The URL can be used to link to this page

5.9 J r-Q ITEM 5.9 ' yof lk � MEMORANDUM River TO: Planning Commission FROM: Steven B. Ach, City Planner DATE: April 23, 1996 SUBJECT: Ordinance Amendment Request by the City of Elk River, Public Hearing Case No. OA 96-2 Attachments • Map of areas within urban service not presently served • Memos to the Planning Commission and City Council dated 4/15/96, • 2/27/96 and 2/19/96 • Growth management articles Request The City of Elk River is bringing forward an ordinance amendment to consider deleting the requirement that commercial and industrial development within the urban service district be required to hook up to city water and sewer in order for development. Overview This issue has been presented and discussed with the Planning Commission at an earlier workshop, as well as a joint meeting with the Planning Commission and City Council and representatives of the Chamber of Commerce. The primary issue at hand is whether to continue with a fundamental growth management strategy which controls commercial and industrial development from occurring unless water and sewer is available. Or, to amend the current ordinance to provide the opportunity for commercial, industrial and business park development to occur prior to the availability of city water and sewer. • 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Memo to Planning Commission/0A96-2 Page 2 April 23, 1996 • Analysis Attached to this memo are a couple of articles discussing growth management and why it has become such an important issue for cities to consider. I would encourage the Planning Commission to read through these articles and recognize that growth management is a comprehensive issue, not solely predicated on the efficient extension of city water and sewer. In a nutshell, cities practice growth management to minimize extraordinary or premature expenditures for infrastructure improvements as a result of growth (sprawl). This "pattern" of growth can strain the city's ability to efficiently provide services. On the other hand, if the demands for services can be concentrated geographically, the city's ability to efficiently deliver those services is enhanced. This is not only good public policy but good business sense. Cities throughout the country have implemented various methods to control growth. Arguably, there is probably not one perfect growth management method; however, the common denominator is to prevent "sprawl" and direct "development" in areas with existing infrastructure. Local examples include cities such as Woodbury, Rogers, Brooklyn Park, and • Maple Grove. These communities do not rezone property within their urban service areas to its highest and best use until municipal services are available. Through this application of zoning, subdivision regulation and comprehensive plan policies, cities have been able to control their growth and once again, focus development (infill) in areas with existing infrastructure. There may not be a perfect answer to this issue; however, what staff has found is most communities have selected to implement some form of growth management policies. If there is one common thread in every community, it seems to be the need to become more efficient and basically "do more with less". In order to successfully accomplish that efficiency, some type of growth management needs to be implemented. Sprawl vs. Development The terms, sprawl, development and growth are often times used interchangeably, when in fact they have different meaning. Sprawl and growth relate to a spatial or physical spreading of land use consumption. While development is more of a qualitative measurement of a physical occurrence. Development is harmonious with growth management but just the opposite of sprawl. • s:\planning\pc\oa96-2xx.doc Memo to Planning Commission/0A96-2 Page 3 April 23, 1996 • Goals of Growth Management The following are some general goals commonly mentioned in any growth management literature: 1. Preserve the character of the community and promote community identity. 2. Conserve agricultural land and preserve open space. 3. Encourage full utilization of existing facilities. 4. Control development of new areas to ensure coordination with existing and proposed facilities. 5. Maintain or improve the level of community services. 6. Improve housing opportunities, increase diversity and promote better housing developments. 7. Avoid environmental problems. III 8. Prevent sprawl. 9. Promote aesthetics and preserve historic or cultural features. 10. Reduce traffic congestion and improve the road system. 11. Promote public safety. Some of the questions or issues that should be considered in evaluating the proposed ordinance amendment can be summarized by asking the following questions: • Will allowing development within the urban service area prior to water and sewer create a barrier to extending municipal services at a later date? (Think about the current condition of east Highway 10 and the public opinion regarding water and sewer.) • With the growing needs of the community, how will the limited capital improvement resources be prioritized to accommodate the community's need, if we continue to expand geographically the City's "service area". III s:\planning\pc\oa96-2xx.doc Memo to Planning Commission/0A96-2 Page 4 April 23, 1996 • Will allowing development outside the "immediate" service area • jeopardize full utilization of the existing infrastructure (i.e., utility lines, roads, signal lights, etc.)? • What type of uses will be attracted to these areas and will the quality of development be consistent with the City's long range goals? (Think of Highway 10 through Ramsey and Highway 101 between Rogers and Elk River. Cheap land, convenient access and a proliferation of"land intense" uses (i.e., contractor yards, storage, vehicle sales). • What role will the City have to play in order to facilitate redeveloping or extending utilities in the future? Furthermore, at what cost will this occur? Fire Protection The fire chief recently enlightened me with some information regarding Insurance Service Organization (ISO) rating system to evaluate a city's ability to protect residential, commercial and industrial structures throughout the community. The lower the city's ranking (1 being the best), the lower the private business' fire insurance rates may be. Currently, the City has a rating of 5 in its urban area and a 9 in its rural area. Although III this ranking has no direct benefit to the City, other than possibly using the lower fire rates as an incentive for economic development purposes, it does benefit private businesses. Certainly the goal of the Fire Department is to lower (improve) the City's rating both in the urban and rural area. In order for this to occur additional equipment may need to be purchased to adequately fight fires in the rural area. The Fire Chief has included a memo speaking to the department's concern with development without adequate fire protection. Property Taxes One of the possible advantages of allowing growth and development prior to the availability of municipal services is the added tax base. As it has been well documented, commercial and industrial development contribute handsomely to the City's tax base. To illustrate this, the following is an example of the contribution made by a 20,000 square foot industrial business along east Highway 10: • s:\planning\pc\oa96-2xx.doc Memo to Planning Commission/0A96-2 Page 5 April 23, 1996 • Business A Land Value 40,000 Building Value X61000 Total Value 366,000 Total Taxes 15,962 County 3,591 City 3,662* School District 8,501 HRA/EDA 207 The City's portion of the property tax is roughly 22% of the total tax which in this example is $3,662.00 annually. To try and draw a comparison between development without services and one with municipal services, the following was selected. This illustration is an example of a 28,000 square foot industrial project in the Elk River industrial that has city water and sewer the following example IDhas been selected: Business B Land Value 59,400 Building Value 1,9 0,_64Q Total Value 1,150,000 Total Taxes 55,354 County 12,470 *City 12,714* School District 29,450 HRA/EDA 720 Options to Consider As mentioned above, staff has not found a community that has an ordinance designed to satisfy both the public and private interest. Therefore, staff's efforts have basically been an attempt to design a new ordinance tailored to . meet Elk River's needs. If it is the desire of the Planning Commission to amend the ordinance, one option is to require a conditional use permit. The s:\planning\pc\oa96-2xx.doc Memo to Planning Commission/0A96-2 Page 6 April 23, 1996 • conditional use permit would have a list of criteria which needs to be met in order for the Planning Commission and City Council to approve a development project without municipal services. The following is a sample list of criteria that could be considered to approve a conditional use permit: 1. Developer submit a signed petition for improvements, waiving their rights to future assessments. 2. Executing a developer's agreement outlining the terms and conditions for development plan approval, future assessments and prepayment of any fees. 3. Payment at the time of building permit of a "utility fee" to cover the costs of future trunk assessments. *There may need to be some provision that states a sunset date allowing the prepaid funds to be returned if utilities are never extended. 4. The proposed development satisfies all building and fire code requirements (i.e., sprinkling) that can be adaptable when city water and sewer are ultimately made available. • 5. The City's long range planning efforts are not compromised as a result of the development proposal (i.e., developer install necessary infrastructure to accommodate the projected needs). Another consideration would be to allow existing businesses the opportunity to expand but not allow any new development. This would preserve the "intent" of not allowing premature development while, at the same time, providing those businesses in existence some flexibility. Certainly another option would be to maintain the current ordinance and continue to implement a growth management plan that has been in place since 1988. East Highway 10 Study The City is in the process of having an appraisal completed for the east Highway 10 corridor. This appraisal will assist the City in understanding the financial aspects of extending water and sewer at the same time, the City Council may be having a public meeting on extending water and sewer in either May or June. It may make sense to delay action on this item until the IIIappraisal and public hearing are completed. s:\planning\pc\oa96-2xx.doc Memo to Planning Commission/0A96-2 Page 7 April 23, 1996 • Recommendation When staff began researching ways to amend the ordinance to accommodate development prior to adequate utilities being available, there was some optimism there could be a compromising resolution. However, the more this issue was researched the clearer it became growth management is good public policy and should be continued. The development of a community is a multi-faceted effort cutting across social, environmental, cultural and economic disciplines. These are not independent of one another; rather "tied together". Staff would recommend at this point no change be made to the current ordinance. Waiting for the appraisal and public hearing to be completed may shed new light on this entire matter. Therefore, no change is recommended. • • s:\planning\pc\oa96-2xx.doc —_ .� i I - I i', Iib � 1 0 i I— II I t I I I 'i. o i �i _� I A / [J —A. �' i 1 I I r 1 • I 1 y I - I n� 3 f f I 1 _I�u • J COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS IN THE - I jI URBAN SERVICE AREA THAT HAVE NOT CONNECTED TO > >' 1 CITY WATER AND SEWER -710 01_ l�l6il"�i'11i Om iii r_..1-4► —1 1 --- — �� \ � p j��t\ J �IIJS , �n1m1 , , n -e 1 I� 1� '1/Ua� im 1 T °-MI luism IOW 11111.1111111111111111111VIIIIIIVIVIIPIIII -i7 zf' II.. Nilliani L. 111-4111111 "u`�ia� r o � 4 .lii � 'leritiliM1-97ili 1111111=11 OM . - . .5,117.701411AralrillikWilliallIMSDLIBIEttfrati D -14 ' �� L � -u = � l i__ < - � � 1 - " . , - •_ .,---;9=_=1111M1111ain 11111I7�1111i na -••'� 9111111 1111i11101:11141 NM 'MN 11114-41-1------S- ---'-,:,--0 MINIM"-'.. _ . ,14 . -+wc r J �'I "! ' rvw ry l �- '!� M1 IL's ' �� u �-^ a� 1 V ii v. LII a Apia I Ali .`. r_ .- - ! fir_ 1.,111\1114, h� �: �� 14 AA*7*--vir"' W:w 4-.‘tp..._ -45i.k.2. 1 I U-1211-111N_ .,*14—V.:t,..re.141111P-111111141., iii ••'• • . 4{711--.7.:42. li ' °... ._.... .;:.;,771.-4K-41 %ditirillimafillif '44 --;"‘" —.-- .;-"\ . - :--;'''-',1:''' lirliM . � �■�- �. _: • -='"' Z_ i. a mac` �� \ rito i::4,...i., cram" ea; -es �..- s. --s��.� ��/ ..�. ..:...411 _�hS0.N a Nor. 11111 11111111111119111I1I1111111911111111 1 .,,, , ce_.,. ft -IIIII ! IIIIIIIIIIIIIIIII ! ' a • a'i� 7 ' 'IF:- '1::::.*:;}-0411:111:1::•:,..1' i --_,.. ( A,.....,..-kiim . _ = .1„.................. ____ \ w_,..,..........,...,..... - ' ,:::::,... steal - .i:♦-•.•...,..�.,..�,.♦ I 1,_. -- Urban Service Area •• «. •;:;•::�:•.�.•:• 1' Areas Not Currently Serviced - o.- I • S 1 - - I i `\ _lam \ b City of ! ;tea_-t,.'� I;ll: Rivet. ,, . ' , I, I ! r 15 r,: ` 1 1 1 1 1 : 1 ty of � MEMORANDUM �lk • River TO: Steve Ach City Planner FROM: Bruce West Fire Chief DATE: April 11, 1996 SUBJECT: Lack of Municipal Water Supply Along East Highway 10 With much discussion in reference to proposed commercial and industrial development along east Highway 10 in the City of Elk River, one area of major concern is the lack of a reliable municipal water supply for Fire Department use for protection of any commercial or industrial building. With the proposal of new construction along east Highway 10, numerous factors must be reviewed in reference to the buildings and their size, types of construction, and occupancy classification. Using an example of a 50,000 square foot commercial industrial building, there are several questions that need to be asked and reviewed referencing that type of building. If the proposed building was a type M occupancy or a retail center, the building would require the installation of a sprinkler system. Along with the installation of a sprinkler system, would require an acceptable and reliable automatic water supply. The water supply shall be reliable and be capable of providing the required flow and pressure for the required duration. The options for a reliable water supply are: 1. Connections to a waterworks system. 2. The use of a fire pump with suction from a water tank. 3. Pressure tanks. 4. Gravity tank. These are options in reference to water supply that must be looked at in reference to any proposed commercial and industrial structure within the City of Elk River. In the case of the east Highway 10 corridor without the use of a municipal water supply, the three factors that need to be looked at are fire pump, pressure tank or gravity tank. Additional expenditures are going to be needed for the business owner to adequately protect their commercial, industrial building, with an adequate and reliable water supply source. 1111 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Also in conjunction with the consideration to allow development prior to • municipal services, there would be the possibility of future expenditures for the Elk River Fire Department for additional tankers and protection of our rural non-municipal water supply areas. This is an area of great concern to the Fire Department as the Elk River area continues to grown beyond our municipal water supply areas. There are many concerns referencing expansion of commercial and industrial development into a non-municipal water supply area. Not only the size of the buildings, the type of occupancy, location in reference to other buildings, but our first concern is adequacy of the Fire Department to protect those buildings. One must also think about the additional costs for the commercial industrial user when looking at development in a sewer and water area vs. development into a non sewer and water area. One area as Fire Chief of the Elk River Fire Department I am constantly focusing on is in reference to the Insurance Service Office/Commercial Risk Services Incorporated Public Protection Classification for the City of Elk River. There are three basic elements considered when a city is graded in reference to their public protection classification number. The three elements include: 1. Receiving and handling fire alarms. 2. The Fire Department. 3. Water supply. Measurements of these three elements are • then developed into a public protection classification number on a relative scale from one to ten, with ten representing less than the minimum recognized protection. A public protection class is an important number used by the insurance industry to determine fire insurance premiums for both commercial and residential property. When a city achieves an improved public protection classification number. Citizens can generally expect to pay lower property insurance premiums. There are other factors, however, such as building construction, occupancy, exposure conditions, water supply, and special hazards that may also affect insurance rates. The City of Elk River currently has a public protection classification number of five. A public protection classification is one guide used to develop insurance premiums for commercial, industrial, and residential property in a given city. As a basic principal, the better a community classification, the lower the insurance premiums for occupied property. On that basis the goal of the Elk River Fire Department is to improve our public protection classification number to a class four in the future. We will be focusing on future equipment purchases and apparatus purchases and other Fire Department improvements to attain the goal of lowering our public protection classification number. • { ITEM 7.17. City of Iv ,:1 MEMORANDUM COpyRiv r TO: Planning Commission 114-' FROM: Steven B. Ach, i �O + City Planner��,✓./ 4010114.f.A4 mi$'" ,,i, DATE: February 27, 1996 SUBJECT: Ordinance Amendment Request by the City of Elk River, Public Hearing Case No. OA 96-2 Request The City of Elk River is bring forward an ordinance amendment to consider deleting the requirement that commercial and industrial development within the urban service district be required to hook up to city water and sewer in order for development. Overview IllThis issue has been presented and discussed with the Planning Commission at an earlier workshop, as well as a joint meeting with the Planning Commission and City Council and representatives of the Chamber of Commerce. The primary issue at hand is whether to continue with a fundamental growth management strategy which controls commercial and industrial development from occurring unless water and sewer is available. Representatives from the Chamber of Commerce Development Committee were also present at the joint meeting and offered suggestions to facilitate development prior to City water and sewer. Suggestions were made for both residential and commercial/industrial development. See attached for specific Chamber of Commerce Development Committee comments. If the current ordinance is left in place, the next question becomes, "What can be done with the property prior to sewer and water?" This question may need to be discussed at an upcoming meeting by the Planning Commission, depending upon the outcome of this ordinance request. The idea expressed by the Chamber of allowing "low-impact" development should be further explored, starting with defining what "low-impact" actually means. • Please refer to the attached memo for additional information. s:\planning\pc\oa96-2.doc 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 ( "ttie of MEMORANDUMM River TO: Mayor & City Council Planning Commission FROM: Steven B. Ach, City Planner_ _ DATE: February 19, 1996 SUBJECT: Growth Management Introduction With the recent adoption of the Comprehensive Plan, which included an expanded urban service area, the city needs to revisit and assess its current growth management policies and ordinance requirements to make sure these policies and ordinances will implement the adopted Comprehensive Plan. The City of Elk River's 1988 and recently adopted 1995 Comprehensive Plan endorsed a basic growth management strategy to develop from the central core outward in an orderly manner. • This approach is the typical development pattern any city or region will adopt to achieve managed growth. Simply put, as utilities, streets, and other infrastructure is extended by either a city initiated project or developer driven, development occurs accordingly. From a public policy standpoint, this development pattern utilizes strong planning principles, prudent fiscal management, and minimizes early investment in additional public services. What does the ordinance say today regardin' controlling commercial and industrial development? The current zoning ordinance states that "All commercial and industrial development within the urban service area must hook up to city water and sewer". However, prior to expanding the urban service area down East Highway 10, this requirement only affected vacant commercial and industrial (Business Park) zoned property along West Highway 10, industrial property along Proctor Avenue (north of public works facility), and some commercial property along Highway 169 (Hillside Estates, Earl Hohlen). However, now that the urban service area has been expanded down East Highway 10, several vacant commercial and industrial properties are subject to this ordinance. • 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Memo to City Council and Planning Commission Page 2 February 19, 1996 • What ordinances are in place controlling the growth of residential development? The intent of the ordinance for all property zoned residential within the urban service area is to have these areas developed as urban sized lots (10,000-14,000 square feet). What is not clearly stated in the ordinance is the minimum lot size if a property owner wanted to subdivide residential property prior to city water and sewer. As staff has stated in the past, under these conditions, the minimum lot size should be kept as large as possible (10 acres) to provide for the efficient