Planning Commissioner 101 DUSTING OFF THAT CODE AND LEARNING HOW TO USE IT

Transcription

1 Planning Commissioner 101 DUSTING OFF THAT CODE AND LEARNING HOW TO USE IT

2 Land Use Conflicts Does your code allow this? Construction of a Convenience Store in the middle of a neighborhood. What issues does this type of situation present? How could this have been prevented?

3 Land Use Conflicts Does your code allow this? Construction of a Convenience Store in the middle of a neighborhood. What issues does this type of situation present? How could this have been prevented?

4 Land Use Conflicts Does your code allow this? Construction of a Convenience Store in the middle of a neighborhood. What issues does this type of situation present? How could this have been prevented?

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6 Advent Of Zoning 1885 San Francisco banned public laundries from most areas, a not-so-subtle attempt to zone the Chinese out. (Invalidated by a 1886 Supreme Court case) 1909 (Los Angeles experimented with a city-wide regulation to keep heavy industry and commerce out of certain neighborhoods) 1916 New York adopted first comprehensive zoning code Pyramid Zoning

7 DEFINED (by the City): Planning Commission: W.S Each city and town may have a planning commission. The number and terms of the members and any other details relating to its organization and procedure shall be determined by the governing body. The members shall be appointed by the mayor with the consent of the governing body and shall serve without compensation, except for reasonable expenses. The commission may appoint employees and staff necessary for its work and may contract with city planners and other consultants, including any appropriate agencies or departments of the state of Wyoming, for any service it requires. W.S General Powers of Commission (a) The commission has all powers necessary to perform its functions and promote municipal planning and may: (i) Make reports and recommendations relating to the plan and development of the municipality to public officials and agencies, other organizations and citizens; (ii) Recommend to the executive or legislative officials programs for public improvement and their financing.

8 DEFINED (by the County): Planning and Zoning Commission: : Planning and zoning commission; composition; residency requirements, terms and removal of members; vacancies; rules; record; meetings to be public; secretary; preparation and amendments; purpose; certifications and hearing; amendments. (a) Each board of county commissioners may by resolution create and establish a planning and zoning commission. (b) The planning and zoning commission may prepare and amend a comprehensive plan including zoning for promoting the public health, safety, morals and general welfare of the unincorporated areas of the county, and certify the plan to the board of county commissioners. Before certifying its plan or amendments thereto to the board the commission shall hold at least one (1) public hearing. Notice of the time and place of hearing shall be given by one (1) publication in a newspaper of general circulation in the county at least thirty (30) days before the date of the hearing. Any person may petition the planning and zoning commission to amend any zoning plan adopted under the provisions of W.S through (c) The planning and zoning commission shall prepare recommendations to effectuate the planning and zoning purposes and certify its recommendations to the board of county commissioners. Before adopting the recommendations the board shall hold at least one (1) public hearing. Notice of the time and place of hearing shall be given by one (1) publication in a newspaper of general circulation in the county at least fourteen (14) days before the date of the hearing. After public hearing has been held, the board shall vote upon the adoption of the planning or zoning recommendation. No planning or zoning recommendation shall be adopted unless a majority of the board votes in favor thereof.

9 Powers Of The Commission Typically an advisory body Sometimes decision makers Can be an appeal board Multiple hats

10 Powers The Commission May Think It Has But Doesn t* Approving items Typically your new Commissioner Becoming a banker, economist, architect, landscape architect, professional planner, engineer, lawyer or zoning czar Design a project Tell applicants what, where and when to build Micro-manage staff and a project Approve whatever is presented to them Discuss specific projects with the applicant or neighbors and not disclose it. Ask for guidance from the Governing Body *Not all Commissions are enabled equal. Depending on local Ordinances and/or Resolution, some may be more powerful than others)

11 Funny Things Commissioners Say What is this green circle on the site plan? What is this dashed line with an S on it? Which way is up? How wide will this driveway be? How many cars fit in the parking lot? What s the property zoned? Is this safe? Is this a rezoning or a conditional use permit? How do I make/amend a motion? What did we just vote on?

