planning board basics nc - nccommerce.com board basics friday, may 6, 2011 morganton, nc nc...

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PLANNING BOARD BASICSFriday, May 6, 2011

Morganton, NCNC Department of Commerce

Division of Community Planning

Western Regional Office

Western Carolina University

Department of Political Science

Local Government Training Program

NC Division of Community Planning

Contact Information

NC Department of CommerceDivision of Community PlanningWestern Regional Office31 College Place, Building BAsheville, NC 28801

Phone: 828.251.6914Fax: 828.251.6918Email: [email protected] (Karen Smith)

[email protected] (Ginny Faust)[email protected] (Ron Hancock)[email protected] (Kristy Carter)

Web: www.nccommerce.com/wro

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Local Government Training Program

Contact Information

Vickey Wade, Director, LGTPDepartment of Political Science and Public AffairsWestern Carolina UniversityCullowhee, NC 28723‐9056

Phone: 800.621.0008 (NC Only) 828.227.3442

Fax: 828.227.7502Email: [email protected]: http://lgtp.wcu.edu

With thanks to:

UNC‐Chapel Hill School of Government FacultyRichard D. DuckerAssociate Professor of Public Law and Government

David W. OwensProfessor of Public Law and Government

Knapp‐Sanders BuildingCampus Box 3330UNC‐Chapel Hill, Chapel Hill, NC 27599‐3330

Phone: 919‐966‐5381 Fax: 919‐962‐0654Email: [email protected]; [email protected]: http://www.sog.unc.edu/

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Presentation Overview

Planning Board Authority, Roles and Responsibilities

Long Range Planning, Case Review and Public Participation

Effective Boards, Members, and Meetings

Various Legal Topics

Questions and Answers

Why Plan?

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Why Plan?

Assist with decision‐making

Solve community problems

Address growth issues and development pressures

Guide economic development

Provide for efficient development of public services

Protect cultural and environmental resources

Preserve land values/protect investments

Enhance quality of life

Meet legal requirements

Why Plan?

Statutory Requirements Zoning regulations must be made “in accordance with a comprehensive plan.” (NCGS 160A‐383 & 153A‐341)Land development plan a prerequisite for NCDOTtransportation plan (NCGS 136‐66.2)

Other Requirements/Incentives for PlanningFederal and state agency requirements for financial assistanceHigher priority status for some grants

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Role of Planning Board

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Local Government Participants in Planning Decisions

GOVERNING BOARD• Legislative Decisions • Makes Law

PLANNING BOARD• Advisory Decisions• Provides Recommendations to

Governing Board

PLANNING STAFF• Administrative Decisions• Handles Day-to-Day Planning

Functions

BOARD OF ADJUSTMENT• Quasi-Judicial Decisions• Hears Appeals, Variances,

Conditional Use Permits

PLANNING DECISIONS

Planning Board Roles/Responsibilities

Recommend

Monitor

Advise

Cooperate, Communicate and Coordinate

Make Decisions

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Legal Context

Government Hierarchy

FederalSupremacy of US Constitution and laws; Constitution limits powers of Congress.

StateInherent powers; subject to federal preemption and federal constitutional limits.

Local

No inherent powers; authority created by state delegation; subject to state and federal preemption and state and federal constitutional limits.

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State Delegation of Authority

The NC General Assembly holds power over local governments.

North Carolina is not a “home rule” state.

Local governments require specific statutory authority to act.

Through the General Statutes, the General Assembly has delegated a substantial amount of authority to local governments.

Local Government Powers

Dillon’s Rule

Local governments possess and can exercise the following powers and no others:

Those granted in express words;

Those fairly implied in or incident to the powers expressly granted;

Those essential to the declared objects and purposes of the municipality.

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Local Government Powers

NCGS 160A‐4 and 153A‐4: Broad Construction

Cities [counties] should have adequate authority to execute the powers, duties, privileges, and immunities conferred upon them by law.

The provisions of Chapter 160A [153A] and city charters [local acts] shall be broadly construed and grants of power shall be construed to include any additional and supplementary powers that are reasonably necessary or expedient to carry them into execution and effect.