extension of utilities at a later date. The second problem that currently exists is that the newly expanded urban service area between County Road 12/13 is zoned Rla. This zoning designation allows a minimum lot size of 2-1/2 acres. Assuming this area will ultimately be developed with city water and sewer, the zoning and/or minimum lot size will have to be increased for the reasons stated above. In no way are these proposed increases in the minimum lot size suggesting that no one can subdivide their property. This merely is an attempt to manage the subdivision of land and preserve the opportunities for either the city or landowner (developer) to extend utilities in an efficient manner. II Why not allow commercial and industrial development to occur prior to having city water and sewer available? First of all, it is important to highlight the size and geographic area of the urban service boundary. If commercial and industrial development had no boundaries, there would be no management to this growth pattern. Development could occur in a scattered/random pattern throughout the entire urban service district. Secondly, it should be made clear that commercial and industrial development can occur without city water and sewer. This has happened along east Highway 10 for years. It is also happening along Highway 101 between Rogers and Elk River as well as though the City of Ramsey. However, this type of development can be different than what may be found in a sewer and water area. If development without water and sewer was to occur, several questions would need to be asked: • How difficult will it be for the city or landowners to extend utilities at a later date given the existing business that may be in place? • Why would property owners near the edge of the urban service district have any interest in developing with city water and sewer? • s:\council\gmp.doc Memo to City Council and Planning Commission Page 3 February 19, 1996 • • What happens to commercial and industrial property values if development was to occur throughout the entire urban service district? • Are there any long term affects upon the integrity of the entire commercial and industrial base? • What is the impact to the tax base if industrial development cannot happen until city water and sewer is available? • What are the costs to the city and development community to redevelop underutilized properties when; and if, water and sewer is extended? • Will development without water and sewer compromise long range planning and transportation needs since these developments may be perceived as temporary and located outside of the urban core? • Without water and sewer, will available land be more attractive to less intense commercial and industrial uses? • Why would a property owner (developer) request water and sewer if their development could be constructed without water and sewer? • Will public safety (i.e. fire and police) be compromised by having buildings built with provisions for future sprinkling or other public safety needs when water and sewer finally "gets there"? • What happens to the existing inventory of commercial and industrial if development is allowed to continuously extend out 0 away from the core? These are just a few of many questions related to this subject. Unfortunately, the answers are difficult and certainly contain two points of view. These questions should be explored to fully understand the dynamics of this issue. How can commercial and industrial property be utilized prior to water and sewer being available? One option to consider is allow interim uses without water and sewer as a conditional use permit in either the commercial or industrial district. State Statutes allow cities to issue conditional use permits for interim uses under certain guidelines. These guidelines may include issuing a permit for a temporary use for a limited number of years upon which it would expire. Certainly, attaching a sunset date to uses could present a problem if these uses are expiring prior to the property having access to water and sewer. Although the interim use or temporary use seems like a reasonable approach, there are some pitfalls. The first question that always comes up is "what is temporary"? Temporary may have several different meanings depending • upon whom you're talking with. For example, I learned the other day that s:\council\gmp.doc Memo to City Council and Planning Commission Page 4 February 19, 1996 • School District has had temporary buildings out in front of their high school for the past 15 years. I've also heard "temporary" discussed as one or two years; so the point is, it is very difficult to define temporary and even more difficult to come up with a finite list of uses that could be considered as temporary. Therefore, from an administration standpoint, the whole concept of temporary becomes very subjective and difficult to interpret, as well as enforce. The most common method used by cities to identify allowable uses prior to city water and sewer is to allow uses commonly found in a low density residential or agricultural zoning district. These cities will have properties that are presently not served with city water and sewer, zoned as a holding district or, in Elk River's case, R1a or A-1. This method of establishing a zoning designation, along with a specific list of allowable uses, clearly identifies how property, whether it be residential, commercial or industrial, can be used prior to city water and sewer. The difficulty Elk River has is that a majority of the property is currently zoned for its ultimate use. Therefore, trying to implement the system described above may be very difficult given our current situation. The option Elk River may wish to pursue is amending the zoning ordinance to identify • certain uses such as those found in the A-1 or Rla zoning district, that can be used on properties zoned commercial and industrial that do not have city water and sewer. Can there be a compromise to allow development prior to water and sewer? Compromise on this particular issue goes beyond having a property owner or developer waive their rights to future assessments and guaranteeing hook up to utilities when available. These arrangements are well intended when executed, however, for some reason, be it time, change of property owners, or whatever, inevitably the City Council is confronted with an emotional and difficult issue. It is at this point that all previous bets are off and reality takes over. At this point, property owners and City Council are sitting across the table from one another discussing the actual costs and hardships that may result. Summary Growth management is a proven method throughout the country that cities have adopted in order to reduce public costs, managed traffic, preserve • farmland, protect against environmental problems, and simply maintain a quality of life for the community. Although growth management is viewed as s:\council\gmp.doc Memo to City Council and Planning Commission Page 5 February 19, 1996 • a sound public policy, it may also burden property owners along the way. This issue is very important to the residents of Elk River, development community, and affected property owners. Therefore, an open discussion and exchange of information is a good platform to begin formulating decisions to achieve the goals for the entire City of Elk River. s:\council\gmp.doc • s:\council\gmp.doc SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL • HELD AT THE ELK RIVER CITY HALL MONDAY, FEBRUARY 19, 1996 Members Present: Mayor Duitsman, Councilmembers Dietz, Scheel, Farber, and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator; Terry Maurer, City Engineer; Steve Ach, City Planner, Peter Beck, City Attorney; Lori Johnson, Assistant City Administrator 1. Call Meeting To Order Pursuant to due call and notice thereof, the special meeting of the Elk River City Council was called to order at 5 p.m. by Mayor Duitsman. It was the consensus of the City Council that the agenda was acceptable as presented. 2. Joint Meeting with the Planninq Commission • The following members of the Planning Commission were present: Chair Tom Dillon, Commissioners Kuester, Sullivan-Slocum, Thompson, Minton, and Anderson (Commissioner Tacheny was out of town on vacation). Also present were the following Chamber of Commerce Representatives: President Dennis Chuba, Lynn Caswell, and Charlie Houle. The City Administrator distributed an article from the August, 1988 Public Management magazine entitled Ways to Selectively Influence Growth. It was suggested that the most relevant information in this article reviews the following methods or techniques for managing growth: the extension of municipal utilities, the availability of land, and the zoning ordinance/map. It was also noted that, from the tone of this article, it appears that the City of Decatur, Georgia has had problems in the past with developers. The City Planner reviewed his memo on growth management and specifically discussed residential and commercial/industrial development in the urban district of the city prior to municipal utilities being available. The Planning Commission Chair stated that the Planning Commission had discussed this topic in a worksession. It was the consensus of the Planning Commission that, in the residential zone prior to utilities, the development guideline should be a 10 acre minimum. It was noted that the Planning Commission considered overlay plats and a 2-1/2 acre development pattern, but rejected this approach based on the belief that if this residential • development pattern took place then utilities would never be extended into that area or beyond. S . . Special City Council Meeting Page 2 February 19, 1996 • Chamber of Commerce President Dennis Chuba distributed a handout entitled Development in Areas Imprisoned by Urban Service Area Boundaries. It was noted that the Chamber suggestions do not apply strongly to residential uses, but do apply strongly to opportunities for commercial/industrial uses in the urban district prior to utilities being available. Discussion of the four Chamber suggestions related to commercial/industrial (C/I) uses took place...the City Engineer indicated that it could be possible to measure the flow of septic discharge from facilities, but that there would be a concern about potential reuses of a building...the City Attorney stated that it is very difficult for something to be legally binding whereby a property owner would sign off to pay future assessments and also noted the future political issue of allowing a rural development pattern and then municipal sewer and water (with assessments) coming into the area at a later date...the Mayor indicated that many good industrial uses need sewer and water and that the city is out of industrial land that has municipal utilities...a number of Planning Commission members supported the concept of allowing C/I development only if the city could get a commitment that sewer and water assessments will be paid in the future...Councilmember Holmgren indicated his support for maintaining a ten acre minimum in the residential areas before utilities become available and indicated his support for keeping non-urban development out of the urban district until utilities become available in order to protect the integrity of the future urban district along Highway 10...Councilmember Farber concurred in his support for the ten acre minimum in the residential zone, but indicated he would • be willing to look at non-urban uses in the C/I zone on a case-by-case bases...it was noted that the current city policy is a pro-growth, aggressive plan that reserves and protects land for future urban growth opportunities... Councilmember Dietz indicated that he could see both sides of the issue and indicated his concern about whether or not sewer and water utilities could be afforded by land owners if rural development takes place in the urban district...the Mayor concurred with Councilmember Dietz and indicated that if a great deal of rural C/I development takes place along Highway 10, then the city may never get municipal utilities into this area. Furthermore, he hopes to have a public hearing in May on the extension of municipal utilities to this corridor. The Mayor summarized the discussion by indicating that no final conclusions have been made at this time. There currently is a formal request that will go to the Planning Commission and then to the City Council regarding the city's policy for development in the urban district prior to municipal utilities being available. On a different topic, the Mayor summarized his recent conversations with Rich Duggan whereby Mr. Duggan would like to expand his Marketech business to a larger facility. The goal of Mr. Duggan is to purchase land for the construction of a facility, but Mr. Duggan is having problems locating industrially zoned land. One site discussed was south of Highway 10 in the very eastern part of the city off of a service road. This property is currently zoned highway business and has . a few different types of existing businesses. The Planning Commission indicated • • 5 41 4, • ,-(.r * "ity of / T 11i �• River MEMORANDUM TO: Mayor and City Council FROM: Steven B. Ach, City Planner,Ec-Itla.— DATE: April 15, 1996 SUBJECT: Ordinance Amendment Request by the City of Elk River, Public Hearing Case No. OA 96-2 Request This ordinance amendment is being brought forward for the Planning Commission and City Council to consider amending this section of the ordinance pertaining to requiring commercial and industrial development within the urban service district to hook up to water and sewer, as a prerequisite for development. This item was presented to the Planning 0 Commission on February 27th and March 26th; however, the Commission tabled this item until their April 23rd public hearing. Staff has recently received information from the American Planning Association and League of Minnesota Cities relating to the growth management issue at hand. In addition, staff has met with representatives from the Chamber of Commerce to discuss their concerns and try to formulate some compromising ordinance amendment. Recommendation It is recommended the City Council table this item until the May 20th City Council meeting. III s:\council\oa96-2x.doc 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 M I I4° S ii• CAMI Spring 1996 CONSULTANTS IN PLANNING,ZONING, DEVELOPMENT ECONOMICS AND LANDSCAPE ARCHITECTURE DEFINING GROWTH MANAGEMENT Growth Management is a term that we all use,but rarely N THIS ISSUE... define.Webster says that manage is "to handle, direct, or control in action or use." Growth is "development Protecting the Future 2 from a simpler to a more complex stage." Hence, growth man- On the Drawing Board 3 agement can be defined as directing or controlling urban devel- Planning for Transit opment from simpler to more complex stages. Sounds simple, Oriented Development 4 doesn't it? But whose values determine the direction? In the Staff News 5 end, perhaps growth management is best understood as direct- ing the location, timing, and nature of development desired by -11111,- a community's citizens in a manner which protects valuable natural, built, social, and financial assets. 4. • 1 ` �f t".;r Growth management is not a new idea. For example, suburban f ..,.. f k ,,L.' ; t,4', 4,i!p4. Brooklyn Park, MN developed a growth management system = ; v' Arf4 �,.+ . •iii T tic back in the late 1960's that became a model for other comma- v y� � �- ,�‘.� il nities in the region. The system divides the community into '`` t �y',, z. t �''' '4.r`'blocks about one mile square in size, Each block is assigned a ,!:- '! ' ,`,� ?t o • .tv,`r,Y target development release date.The 'trigger" for releasing each qhl,, \ - ," ' •;, .fit P" �oM � , ° block is a decline in the number of vacant residential lots to a � - � � ,,. �ye �� i , 1 two-year supply. This time lag allows the city to provide water Ili 9: ,34 ;r and sewer service and to upgrade roads. .tll)( „i 'u , t W . �l` ,� ; ' The planned construction of a new major highway has precipi- s,• `•t..-�,t'<' `' �'$.44- ! tated a reevaluation of the Brooklyn Park system and how it 4,; 1%4,A w• ' ,,'° a +i :z e1` :. should apply to the new development the highway will genet ''''.,;„..1,2,.. --- - - , ate.After reviewing several alternatives, including elimination '' Vic,p . it w�. . ' of the block release system, Camiros has recommended con- ,; it •+ tinuing the timed release of blocks of land for housing,but shift- f" iI l ti,,.`'1;, t. p 4.,' ing scheduling priorities and designating the highway corridor °;sli, . ffi e-it, 10* L t. n= .*. as a single block to be released upon highway completion."This ,i, -:" 'i `�. 4 ,- � t allows us to pretty much keep the current system which has a f, .L r" ` fit, 0 1. high level of credibility," says Deputy Community Development "� "gra.t •,,,,t` 'L. i- t Director Scott Clark. 4 c>�'rt It is within the context of growth suburbs like Brooklyn Park .,, 4` ti 4 C a.I.i.f ' 1 that growth management is most frequently mentioned. How- ever,growth management can be applied to inner cities and other >3 << 1 �' o fully developed communities. Camiros Principal Joyce Levine ```' �' , �'--- `` The Brooklyn Park, MN growth management • program has served as a model since the late Continued on Page 6 1960's. 411 S.Wells St.,Chicago, IL 60607(312)922-9211 22 E.Washington St.,Indianapolis,IN 46204(317)263-6967 217 S.Hamilton St.,Madison,WI 53703(608)255-5560 5547 Grand Ave.South,Minneapolis,MN 55419(612)827-7501 • • CAMIROS Growth Management - continued from page 1 • It forces community decision-makers to set clear priorities and understand the consequences of their decisions. • Its potential problems—inflated land values, liti- is currently working on a growth management model gation,and economic exclusion—can be overcome for use in mature cities. The model focuses on urban through careful analysis, good planning and zon- evolution and takes into account sunk costs such as ing, and an understanding of the local culture. existing infrastructure. "Every community manages • some kind of growth, even if it occurs as redevelop- • It requires effective planning tools, including re- ment," says Levine. alistic growth projections,meaningful community goals and development policies,an understanding Through its work in communities such as Brooklyn of public finance, capital-improvement programs, Park;Urbandale,IA;Schaumburg,IL;and Aurora,CO, intergovernmental coordination, and analyses of Camiros has learned some important lessons about impacts on the community's environment, fi- �_ growth managements nances and cash flow. • - 11441rf f 3 q - G 12.434/11-l- AAA 1.1�G —�►— • 13-58 THE LAW OF ZONING AND PLANNING § 13.11 policy realm of selecting projects that address proper developmental purposes. § 13.11 Urban Infill Strategies Cities can offer a variety of techniques and incentives for stimulat- ing development of infill land. This term refers to vacant or under- utilized parcels in otherwise built-up urban areas.1 These sites can result from poor access to public facilities,physical or environmental limitations, or lack of market attractiveness.2 Communities where active growth controls and impact fees are applicable to urban fringe areas offer higher market potential for infilling than those without growth guidance or with extensive preservicing.3 Infill strategies generally incorporate a package of techniques that fit the particular needs of each community. Techniques for en- couraging infilling include reducing delays in project review, en- couraging performance-based code requirements, and comprehensive review of zoning regulations.' Site-specific tech- niques include tax abatement, density bonuses, downzoning, and correcting infrastructure problems.s 110. 1 See Real Estate Research Corporation, Infill Development Strategies 1 (1982). See also Smart,Bowles,Garland,Porter,be Starr,Making Infill Projects Work 3(1985). This study of implemented infill projects utilized a general definition for infill site characteristics: limited in size to a few acres and located in an area where the surrounding development is at least 15 to 20 years old.The bulk of the property has •been vacant or grossly underutilized for at least five years,so that the cost of new improvements will far exceed the value of any existing improvements.These sites may range from abandoned inner-city property to highly valuable land in any older built- up suburb or small town."Id. 2 Id. at 1,5-10. 3 Id.at 6. 4 Id. at 12-13. 5 See id.at 14-15. • _ _ _ 0 A , i , q , .A 4 )1 , & ' It- 0 • • § 13.04 GROWTH MANAGEMENT 13-23 trolled growth to flourish during the period of the plan's formula- tion." In Stoney-Brook Development Co. n.Fremont,4S the Court applied the Beck rationale to invalidate a growth restriction.The challenged plan and zoning ordinance limited the number of permits which could be issued for new dwellings annually to 3 percent of the num- ber of dwellings in the town at the start of the year. The court concluded that the 3 percent growth rate was not the normal,unre- stricted growth rate, nor did it reflect an assessment of community development needs and careful study contemplated by either Beck or the zoning statute.46 Finding that the plan failed to address the ultimate objective of relaxing or ending growth controls, the Court directed the town to develop a comprehensive plan within two years for phasing in growth and providing public facilities.47 § 13.04 Types of Land Development Regulations Used in Growth Management [1] Adapting Controls to Guide Growth Land development regulations are widely accepted as tools for 1111 plan implementation.1 While zoning is primarily used as a tool for separating uses in developed areas, some jurisdictions permit its adaption to growth management purposes. For example, compre- hensive downzoning2 in outlying areas may prevent haphazard or premature development.In some jurisdictions,zoning classifications 44 Id.at 852[emphasis in original];accord Conway v.Stratham,414 A.2d 539(N.H. 1980)(growth-regulating amendments to local zoning and subdivision laws without a master plan could not continue beyond one year).See also Steel Hill Dev.,Inc.v.Town of Sanbornton,469 F.2d 956(1st Cir. 1972). 45 474 A.2d 561 (N.H. 1984). 