12 Planning Commissioner s Role Make recommendations Be stewards of the codes/regulations Plan Enforce the Plan Be educated

13 Appointed Board Volunteers appointed by the Board/Commission Staggered Terms Citizen volunteers (not professionals, not paid) Trusted by the elected officials to make educated recommendations Public sounding board Typically the public s first opportunity for public comment

14 Staff Who Are They? Educated! AICP American Institute of Certified Planners The citizen s first contact Policeman of Land Use I m sorry sir, I caught you illegally proceeding with the subdivision of your land Commission and Council Guides Enforcers of comprehensive plans, sub-area plans, community directives and policy decisions The Commission s (and governing body s) workhorse Jumps into the nitty gritty. Analyzes applicable codes/regulations, Prepares Staff Reports

15 Staff Reports How Are They Prepared?! Based on regulations! Not downloaded from the web Projects are reviewed by multiple agencies for conformance with applicable regulations Staff has strict responsibility to provide the Commission with specific findings to support their recommendation to the governing body.

16 Regulations Zoning ordinances Subdivision ordinances Overlay districts Development standards Parking standards Landscaping standards

17 How Are Regulations Made? PLANS! Comprehensive Plans Sub-Area Plans Specific Area Plans Policy Statements Know Issues/Deficiencies Use These Plans! We re Going Bananas! We need a plan to regulate the Monkey Business!

18 Responsibilities Of A Commission Understand your role and responsibilities Typically Advisory Ensure familiarity with proposals and applicable regulations Be consistent Make the tough recommendations Listen to staff (aka professionals) Listen to the public Conduct public hearings Time Limits Protests Panic button prevention Listen to staff Enforce applicable regulations Questions on proposals? Contact Staff. Staff prefers questions and will give clarity prior to a meeting. Disclose ex-parte communications and conflicts Challenging in small communities

19 Protest Neighbors NIMBY - Not In My Back Yard And BANANA (Build Absolutely Nothing Anywhere Near Anything Likely will make appearances if: Land next door is undeveloped Not zoned the same as theirs Protest Don t lean on protest letters by people not in attendance

20 Public Hearings Navigate the meeting Control the meeting Explain procedures Be respectful (to everyone) Clear direction to the audience Speak through the Chair Time limits on comments If public comment is closed keep it closed Stick to the agenda Ask questions Use your staff for clarity

21 Staff s Expectation Of The Commission Read your packet/staff report Run the meeting fairly Don t lose control Don t agree with audience members, staff or other commissioners. Respect Be consistent Base decisions on findings of fact

22 Dealing With Conflict It may seem okay but all signs say no Don t communicate with the developer about an application Disclose Avoid appearance of conflict It s your land Financial gain It s your friend It s your neighbor It s your application!

23 Council /Commissioner Expectations Elected You are advisory to them You are one of many advisors Visible in the Community The final decision maker Set the direction of the community

24 Other Important Items Developers or applicants typically only see the Commission once. Sometimes they only have one vision throughout the review process

25 Scenario A developer wants to build 8 single-family homes with cul-de sac frontage on a vacant 2-acre multifamily zoned lot next to existing apartments. The developer is not seeking any variances from design requirements or lot dimensions. The lot has 7% slope and is located next to a school and creek oftentimes frequented by school children. School children have made a single track path through the edge of the property. Neighborhood kids use the lot for sledding in the winter. City Code allows single-family homes in multifamily districts. City Code has restrictions on development slopes over 20% The Comprehensive Plan recommends multi-use paths along riparian corridors. The Comprehensive Plan calls for more parks in the City. Citizens complain that the development doesn t provide recreational opportunities, a trail linkage and doesn t match the neighborhood. Staff recommends approval of the application as filed.

26 Don t Get Trapped No one likes surprises (Even your elected officials)

27 And Don t Let Your Zoning Decisions Turn Into This:

28 Communicate Public Staff Elected Officials Each other