The exercise of such powers shall not be contrary to State or federal law or to state public policy.

Planning and Zoning Guidelines

PLANNING AND ZONING GUIDELINES

Local Guidelines

Court Decisions

NC General Statutes

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NC General Statutes

Planning and Regulation of Development (Chapters 160A, Article 19, & 153A, Article 18)

Police Power (Chapters 160A, Article 8, & 153-A, Article 6)

Open Meetings Law (Chapter 143, Article 33C)

Public Records Law (Chapter 132)

NC Planning Statutes

NC G.S. 160A: Cities and TownsARTICLE 19: Planning and Regulation of Development

160A-361: Planning Boards160A-371-376: Subdivision Regulation160A-381-392: Zoning

380(d): Conflicts of Interest383: Comprehensive Plan Consistency388: Board of Adjustment

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NC G.S. 153A: CountiesARTICLE 18: Planning and Regulation of Development

153A-321: Planning Boards153A-330-335: Subdivision Regulation153A-340-348: Zoning

340(g): Conflicts of Interest341: Comprehensive Plan Consistency345: Board of Adjustment


Police Power

Police Power Authority

160A, Article 8 (Cities)153A, Article 6

(Counties)

General Ordinance-Making Power

160A-178-201 (Cities)153A-125-143

(Counties)

Specific Police Power Ordinances160A-178-201 (Cities)

153A-125-143 (Counties)

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Court Decisions

Takings

Spot Zoning

Vested Rights

Conflicts of Interest

Others


Local Ordinances / Guidelines

Ordinance to Establish Planning Board

Planning Board Rules of Procedure or Bylaws

Local Ordinances

Other Duties as Assigned

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Planning Board Practice

Planning Board Practice

Long Range Planning• Comprehensive Plans, Land Use

Plans• Strategic Plans• Small Area Plans• Special Topic Plans

Amendments• Rezoning• Text Amendments• Integrating Legislative Changes• New Planning Tools

Public Participation

• Awareness• Education• Input

• Interaction• Partnership

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Long Range Planning

A Case for Long Range Planning

In Our Communities

• More Residential Development• More Commercial Development• Less Farmland, Open Space, Wild Areas• Increase Demand for Services• What if you have less of these?

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Why Have a Long Range Plan?

Wise Investments

Guide Decisions, Rational Basis

Development Certainty, Economic Development

Define Future (Sense of Place)

Protect Assets

Because We Said So

Long

Ran

ge P

lann

ing

Proc

ess

Gather Data

Forecast Trends

Create Goals

Select Implementation

Tools

Public Approval

ImplementActions

Monitor

Update

Education

Public Participation

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Types of Long Range Plans

Comprehensive Plan, General Plan, Land Use Plan

Strategic Plan

Small Area Plan

Special Topic Plan

Land use plans, sometimes called comprehensive plans, are adopted statements of the local government that set forth in words, maps, illustrations and/or tables goals, policies, and guidelines intended to direct present and future physical, social, and economic development that occurs in the community. Plans are generally long range (10‐20 years).

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Land use plans are often used to direct future growth.

2007 Bryson City Land Use Plan, DCA, Western Regional Office

Strategic plans evaluate a few critical areas that are important, rather than looking at everything at once. Strategic plans are action oriented and generally involve a shorter time period than the comprehensive plan.

US 70/Cornelius Street Corridor Strategic Plan 2008

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Small area plans generally apply to small areas such as downtowns, major growth corridors, or neighborhoods.

Jackson County US 441 Small Area Plan, 2008

Special topic plans are plans that address a specific topic and may include plans for pedestrians, transportation, design, hazard mitigation, or greenways.

Spring Garden Street Pedestrian Scale Overlay, Greensboro, 2008

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Long Range Plans

Take time to create plans

Use assistance

USE THE PLANS!!