46 Id. at 852. The court stated that growth rate limits must be supported with "scientific,statistical"evidence.Although a town need not hire a consultant,a solid scientific,statistical basis is the key element in land use regulation.Id. 47 Id.at 852. 1 See generally Godschalk,Brower,McBennett,Vestal,and Herr,Constitutional Issues of Growth Management 406-13(1979). In a survey regarding the present or anticipated adoption of various growth management techniques,over 90 per cent of the respondents indicated current use of conventional zoning and subdivision regula- tions.Id.at 409.See also § 64.02,infra. 2 See§ 13.04[2].See also §§ 27.02[3], [4],infra. (Release #25, 7/87) 1111 • • • • S • • 13-24 THE LAW OF ZONING AND PLANNING § 13.04 • are phased in relation to more intensive uses according to compre- hensive plan directives.3 Review of subdivisions and/or planned unit develInopmentsthe may also incorporate adequacy considerations for public and/or privately-provided facilities and services.' [2] Downzoning growth management context, downzonings in outlying areas can promote infill development and the more efficient provi- sion of services within urban use classifications.This technique often raises legal concerns regarding the relationship of the proposed change to surrounding land uses and to the locality's comprehensive plan.'An areawide effort is more likely to be upheld than parcel by parcel or small area change.? Downzoning for industrial develop- ment purposes may be permissible.' However, in some states, resi- dential downzoning may be successfully challenged on the basis of 3 See§ 13.04[3],infra. 4 See§§ 13.04[4], [5];§65.02 infra. • S See§§27.02[3),[4],supra.See generally Williamson,"Constitutional and Judicial Limitations on the Community's Power to Downzone," 12 Urb. Law. 157 (1980). ' See §22.02[4], [5].See,e.g.,Carty v. Ojai,77 Cal. App.3d 329, 143 Cal.Rptr. 506(1978)(commercial downzoning consistent with comprehensive plan);Norbeck . Village Joint Venture v. Montgomery County Council, 254 Md. 54, 254 A.2d 700 (1969) (comprehensive downzoning in residential districts consistent with compre- hensive plan); Udell v. Haas, 21 N.Y.2d 463, 235 N.E.2d 897 (1968) (invalidating downzoning not in accordance with local comprehensive plan);Culver v.Dagg,20 Or. App.647,532 P.2d 1127(1975)(plan-based comprehensive downzoning);Williamson, supra N.5,at 159, 164-65;Mandelker,"The Role of the Local Comprehensive Plan in Land Use Regulation,"74 Mich. L. Rev. 899, 920-24,937-38(1976). 7 See,e.g.,Steel Hill Dev.,Inc.v.Town of Sanbornton,469 F.2d 956(1st Cir.1972) (downzoning cluster and conventional homes sustained in light of surrounding un- developed forest lands);Taco Bell v.City of Mission,678 P.2d 133(Kan. 1984)(selec- tive downzoning of fast food restaurants was arbitrary and capricious);McGowan v. Cohalan, 41 N.Y.2d 434, 361 N.E2d 1022 (1977) (downzoning from industrial to residential conformed to surrounding uses);Williamson,supra N. 1,at 160-61. S See, e.g., Poletown Neighborhood Council v. City of Detroit, 410 Mich. 616, 630-33,304 N.W.2d 455,458-59(1981)(downzoning residential area to accommodate plan expansion);Fritts v.City of Ashland,348 S.W.2d 712,713-14(Ky.1961)(rejecting downzoning of four-acre tract in residential district to establish a garment factory); Smith v. Skagit County, 453 P.2d 832 (Wash. 1969) (increase in tax ratables and employment from industrial development held insufficient to justify rezoning a large portion of an island from residential and recreational uses). • j • r • • • § 13.04 GROWTH MANAGEMENT 13-25 its exclusionary effect on regional housing opportunities for low and moderate-income persons.' Many communities zone undeveloped areas at lower densities, and permit case-by-case rezoning at the urban fringe. The use of large-lot single family classifications as "holding zones" may be ac- cepted as a means of controlling growth in newly annexed or un- developed areas.10 This "wait-and-see" zoning may be challenged when rezonings do not relate to the purposes and criteria of the comprehensive plan.11 [3] Phasing Development Through Zoning Phased zoning combines the zoning elements of bulk, use and density control with a timing element.12 One method for implement- ing phasing criteria is the inclusion of a point system in the zoning ordinance that reflects the goals articulated in the comprehensive plan.13 For example, a locality can award points for proximity to existing infrastructure,protection of environmentally sensitive areas or open space, the private provision of infrastructure, or the provi- sion of low income housing within the development. The point sys- 9 See § 13.03[3],supra. • 10 See National Boulevard Bank v.Village of Schaumburg,76 Ill.App.3d 388,394 N.E.2d 1320,1326(1979),citing People ex rel.Trebat v.City of Park Ridge, 110 I11. App. 2d 404,249 N.E.2d 681 (1969). 31 See§ 27A.02[2][b],infra("short zoning").See also Mandelker,Land Use Law §§ 6.31 to 6.33 (1982). 12 See Golden v.Planning Bd.,30 N.Y.2d 359,334 N.Y.S.2d 138,285 N.E.2d 291, appeal dismissed, 409 U.S. 1003 (1972) (ordinance repealed, 1983). See generally Mandelker,The Zoning Dilemma 45-55(1970); 1 Rohan,Zoning and Land Use Con- trols§§4.01 to 4.06(1978 Ix Supp. 1984)('"Time Controlled Zoning");Bell,"Control- ling Residential Development on the Urban Fringe:St. Louis County,Missouri,"48 J.Urb.I...409(1970);Blank,"Time Control,Sequential Zoning:Ramapo,"25 Baylor L Rev.318(1973);Childs,"Constitutionality of Phased Growth Zoning Ordinances," 8 Urb.Law.512(1976);Freilich&Ragsdale,'Timing and Sequential Controls—The Essential Basis for Effective Regional Planning: An Analysis of New Directions for Land Use Control in the Minneapolis-St.Paul Metropolitan Region,"58 Minn.L Rev. 1009(1974);Geier,"Agricultural Districts and Zoning:A State-Local Approach to a National Problem,"8 Ecology LQ.655(1980);O'Keefe,'Time Controls on Land Use: Prophylactic Law for Planners,"57 Cornell L Rev. 827 (1972); Note, "Controlled Growth Zoning:Confronting the Inevitable",66 Kansas L.J.99(1977);Note,"Phased Zoning:Regulation of the Tempo and Sequence of Land Development,"26 Stan. L Rev.585(1976);Note,"Tempo and Sequential Controls:The Validity of Attempts to Combat Urban Sprawl Through Local Land Use Regulations,"11 Williamette L.J.217 (1975). 13 See Golden v. Planning Bd.,285 N.E.2d at 294-96. (Release #25, 7/87) • P • • • 13-26 THE LAW OF ZONING AND PLANNING § 13.04 • tern may be weighted to encourage one or more of the above factors. Accrual of a specified number of points would then be required to approve rezoning and/or development approval. [4] Subdivision Controls Subdivision controls ensure that on-site improvement"and link- age to off-site facilities and services's are adequate to meet growth demands created by approved buildout. By linking density of sub- divisions to zoning16 and to the provision of facilities and services, local government can assure that infrastructure is either provided at demand levels or that excess capacity of existing facilities is utilized. Approvals for higher density development may be conditioned on the provision of adequate facilities and services to the subdivision. The requirement of developer-provided facilities can be linked to density provisions in the zoning ordinance or comprehensive plan.l7 For example, attainment of higher densities within the allowable range can be made dependent upon the developer demonstrating that facilities and services are available to the subdivision, and are within the permissible density limits of the zoning code. By linking subdivision approvals to the capital facilities .ro• am, develo.ment can be timed to coincide with the •rovision of ade.uate facilities. S The Capital Improvem • ents Program (CI?) can provide guidance as to ow muc ca.aci must be available for ade.uatel servicin• future development - • [5] Planned Unit Developments Planned unit development'8(PUD)is a planning and zoning tech- 14 See §§ 62.01[3],62.04,65.01[1], 65.02[3][a],infra. 15 See §§ 65.02[3][b), [c],infra. 16 See §§ 64.02.,65.02[1][a],infra. 27 See §§ 65.02[1][al. [b),infra. 18 See §§ 63.01 to.04,infra. • See,e.g., Colorado:Dillon v.City of Boulder, 183 Colo. 117,515 P.2d 627(1973);Moore v. City of Boulder,29 Colo. App.248, 251, 484 P.2d 134, 135 (1971). Illinois:Haws v. Village of Hinsdale,68 III. App.3d 226,386 N.E.2d 122(1979); Continental Homes of Chicago,Inc.v.County of Lake,37111.App.3d 727,346 N.E.2d 226, 227 (1976); Cable v. Village of Hinsdale, 87 Ill. App. 2d 123 230 N.E2d 706 • ' . ' • (1967). � 1 1 • 0 ti S • ' f I • 13-32 THE LAW OF ZONING AND PLANNING § • 13.05 corresponding Tegulations to local fiscal capacity to support develop- ment. [d] Development Timing Ordinances A development timing ordinance3• of growth byaddresses the adverse effects 1 ea rapid phasing urban services to coincide with .lanne _ ment in urbanizin_ areas, d sive Ia In coordination with corn.rehen- P nnin: ob•ectives and land fers communities ..tential use re: ations this a..roach o,_ __. municipal services COSI efficiencies in the .rovision of I _ eater control over the character of develo. ment; and maintenance of hi h i The cornerstone for judicial rem services. ment timing and sequencing °{COm'rehensive develo.- pe. s .ecision controls is the New York Cort of A. in Golden v. Plannin: Board,35 ordinance prohibited subdivision Rama..' vices availa.le at s zoning Permitting unless munici.al ser- 18-year wereapital 1 established service levels accordin: to Pan. The court sustained the program an to_: owth .ressures that was P gram as a res..nse owers.36 Within the sco. of dele:ated zoning Prior to adopting its growth m po authorized an intensive studymanagement program in 1969,Rama_ • transportation,industry of existing land use,public facilities, transportation, populationsrtatitrends.37 and commerce, housing needs,and p-niect- Based on criteria developed in these the town adopted a master Plan and zoning `u" poses including elimination of premature amendments wits wur- ture subdivision and urban 34 See generally Brower et al., • owth Connt Timtemp.103(1976);Fagin,-Regulating the rTimi gofUrbanManagement Development,- nt,- 0 L& p.Probs.298(1955);Freilich dr Davisg-Saving Urban anvelo M°dern Techniques of CrowthPment,"20 L$ Modern Management to Preerve Rural The Utilization of 13 Urb. Law. 27 (1981); Freilich dr Ragsdale, • Rmal and Agricultural Controls—The Essential Basis for Effective Regional Timing and ofNew Directions for Land Use Control in the Minndive Sional Pla Sequential L Rev. (1979; polis-St.Paul etropoliitana'Re of Minn.M nn,BayloL Rev.1009(1973) Blank, 'Time Control, Sequential Zoning: Region,"585 Attempts to Combat ) Note, "Tempo and Sequential The Ramapo,~25 Attempts L , Urban Sprawl Through Local Controls: Validity of J 217 (1975); Note, -Time Land Use:Usyl Planners,"57 Cornell L Rey Controls on Land Prophylactic11 Wil- lamettess 285 N.E.2d 291 2427(1972). Law for 36 Id. at 300- A.D.AD99,app, dismissed, 409 U.S. 1003 301. (1972). 37 Id.at 293-94. • • I • • • § 13.05 GROWTH MANAGEMENT 13-33 sprawl" and assuring provision of adequate municipal facilities and services for such developments.39 Under Ramapo's adopted plan and regulatory structure, persons desiring to develop land for residential purposes were required to obtain special permits.Standards for permit issuance were framed in terms of the availability to the proposed subdivision plat of five essential facilities or services: (1)public sanitary sewers or approved substitutes;(2)drainage facilities;(3)improved public parks or recre- ation facilities, including public schools; (4) state, county, or town roads, major, secondary or collective; and (5) firehouses. No special permit was to be issued unless the proposed residential development had accumulated 15 development points. The points were to be computed on a sliding scale of values assigned to the specified im- provements,and credited when the specific improvement was com- pleted or when it was scheduled for completion within one year from the date of the application for the permit.Where services would not be available for a period of time under the plan,a developer had two options: (1) postpone development until the area was scheduled to receive service extension; or (2) provide the missing facilities and services at the property owner's expense.4° • [3] Types of Facilities [a] Water and Sewer Services • Adequacy of water and sewer services may be specified as a con- sideration in local development review. Inadequate water supply41 may be a basis for denying development permission. Present 3$ Id. at 302. "Its [the ordinance's] obvious purpose is to prevent premature subdivision absent essential municipal facilities and to ensure continuous develop- ment commensurate with the Town's obligation to provide such facilities." Id. 39 Id. at 295-96. 4o Id. at 304. Whether the actual essential services were furnished or not, the developer was credited the points for the service when the period specified in the capital program for its completion had passed.Additionally,applicants were author- ized to apply for a reduction of the assessed valuation of properties pending the period of"temporary"inability to utilize the land. Id. 41 See,e.g.,Chase Manhattan'Mortgage&Realty Co.v.Wacha,402 So.2d 61(Fla. Dist. Ct. App. 1981)(availability of potable water); Chase Manhattan Mortgage and Realty Co.v.Wacha,402 So.2d 61,63(Fla.Dist.Ct.App.1981)(availability of potable water);Ungar v.State,492 A.2d 1336,1341(Md.Ct.Spec.App. 1985)(water supply). (Release #25, 7/87) • i • • 13-34 THE LAW OF ZONING AND PLANNING § 13.05 inadequacy may be invoked as as a basis for interim controls.42 Ade- quate sewage capacity may also be invoked to mandate" or deny44 development approval. [b] Educational Facilities Some jurisdictions condition residential development approval upon showing or finding that adequate educational facilities are present's For example,an educational facilities ordinance required an applicant to obtain a special exception to overcome a County Council finding that adequate educational facilities were not in place.46 In Maryland-National Planning Commission v. Rosenberg,17 plaintiff was denied subdivision approval because of inadequate school facilities. Pursuant to the Prince George's County adequate public facilities ordinance,the Planning Commission found that insufficient public facilities and services existed or were pro- grammed prior to plat approval. The Court of Appeals rejected the administrative findings on school service areas and projected over- capacity and reinstated approval on the ground that other area schools were under capacity by more students than projected stu- i • 42 See,e.g., Wincamp Partnership v. Anne Arundel County, 458 F. Supp. 1009 (Md.1978)(county sewer moratorium based on inadequate capacity);Lombardi Build- ers v. Stein,358 N.Y.S.2d 193 (1974)(inadequate sewage treatment). 43 See,e.g.,Continental Homes v. County of Lake, 37 111. App.727,346 N.E.2d 226,231-32(finding adequate evidence to rebut locality's findings of undue burdens on services); Prince Ceorge's County v. Carusillo, 447 A.2d 90 (Md. Ct. Spec. App. 1982)(county could not deny sewage treatment to property meeting adequacy cri- teria). 44 See,e g.,Larson v.County of Washington,387 N.W.2d 902,904.906(Minn.App. 1986)(sustaining county's discretion to limit commercial uses in areas lacking public sewerage);Golden v. Planning Bd.,334 N.Y.S.2d at 147-48,30 N Y.2d at 472-73,285 N.E2d at 298.99. 45 Appeal of Community College, 435 Pa. 264, 254 A.2d 641 (1969) (potential sewerage problem could not be utilized to deny needed progress and expansion in the field of education). 46 See Malmar Assocs.v.Prince George's County,272 A.2d 6(Md.1971).The court found that the challenging applicant did not meet the burden of proving the request- ed increase was consistent with the availability of adequate facilities and services, reasoning that even a small number of additional students (9) in an overcrowded school situation could be sufficient to support the Council's conclusion that there would be an adverse effect upon the school facilities. 47 307 A.2d 704 (Md. 1973). 4110 • • ¢ 13.05 GROWTH MANAGEMENT 13-35 dents from the proposed development would exceed capacity in the nearest school. In Builders Association v. Superior Court,48 the California Su- preme Court upheld the adoption of a zoning ordinance limiting residential development in overcrowded school districts. This local initiative restricted for a period of two years from its effective date zoning,prezoning,or rezoning of any land for residential use if such land were located in an overcrowded school district as defined in the ordinance. During this two-year moratorium, the municipality was required to undertake a thorough study of the problems connected with further residential developments. The ordinance offered an exception to the zoning freeze if the school certified that the party seeking residential use has entered into binding agreements to pro- vide a satisfactory temporary alternative to permanent school con- struction. The California Supreme Court sustained the initiative against challenges that it unduly limited municipal zoning powers" or that the exception did not unlawfully delegate authority over zoning to the school district.so [c] Transportation Localities often establish adequacy standards for subdivision roads,s' and for adequate access to arterial roads.S2 Street access for subdivisions may be linked to available public services such as effec- tive police and fire protection.S3 Communities may also consider the 48 13 Cal. 3d 225,529 P.2d 582, 118 Cal. Rptr. 158(1974). 49 "We see no difference in principle between an initiative which bars the city council from repealing newly enacted zoning restrictions, and one which freezes existing restrictions; either, to be effective, must limit the power of a hostile city council to evade or repeal the initiative ordinance."529 P.2d at 586. 5° Id. at 586. 51 See § 65.0113][a). 52 See § 65.01[31[b], (c). 53 See,e.g.,City Nat'l Bank v.City of Coral Springs,475 So. 2d 984,985-86(Hla. Dist Ct.App. 1985)(sustaining a"Right Turn Out Only requirement on approval of a convenience store based on municipal ordinance standards requiring subdividers to demonstrate safe and adequate access);Olson v.Ada County,665 P.2d 717,721(Idaho 1983);International Village,Inc.v.Board of County Comm'rs,224 Kan.654,585 P.2d 999(1978). (Release #25, 7/87) • 13-36 THE LAW OF ZONING AND PLANNING § 13.06 • capacity of main roads to accommodate anticipated growths+ § 13.06 Planning Public Infrastructure [11 Capital Improvements Planning and Programming The capital improvements allocation process can provide a coor- dinating function for infrastructure provision.' Capital im- provements programming (CIP) is the multi-year scheduling of public physical improvements.= Preparation of a CIP includes iden- tification of proposed capital items, estimation of costs, determina- tion of financing methods, and scheduling acquisition or 54 see, e.g., City of Hollywood v. Hollywood, Inc.,432 So. 2d 1332, at 1335-36 (sustaining findings of inadequate traffic capacity of coastal roads);Tartan Dev.Corp. v.Montgomery County Planning Bd.,Law Nos.63708,63718(Md.Cir.Ct.Montgom- ery County,Nov.29,1983)(sustaining finding by Planning Board's transportation staff that projected impacts from approving 203-lot subdivision plan would create unac- ceptable levels of service at"critical intersections'. I See, e.g.,District Land Corp. v. Washington Suburban Sanitary Comm'n, 292 A.2d 695, 699-702 (Md. 1972) (water and sewerage requirements linked to capital facilities program); Golden v. Planning Bd., 30 N.Y.2d 359, 334 N Y S 2d 138, 285 N.E.2d 291,294-95,appeal dismissed,409 U.S. 1003(1972).Ramapo's capital budget• (/ provided for development improvements pursuant to the master plan for the next six years;its capital program provided for the location and sequence of additional capital improvements for the 12 years following the life of the capital budget.Id.See general- l" ly J.Matzer,ed.,Capital Financing Strategies for Local Government(1983);J.Nicho- las,ed.,The Changing Structure of Infrastructure Finance(1985).Cetzels&Thurow, Local Capital Improvements and Development Management: Analysis and Case Studies 2-3(1980);Deutch,"Capital Improvements as Land Use Control Devices,"9 Envtl.L 61 (1978);Stone,"The Prevention of Urban Sprawl Through Utility Exten- sion Control," 14 Urb. Law. 357,373-77(1982). 2 A capital improvement typically includes new or expanded physical facilities that are relatively large, expensive and permanent. 3 See,e.g., District Land Corp. v. Washington Suburban Sanitary Comm'n.,292 A.2d 695, 699 (Md. 1972) future construction of water and sewer lines bound by current Cl?).See generally So,"Planning and Urban Development,"in Urban Public Works Administration 110 (Korbitz ed. 19761. See gen.-;lly Deutch, "Capital Im- provement Controls as Land Use Control Del::.2s,"9 _ .,mental Law 61 (1978); Getzels &Thurow, supra at 7-12; So, "Finance and Local Government Planning 115 (So et al. eds. 19:: . ooertts, "n Funding Capitalof Facilities:How Community Planning Can Help,"in Tnc;;nangingStructure ofInfras- tructure Finance 1,11 (Nicholas,ed.,1986).