Welcome to the Commission! A Guide for New Members 2nd Edition, including the Planning ABC’s Edited by Wayne M. Senville with illustrations by Marc Hughes

Project Manager: Elizabeth Krumholz Cover quote by Stephen R. Burt, from “Being a Planning Commissioner,” in Planning Commissioners Journal, Issue #24

Welcome to the Commission! A Guide for New Members is published by: Planning Commissioners Journal / Champlain Planning Press, Inc. P.O. Box 4295, Burlington, VT 05406-4295

© Champlain Planning Press, Inc. 2012 -- ISBN: 0-9706513-3-3 Please do not photocopy this Guide. For information on purchasing additional copies go to: www.plannersweb.com or call: 802-864-9083. All selections in this Guide are excerpted from articles originally published in the Planning Commissioners Journal.

TABLE OF CONTENTS

Introduction: First “Daze” on the Planning Board 2 Part I: Ten Tips for New Commissioners

1. Listen! 4 2. Educate Yourself 5 3. Be Polite ... And Patient 6 4. Ask Questions 7 5. Do Your Homework 8 6. Avoid “Ex-Parte” Contacts 9 7. Recognize Conflicts of Interest 10 8. Attend ... And Contribute 11 9. Be Independent & Informed 12 10. Make A Difference 14

Part II: The Planning Universe

♦ The Planning Commission 16 ♦ The Local Governing Body 18 ♦ Citizens 20 ♦ Planning Staff 22 ♦ The Law (and Lawyers) 24 ♦ Developers & Builders 26 ♦ Consultants 28 ♦ NIMBYs 30 ♦ The Media 32 ♦ Nearby Communities 32 ♦ Some Additional Observations 34 Part III: Planning ABC’s Automobile - Budget - Comprehensive Plan - Design - Ecology - Farmland - 36 Growth Management - Historic Preservation - Inclusionary - Justice - Knowledge - Land Subdivision - Maps - Neighborhood - Open Space - Public Health & Safety - Quiet - Regional Planning - Sustainable Development - Takings - Urban Sprawl - Vision - Water - X-Rated Uses - Youth - Zoning Your Notes 64 A Short Reading List 66

AN INTRODUCTION FROM THE EDITOR First “Daze” on the Planning Board

any planning com- aside at the conclusion of the missioners look back meeting and reassured me that “I recall rather vividly my ini- with a sense of humor all was well. He told me that M tial commission meeting; in at their first days -- or, perhaps planners had a language all part because I had just broken more accurately, first “daze” -- their own. I would have to my ankle. My movement was as a member of their planning learn what was meant one tentative and uncertain as I was board. meeting at a time. As my sea- unable to coordinate the soned colleague put it, plan- crutches with my arms and For many new planning board ning was like learning how to legs. My sense of rhythm -- members, it’s like entering a drive: it would take awhile and which has never been great -- strange world, with its own there would be frustrations was completely missing. In the special language and rules. along the way; however, words of my youngest child, I I would probably make it.” The primary purpose of this moved like a ‘klutz.’ Guide is to help new board members more quickly feel Once I settled into my seat and Mike is not alone in having a comfortable in their “job” as a the meeting started, it did not memorable first meeting. I re- planning commissioner (or, in take long for me to dismiss the member my own experience. some parts of the country, as a crutches as a problem. In short Even though I had a back- “plan commissioner”). But vet- order, colleagues began using ground in planning, I was eran members should find the king’s English in a manner nervous. I didn’t know most of much of interest as well. that sounded almost foreign. the other commissioners. I They spoke at length about a wasn’t quite sure about how to The first part of the Guide con- PUD and its special relation- participate. And, as luck would tains some “tips” for your con- ship to open space. They also have it, my first meeting in- sideration. Many of the tips are spent a fair amount of time cluded a controversial neigh- from your colleagues -- that is, talking about floor area ratio borhood project -- and a individuals who have served as and density bonuses. crowd of about fifty people planning board members. seemed to be focusing their I was perplexed. The words eyes on me, knowing that I was The second part of the Guide sounded familiar, but they going to have to vote “yes” or introduces you to some of the made little sense in the context “no” on a project of special players in the “planning uni- of the discussion. importance to them. verse” you’re likely to encoun- ter along the way -- including, PUD sounded like a dog run- Many planning board members most importantly, your local ning loose in an open field and have gone through a similar governing body. floor area ratio with density experience – or have, like Mike bonus sounded like a carpeting Chandler, felt the strangeness But first, I thought you might job. at being suddenly thrust into a enjoy hearing Mike Chandler But this could not be right. world with its own peculiar recount his first days or “daze” language. as a member of the Blacksburg, This was a planning commis- Virginia, Planning Commission sion meeting. What was wrong I hope this Guide will help (since that early experience, with me? Was I missing some- make your transition to plan- Mike has moved on to become thing? What was this language ning board member a bit easier one of the best teachers of I was hearing and what did it and more rewarding. planning skills in the country mean? ... and author of a regular col- Fortunately for me, a veteran Wayne M. Senville, Editor umn in the Planning Commis- of the commission took me Planning Comm’rs Journal sioners Journal).

2

Part I:

Ten Tips for New Commissioners

TIP #1 FOR NEW COMMISSIONERS LISTEN!