Make your work easier

Moving from Conventional Zoning

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Changing Communities

Demographic Changes

Sprawl

Agriculture Less Profitable

Regulatory Changes

Climate Change

Public Health

Globalization

Public Health

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Planning Responses

Sustainability (Triple Bottom Line)

Place Making

Bicycle and Pedestrian Planning, Walkability

Greater Public/Youth Involvement

Market Assessments

Communications & Branding

Visualization

Design or Appearance Standards

Form Based Codes

Sustainability / Triple Bottom Line

Triple Bottom Line

Economic Sustainability

Stable Tax Revenues, Efficient Municipal

Service Delivery, Energy and Resource Efficiency

Environmental Sustainability

Natural Infrastructure, Climate Change

Adaptation, Energy Efficient Construction

Social Sustainability

Housing Diversity, Civic Engagement, Cultural &

Historic Resources

Source: Craig Lewis, The Lawrence Group

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Placemaking – Great Places

Project for Public PlacesTransportation

Multi‐Use

Markets

Downtowns

Civic Centers

Parks

Campuses

Squares

Waterfronts

Source: Project for Public Spaces: http://www.pps.org/

Bicycle and Pedestrian Planning

NC DOT Division of Bicycle and Pedestrian Transportation

http://www.ncdot.gov/bikeped/planning/

Pedestrian and Bicycle Information Center

http://www.pedbikeinfo.org/

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Walkability Score

Source: http://www.walkscore.com /

Market Assessments

Source: NC Division of Community Planning and Division of Urban Development (STMS)

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Communications and Branding

Visualization

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Visualization

Design / Appearance Standards and Form Based CodesCase ExamplesBryson CityMaggie Valley

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Rezoning and Other Amendments

Types of Review

Rezoning (Map Amendment)

Text Amendments

Other

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Rezoning Request:

RM8 to Commercial Business II

REZONING: A petition to amend the Zoning Map to reclassify land from one zoning district to another.

Rezonings: Things to Remember

Rezoning Request:

RM8 to Commercial Business II

Subjects site to a different set of regulations.

Once rezoned, the property becomes open to all permitted uses. Rezone based on all uses, not for the

applicant’s purposes.

Recommendation is based on consistency with a plan, and that it advances public health, safety, and general welfare.

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Rezonings: Getting to a Decision

Does the rezoning of the property provide a benefit which is not available to the surrounding properties?

How is the zoning amendment compatible with the suitability of the property for particular uses and the character of the surrounding area?

What are the nearby development/zoning patterns?

Is there a public need for additional land to be zoned to the classification requested (i.e. more commercial or more residential)?

What conditions have changed since the property was last zoned? How would you zone the area if it was first being zoned?

What are the benefits or detriments to the landowner, immediate neighbors, surrounding community?

Consider the full range of uses allowed by the proposed district—are all allowable uses compatible?

What uses are nearby?

What is the impact on public services, facilities, infrastructure, fire and safety, parks and recreation, topography?

Ordinance Text Amendments

Ordinance text amendments are proposals to change the wording of the ordinance.

Used when there is a change to the regulations, procedures, or other provisions applicable to development.

Make sure the amendment is carried throughout the ordinance. A change in one place often necessitates changes elsewhere.

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Ordinance Text Amendments

Image Source: http://www.insidesocal.com/tomhoffarth/archives/2010/05/our-daily-dread-157.html

What may be considered a minor ordinance amendment may have significant policy implications.

CASE EXAMPLE: Sylva, NC

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Statement of Consistency


Planning boards must comment in writing on any proposed zoning map or text amendment.

Address whether the proposed amendment "is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable."

When adopting or rejecting any proposed amendment, the governing board must also adopt a statement address this issue (and also addressing why the board believes the action taken is reasonable and in the public interest).

Statement Samples: http://www.sog.unc.edu/organizations/planning/legisinfo/PlanConsistency%20Samples.htm

Statute Reference: G.S. 160A‐383; 153A‐341

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Hazard Mitigation Plan

Pedestrian Plan

Transportation Plan

Comprehensive Land Use Plan

ADOPTED PLANS CONSISTENCY STATEMENT

Amendment is consistent with Goal 2.2 in that it creates more density.

Amendment provides traffic relief in the proposed area.

Not in compliance. Will block pedestrian flow to State Street.