[A capital improvements program)"is an annually compiled schedule of public construction activity covering the next five or six years,stating what public improvements will be built,where they will be built,and when,along with the costs,sources of funding,and other pertinent information."Id. • 411 § 13.06 GROWTH MANAGEMENT 13-37 construction.' Many cities utilize capital improvements program- ming for the financing and timing of infrastructure. Fewer cities systematically consider the land use and developmental impacts of decisions concerning facilities such as roads,sewage treatment facili- ties and sewer extensions.s [2] Capital Improvements Provision and Growth Management Capital improvements programming (CIP) decisions can be refe- renced to the comprehensive plan to assess potential sprawl-induc- ing impacts of facility decisions.'Local land development regulations may also be linked to capital improvements planning and program- ming! In this context,utility extension policies can ensure that ade- quate public facilities are currently available or planned to serve proposed development. However,the"holding out"doctrine would generally require a utility-based reason for extending, withholding, or mandating connection to water and sewer services.' A locality's capital improvements program embodies concerns that are a basis for utility extension policies. For example, a growth management program included a capital budget providing for the development of certain sewerage and drainage improvements • within six years, and a capital program which provided for the loca- tion and sequence of additional capital improvements for the 12 years following the life of the capital budget.9 The Maryland decision in District Land Corp. v. Washington Suburban Sanitary Commis- sion10 held that future construction of water and sewer lines would be bound by the current CIP.11 However, existing commitments to water and sewer service based on a prior Five-Year Sewerage Pro- 4 Localities generally follow a five-year programming process,with annual updat- ing for construction in progress.The annual capital improvements budget is separated from the capital outlay budget for the next fiscal year. The capital improvements program refers to the schedule for the succeeding four-year period,and is generally not considered binding for particular improvements in the specified year.So,supra N. 3, at 130. 5 Cetzels be Thurow,supra N. 1 at 2-3. 6 See generally Roberts,supra, 15-18. 7 See § 12.11(4),re: consistency of public works projects. See § 13.07[3],infra. 9 Golden v. Planning Bd. 285 N.E.2d at 294-95. 10 292 A.2d 695,699 (Md. 1972). 11 Id. at 702. (Release #25, 7/87) • • i ej A • • iiiy t,, , , ,,,,J, ,1 e.,,,..-he WTritingA D efensible B, berte E. Stone e surddRobert H. otonn • Growth Ordinance .. . ... ,, . • .. . .. n noting the trend, the editors of the planning:The rate,location,type,density, • The West,'and Califor- -. Los Angeles Times'wrote recently:"The amount and quality of development.Unlike ilia in particular, has quality of life in California is crumbling traditional subdivision and zoning which always been and until in ways that every citizen can see—traffic are two-dimensional(controlling the use of very recently still was per- gridlock on deteriorating highways,inade- land and the density of permissible devel- , ceived by manyasthe place quate growth management, an education opment), growth management adds and system at capacity and potential chronic emphasizes a third dimension—timing.' of sunshine and oranges— water shortages,to name a few."' Continued unlimited bountiful resour- Efforts by local governments to deal with 1.A quote usually attributed toHorace Greeley.Actu- Y`/► " these and other owth lana ement" ally,the author is John Babsone Lane Soule from an �eS. 171011�1est,Youngman g article in the Terre Haute,Indiana Express,1851. problems have not always been well re and make your fortunes 2.Los Angeles Times editorial.March 6,1989.Also, :California is now the most - ceived.Growth management is frequently - - USA Todayreported nationally that"our environment is equated with population caps, exclusion- headed for chaos if we don't take immediate steps to populous state in the na- ary zoning; NIMBYs3 and other (selfish) halt the slide",but noted that California is ranked high- tion,and,if it were a nation; interests.Consequently,the term''growth est in the nation for taking steps to protect the environ- ment(Enrique Corredera,USA Today,March 1,1939.) California would have the management" has gotten a bad name, 3."Not In My Backyard? • sixth largesteconomy in the ,. undeservedly, because growth manage- 4.According to the California Association of Realtors, ment simply means planning for the future, 214 land use planning measures have been considered world.Southern California's A profusion of local growth control initis=— by the voters since 1971, with 66 considered "pro- • •__ population of 13 million is . growth",134 as'growth control",and 14 city council al- tives are seen by elected officials as a repu- ternatives to voter initiative growth measures.During surpassed by only three diation of their good faith efforts to govern, the last two years,58 growth control and 43 pro growth - states ._.California, ,t11ew • by city planners as an insult t0 their profes- initiatives or referenda have been introduced along York and Texas.Along with sional skills,by developers as creating un- with eleven city council measures,representing over Certainty and lost profitsand baffordable- Assembly of the total considered since 1971.(California -the-benefits -of this eco- , y e Assembly Local Government Committee Hearing on 'nomie boom has come criti- housing advocates as increasing housing Growth and Development Issues Facing Local Govern- --costs! Conventional wisdom nowa ays lents,October 20,1985-Cortese.)Editor's note:For a mal'problems. : �:_._;"s•:: seems to bethatlocallanduse regulationis differing view of these numbers,see the Initiative the cause of all our urban problems and,if and California's Slow-Growth Movement",page 18. response to this perception,since 1980,each growth were left unregulated,the develop- 5.In year the Legislature has been faced with an increas --- ers and market forces would take care of ingly dense flurry of legislation designedlo limit local everything.' But, as one court observed: governments'power to manage its growth,some of "unfortunately,the experience ofmanycom which, notwithstanding excellent lobbying by the munities in this state has been that when League of California Cities,is actually enacted into law. That which is.invariably results in limiting cities'dis- planning is up to developers, the result is cretion to plan for the future,and expensive litigation urban sprawl."'Among other things,growth which can deter elected officials from taking measures management provides cities with a corn- necessary to deal with critical problems so that out prehensive tool to prevent urban sprawl. cities will be liveable in the next century.See.e.g.,All 4099(Hauser)which amends Evidence Code 6669.5 to Fundamentally, all growth management apply to certain downzonings. Originally adopted in systems involve the control of one or more 1980,along with a series of housing statutes,Evidence of the familiar components of land use Code§669.5 establishes a rebuttable presumption that certain rseaffect hopportuni- KatherineE.Stone is the managing partner ties in thore regiondinances andadshveifts (hlye burdenousing of proof to cities of the Los Angeles office and Robert H.Freil- and counties to justify such ordinances. iclr is the senior partner of Freilich, Stone, 6.Dateline Builders,Inc.v.City of Santa Rosa(1983) Leitner&Carlisle,a national firrn specializ- 146 Cal.App.3d 520,529-530. illi° ing in local government land use and 7.See Golden v.Planning Board and Town ofRamapn (1972)30 N.Y.2d 359,334 N.Y.S.2d 138.258 N.E.2d 291, environmental law. The firm designs and appeal dismissed,409 U.S.1003(establishing the legal defends growth management systems. validity of timing and sequencing of development). LEAGUE OF CALIFORNIA CITI IS i_ • Writing A Defensible Growth 0/dinaurr (Continued) Twelve Major Objectives Of Growth Management 1. Preserve the character of the community and promote commu- nity• identity. 2.Conserve agricultural land and Managing growth does not mean stopping the period of its incubation,parties seeking preserve open space. change or closing the doors to new res!- to evade the operation thereof should be dents.Properly designed and implemented• permined to enter upon a course of con- 3.Encourage full utilization of ex- struction which might progress so far as to !sting facilities. a comprehensive growth management system provides a framework that enables defeat in whole or in part the ultimate execu- den of the ple4. Control development of new local governments to balance and t More recently inAssociated Homebuilders areas to ensure coordination with modate diverse and competing interests while ensuring the quality of lifer expected v. City of Livermore", the California Su- existing and proposed facilities. tr b2�y the citizens of this state.9 preme Court refused to invalidate a 5.Maintain or improve the level of �'I7tis paper suggests an approach for moratorium enacted by initiative that pro- community services. managing municipal growth that is most hibited all development until the city's schools and infrastructure achieved spe- 6.Improve housing opportunities, likely to survive judicial reguscrlation tis cific standards. 'The court warned, how- increase diversity, and promote 11 land use regulation is in some ever, that individual communities cannot better housing developments. sense growth management has isolate themselves from the concerns of its 7.Avoid environmental problems. long been recognized as a proper region and laid out a test for determining exercise of the police power by the highest whether such measures are in fact a proper 8. Prevent sprawl. courts of this state and nation.in 1926,the ...••exercise of the police power.13'Ihe regional 9. Promote aesthetics and pre- United States Supreme Court, upholding welfare must be considered. serve historic or cultural features. the zoning ordinances of the City of Euclid, o date, appellate courts have uphe a 10.Reduce traffic congestion and Ohio stated: wide variety of growth management meas rtil recent years,urban life was compara- tively meas- ures, such as timing and phasing", improve the road system. ely simple;but with the great increase and downzoning'6, performance standards", 11. Promote public safety. ncentration of population,problems have residential building caps",adequate pub veloped, and constantly are developing, 18 12. Provide for flexibility to meet ich require,and will continue to require, lie facilities ordinances and coastal zone future needs. ditional restrictions in respect to the use ; management 19 • d occupation of private lands in urban A few trial courts have invalidated local mmunities.'° growth control initiatives as being in con- power 22 Exclusionary zoning has been About the same time,California's highest sistent with the city's general plan20 or struck down in many states,including Cali- court held that the City of Los Angeles preempted by state law21 or as having an f o ke all land use regulations,local growth could prohibit construction while it devel- insufficient relationship to the police oped a citywide comprehensive zoning or- • . management legislation must bear a rea- inancefor the entire ciq'.The COtirtreCog it.Miller v.Board ojPublicWorks(1925)195Ca1.477, sonable relationship to a legitimate public purpose. The highly publicized United nized: 4% States Supreme Court case Nollan v. Cali-is a matter of common knowledge that a 12.(1976)18 CaL3d 582. - fortis Coastal Commission'-, nginter- zoning plan of the extent contemplated in 13.The court articulated this three-step test 1)fore the instant case cannot be made in a day. cast the probable effect and duration of the restriction; preted by some lower courts (wrongly,in 2)identify the competing interests affected by the re- the opinion of these authors)as requiring a Therefore,we may take judicial notice of the striction;and 3)determine whether the restriction,in more direct relationship than actually re fact that it will take much time to work out light of the probable impact,represents a reasonable quired by California courts?' the details of such a plan and that obviously accommodation of the competing interests it would be destructive of the plan if,during 14. Golden v. Planning Board of Town of Ramapo rowth management legislation (1972)3 N.Y.2d 359.See also Dateline Builders,Inc.v. must not result in the taking of 8.See generally D.allies&R.Freilich,Land Use at City of Santa Rosa(1983)146 Cal.App.3d 520. private property without payment 795-900(1986). 15.Village of Belle Terre v.Boraas(1974)416 U.S.1.E of compensation.In First English Evangel!- 9.The Las Angeles Times editorial also noted that 16.AssociatedHomebuildersv.City ofLivermore,(]976) cal Church of Glendale v. y of LOS "(t)urning that trend around will take money and firm 18 Ca1.3d 582. direction from Sacramento."Since 1970,state law has 17.Construction IndustryAssociation ofSonoma County' Angeles26,the United States Supreme Court required the Governor to prepare a comprehensive v.City of Petaluma(1975)522 F.2d 897. held that where an ordinance deprives a State Environmental Goal and Policy Report(Govern 18.Associated Homebuildersv.CityofLivermore(1976). _ landowner of"all use"of his/her property meet Code§§65041.65049)presenting an overview of 18 Cal.3d 582. without justification, the Constitution re- state growth and development, environmental goals 19.CEEED v. California Coastal Zone Conservation quires that compensation be paid from the and objectives,new and revised state policies to imply Commission (1971)43 Cal.App.3d 306. ment the goals,as well as intermediate-range plans and 20.Lesher Communications v. City of Walnut Creek 23.Southern Burlington City,Iv'AAC.P,v.Mt.Lau- actionsdirectedtonaturalresources,human resources, (First Appellate District,Division 5,Civil No.A037865 Lau- and transportation.The report must be revised and (August 2, 1988). In Lecher,the Court of Appeal re- rel Township(1975)336A.2d 713•appeal dismissed,423 transmitted to the Legislature(after prior review)every moved oral argument from the calendar and asked for U.S.808;Suffolk Housing Services v.Town of Brookhaven four years. Government Code §65048.However,the further briefing as to whether the case was moot after (1987)70 N.Y.2d 122.511 N.E.2d 67.517 N.Y.S.2d 924; Ret 1627,18 last report was submitted in 1978.See"Background the city amended its general • LEditmen.2d 830.b.Mulkey(1967)387 U.S.369.87 S.0 Paper onGrowth and Development Issues Facing Local 21.Life v. Lodi(Third Appe(late District,Civil No. 24.(]98 ) U.S. 107 S.Ct. Governments" for October 20, 1988, Cal.Assembly 30000443.) 25.(19SSee Associated , 7 S.CL 3141.East bay v Local Government Committee Hearing at p.23. 22.Marblehead v.City of San Clemente,Orange County CityWalnut Creek omeh1971)4i Cas of 633. 10.Village of Euclid.Ohio v.Ambler Realty Company Superior Court No.577043 and Building Industry Asso- of 0 272elation v.SanJuan Capistrano. 26.(1987)482 U.S.304,107 S.Cl_.2378. 10 (l9_6) U.S.365.38G387. p LEAGUE OF CALIFORNIA CITIES • 1"1 -`•. Jc a 4 4 J' Rte. f.. T ••Y s. T r'"` -t$+.'iii x`.'- -:.. ,::`..;;..-±',7 -.rL t .L!yZi-. - .v.*r{A:w a ,.a 1 -• . � ,. 3�.?•—" .1 'r _ F .. - :t':�. % y• e 1. u.70....LTA,„w 4 ' •i a.•s--7-1„'.1.4.r.'. . - :,iY • -tiff! 17:.:„.Z....':........; at ,-. • .-� •• 4er. j ,••1 :x I•.i,,‘ � ,. '..":;.*::,...,:•,-I.,:.,-.-., c.%;,•:'•::-',,,•••`:.;,•,,,,„ .-....'''"4'...7.-.....1.0 Eighteen Growth ` , •} �; •> _ �, + ' .:. •, : r ' : Management Methods — • '� , :--4•"....-41%.... ..,...e Management • 4, 1. Public acquisitions. • -. v. E- >, • -` 4:::;',:z!---(,17 . ; ".. 2. Public improvements. . r, 3. Environmental controls. 4. Development rights transfer. - •_/;;;;;;-,.....,4... ur• _: 5. Restrictive covenants andOnase e�ni Ol.x:!.,..-- other agreements running with ' :a . . 'r r+s + the land• _ ,�N C. ' •- •.? :— 6. Zoning techniques. flje_ ys:jij._ é1li ' e . ...,.• _ ow_T , • regulations. -. _. r} _ ell o• x ,. 8. Zoning or subdivision controls • relating to adequacy of off-site -i";,.,•":..r.:-.44•14.•r :';',.-,-;•:-.141.7-" ~ - facilities. j • '' �T' 9. Exactions and other require- ---,---Keeping town-to earth is adJustmen 1ofseep� ►our ostsJov n ments. l primo when you're a:.. ... -- - �fannmg -.�4t Kitchell:we expect The drlac ;-� 10.Tax and fee systems. /levo faal hf forthe Priblrc sector taut •pected•iNe*die than Ne2.1.1 Y 71.Annexation including timed tow tan you foresee costs 7ealisa.• date possible Setbacks,and les ; , and conditional boundary adjust- - °-" •- -t ' - . :.r � meets and servicing. tally?flow.can you earmark funds to•them before they result m raspy w �Ppmpnatehrt _ delays.We are the problem selves:'-1-1,...:0, • 12. Official mapping(roads, streets, parks, and drainage sys- Kitchell CEM can lake the guess- -when it comes to-managing costs, Lie:4, . tems), workoutofyourbudgetAsaleaderm,. construction and,decision .Ne'll,.„= 13.The capital programming public facilities project mana � �,, pmje gement,; eTieve you cif the everyday 3asts Ofi . -f: process. -.. we have the knowledge•and 14.The General Plan and its ele• - inject managemeralA'!�u 3 meets. ence to adapt your pian#ocurrent invoiv in the decision _ _ making gyro- r 15. Geographical restraints. c andmrsiderations.�lsthepro` ' Less,immstarttofinisb z 16. Numerical restraints orlectproceeds.wevialprovidethepro- Sobeforeyoustretch yourbudget,.`'. _ - quota systems. #eSsionalStD done And getthejob right let ns stretch nurimagrrtadorl iUtchell - 17.Annexation and develop. .-belpyoumake effectivedeusionsand CEM Our experienceshows. •"� ; ment agreements. •-- 18. Other planning and manage- •ment techniques (interim devei- r opment controls, environmental x� ;7 impact assessment, cost/bene- _..-. -fit analysis, information, educa- tion, monitoring, and technical _ assistance). Continued z o Kitchell CEM : : _ .. . ,leaplt&E pendiamelillanagers • • a707E.Highland,Suite 28D-l'lroenix,i285015.4602)266197D Fr 04: 01JStreet.Sude630•Saaamenta CA95814.491614423779 , y,,,,.',......J, 1040WSanta Ananlud.Suite206•Santa Ana.CA92703=:{ir14)8367408 `t. - \VI:,.•ri.i'•. 0 n. M:•, l9 <i I•ilr:. -or t�:•+r..a�'�.,+J.9. •:w• ..:...w :.)' . '::a.: s.t r�:�•io: . ..1•%_;e; - . Writing A Defensible Gru,u lh Ordinance (Continued) • �O 99<0 -i;-.' a.mss:. `OPP time the property was taken, even if the oy ' .;,. -- . -.., ordinance is later rescinded or invalidated .., .4.-- (a temporary taking). The court did not 7;r4: ':= address what constitutes a taking this is still far from clear. First English is often = - _ x-w =?`- cited for the principle that delays in permit- _ Y' i4 'DENTE' CITY i l.S:'T ting development are unconstitutional.But, . UREA IZED ft-r.;t.:' the courts still seem to recognize that ' "'- - - '' r .1i. c chi.. "planning cannot be done in a day."t7 yT -' of -. ' • URBANIZING }.. ~ - The Supreme Court has variously used 'f-- 77i: _ - ,;:,:.:,. the terms deprivation of substantially all � `- "reasonable or beneficial"" or"economi- �' ,tet,. :FUTURE URBANIZING:_ cally viable"29 use to characterize a taking. =.. .-4 1-:'" This does not mean the highest and best use or the use allowed by the current zon- GREEN MIT ing because mere diminution in value is Figure 1 not a taking.3° Also, land use regulations may not be development ordinance or moratorium City-county agreements should provide for arbitrary or capricious31, or unfairly dis- while the growth management legislation coordinated growth management within criminate between properties", or inter- is being prepared and adopted 36 General the city's sphere of influence. fere with a matter of statewide concern33 plan consistency requirement must be Local governments also may adopt spe- Statutory notice and hearing proce ures analyzed and the appropriate amendments cific plans that describe the distribution, must be followed and findings must be to the general plan made if necessary. location and extent of land uses and public made regarding housing needs and the '' facilities needed to support the land uses; regional welfare3' The requirements of I deally,growth management would be- standards for development and for con- the California Environmental Quality Act35 gin with a comprehensive, up-to-date serving and utilizing natural resources,and 0 must be considered, and, if there is no general plan that fully analyzes the city'ss7 a program of implementation measures. applicable exemption, a negative declara- development constraints and opportunities, Specific plans allow a city to do more de- tion oran environmentalimpactreportmust identifies sensitive lands and resources to tailed planning for an area that might not be be prepared,circulated and certified prior be protected,contains accurate population applicable to the whole city;they also serve to adopting a growth management scheme. and land use projections, and generally as refinements to the general plan. It may be necessary to adopt an interim designates the location and density of de- The specific plan legislation allows local velopment at reasonable intervals,at ulti- governments to fund the specific plan and 27.Agins v.City of Tiburon(1980)447 U.S.255,263 n. mate plan build-out.The plan should in- then obtain reimbursement for the plan- 9(no taking results from"fluctuations in value during dude the area covered by the city's sphere the process of governmental decision-making,absentHing and related environmental review ex- unreasonable delays");Zilber v.Town ofMoraga(N.D. of influence.The plan could then establish penses from developers that seek develop• CaL 1988) 692 F.Supp. 1195 (a one-and-a-half-year a reasonable rate of growth tied to the avail- ment approval in the specific plan area 3B moratorium enacted to develop a comprehensive open ability of infrastructure and the provision of The rationale for the"specific plan fees"is space plan was a normal delay);and Guinnane v.City public facilities and services at defined that developers benefit from the certainty and Count of San Francisco(1987)197 CaLApp.3d 862 service level standards. These standards (temporary delays in processing a building permit aPprovided by a detailed plan and from the plication in order to obtain environmental impact infor- should be applicable to both existing and area-wide EIR,which allows each individ- mation related to a study by the city regarding open new development with identified funding ual developer to then do only a site-specific space did not constitute a temporary taking). sources such as developer impact fees.The '(focused) EIR 28.Williamson County Regional Planning Commn•n v. standards should be responsive to natural Hamilton Bank of Johnson County(1985)473 U.S.172; and environmental resources such as air, o avoid leap-frog development and Penn Central Transportation v.City of New York(1978) 438 U.S.104, water, rare and endangered species and urban sprawl, .ro.