Comprehensive Planning 101 2005 Region IV Conference Atlanta, GA Helene Merkel, Program Manager Horne Engineering

Background Unchecked growth and development represent a loss of training and testing capability GAO reported that nearly 80% of the nation’s military bases are experiencing growth around their fence lines at rates higher than the national average. DoD has implemented a number of initiatives to counter the effects of encroachment and to ensure compatible land uses

Background (cont.) Will require installations and surrounding communities to think strategically about growth Will also require installation personnel to become more involved in local land use planning decisions.

Workshop Format Planning Authority Overview of Comprehensive Planning Process General or Comprehensive Plan Area Master Plans and Small Area Plans Functional Plans Plan implementation (zoning and development review) Public participation Examples of DoD Initiatives Army Compatible Use Buffer Program Marine Corps’ Encroachment Mitigation Planning Nature Conservancy’s Consideration of Off-Base Conditions in Installation Master Planning

Planning Authority The Standard State Zoning Enabling Act Developed by an advisory committee on zoning appointed by Secretary of Commerce (and later President) Herbert Hoover in 1921 GPO published the first printed edition in May 1924, and a revised edition in 1926 The Standard City Planning Enabling Act A preliminary edition was released in March 1927 Final version was published in 1928.

Standard State Zoning Enabling Act A grant of power A provision that the legislative body could divide the local government’s territory into districts A statement of purpose for the zoning regulations Procedures for establishing and amending zoning regulations A legislative body was required to establish a zoning commission

Standard City Planning Enabling Act Covered six areas: Organization and power of the planning commission Content of the master plan Provision for adoption of master street plan by the governing body Provision for approval of all public improvements by the planning commission Control of private subdivision of land Provision of establishment of a regional planning commission and regional plan

Jurisdictions’ Planning Authority Rests with the state’s enabling legislation Maryland’s Enabling Legislation: “The making of the general plan, including its parts, amendment, extensions, or additions, the protection of and the carrying out of the plan, and the exercise of all planning, platting, zoning, subdivision control, and all other powers granted in this title …shall be with the purposes guided and accomplishing a coordinated, comprehensive, adjusted, and systematic development of the regional district, the coordination and adjustment of this development with public and private development of other parts of the State of Maryland and of the District of Columbia, and the protection of the health, safety, morals, comfort, and welfare of the inhabitants of the regional district.”

The General or Comprehensive Plan Primary official public policy document guiding a jurisdiction’s physical development Addresses timely and orderly provision of needed public utilities, facilities, and services. Contains goals, concepts, guidelines, and proposals for: Environment and Energy Land Use and Economic Development Housing and Neighborhoods Historic Preservation Transportation and Public Facilities Utilities

The General or Comprehensive Plan (cont) Detailed recommendations concerning specific parcels of land or public facilities are not discussed Detailed recommendations are presented at the next level of planning: Area master plans Small area plans Functional plans Recommendations contained in the above plans must be consistent with the policy guidelines set forth by the General Plan

Area Master Plans For planning purposes, a county or local jurisdiction divides itself into subregions, which are further divided into planning areas Each planning area is a fairly cohesive district that is typically bounded by a major highway, political boundary, and/or natural border such as a stream valley. Area master plans may be prepared for an individual planning area, group of planning areas, or entire subregions.

Area Master Plans (cont.) Consists of a plan map along with supporting data, text, and other maps Provides specific recommendations on: Environment Historic Preservation Living Areas and Housing Commercial Areas Urban Design Circulation and Transportation (including highways and mass transit) Neighborhood Revitalization (where appropriate) Public Facilities

Area Master Plans (cont.) Addresses the adequacy of public facilities Land use proposals are analyzed for the impact on schools, police, fire, rescue, libraries, health, parks, and trails Presents recommendations to correct any deficiencies of these public services and assets A study is undertaken of the balance between the proposed land uses and the proposed transportation system. This prevents the overzoning of an area with high traffic-generating uses.

Area Master Plans (cont.) Planned land uses in the master plan become the basis for decisions on where new schools, fire stations, and other public facilities are needed in the future. Area master plans are also used to guide decisions on zoning change, special exception, and subdivision applications. Area master plans are used as the basis for comprehensive re-zoning.

Small Area Plans Master plan for an area smaller than a planning area Typically occurs due to a special situation Another type of small area plan is the sector plan Often involves a specific land use evaluation for a portion of major corridors or economically-viable focus areas such as town centers or highway intersections

Functional Plans Plans that comprehensively cover a specific topic for the entire county or jurisdiction Functional plans are prepared for such topics as: Housing Parks, recreation, and open space Transportation Historic preservation Schools Trails Public safety

Plan Implementation Zoning Development Review

Zoning The legal power of government to regulate the use of private property for the purpose of protecting: Public health Safety Welfare One of the police powers of a state Usually delegated and exercised by the City or County Council

Zoning (cont.) Link between planning and zoning is critical Zoning ordinance is usually part of the jurisdiction’s code Zoning ordinance does the following: Describes the various zones Lists the uses permitted in each zone Specifies density Sets forth the procedures to change the zones Establishes standards for the location of structures, building heights, setback, and other area requirements

Zoning (cont.) Zoning categories allow residential, commercial, or industrial uses at varying densities (e.g., RA, RR, RT, etc.) Some adopted zones permit a mix of compatible land uses subject to certain standards Two types of zones: Conventional (Euclidean) Floating