This area is not addressed in the Hazard Mitigation Plan.

Zoni

ng A

men

dmen

t

Public Participation Tools

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Communicate to the Public

Importance of decision

Who will make the decision

Decision making process

Criteria used to make decision

Opportunities for public participation

How planning board will respond to comments

Timeline for making decisions

Appeal rights (if they exist)

Public Participation Tools

Public Awareness

Public Education Public Input Public Partnership

Direct Mail Public Ed. Mtgs. Open Houses Citizens Planning Committee

News Releases Websites, Social Media Public Hearings Referenda

Displays Focus Groups

Opinion Surveys

Visioning

Citizen Advisory Committee

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With thanks to Kristy Carter and Ron Hancock, for technical assistance

Karen Smith, for thoughts and editorial assistance

Geoffrey Willett, former Chief Planner, for ideas

Several wonderful publications from the Planning Commissioners Journal:

• Now that You’re on Board: How to Survive…and Thrive…as a Planning Commissioner

• Welcome to the Commission! A Guide for New Members

• Taking a Closer Look, Getting Organized for Business

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What does it mean to be an effective Planning Board?

What makes a good planning board member?

What are some of the underlying values you have as a board member?


What is your Job Description?Have a desire for a better community

Be a guardian of public investment

Represent the general public interest

Be a unifier, not a divider

Have a good sense of the issues—or a willingness to learn about them

Be a communicator

Be willing to ask questions and find answers

Work to bring sound recommendations to elected officials

Understand local officials may not take your advice

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Remember who appointed you—the governing board.

You want to be working on what they want you to be doing.

AND you also work for the community, so you have many hats to wear!


Form Good Relationship with the Governing Board

Attend governing board meetings

Be acquainted with political platforms of governing board members

Have joint meetings to reach consensus on vision, goals, objectives, and planning agenda

Provide an annual report at a governing board meeting

Have a governing board member as a liaison to Planning Board

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Control the agenda and the meeting

Staff and Board chair could decide on meeting agenda together—who’s on first?

Report distribution

Start on time, and check in regarding the ending time


First impressions matter

Make time for long‐range planning—form committees to work on important and/or complex projects

Consider having public comment time at every meeting

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Ask questions until you get answers

For developments, look behind pretty pictures.

Even the best staff reports sometimes miss things, so don’t be afraid to speak up!

Don’t vote until you’re ready

Insist on and act in the public interest


Work with staff

Staff are there to help and want to do it!

Recognize staff may not be experts in all facets of planning

Staff works with governing board, planning board, and public

Communicate

Strive for a long‐term partnership with an attitude of mutual respect

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Tips for Board Chairs

The importance of the role of the board chair cannot be emphasized enough

Control the meeting

Encourage all board members to participate

Encourage people to come forward to speak

Always show fairness, and be clear when you are expressing a personal opinion


Strive to be alert and positive, fair and courteous, even at a hearing that has gone on for a while

Use praise unsparingly for the governing board, staff, and public

During meetings, keep your antennas out for verbal and nonverbal signals

Enjoy your role!

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Controversy is part of planning

Reach out when there is no controversy—people will trust you more

May be less emotion if begin discussing a difficult issue informally

For feedback (community priorities), go to where people are

People are persuaded by people

Avoid having unresolved disagreements linger


It is crucial to show respect to everyone

Our worst personal traits often come out at meetings

People are not necessarily wrong when they are angry

Annoying people can have good ideas and valid concerns

Be aware of non‐verbal cues

Think about your tone of voice

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Effective Boards, Members and Meetings

Make eye contact with speakers

Don’t use electronic gadgets

Long meeting issues

Don’t make it seem like you have already made up your mind before voting


Planning is not just for adults

Have some fun—don’t be afraid of humor

When we are relaxed, we can be more creative

“Sharpen your saw”—make time for training; avoid burnout

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Think of “p’s”Remember the big pictureBe preparedParticipate in the meetingBe passionate about issues you really care aboutGentle persistencePatienceIt takes practice/experience to be a good memberKeep things in their proper perspectiveBe proud of the work you are doing


Think about running for office!

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