- should not 29. KKeystonestone Bituminous Coal Co. v. deBenedictis sensitive lands.The plan also should influ- .e zoned for its highest permissible (1987)480 U.S.470;Agins v.City of Tiburon(1980)447 ence the location and sequential pattern of use under the general plan until develop- U.S.255,260. owth. ment is a ro riate for the area.Infrastruc- 30.Lai v.City and County of Honolulu(9th Cir.1988) ommunity and area plans can als�w ture should be extended to growth areas 841 F.2d 301:McLeod v.Santa Clara County(9th Cir • 1984)749 F.2d 541. . adopted with more detailed planning for only in accordance with the growth man- 31.ArnclDevelopment Co,v,City ofCostaMesa(1981) identifiable sections of the city.Th ese plans agement plan and an accompanying capital 126 Cal.App.3d 330. should refine and augment the policies, improvement program. Premature subdi- 32.Carty v.City of Ojai(1978)77 CalApp.3d 329. goals,objectives and implementation pro- vision of land should be prohibited. • 33.Bruce v.City ofAla meda(1985)166 CalApp.3d 18. grams set forth in the general plan.They A conceptual growth management 34.See Government Code§65302.8 for general plan are, in effect, amendments to the city's scheme for a developing city with abun- amendments and Government Code§65863.6 for zone general plan for a designated area. changes. 35.Public Resource Code§21000,et.seq. Each local plan should be linked to re- 37.See Government Code§§65451-65456. 12 36.See Government Code§6S858. gional infrastructure and facilities plans. 38.Government Code§65456. LEAGUE.OF CALIFORNIA CITIFS Thirteen Tips • For Managing Growth 1. Maximize meaningful public input from diverse interest groups. • 2. Identify principle goals and ob- dant undeveloped land and adequate infra- volves,among other things, manipulating jectives. structure could involve several develop- economic growth;redevelopment;protect- 3. Conduct studies and gather mein tiers: ing of neighborhoods;encouraging transit data concerning capacities of Tier 1:The Urbanized Area where develop- and traffic management systems;water con- land, past and projected rate and ment would be encouraged with incentives servation; transfer of development rights; location of growth, capacity of such as lower fees, development agree- developing a methodology for the transi Public facilities and services and ments,public/private projects and density tions of neighborhoods experiencing sub a fiscal impact analysis. bonuses. stantial change; providing strong incen- 4. Identify development con- Tier 2: The Urbanizing Area where all de- tives and mandates for affordable housing; straints (e.g., infrastructure and velopment would be required to pay its improving the quality,design and compatiservice deficiencies, sensitive way. bility of new development; and devising lands, areas of deteriorated air Tier 3:The Future Urbanizing Area where fees,taxes and other sources of revenue to and water quality). development would be discouraged until pay for all of this. 5. Identify those areas and re- some time in the future.Services would be Growth management in the already de- sources to be protected (e.g., limited,subdivision discouraged as would veloped city also would involve amend- neighborhoods, hillsides, historic rezonings and variances. ments to the general plan, but the focus buildings) and those areas for de- Tier 4:A Greenbelt Area where conserva- would be on identifying and preserving velopment. tion of resources, agricultural uses and existing quality development in stable 6. Develop achieve- open space would be preserved. neighborhoods, and historicplaces, con- policies haveto b g the objectives that broad, These areas could be overlaid with a serving remaining resources and signif-i sensitive lands and resource protection map cant land forms, improving generalgapplicability ty deal with p g public open large scale, community-wide where development would be constrained space and recreational opportunities,iden- by reason of the character of the lands(e.g., tifying and remedyingnfrastructure deft- problems. hillsides, flood plains, habitat areas). A ciencies and designing t 7. Prepare a general plan with va city-scape._�` some guidelines as to the growth management framework with meas in need of revitalization would be identified locations where growth should targeted for new growth while other amount and cost of new public 0 be encouraged such as corridors, and areas, perhaps more desirable from the facilities and utilities to support centers, can be readily implemented in developers' point of view, would be con- growth. newer cities with still undeveloped land.39 trolled until balance is achieved.Infrastruc- 8. Prioritize development based (See Figure 1) tore deficiencies (sewer,water,landfill ca- on the city's general plan objec- uch more difficult is designing aM pacity) and deteriorating air and water tives and timely growth rather scheme for the more typical,fully quality justify placing strong limits on new than cap the population. built out city with already over- development and on giving priority to 9. Do not zone land any higher development that does not cause further than necessary to achieve gen- taxed services and facilities,clogged streets, crime-ridden areas,insufficient affordable impacts. Innovative impact and user fees, eral plan objectives, to ensure mixed use developments, public/private adequate infrastructure capacity, housing and incompatible development. Growth management in these cities in- projects, inclusionary zoning, set asides ensure resource protection and and benefit assessment areas should all preserve quality of life.(You can 39.A variation of this pattern is evident in the Minnea- be used and integrated to further the upzone as facility needs are met). polis/St.Paul Metropolitan Development Framework. city's overall growth management goals. See D.Caiies&R Freilich,L me and Use at p.837-640. (See Figure 2) Limit non-priority p- ment until infrastructurere an and/or A resource impacts are remedied. 11. Tie fees, taxes and other fi- rnsAr�n,Ry Ne'ohhorhoon nancing devices to your growth Transportation .' " CorridorRedevelopment ��-.�, management plan. 1 :::Area a' • l 12. Be careful to avoid infringing DOWNTOWN Redevelopment on vested rights and leave all Are ; landowners with a reasonable, • HlstoncProtechon(Hpe #01 beneficial and/or economically �/ // -.mater.7- ;w ':; • I �' viable use of his her land within - = I I �- r,Pyrdtls;.�.:.. ��\\� a reasonable period ili a p od of time. ..'r.:::, ..,t,, .-' `r \\\ g�So :,-•.. .,•:... �� II !_ieso oe \ °-°7 13. And finally: Be fair and rea- sonable, ��t♦ I \ ,,,,,,o � _r„mary� _ �� as always. 0 9 rho hootl5,.1...7....._ Rizer W I! I is:_-:,' ; �`• _ Commercial Revitalization Figure 2 V Area(CR) a 1:- WESTERN CITY, MAY 1989 SEMCOG RDI REPORT THE PROBLEM OF "URBAN SPRAWL" •Beginning in the late 1960's and early priate to make the project review a compre- houses, abandoned factories and stores. 1970's,the growth and development pat- hensive consideration of "urban sprawl."As weed-choked lots left vacant by demolition, tem of Southeast Michigan began to change. a result,the SEMCOG Executive Committee communities increasingly populated by the Where previous outward growth had been the and General Assembly moved to create a elderly and the poor(those most unable to extension of a healthy urbanized core, in- mechanism for just such a comprehensive chase the sprawling dream out there at the creasingly the growth outward began sub- analysis of sprawl and its problems.The Re- edge of the metropolitan region). tracting from older urbanized areas. Most gional Development Initiative(RDI)was cre- visible was the 'white flight"from cities like ated, along with the RDI Oversight Commit- Characteristics of Sprawl Detroit,Highland Park and Pontiac.But,other tee,broadly representative of the public and Urban sprawl is a land use pattern char- older communities were beginning to experi- private sectors. acterized by low density and/or uneven • ence serious decline. Most of that earlier physical development occurring at the growth had been due to an expanding popu- Dimensions of Sprawl fringe of the urbanized area as well as lation. Now, and in the future, 'growth"will While the population of Southeast Michi- disinvestment and abandonment of older include only a modestly expanding popula- gan will increase by only 6%over the next 20 urbanized areas. Sprawl is the regional re- tion (6% by Year 2010) and mostly people years,there will be a 40%increase in devel- suit of many local land use decisions made and businesses shifting within the region, oped land.If present trends continue,virtually by individuals, businesses and communi- from one community to another. all of that growth will occur at the urban fringe, ties.Those decisions are usually consistent As citizens sought a better quality of life changing the face of hundreds of thousands with logical local land use plans and zoning at the suburban fringe, local officials, plan- of acres of rural agricultural land,woodlands ordinances as well as economic realities. ners and environmentalists grew con- and other open spaces—a process de- Sprawl in Southeast Michigan is also cerned about the long-term implications of scribed by many as "urban sprawl"(The Fig. characterized by disinvestment and aban- what became known as "urban sprawl."For 1 map illustrates that pattern.) donment of older urbanized communities. citizens in older areas, the evidence of fu- Outward growth results in older urbanized ture problems came in abandoned but func- communities with infrastructure—roads, tional buildings; spiraling unemployment While the population of water/sewer lines—that are severely un- rates as jobs moved farther away; in- Southeast Michigan will derutilized. As the affluent move outward, creased crime as poverty spread. For citi- zens able to move outward,the evidence of increase by only 6% over the tions characterized by poverty and jobless- future problems came in highly congested next 20 years, there will be a ness. As tax-generated resources shrink rural and suburban roads;longer commute 40%increase in developed through abandonment,the older communi- trips to work;a steady increase in commer- land ties are less able to provide needed ser- cial development; and, in problems with vices to populations in need of more rather water pressures and sewer capacities. than less social and educational support. Within SEMCOG, much of that concern For many citizens and local government became focused in the late 1980's as work officials, "urban sprawl"is a pejorative de- Stimulating Sprawl progressed on revisions to the Sewer Ser- scription of what they see as a negative Factors that pull development out to the vice Area map and updating of the Regional activity. For others, "sprawl"is what hap- urban fringe include availability of open Development Forecast.The parallel strains pens when people are able to find the living space; the desire of many for low density being produced by outward growth and by space they seek, away from the noise,the residential choices; quality of education, core abandonment became more evident congestion, the problems. For them, in because school districts in developing as communities reacted to the proposed short, "sprawl" is simply the American areas are reaping the benefits of new tax map and forecast revisions. dream coming true. base; and, overall quality of life away from When the planned Auburn Mills mega-mall The challenge, it would seem,is making the perceived problems of higher density was examined in SEMCOG's Regional Re- certain that realization of the American urban areas. view process, many saw the proposed mall dream by some does not become a night- Fringe sprawl is often supported by pub- as a stark example of "urban sprawl" and mare for many others. lic subsidies for roads, sewers,water lines, strongly opposed its development.While the mortgages and tax breaks. It is enabled by Regional Review did identify some specific a transportation environment which in- cludes about the project,it was not appro- The challenge is making cludes affordable personal vehicles, low certain that realization of the fuel prices, excellent roads, and free park- This article is a direct reproduction of the American dream by some ing at job and shopping sites. problem statement, conclusions (without does not become a A significant stimulant to sprawl is the the commentary) and the recommends real or perceived need for increased tax tions(without the commentary)of the Final nightmare for many others, base in suburban communities, to pay for Report of the RDI Oversight Committee. ft infrastructure, amenities and services ex- is reprinted with the permission of That is pretty much how opponents of pected by suburban residents.This leads to SEMCOG. Readers are encouraged to get sprawl see the problem—a nightmare of competition between developing suburbs a copy of the complete report for the missing vanishing open space...zooming infrastruc- and older communities as well as among detail and written comments from members ture costs...duplicative services, both pub- suburbs, as all seek commercial and indus- of the Oversight Committee.A copy can be lic and private...a profligate waste of re- trial development to provide new tax base. 4111 obtained from SEMCOG,660 Plaza Drive, sources,both natural and fiscal.In addition, [Ed.Note:See article on page 22-23] Suite 1900,Detroit,MI 48226;(313)961- they see the abandonment in sprawl's Factors that push development away 4266. wake—older communities with boarded up from the concentrated core include rising Planning&Zoning News©/November 1991 5 cnme rates, poor quality of public educa- ing neighborhoods; by grid street patterns ized if the entire region is to prosper in a tion, racial and social class polarization, that carry through-traffic;by difficult parking world economy. • lack of living space and,often,lack of prox- in retail areas; by aging populations; by There are some pragmatic reasons for imity to jobs which have shifted to suburban developing social problems,such as crime; caring as well. It will be expensive for every locations. and, by lack of open space in residential taxpayer to not care. Citizens trapped in In Southeast Michigan,sprawl has been areas. abandoned cities require expensive socia' accelerated by physical.economic and so- In recent years, crime has often been support—in welfare programs, publi cial changes in the older urbanized areas. cited as the No. 1 reason for leaving older health care, prisons. specialized remedia The attractiveness of older areas (as com- communities for residential or business re- education for at-risk children. Recycling pared to the urban fringe) is diminished by location. While the perception of crime older urbanized communities will provide the age and style of the housing stock, rates may often exceed the reality,both the those citizens an opportunity to leave the including house and lot sizes:by deteriorat- reality and the perception have become poverty cycle and become productive citi- significant driving forces in stimulating out- zens in the regional economy. DEFINITIONS ward movement from older urban commu- nities. Because the term "urban sprawl'has Many businesses have left those older It will be expensive for every become a very general description, areas to relocate where new residential taxpayer to not care. more specific definitions are needed for development is occurring ("where the descriptive terms used throughout these customers are'), which is often also where Conclusions and the Recommendations their workforce has relocated. Some busi- Continued ignoring of the disinvestment which follow. nesses move outward to seek more spa- and abandonment of older communities cious sites than are available in older com- while actively supporting evermore sprawl- Urban sprawl: munities. As a result, both remaining and ing fringe development will diminish the A generic term to describe what is potential residents of the older communities quality of life for every citizen of Southeast really a two-part process—sprawling low face diminished job opportunities and in- Michigan. density growth at the suburban fringe creased difficulty in reaching retail and and the concurrent disinvestment and other service businesses. Environmental impacts of Sprawl abandonment of older/urbanized corn- Neither the problems nor the solutions The environmental impacts of sprawl will munities. are simple.There is a wide range of dynam- be felt in both the fringe areas, which will ics at play in the growth and development undergo intense development within the Suburban fringe: pattern called "urban sprawl."Private de- next 20 years,and in the older areas,which Those areas which are at the outer velopment initiatives are both supported by, are presently urbanized. Some of the envi- reaches of the urbanized areas of the and are victims of, local government's re- ronmental changes in the fringe area will region, where growth that occurs uses sponsibilities as keepers of the common include: largely sparsely populated or rural good. There is constant interplay among • loss of wildlife habitat; "green field" land previously undevel- such quality-of-life dynamics as the envi- • impacts on surface water including oped and often agriculturally or environ- ronment, transportation, the consumer increased nonpoint source pollutior mentally valuable. Such areas are gen- economy. the public's safety and health, and soil eros on and sedimentation, erally found in the northern and western education, local home rule and area wide • increased air pollution; portions of Oakland and Macomb coun- issues. • construction of sanitary and ties, the western part of Wayne Countystormwater sewer lines and treat- and in the urbanizing areas of the four Older Urban Communities ment facilities; perimeter counties: Livingston, Monroe, and Sprawl • construction of wells, water treat- St. Clair and Washtenaw. Growth outward to the suburban fringe ment plants and of supply lines; is, in large part, abandonment of the • elimination of some wetlands and Older/urbanized communities: region's concentrated core, those older stress on others;and, Those communities in the region.that urban communities that were the founda- • loss of open space. are more than 100 years old and/or were tion of this region 50-100 years ago and In the urbanized area, the impacts will largely developed by mid-century. Be- more.All too often,those who have moved include: cause the population total is, and will outward take a "so what"approach to the • reduced ability to repair, maintain remain,fairly static,most "growth"in this mounting problems generated by disinvest- and operate existing stormwater and metropolitan area will mean a shifting of ment and abandonment. That attitude is sanitary infrastructure due to loss of population, rather than new in-migration short-sighted, at best. tax base and user fees; population. The older/urbanized corn- A metropolitan area that hopes to remain • increased stress on existing sewer munities are generally the ones drained economically vital is a region that must be systems,including treatment plants, by that intra-regional shifting. Many of seen by businesses and people as a good as extension of those systems is re- the communities are in the concentrated place to live and do business because of its quired to serve new development; core of the seven-county region:Detroit, quality of life. That image is severely corn- • increased stress on urban wetlands Highland Park and Pontiac, as well as promised when the reality is a region where as older communities compete with the older communities in Wayne, Oak- the center is slowly withering. A healthy developing suburbs for economic land and Macomb counties. Other metropolitan region requires a healthy core. development;and, older/urbanized communities are found Central cities (Detroit and the older, • reduced ability to improve "urban en- in the perimeter counties, where they county seat cities of the other counties) vironment'=i.e., removal of blight, have traditionally functioned as the remain the governmental, financial and development and maintenance of county seat and/or the city focus of rural legal centers...contain much of the cultural parks, tree planting, and pollution areas: Port Huron, Monroe, Ann Arbor, opportunities...provide most of the health clean-up—due to reduced tax base. Ypsilanti, Brighton, Howell and some care facilities. They are, in short, vital links smaller cities in those counties ❑ in the region—links which must be revital- • 6 ?lanning&Zoning News/November 1991 cnrre rates, poor quality of public educa- ing neighborhoods; by grid street patterns ized if the entire region is to prosper in a tion, racial and social class polarization, that carry through-traffic;by difficult parking world economy. lack of living space and,often,lack of prox- in retail areas; by aging populations; by There are some pragmatic reasons for imity to jobs which have shifted to suburban developing social problems,such as crime; caring as well. It will be expensive for every locations. • • and, by lack of open space in residential taxpayer to not care. Citizens trapped in aIn Southeast Michigan,sprawl has been areas. abandoned cities require expensive social ccelerated by physical,econoblic and so- In recent years, crime has often been support—in welfare programs, public cial changes in the older urbanized areas. cited as the No. 1 reason for leaving older health care, prisons, specialized remedial The attractiveness of older areas (as corn- communities for residential or business re- education for at-risk children. Recycling pared to the urban fringe) is diminished by location. While the perception of crime older urbanized communities will provide the age and style of the housing stock, rates may often exceed the reality,both the those citizens an opportunity to leave the including house and lot sizes;by deteriorat- reality and the perception have become poverty cycle and become productive citi- significant driving forces in stimulating out- zens in the regional economy. DEFINITIONS ward movement from older urban commu- nities. Bl"ecause the term "urban sprawhas Many businesses have left those older It will be expensive for every become a very general_description, areas to relocate where new residential taxpayer to not care. more specific definitions are needed for development is occurring ("where the descriptive terms