Conventional Zoning Conventional zones fall into three categories: Residential Commercial Industrial Permitted land uses and densities are specifically listed Each land use is permitted subject to strict requirements regarding: Lot size Lot coverage Street frontage Building setbacks Height limits

Conventional Zoning (cont.) Residential Zones Residential zones cover all types of residential development from single-family detached to high-rise apartments Densities can range from a maximum of 1 dwelling per 20 acres to 48+ dwelling units per acre Commercial Zones Commercial zones provide for developments which is either predominantly retail, office or service-commercial in nature Specialized commercial zones provide for upscale regional malls or small neighborhood shopping centers

Conventional Zoning (cont.) Industrial Zones Provides for both light and heavy industrial areas Also provides for planned employment parks in campus-like settings Includes two specialized industrial zones

Floating Zones Purpose of this zone is to encourage creativity of design and permit specialized land development The number of uses allowed is quite broad, but proposals are subject to in-depth review process Certain development regulations (lot size and coverage, etc.) are not specified and are established in the review process Examples include: Comprehensive design zone Mixed use/planned community zone Overlay zone

Rezoning Zoning Map Amendments Sectional Map Amendments Requested by a property owner for a single parcel of land A determination must be made that: There has either been a substantial change in the character of the neighborhood A mistake was made either in the original zoning or the most recent sectional map amendment Sectional Map Amendments Also known as comprehensive rezoning All of the zoning within a geographic area is examined Result is a new zoning map for the subject area

Special Exceptions Zoning ordinance permits certain uses that would not otherwise be allowed in a particular zone Uses which may be allowed by special exception are listed in the zoning ordinance on a zone-by-zone basis Special exception applications may be considered only for those uses listed as an allowable special exception under that zone

Variances A mechanism to obtain relief from the strict application of zoning ordinance requirements Building height Building setback Yard requirements Variances are appropriate in situations where strict conformance would result in unusual practical difficulties or undue hardship

Departures Grants relief from the strict application of zoning ordinance requirements Examples include: Design of parking and loading facilities Number of parking and loading spaces required Sign regulations Landscaping, buffering, and screening requirements

Nonconforming Uses and Structures Land uses and structures in existence that do not meet the current requirements of the zoning ordinance Nonconforming uses and structures are considered to be “grandfathered” Any alteration, enlargement, extension, or reconstruction of a nonconforming use requires approval by special exception

Development Review Subdivision Site Plan Review Preliminary plat Cluster preliminary plat Final plats Record plats Site Plan Review

Site Plan Review Some developments require site plan review Triggered by a zoning ordinance requirement attached to a particular zone, or use May also be required as a condition of preliminary plats, special exception, or zoning map amendment Process involves in-depth review of the site plan and is based primarily on design issues: Buffering Landscaping Grading Architecture

Site Plan Review (cont.) Plan must conform to design guidelines stipulated in the zoning ordinance Guidelines are performance standards for: Design of parking, loading, and circulation Lighting Views Green area Site and street amenities Grading Service areas Public spaces Architecture (in some cases)

Site Plan Review (cont.) Public hearing is required Properties are posted with a sign advertising the hearing All adjacent property owners are notified by mail Any interested person may speak on the proposal at the hearing Two types of site plans Conceptual site plan Detailed site plan

Conceptual Site Plan Shows basic relationships among the proposed uses Illustrates approximate locations of structures, parking areas, streets, site access, open space, and other major physical features May be somewhat detailed or may depict large areas connected with arrows and other graphic symbols Conceptual plans must be approved before a preliminary plat of subdivision may be approved

Detailed Site Plans Detailed site plans show the specific location and design of all buildings and structures, streets, parking lots, open spaces, landscaping, grading, and other physical features. Detailed site plans must conform to site design guidelines and preceding conceptual site plan Building permit cannot be issued until detailed site plan has been approved

Detailed Site Plans (cont.) Detailed site plan for infrastructure is also required and shows the following: Grading Stormwater management Tree conservation areas (if required by the jurisdiction) Sediment and erosion control Utilities (e.g., water and sewer) Allows applicant to go forward with grading and making infrastructure improvements

Growth Management Local Regional State Fundamental Planning Tools Adequate Public Facilities Rural and Natural Areas Preservation Urban Revitalization Regional State Open Space Protection Smart Growth

Local Growth Management Fundamental Planning Tools Comprehensive Plan Zoning Subdivision Regulations Capital Improvement Plan Adequate Public Facilities (APF) APF Ordinances Conditional Use Permitting Conditional Zoning Land Use and Utility Coordination Impact Fees Targeted Development Areas

Local Growth Management (cont.) Rural and Natural Areas Preservation Conservation Easements Transfer of Development Rights (TDRs) Purchase of Development Rights (PDRs) Land Assessment and Taxation Program Urban Revitalization Enterprise Zones Empowerment Zones Density Incentives

Regional Growth Management Most regional agencies only have advisory powers Address regional initiatives and issues Planning Transportation Housing Environment

State Growth Management Open Space Protection Use state funds to purchase properties States’ Farmland Preservation Programs State Land Conservation Programs Smart Growth Urban Revitalization Focused Growth and Development

Public Participation General Plan Master Plan Functional Plans Public Hearings Rezoning Special exceptions Variances Site Plan Review