used throughout these customers are'),which is often also where Conclusions and the Recommendations their workforce has relocated. Some busi Continued ignoring of the disinvestment which follow. nesses move outward to seek more spa— cious sites than are available in older corn- while actively supporting evermore sprawl- Urban sprawl: munities. As a result, both remaining and ing fringe development will diminish the A generic term to describe what is potential residents of the older communities quality of life for every citizen of Southeast really a two-part process—sprawling low face diminished job opportunities and in- Michigan. density growth at the suburban fringe creased difficulty in reaching retail and and the concurrent disinvestment and other service businesses. Environmental impacts of Sprawl abandonment of older/urbanized corn- Neither the problems nor the solutions The environmental impacts of sprawl will munities. are simple.There is a wide range of dynam- be felt in both the fringe areas, which will ics at play in the growth and development undergo intense development within the Suburban fringe: pattern called "urban sprawl." Private de- next 20 years,and in the older areas,which Those areas which are at the outer velopment initiatives are both supported by, are presently urbanized. Some of the envi- reaches of the urbanized areas of the and are victims of, local government's re- ronmental changes in the fringe area will region, where growth that occurs uses sponsibilities as keepers of the common include: largely sparsely populated or rural good. There is constant interplay among • loss of wildlife habitat; io,:ogreen field" land previously undevel- such quality-of-life dynamics as the envi- • impacts on surface water including ped and often agriculturally or environ- ronment, transportation, the consumer increased nonpoint source pollution, mentally valuable. Such areas are gen- economy, the public's safety and health, and soil erosion and sedimentation; erally found in the northern and western education, local home rule and area wide • increased air pollution; portions of Oakland and Macomb coun- issues. • construction of sanitary and ties, the western part of Wayne Countystormwater sewer lines and treat- and in the urbanizing areas of the four Older Urban Communities ment facilities; perimeter counties: Livingston, Monroe, and Sprawl • construction of wells, water treat- St. Clair and Washtenaw. Growth outward to the suburban fringe ment plants and of supply lines; is, in large part, abandonment of the • elimination of some wetlands and Older/urbanized communities: region's concentrated core, those older stress on others;and, Those communities in the region that urban communities that were the founda- • loss of open space. are more than 100 years old and/or were tion of this region 50-100 years ago and In the urbanized area, the impacts will largely developed by mid-century. Be- more.All too often,those who have moved include: cause the population total is, and will outward take a "so what"approach to the • reduced ability to repair, maintain remain,fairly static,most"growth-in this mounting problems generated by disinvest- and operate existing stormwater and metropolitan area will mean a shifting of ment and abandonment. That attitude is sanitary infrastructure due to loss of population, rather than new in-migration short-sighted, at best. tax base and user fees; population. The older/urbanized corn- A metropolitan area that hopes to remain • increased stress on existing sewer munities are generally the ones drained economically vital is a region that must be systems,including treatment plants, by that intra-regional shifting. Many of seen by businesses and people as a good as extension of those systems is re- the communities are in the concentrated place to live and do business because of its quired to serve new development; core of the seven-county region:Detroit, quality of life.That image is severely corn- • increased stress on urban wetlands Highland Park and Pontiac, as well as promised when the reality is a region where as older communities compete with the older communities in Wayne, Oak- the center is slowly withering. A healthy developing suburbs for economic land and Macomb counties. Other metropolitan region requires a healthy core. development;and, older/urbanized communities are found Central cities (Detroit and the older, • reduced ability to improve "urban en- inthe perimeter counties, where they county seat cities of the other counties) vironment'=i.e., removal of blight, have traditionally functioned as the remain the governmental, financial and development and maintenance of countyseat and/or the city focus of rural legal centers...contain much of the cultural parks, tree planting, and pollution areas: Port Huron, Monroe, Ann Arbor, opportunities...provide most of the health clean-up—clue to reduced tax base. Ypsilanti, Brighton, Howell and some care facilities. They are, in short, vital links smaller cities in those counties ❑ in the region—links which must be revital- 6 Planning& Zoning News©/November 1991 Social Impacts and Sprawl huge inequities in educational opportunities aided by the emergence of an increasing • Traditionally,there have been a number and achievements. When decisions about number of two-wage earner households, Y elements that make up the residential where to live and work can be made free of often doubling the number of vehicles and and business location decision process— these constraints, there will be geographi- greatly increasing the miles traveled. the desire for more space, access to work cal balance, so that future generations of Various government zoning, taxation. orkers, housing quality and styles,ed- decision makers will be free, in every re- and transportation investment policies ion and, in this region, race. In recent spect,to choose among the desirable loca- have reinforced auto usage as the domi- years,crime has been added to that list.Of tions in revitalized central communities as nant travel mode. Local zoning ordinances those various elements, much of the well as in developed and developing fringe often dictate low density development,with region's development pattern has been communities. the strictly separate residential, commer- driven by three—crime, race and educa- cial, and industrial land uses that require tion.They have generally fueled a centrifu- Transportation and Sprawl auto travel. These ordinances have also gal development pattern, pressuring out- One of the most hotly-debated "urban thwarted the development of significant ward from the core city and its near sub- sprawl"policy issues focuses on two alter- numbers of transit and ridesharing corn- urbs. The resulting problems are twofold: native views of the transportation role: muter corridors, which require higher den- consuming land on the fringe at prodigious a) that transportation investment re- sity development. Such ordinances have rates while land at the center is abandoned, sults in further development at the made the automobile virtually the only fea- along with the people and the buildings on urban fringe i.e., "sprawl';or, sible means for most suburban travel. Re- that land. b) that transportation investments liance on the automobile has also required If the growth/development pattern were simply responds to existing devel- still additional land to be set aside for auto- operating in a pure form, there would be a opment patterns and resulting traf- related uses such as parking. circular nature to growth and development. fic congestion pressures. The major element of traffic congestion That is, as both residential and business Evidence from SEMCOG's The 'Busi- is the single occupant vehicle (SOV), with development moved outward in the region, ness as Usual'Trend Future: The Data one driver taking up about 100 square feet redevelopment would occur in the older Base report suggests that each explana- of space on crowded roads. Past practices central areas, because land values would tion has credibility to some degree. have encouraged,rather than discouraged, be lower and,therefore,affordable to many single occupant travel. For example,while families and businesses unable to pay the federal tax policy allows employers to pro- higher prices for land and buildings in the The 1950-1980 period saw vide$100 per month parking as a tax-free fringe areas. the urbanized Southeast employee fringe benefit, subsidized em- It has not been a pure form, however. Michigan area almost double ployee transit and vanpool fares above$15 Rather, social issues distort the process. in size from 311 OOO to per month are fully taxable.Transportation Racial discrimination, educational inequal- investments have historically emphasized ities and crime problems all merge in the 615,000 acres—just over new road and highway construction rather older areas to make redevelopment there four times the size of the than creating incentives for ridesharing or less attractive, despite the potentially City of Detroit. using public transit. Southeast Michigan r land building costs that do exist there. stands alone among the nation's 20 largest cities in failing to construct or provide sig- The 1950-1980 period saw the urban- nificant preferential treatment for transit Central to the three key ized Southeast Michigan area almost dou- and carpool users—either grade-separated dynamics—race, crime and ble in size from 311,000 to 615,000 acres— transit lines or reserved lanes on freeways education—is poverty. just over four times the size of the City of for transit and/or car and vanpools. Detroit.This same period also saw comple- tion of over 90% of the region's roughly An estimated 75% of the Central to the three key dynamics— 300-mile freeway system. race, crime and education—is poverty, the In addition, changes in manufacturing new jobs created in cycle that sees significant portions of the techniques and the availability of trucking Southeast Michigan during . .population living a no-hope existence—un- services permitted many types of busi- the 1980-90 period were able to see a path to the sorts of location nesses to escape central city traffic conges- decisions made routinely by more affluent tion—choosing,instead,large,inexpensive located in developing areas citizens. Race and poverty are inextricably fringe sites to build modern, single-story with no available transit intertwined as a history of racial prejudice plants and factories not centrally located service. has put and kept many blacks in poverty— near water or rail transportation. • and penned them into the older central During the 1980's, there was a sharp cities by historic real estate practices.Sim- increase in vehicle miles traveled (VMT)in Sprawling low density development ilarly, poverty drives much criminal activity, the region, which contributed to increased (which makes public transit difficult to sus- particularly as the drug culture has flour- congestion in the developed and develop- tain) places an additional burden on the ished in central cities. Finally, there is a ing areas of the region.During the 1980-87 transit dependent—the handicapped, the strong correlation between those commu- period, for example, VMT grew by 33%, elderly, the poor, the young. Often lacking nities with high levels of poverty and under- despite a relatively constant regional popu- an automotive option for transportation, funded school systems. Michigan's school lation. those citizens are generally home-bound if aid funding,in fact, provides the least sup- Much of that increase in VMT and con- there are no available public transportation port to those districts most needing educa- gestion occurred in newly developing alternatives. tion to break the poverty cycle. areas. The result was sharply increased Sprawling development also has a sig- The desire is fairly simple—that there will congestion on suburban roads not yet nificant impact on another segment of the exist, in 20 years, a truly free marketplace ready for population surges—along with,of transit dependent—the chronically jobless. 0 ecisions, unfettered for all future deci- course, frequently under-utilized roads in Businesses that support growing residen- i makers by such artificial constraints as the inner cities and suburbs. The VMT tial populations in newly developing areas racial prejudice, uncontrolled crime and growth in those newer suburbs was likely are frequently generators of the types of . Planning&Zoning News©/November 1991 7 jobs most suited for the chronicallyjob- tan region.That is articular) true in South- One emerging, and particularlyseri- less—the , 9 particularly entry level and service jobs re- east Michigan for three reasons: ous, public finance element of urban quiring fewer learned skills. Low density 1)the property tax is such a dominant factor sprawl concerns the "true cost"of devel- fringe development stymies implementa- in the region's public finance process; opment. In the past, federal, state and tion of public transit service,effectively cutt- 2)there is such fragmentation of local gov- local governments subsidized develop- ing off those jobs from urban core residents ernment (there are 234 counties, cities, ment—through public construction of who are most available for the jobs. An villages and townships plus 115 local such infrastructure as water and sewe� estimated 75%of the new jobs created in school districts, seven Intermediate lines, highways and local roads, school Southeast Michigan during the 1980-90 pe- School Districts, nine community col- buildings, libraries, parks and other corn- riod were located in developing areas with leges);and, munity facilities and amenities.That was, no available transit service. 3)growth will be limited in future years,with everyone believed, government's job: to - much of the growth that does occur provide such things. In an era of plentiful The Economy and Sprawl being an intraregional shuffling of popu- resources, little thought was given to the Southeast Michigan's regional econ- lation, households and commercial/in- fact that use of federal,state and local tax omy must have steady growth to keep our dustrial development. funds meant that all taxpayers supported region competitive with other regions, such growth, including those who did not states and countries. But, many aspectsparticipate in nor benefit from such of private sector growth carry with them Growth will be limited in . . growth. serious public sector problems, particu- future years, with much of Today, there is increasing concern that larly those related to "urban sprawl" the growth that does occur greatly limited public financial resources no growth at the region's fringe and the par- longer can be used in such a profligate way, allel disinvestment in older communities. being an intraregional simply paying for whatever infrastructure Several factors are present in that bal- shuffling of population, seems to be needed for new development ance of positive and negative impacts: households and to occur and prosper. the continued shift from a manufacturing- commercial/industrial Assessing that "true cost" is not only based economy to a service orientation; develo mens. difficult,it is revolutionary.But,in a dawning fringe growth that results in urban aban- p era of "user fee"public financing,it may be donment; public subsidies for fringe necessary to view the costs of supporting growth but not for urban redevelopment Because of the strong reliance on the fringe growth as requiring user fees on an growth; mismatches between job loca- property tax, delivery of community ser- increasingly larger scale, rather than tradi- tions and worker opportunities for hous- vices is largely dependent on a tional subsidies. ing and/or transportation; an opportunity community's tax base(its "State Equalized Part of past practice in subsidizing for benefitting from the Canadian/U.S. Valuation"or SEV). Developing communi- growth was the practice of the federal Fair Trade Agreement that is slipping ties must aggressively seek growth to raise government in supplying grants, loans away from the region; a public decision- the SEV and, as a result, the resources and revenue sharing funds to local corn- making process that often produces good available for providing services. Because munities. These funds were used to re- local decisions that are bad for other corn- much of that growth has contributed to the build urban infrastructure,to build devel.* munities and authorities. abandoning of older urban communities, opment-driven new infrastructure and to Over the past 25 years, the region's those older communities see their SEV's address social problems that expanded in economy has undergone a structural shrinking, causing service cuts that make older urban areas left behind by those change in its shift from a manufacturing them even less able to compete for the who could afford to move home or busi- to a non-manufacturing, service-based growth or development that undergirds de- ness to the flourishing fringe. Paradoxi- orientation. At the same time there con- livery of necessary services. cally, the strong increase in such prob- tinues to be a major shift in the location of )ems over the past decade has coincided jobs, which is reinforced by shifts in the with an equally strong movement by the region's employment mix. Communities must federal government to walk away from Growth in the nonmanufacturing part of aggressively seek growth to such programs, either transferring them the region's economy is led by new jobs , to state or city governments(without corn- in the service sector, with that sector's raise the SEV andas a panion funding)or simply abandoning the share of the region's total employment result, the resources programs altogether. Of particular con- growing from 18%in 1975 to 35%in 1980. available for providing cern is elimination of federal programs in It is expected to consist of 43%of the total services. housing, education, transportation and employment in 2010. job training, all of which traditionally have . Related to growth in the service sector helped level the playing field for older is the major increase in the suburbaniza- The centrifugal push of residents and communities attempting to compete for tion of all jobs. In 1965, 68% of the businesses outward drains economic vital- muchneeded re-development. region's total employment was located in ity from the older areas, resulting in further Recent federal rules and regulations, Wayne County, including about 45% in disinvestment. The resulting shrinkage in moreover, often place new responsibilities the City of Detroit. By 1990, Detroit's tax base reduces the ability of older corn- on cities, without providing companion share of the region's jobs had dropped to munities to repair, maintain and operate funding to carry out the transferred pro- 18%. Employment in the suburbs grew existing infrastructure,such as stormwater grams. As a result, states and cities are strongly during the past 25 years, led by and sanitary sewers. Continued outward required to allocate portions of their already Oakland County, which increased from growth means the region must keep invest- scarce resources to comply with such man- 12%to 30%in share of the region's jobs. ing public funds in construction of new in- dates, at the expense of either existing frastructure even while the existing infra- programs or existing infrastructure mainte- Public Finance and Sprawl structure is underutilized.At least,that has nance. Public finance plays a significant role in been the history of urban fringe develop- Further, state governments are unable to� shaping growth patterns in any metropoli- ment. help local governments in the face of than diminished federal role because of their own 8 Planning&Zoning News©/November 1991 jobs most suited for the chronically job- tan region.That is particularly true in South- One emerging, and particularly seri- less—the entry level and service jobs re- east Michigan for three reasons: ous, public finance element of urban quiring fewer learned skills. Low density 1)the property tax is such a dominant factor sprawl concerns the "true cost"of devel- fringe development stymies implementa- in the region's public finance process; opment. In the past, federal, state and tion of public transit service,effectively cutt- 2)there is such fragmentation of local gov- local governments subsidized develop- 0off those jobs from urban core residents ernment (there are 234 counties, cities, ment—through public construction of o are most available for the jobs. An villages and townships plus 115 local such infrastructure as water and sewer estimated 75% of the new jobs created in school districts, seven Intermediate lines, highways and local roads, school Southeast Michigan during the 1980-90 pe- School Districts, nine community col- buildings, libraries, parks and other com- hod were located in developing areas with leges);and, munity facilities and amenities.That was, no available transit service. 3)growth will be limited in future years,with everyone believed, government's job: to • - much of the growth that does occur provide such things. In an era of plentiful The Economy and Sprawl being an intraregional shuffling of popu- resources, little thought was given to the Southeast Michigan's regional econ- lation, households and commercial/in- fact that use of federal,state and local tax omy must have steady growth to keep our dustrial development. funds meant that all taxpayers supported region competitive with other regions, such growth, including those who did not states and countries. But, many aspects participate in nor benefit from such of private sector growth carry with them Growth will be limited in . . growth. serious public sector problems, particu- future years, with much of Today, there is increasing concern that larly those related to "urban sprawl" the growth that does occur greatly limited public financial resources no growth at the region's fringe and the par- longer can be used in such a profligate way, being an intraregional simplypayingfor whatever infrastructure allel disinvestment in older communities. Several factors are present in that bal- shuffling of population, seems to be needed for new development ance of positive and negative impacts: households and to occur and prosper. the continued shift from a manufacturing- commercial/industrial Assessing that "true cost" is not only based economy to a service orientation; difficult,it is revolutionary.But,in a dawning fringe growth that results in urban aban- development. era of "user fee"public financing,it may be donment; public subsidies for fringe necessary to view the costs of supporting growth but not for urban redevelopment . Because of the strong reliance on the fringe growth as requiring user fees on an growth; mismatches between job loca- property tax, delivery of community ser- increasingly larger scale, rather than tradi- tions and worker opportunities for hous- vices is largely dependent on a tional subsidies. ing and/or transportation; an opportunity community's tax base(its "State Equalized Part of past practice in subsidizing for benefitting from the Canadian/U.S. Valuation"or SEV). Developing communi- growth was the practice of the federal Fair Trade Agreement that is slipping ties must aggressively seek growth to raise government in supplying grants, loans away from the region; a public decision- the SEV and, as a result, the resources and revenue sharing funds to local corn- king process that often produces good available for providing services. Because munities. These funds were used to re- build decisions that are bad for other corn- much of that growth has contributed to the build urban infrastructure, to build Bevel munities and authorities. abandoning of older urban communities, opment-driven new infrastructure and to Over the past 25 years, the region's those older communities see their SEV's address social problems that expanded in economy has undergone a structural shrinking, causing service cuts that make older urban areas left behind by those change in its shift from a manufacturing them even less able to compete for the who could afford to move home or busi- to a non-manufacturing, service-based growth or development that undergirds de- ness to the flourishing fringe. Paradoxi- orientation. At the same time there con- livery of necessary services. cally, the strong increase in such prob- tinues to be a major shift in the location of ems over the past decade has coincided jobs, which is reinforced by shifts in the with an equally strong movement by the region's employment mix. Communities must federal government to walk away from Growth in the nonmanufacturing part of aggressively seek growth to such programs, either transferring them the region's economy is led by new jobs to state or city governments(without corn- in the service sector, with that sector's raise the SEV and, as a panion funding)or simply abandoning the share of the region's total employment result, the resources programs altogether. Of particular con- growing from 18%in 1975 to 35%in 1980. available for providing cern is elimination of federal programs in It is expected to consist of 43%of the total services. housing, education, transportation and employment in 2010. job training, all of which traditionally have . Related to growth in the service sector helped level the playing field for older is the major increase in the suburbaniza- The centrifugal push of residents and communities attempting to compete for tion of all jobs. In 1965, 68% of the businesses outward drains economic vital- muchneeded re-development. region's total employment was located in ity from the older areas, resulting in further Recent federal rules and regulations, Wayne County, including about 45% in disinvestment. The resulting shrinkage in moreover, often place new responsibilities the City of Detroit. By 1990, Detroit's tax base reduces the ability of older com- on cities, without providing companion share of the region's jobs had dropped to munities to repair, maintain and operate funding to carry out the transferred pro- 18%. Employment in the suburbs grew existing infrastructure, such as stormwater grams. As a result, states and cities are strongly during the past 25 years, led by and sanitary sewers. Continued outward required to allocate portions of their already Oakland County, which increased from growth means the region must keep invest- scarce resources to comply with such man- 12%to 30%in share of the region's jobs. ing public funds in construction of new in- dates, at the expense of either existing frastructure even while the existing infra- programs or existing infrastructure mainte- Sublic Finance and Sprawl structure is underutilized.At least,that has nance. Public finance plays a significant role in been the history of urban fringe develop- Further, state governments are unable to shaping growth patterns in any metropoli- ment. help local governments in the face of that diminished federal role because of their own 8 Planning&Zoning NewsO/November 1991 budget problems.There are 34 states being are eliminating programs, initiating hiring avoid raising the taxes that would be forced to reduce spending because of state freezes, laying off employees, increasing needed to maintain state programs and deficits. These states, including Michigan, fees and fines—doing almost anything to resume support of local programs. CONCLUSIONS 9) Public subsidies have fueled sprawl at the suburban fringe. • 1) The "business as usual" course toward more and more but have generally not been as available to older communities for "urban sprawl"is unacceptable. It will diminish the quality of life in fighting the ravages of disinvestment and abandonment. Southeast Michigan. The metropolitan area lacks the means for 10) The perception of and the existence of environmental improving how we manage the region's growth in order to make degradation in older/urban areas is a stimulus to urban sprawl. certain that all communities are able to benefit—so that the Developers,potential home buyers and business and industry are inevitable growth is an opportunity for all, not a problem for many. reluctant to invest in sites which are near or thought to be near 2. "Urban sprawl,"in Southeast Michigan has two significant polluted streams, factories emitting pollutants or soils contami- dimensions. For some communities,it is characterized by sprawl- nated by chemicals. Because these problems are endemic to ing investment and development at the suburban fringe. For older/urban areas, buyers and investors are more frequently others, the problem is disinvestment and abandonment of attracted to suburban areas where developmentrelated contami- older/urban communities. Southeast Michigan's projected popu- nation is perceived to be minimal. lation will remain relatively static over the next 20 years. For that reason, anticipated fringe sprawl will greatly hasten that decline Local home rule is and should continue to of older/urban areas while simultaneously generating growth-re lated problems on the suburban fringe, such as higher taxes, be the governance bedrock on which growing traffic congestion, disproportionate consumption of land Southeast Michigan functions. However, and spiraling (and duplicative) infrastructure expense. there has been a steady growth of problems 3) Urban sprawl will continue unabated for the foreseeable(20 year)future—if present policies and laws remain unchanged.The that have ignored political boundary lines. result:a significantly diminished quality of life for all citizens of the metropolitan area, from the distressed cores to the burgeoning 11) Housing is another important.dynamic in urban sprawl. suburban fringes. Much of the early stages of sprawl development is driven by 4) Racial discnmination has been,is and likely will continue to be families seeking an improved quality of life, which often means the dominant social factor in Southeast Michigan's pattern of fnnge bigger and/or better housing, in a perceived better environment. development and urban abandonment.That history of discnmination As communities accommodate residential growth, they tend to will also continue to make it difficult to assimilate a rapidly growing zone for lower densities,which lure larger housing and accompa- racial and cultural diversity in the region's population. nying larger property tax revenues. 5) The problem of urban sprawl has many dimensions. The 12) Dramatic changes in the region's economy have contrib- causes of both fringe sprawl and urban decline are numerous and uted to both fringe sprawl and the concurrent urban decline. As complex. Changing just a few factors may not significantly alter the economy has evolved from a heavy industry base to more the pattern.Rather,improvements will be needed in a broad range0 service and research based functions,the resulting development of social, racial/cultural discrimination, physical, economic, envi- pattern has tilted away from the older communities in favor of ronmental and governmental manifestations to most fully address green field"sites on the fringe. the "urban sprawl"problem. 13)Property in Southeast Michigan has become,as some have 6)Uncontrolled urban sprawl is costly to the metropolitan area's characterized it, "fiscalized"—that is, property's "best use"is too taxpayers and its economy.The twin problems of suburban sprawl often seen as generation of profit and/or tax dollars, rather than and urban disinvestment are wasteful of both physical and fiscal its traditional life-nurturing roles of farmland and natural environ- resources. If continued unabated, sprawl's consequences will ment. likely become unaffordable for all. 14)Michigan's over-reliance on the local property tax for financ- 7)Growth in automobile use coupled with the expansion of the ing schools and local services has promoted undue and wasteful road and highway network has made transportation both a cause competition among communities—a competition that produces and an effect of urban sprawl. Auto-driven personal mobility has community winners and losers instead of coordinated and coop- enabled both people and businesses to sprawl outward at an erative progress for all, a competition that fosters disinvestment accelerating rate, while helping isolate a growing disadvantaged in established communities and accelerates sprawl in suburban population trapped in urban centers. A continued low density fringe communities. sprawl development trend means that a population which will grow 15) The fragmented nature of land use decision making is a by only 6%in 20 years will increase its vehicle miles traveled by significant problem. More than 200 units of government function 400%. separately in land use planning and regulation, independent of area wide considerations.The autonomy fostered by strong local A continued low density sprawl home rule traditions results in myriad local decisions that are development trend means that a population individually in the best interests of local communities even while P P P they often constitute, in the aggregate, a pattern of disjointed which will grow by only 6% in 20 years will development. That is often a wasteful process which contributes increase its vehicle miles traveled by 400%. to regional instability as well as instability in the local communities making those decisions. 16) Local home rule is and should continue to be the gover- 8. Expansion of the water and sewer infrastructure is another of nance bedrock on which Southeast Michigan functions.However, sprawl's cause and effect dynamics.As a matter of sound engineer- there has been a steady growth of problems that have ignored ing and economic practice in developing areas, water and sewer political boundary lines. That increasing pressure of area wide lines are often built larger and extended further than needed, in problems has tested the ability of local governments to efficiently order to accommodate potential future growth. Once constructed, i and effectively handle their own local problems even while seeking additional development is often pursued in order to help pay off the some "regional home rule"process by which regional and sub-re- bonds issued to pay for the original sewer or water lines. - gional problems could be addressed, let alone solved. D Planning&Zoning News©/November 1991 9 Governance/Management own boundaries while what are really area tition for tax base:and, maintain tradmona. anti Sprawl • wide problems have little basis for regional municipal services-helping improve the "Urban sprawl"could be characterized consideration, debate and solution. quality of life for citizens of the metropolitan, as. unplanned and unmanaged growth— SEMCOG currently provides the forum for area by creating more equity between the very antithesis of comprehensive and what consideration-is given to such issues, needed resources and the ability-to-pay of coordinated land use planning. Such butitoperatesprimarilyinanadvisoryman- the area's citizens. Special consideration sprawl is the likely outcome of a planning ner, leaving actual implementation of re- should be given to the benefits of mun al process"that includes 234 local units of gional policies and plans to local govern- tax base sharing in balancing pub government and as many planning com- ments(some of which are not members of sources. missions, as well as more than 100 local SEMCOG and are absent from the inter- 2) In order to combat racial discrimina- school districts. The end result is more governmentaldebateonimportantissues), tion and re-segregation in Southeast Mich- than 300 plans that are unrelated, uncoor- igan, all communities must adopt and ag- dinated. RECOMMENDATIONS gressively support antidiscrimination pro- That fragmentation is a by-product of Principal Conclusion grams as well as more effectively enforce the state and the region's strong tradition Continuing the pattern of "urban sprawl" existing anti-discrimination laws in housing of local home rule—local governments is unacceptable. It will diminish the quality and employment. Public and private created and empowered by the state with of life in Southeast Michigan—both its ex- schools must implement comprehensive basic responsibility for their own opera- pensive suburban fringe development and programs that establish racial and cultural tions and destinies. Each community its parallel disinvestment and abandon- understanding within all elements of the makes planning, zoning and develop- ment of older urban communities. curriculum of each district, school and ment decisions that make the most sense classroom. for that community and its future. When An Action Framework 3)A set of land use planning guidelines aggregated, the local plans do not repre- A series of cooperative public and pri- for both regional reviews and local land use sent a logical approach to development of vate sector actions must be taken to mini- plans must be developed. Such guidelines the overall region, largely because each mize urban sprawl in order to maintain should be based on these objectives: a) community plans for its preferred future, and/or improve the quality of life throughout encouraging more compact development rather than its likely future. There are, for Southeast Michigan. Over the next 20 that would conserve land and most effi- example, almost twice as many acres lo- years: ciently use infrastructure;b) protecting en- cally zoned for light industrial develop- 1)Changes must be made that will make vironmentally sensitive and agriculturally ment as the most optimistic projections certain that growth at the suburban fringe valuable lands; c) improving the balance for such development over the next 20 bears its own real costs, rather than being between location of jobs and housing;and, years. subsidized through hidden or deferred d)preserving existing infrastructure and en- costs previously borne by all citizens and couraging redevelopment of older/urban taxpayers; communities. Each community makes 2) Specific legislative actions must be 4)A mandatory regional planning review planning, zoning and taken that will lead to appropriate govern- process must be created,to review all pro- development decisions that mental and private sector initiatives to rede—velop and improve the quality of life in would have area wide or multicomm that communityand its older/urban communities, by providing impact. jobs, stabilizing revenue resources and 5) State legislation must require "con- future. When aggregated, broadening the range of development currency"for new development—that is, the local plans do not choices available to businesses as well as necessary roads,sewers and other infra- to families seeking better housing and qual- structure should already be in place to represent a logical approach ity of life; maintain acceptable service levels as to development of the 3) Actions must be taken that will drive needed while developments are com- overall region. solutions to various social problems-racial pleted. In addition, the legislation must discrimination,educational equity and qual- enable local communities to assess im- ity, public safety and affordable housing— pact fees through which development All too often, adjoining communities each to make certain that there is an acceptable would pay the true costs of additional create local plans that cal' for aggressively quality of life for all citizens of the metropol- municipal capital costs generated by the seeking growth and development(for the tax itan area;and, development. dollars that follow). That competition often overrules good planning and contributes sig- 4) Changes must be made in the way 6)Available federal and state resources nificantly to the urbanlansprawl problem. Southeast Michigan is taxed, governed must be prioritized to combat future "urban That problem becomes particularly dif- and managed—"regional home rule" sprawl"by helping support redevelopment, ficult becose of the growing interde- changes that will help local governments maintenance and rehabilitation of effectivelyaddress the proliferation of older/urban communities—including use of pendence of local governments within the area wide issues and problems that are infrastructure funds, tax abatements, de- seven-county region.A variety of govern- beyond the capacity of our local home velopment incentives and location of gov- mental issues transcend local political rule process. ernment facilities. boundaries—environmental protection, both air and water; transportation, both 7)The region must revamp its transpor- both and dater; transportation, asoca, on- Action Recommendations tation system to meet regional needs by terns, including affordable housing, pub- 1)A careful analysis must be made of the instituting an area wide tax to fund needed lit health, education, public safety; eco- state and region's over-reliance on the local transportation improvements, including im- nomic development activities; and, such property tax,in orderto identify changes plementation of public transit alternatives that will be needed to find a better balance that would enhance and serve the stabilize public finance issues as property taxes, between that tax and other revenue op- tion and redeye opment of the existing tax abatements and privatizing services. urban areas and relieve traffic con estion But, local governments,generally work tions. Such a better balance would help g individually on such problems within their bring equity to public school finance; help • in outlying areas. diminish the problems of municipal compe- 10 Planning&Zoning Newer/November 1991 Governance/Management own boundaries while what are really area titian for tax base:and. maintain trad t ona: -arri Sprawl wide problems have little basis for regional municipal services-helping improve the "Urban sprawl"could be characterized consideration, debate and solution. quality of life for citizens of the metropolitan as- unplanned and unmanaged growth— SEMCOG currently provides the forum for area by creating more equity between the very antithesis of comprehensive and what consideration-is given tosuch issues, needed resources and the ability-to-pay of coordinated land use planning. Such butitoperatespnmarilyinanadvisoryman- the area's citizens. Special consideration sprawl is the likely outcome of a planning ner, leaving actual implementation of re- should be given to the benefits of municipal • "process"that includes 234 local units of gional policies and plans to local govern- tax base sharing in balancing public re- government and as many planning com- ments(some of which are not members of sources. missions, as well as more than 100 local SEMCOG and are absent from the inter- 2) In order to combat racial discrimina- school districts. The end result is more governmentaldebateonimportantissues). tion and re-segregation in Southeast Mich- than 300 plans that are unrelated,uncoor- igan, all communities must adopt and ag- dinated. RECOMMENDATIONS gressively support antidiscrimination pro- That fragmentation is a by-product of Principal Conclusion grams as well as more effectively enforce the state and the region's strong tradition Continuing the pattern of `urban sprawl" existing anti-discrimination laws in housing of local home rule—local governments is unacceptable. It will diminish the quality and employment. Public and private created and empowered by the state with of life in Southeast Michigan—both its ex- schools must implement comprehensive basic responsibility for their own opera- pensive suburban fringe development and programs that establish racial and cultural tions and destinies. Each community its parallel disinvestment and abandon- understanding within all elements of the makes planning, zoning and develop- ment of older urban communities. curriculum of each district, school and ment decisions that make the most sense classroom. for that community and its future. When An Action Framework 3) A set of land use planning guidelines aggregated, the local plans do not repre- A series of cooperative public and pri- for both regional reviews and local land use sent a logical approach to development of vate sector actions must be taken to mini- plans must be developed. Such guidelines the overall region, largely because each mize urban sprawl in order to maintain should be based on these objectives: a) community plans for its preferred future, and/or improve the quality of life throughout encouraging more compact development rather than its likely future. There are, for Southeast Michigan. Over the next 20 that would conserve land and most eff i- example, almost twice as many acres lo- years: ciently use infrastructure;b) protecting en- cally zoned for light industrial develop- 1)Changes must be made that will make vironmentally sensitive and agriculturally ment as the most optimistic projections certain that growth at the suburban fringe valuable lands; c) improving the balance for such development over the next 20 bears its own real costs, rather than being between location of jobs and housing;and, years. subsidized through hidden or deferred d)preserving existing infrastructure and en- costs previously borne by all citizens and couraging redevelopment of older/urban taxpayers; communities. Each community makes 2) Specific legislative actions must be 4)A mandatory regional planning review planning, zoning and taken that will lead to appropriate govern- process must be created, to review all pro- development decisions that mental and private sector initiatives to rede- posed public and private developments that • make the most sense for velop and improve the quality of life in would have area wide or multicommunity older/urban communities, by providing impact. that community and its jobs, stabilizing revenue resources and 5) State legislation must require "con- future. When aggregated, broadening the range of development currency"for new development—that is, the local plans do not choices available to businesses as well as necessary roads,sewers and other infra- to families seeking better housing and qual- structure should already be in place to represent a logical approach ity of life; maintain acceptable service levels as to development of the 3) Actions must be taken that will drive needed while developments are corn- overall region. solutions to various social problems-racial pleted. In addition, the legislation must discrimination,educational equity and qual- enable local communities to assess un- ity, public safety and affordable housing— pact fees through which development All too often, adjoining communities each to make certain that there is an acceptable would pay the true costs of additional create local plans that call for aggressively quality of life for all citizens of the metropol- municipal capital costs generated by the seeking growth and development(for the tax itan area;and, development. dollars that follow). That competition often 4) Changes must be made in the way 6)Available federal and state resources overrules good planning and contributes sig- Southeast Michigan is taxed, governed must be prioritized to combat future "urban nificantly to the urban sprawl problem. and managed—"regional home rule" sprawl"by helping support redevelopment, That problem becomes particularly dif- changes that will help local governments maintenance and rehabilitation of ficult because of the growing interde- effectively address the proliferation of older/urban communities—including use of pendence of local governments within the area wide issues and problems that are infrastructure funds, tax abatements, de- seven-county region.A variety of govern- beyond the capacity of our local home velopment incentives and location of gov- mental issues transcend local political rule process. ernment facilities. boundaries—environmental protection, 7)The region must revamp its transpor- both air and water; transportation, both Action Recommendations tation system to meet regional needs by roadways and public transit; social con- 1)A careful analysis must be made of the instituting an area wide tax to fund needed cerns, including affordable housing, pub state and region's over-reliance on the local transportation improvements, including im- lic health, education, public safety; eco- property tax,inordertoidentifythechanges plementation of public transit alternatives nomic development activities; and, such that would enhance and serve the stabilize- that will be needed to find a better balance between that tax and other revenue op tion and redevelopment of the existing tax abatements and privatizing services. tions. Such a better balance would help urban areas and relieve traffic congestion But, local governments generally work bring equity to public school finance; help in outlying areas. ❑ 41110 individually on such problems within their diminish the problems of municipal compe- 10 Planning& Zoning News0/November 1991 y are handled by another.And others, such as environmental action groups, '' .- ® function at yet another level. The sustainable community develop- :-',. evelop- x n. . ment approach brings all sectors r,Nt� - (.3 �` l-'` together at the beginning of the ' "-- planning process to define an overall vision,or community attitude,from 4 t 1 which specific plans are launched.The advantages of this method are many.It 1.'-4-,......4c, ,- `.'` ' ' 4 promotes civic responsibility among all1'.-Tr!44 T'G „ Il .s. community members.It engages and trains new leaders.Conflict is mini- mized as participants focus on building Rural economic development has changed from the smokestack chasing consensus around one vision.Emphasis of the'70s,or the industrial emphasis of the'80s,to an integrated and on the wise use of the community's limited resources spurs creativity balanced approach for the'90s.Economic development is not something throughout the process. you meet to discuss on the third Tuesday of each month—it is a commu- So how does sustainable community development planning work? It is really nity attitude. very simple. • Involve representatives from all Communities in greater Minnesota A healthy economic and community sectors of the community in the are facing many changes and challenges development attitude is a reality when design of the overall community in this decade,literally forcing new the entire community is focused on a vision for the future.Include people approaches to economic development. common vision for the future that from business,local government, Demographics are changing and balances economic potential,concern finance,education,churches, •populations are shifting.Advancements for people and social concerns,and the citizens group,youth,etc.Bring in technology are revolutionizing just practice of good stewardship of natural them together to answer the about every aspect of our lives.Our resources.This balanced approach is question:"What do we want our community identities are threatened as often referred to as sustainable commu- community to be like in 10 or 20 schools combine,businesses restructure, nity development. years?” Give them an opportunity to and regional centers emerge.Problems discuss what community values they abound related to labor force,housing, want to preserve,in terms of business development and struggling Sustainable community people,and economic and natural families.Youth are leaving the country- development resources. side.Community leaders are looking for Historically,we have considered the • Develop and revise community plans answers that strengthen their commu- various aspects of our community according to that vision.Ask:"Does nity and provide hope for the future planning in isolation from one another. this activity move our community through effective economic and Economic development is carried out closer to our vision for the future? community development. by one group.Human service activities Does it uphold what we value?" • When projects and activities are I completed,take time to celebrate success and to acknowledge the volunteers that helped.Identify and cr.) learn from your mistakes. V When community and economic am development begins with a vision that }`D' hfocuses on how economics,human ,,:ki Community resources and the environment can Vision• complement and build on one another, development activities are impacted in several ways. First,business development efforts '‘IN-‘C build on existing resources—local • otl-° ike4) �eS business people,banking and financial sego assets and partnership opportunities. The needs of the labor force and 8 MINNESOTA CITIES/APRIL 1996 , , „ ,,,., , i Fr' LZ F V E .. 7. T t�.k': to kir 5' 4.4 Development Creating Vision v. Steering '` What do Celebrate Committee Stake i growth and Evaluate Holders fd3', Community y development , c' Coordinate COMMUNITY Input Resources DEVELOPMENT really mean? PROCESS - `'.t f , Implement Write/Publish F . Plans Vision :” -'i' �.i PAUL WILSON ..,K 4. Strategies Goals Resource Task rh According to our current Problems Forces ?'. mindset,economic development _ is usually assumed to mean the Planning same thing as economic growth; _.-. "` the result is expanding resources. • But is that assumption necessarily families in the region are considered, planning the Tannin process,conflicts between ,“t correct. Growth means an increase in ;-.441,11 x along with sensitivity to the development and environmental : g community's overall environmental protection can be reduced,and size or number.Development,on 4 - concerns.Barriers to development,such solutions successfully achieved that the other hand,means bringing '� as inadequate housing and shortages of preserve the quality of life in the something to a fuller or better r; a qualified labor force can be more community. `. state.A society can certainly grow easily addressed within this context. i,_' without developing.Consider :' 0 Lack of housing,for example,can be Initiative fund support economist Herman Daly's addressed by the whole community, The Central Minnesota Initiative : example of a steady-state library. spurring more innovative and creative Fund is a regional foundation based in The stock of books is constant but solutions.Labor force development can Little Falls,Minnesota.Its mission is to not static.As a book wears out or be tackled as a partnership between strengthen communities,families and ;,becomes obsolete,it's replaced by business and education,with a focus on the labor force.Through its business a newer or better one.The sustaining the overall community. financing programs,nonprofit grants, quantity of books does not grow, ' Second,support for children and training and special initiatives,it has and the quality of the library families can become ariori that invested over$16 million in the 14 P tY actually improves.The library crosses all sectors,from education, county region of Central Minnesota. social service and religious ous ou s,to The Initiative Fund assists communities develops without growing. P Sustainable development of business and banking.When the with local development efforts through g human culture means improving ' community focuses on its children as its Community Partnership Program.In the leaders,business owners and labor this program,a combination of leader- the quality of human life while force of the future,they become a ship training and grant funding is living within the carrying capacity primary resource that must be pro- provided over a two-year period to help of supporting ecosystems.What is tected,educated and nourished.The community leaders with visioning and sustained is not a rate of growth, stresses facing today's families,then, planning that guide development but rather a level of physical become a community problem of high activities.Here are some examples: resource use.What is developed is . priority.Youth involvement in commu- • The Waverly Area Visionary Empow- the capacity to convert those nity activities can provide a training erment(WAVE)Project is concen- physical resources into improved ground for good citizenship and build trating on enhancing the quality of goods and services for satisfying the ownership that will engage the next life for citizens.New community human needs,without degrading generation in sustaining and growing signs have been erected,a local the supporting systems.l the community. newsletter is in publication,and Third,stewardship for the downtown improvements are under way.Theyare now planninga Reprinted by permission from,"Changing Direction: community's natural resources can Y Toward Sustainable Culture,"copyright January 1996 become everyone's responsibility,with a SI cross section of people developing and historical museum honoring Hubert H.Humphrey. byu or ast Report-A Newsletter of the Northwest Area enforcing plans and guidelines.When • The Hewitt Revitalization Group is all viewpoints are considered early in working in five areas: supporting MINNESOTA CITIES/APRIL 1996 9 E C C • businesses and economic develop- ment,community projects,cultural activities,housing development,and youth involvement.This community of under 300 is emphasizing an intergenerational approach,with senior citizens and youth leading the effort.Renovation of an old school building will bring together govern- ment offices,historical preservation, cultural enhancements,and access to telecommunications. A The communities of Onamia,Isle, and the Mille Lacs Band of Ojibwe are working with area schools and businesses to improve applied technology education opportunities for students and adults in the area. Local citizens are involved through community meetings. The Central Minnesota Initiative Fund believes that local people are the key resource in identifying needs, solving problems,and creating positive change for communities and families. The energy and commitment from local people has enabled the Fund to • leverage significant financial support from The McKnight Foundation, the Department of Trade and Economic Development,and a variety of other foundations and public and private donors that benefit the region. Accepting the challenge There are tremendous opportunities for community leaders to accept the challenges ahead and to direct the changes we are facing toward common goals for Minnesota communities.The quality of life we hold so dear in rural Minnesota can be preserved and strengthened as we work together with a positive attitude for community and economic development.r Kathy Gaalswyk is executive director of the Central Minnesota Initiative Fund,a regional foundation based in Little Falls which serves the 14 counties of Central Minnesota.The Initiative Fund focuses on strengthening commu- nities,families and the labor force.It has distributed over$16 million in business development loans and • nonprofit grants since its inception in 1986.For more information,call (320)632-9255. 10 Figure 1 EXAMPLE OF A COMMERCIAL FIRE RATING SCHEDULE RATE ANALYSIS The following example uses the Commercial Fire Rating Schedule for the rate analysis. Only the major factors are shown in the rate structure since the emphasis is to depict the effect a Public Protection Class has on a selected property. The rate structure is based on frame construction. Building rate factors would change for other structural classifications.* 1. Occupancy - restaurant 2. Construction - frame 1 & 2 story 3. Special Hazard - cooking equipment 4. Unprotected - i.e., no automatic sprinkler system jf 5. Insured for 90% of the assessed value 6. Assessed value - $274,000.00 Public Protection Class Annual Premium 10 (Unprotected) $6,902.06 9 (Improvement to Semi-Protected) $5,866.34 8 (Protected Class) $5,340.60 7 (Protected Class) $5,277.78 6 (Protected Class) $5,014.20 5 (Protected Class) $4,763.49 4 (Protected Class) $4,526.62 3 (Protected Class) $4,164.36 2 (Protected Class) $4,039.86 It should be noted that the decrease in insurance premiums is not directly incremental to each city improvement. The highest reductions occur between Class 10 and Class 9 and between Class 4 and Class 3. * This example is generic in form and content. Premium values may change from state to state. 29 • Based on this example, a general percentage rate change can be developed for Public Protection Class impact on a specific property. Only the major factors are shown in the rate structure. This is based on wood frame construction. Rate factors would change for other classes of construction.' Change Percent Decrease Class 10 to Class 9 15% Class 9 to Class 8 9% Class 8 to Class 7 5% Class 7 to Class 6 5% Class 6 to Class 5 5% Class 5 to Class 4 5% Class 4 to Class 3 8% 110 Class 3 to Class 2 3% . _ The incremental percents of change reveal that the highest reductions occur between Class 10 (unprotected), Class 9 (semi-protected), and Class 8 (protected); plus the change from Class 4 (protected) to Class 3 (protected). These marked differences reflect significant changes in fire suppression capability as determined through historical record analysis. It is emphasized that the above rate change factors are general in nature and do not reflect any specific rate deviations. Furthermore, these rate relationships only apply to specific rated property. 3.10 Experience Rating for Large Cities The insurance industry has determined that some cities and counties, generally over 250,000 population, have sufficient loss costs to warrant experience rating. This • means that insurance premiums in a given city are adjusted annually based on Loss Cost. Loss Cost represents the aggregate monetary value insurance companies lose by doing The percent of rate change should be used as a general guide only. Adjustment factors are used by each state. • • 30 business in a that city. For over a century, insurance companies have recognized that doing business in some cities is more profitable that doing business in other cities. Statistical data is now available for charting loss ratios in the larger cities. Furthermore, the expense of doing Public Protection Surveys in these cities cannot be justified. A selected group of large cities in several states have been classified as experience rated cities. Experience rated cities retain the Public Protection Classification from the last ISO/CRS Survey. A factor is used to adjust the existing city class up or down based on loss experience. Under current ISO/CRS policy, the statistically rated cities will not be surveyed in the future. Table C lists each state and their statistically rated cities. The effective date is 1992. 3.11 Administrative Perspective ISO/CRS plans to continue applying the FSRS for the purpose of developing city Public Protection Classifications well into the 21st century. Individual cities with populations up to 250,000 simply do not provide sufficient loss cost data for property insurance underwriting. Member companies of ISO/CRS will continue to support the PPC program. Cities may expect to be graded approximately every 10 years. However, a city may request a • survey if factors relating to the grading show a demonstrated improvement that would result in an improved grading. There is a national movement by the International City Management Association and the International Association of Fire Chiefs to develop a fire protection accreditation system for cities. Any accreditation system will not replace the PPC process developed by application of the FSRS. That process will be independent of the ISO/CRS Public Protection Classification. 31 '1 c � ityof / .lk/ River MEMORANDUM TO: Planning Commissioners • FROM: Steve Ach A 1 DATE: April 1, 1996 SUBJECT: April 22nd Historical Society Meeting Program - Cornstalks to Corn Brooms: A Closer Look at Growth in Sherburne County Enclosed is a press release, advertising a program that will be offered by the Sherburne County Historical Society, taking a closer look at growth in Sherburne County. The program will include a slide presentation by Frank Martin and Chris Faust who have documented suburban growth within the metropolitan area since 1990. I had an opportunity about four years ago to • hear both these gentlemen speak on metropolitan growth and make their slide presentation at that time. At that point, they were both in early stages of compiling photographs of metropolitan growth and how this is having environmental as well as physical change on the landscape. Since I originally heard Mr. Martin's and Mr. Faust's presentation, their project to document growth has gained a lot of attention. These two gentlemen do an excellent job in visually presenting growth and development and how it slowly whittles away the rural and agricultural landscape. If your schedules' allow, I would encourage attendance to this session to hear Mr. Martin and Mr. Faust speak about metropolitan growth and suburban development. As I have mentioned before, the impacts of this growth should not be a mystery for communities, because all we have to do is look towards the metropolitan area to see the impacts. The greatest hurdle that we are all stuck with is that these changes happen incrementally over a long period of time and, more or less, happen without fully recognizing the implications until they are happening. If you have any questions or comments, please feel free to contact me at 441- 4902. If I do not have to attend the Council meeting on the 22nd of April, I plan to attend the presentation myself. • s:\planning\ c\growth.doc 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 • Sherburne County Historical Society 13122 First Street - Becker, MN 55308 261-4433 - 441-1880 - 1-800-932-2066 PRESS RELEASE FOR IMMEDIATE RELEASE - APRIL 8, 1996 CONTACT: Lois Gaetz, Programs, at numbers above. April 22 set for Historical Society Meeting. Cornstalks to Corn Brooms: A Closer Look at Growth in Sherburne County. The Sherburne County Historical Society extends an invitation to all those interested in the growth of Sherburne County to attend the April meeting at 7:00 p.m. at the Becker City Hall. • The evening begins with a brief membership meeting to which all are invited. At 7:30 Frank Martin and Chris Faust will present a slide program entitled: The Suburban Documentation Project: The Historic Implications of Metropolitan Growth. Frank, a landscape architect, and Chris, a photographer, began collaborating on the Suburban Documentation Project in 1990. The project is a multi-disciplinary effort to document, understand and publicize the significant environmental effects of metropolitan growth. After Frank and Chris' presentation of the larger view the program will focus on Sherburne County. Brian Bensen, Dan Howard and John Reibel will offer brief remarks on county zoning, development, and growth. Brian is the Sherburne County Zoning Administrator, Dan is the owner of Howard Homes, and John served as a member of the Comprehensive Land Use Plan Task Force. The public will be invited to ask questions of the participants and offer their comments on development. 41 m m 0