When They Speak, sonable public evaluation of the ways give them what they want. Do You Listen? proceedings that occurred. But they do want -- and deserve – to have their points-of-view “I know you hear me, but are Be aware of what you say and listened to and acknowledged. you listening?” Nearly shouting how you say it. When you an- with exasperation, a frustrated swer or respond to a public From, “When They Speak Do citizen confronted her commu- comment, do you engage in a You Listen?” by Elaine Cogan. nity’s planning commission af- dialogue or in a monologue? In other words, do you have ter a particularly heated public Do Be Attentive meeting on a controversial zone your set speech or point-of-view change. no matter what the citizens say, or do your responses show you Those appearing before you have probably spent hours and The chair of the commission were listening? hours preparing and rehearsing took exception to her question. their arguments. The least you “Of course we’re listening. One effective approach is to re- can do is listen and make them What do you think we’ve been spond to each individual by think that you are as interested doing the last four hours?” name. If you are not personally acquainted, give your memory a as you should be. Refrain from They may have thought they boost by jotting down their talking to other members, pass- were listening, but the decision names as they introduce them- ing notes, and studying unre- made by the planning commis- selves. Then, take care to couch lated papers. sioners soon after the meeting your response in terms the citi- From, “The Riggins Rules” by did nothing to convince a skep- zen has raised. “Yes, Mrs. Fred Riggins. tical public. The commissioners Jones, I can understand your voted unanimously to endorse concern that widening the street their previous stand on the issue will take out those two old oak All the People without any acknowledgment of trees. Several of your neighbors the public comments they had have also raised that issue.” Listen to all the people and not ostensibly been “listening to” just those who fit into a neat ... During the commissioners’ the previous four hours. stereotype of “desirable citizen.” discussion after the public Worst traits often come out at a comment period is over, look It is possible that no amount of public zoning or planning hear- for ways to give further evi- public discussion would have ing. But angry, obstreperous or dence you were listening. “Ac- changed the opinions -- and the noisy people are not necessarily cording to what we’ve heard votes -- of the planning commis- wrong. sioners, and it is entirely within today, several citizens seem to their rights to reaffirm their think that it is better to save the Neither are minorities who do original opinion. But once they trees than widen the street. I not speak English well or under- opened up the discussion to the would like to explore this fur- stand bureaucratic procedures. It citizens, they should have ther before we make a deci- is important to give polite atten- showed by their questions and sion.” Or, even if you think the tion to everyone -- people you other responses that they con- citizens are off track, you should may not want as friends or sidered the public’s input seri- acknowledge what you heard, neighbors, newcomers as well as ously before they took another and then go on to state why you those whose forebears settled vote. “Why did we bother to disagree. the place. come? They didn’t even hear what we were saying,” is a rea- Most citizens are reasonable, From, “It’s Time to Discuss the and understand you cannot al- “P” Word” by Elaine Cogan.

4 TIP #2 FOR NEW COMMISSIONERS EDUCATE YOURSELF

Learning the Language Most of a planning commissioner’s work is You have been active in com- done at meetings. munity organizations and causes. You are intelligent and Meetings are where you enthusiastic. You have even at- interact with the public tended some planning commis- and developers, hold sion meetings, like that time hearings, and make there was a rezoning in your decisions on the cases neighborhood. You know what before you. While it is planning is all about, right? the chair’s responsibility to keep the meeting Then you get your first agenda running smoothly, you packet and you discover there should know enough are a few things about planning meeting protocol to you do not know. make proper motions. You also need to know your Getting Oriented The agenda and its staff reports state’s open meeting laws and are written in a language you conflict of interest laws Get to know your material and only partially understand. your commission make-up as Common words seem to have The respective roles of staff, soon as possible. Zoning codes different meanings and some commission, and governing can be unwieldy and difficult to words have no meaning to you: body are especially important. read through. Mucking through “variance,” “findings,” “condi- You were appointed to fulfill the sign provisions of your zon- tional uses,” “nonconforming,” your role, not staff’s and not the ing code can be pretty tiring. It’s “mitigation measures.” Many governing body’s. It is very im- better to orient yourself by sit- new planning commissioners portant that you understand how ting down with the retiring leave their first meeting feeling this works in your community. commission member, the chair, dazed and confused. From, “The New Commissioner or another experienced member. As a new commissioner you -- Dazed & Confused,” by Let them quickly outline the need to have some early orienta- Sharon Wiley Hightower. various documents and maps tion or training so that you can with which you will be working. better understand what is ex- Not only will these individuals pected of you and so that you Talk With Staff concisely summarize the zoning can do a better job sooner. The structure, they will often iden- training can come from many Talk with the staff. It’s not al- tify the controversial areas, and different sources. Your planning ways possible to have great an- the political and public hot pota- department staff or a consultant swers to every question during toes that can lead to lengthy can provide it soon after your the meeting. Giving the staff a meetings and distressed appointment. You can attend a heads up on your questions is neighbors. They may also give seminar or conference with spe- greatly appreciated! you a better understanding of cial sessions for new commis- the group dynamics in which sioners. You can study on your From, “Sitting on Both Sides of you will work. own and talk to “old” commis- the Table,” comment by Austin sioners. ... Bleess. From, “Orient Yourself,” by Theresa Long.

5 TIP #3 FOR NEW COMMISSIONERS BE POLITE ... AND PATIENT

Common Civility mediately involved in a fight. Patience Don’t answer or try to defend Too many public meetings de- yourself. You are there to hear It will not take long after you generate into name calling and testimony and make decisions have joined the planning board chaos through neglect of com- based thereon, not to head up a to become an “insider.” You mon civility. Citizens who brave debating society. will begin to understand profes- ice storms, heat waves, or the sional planning jargon and may comfort of their living rooms to Remember, you are the judge even be able to decipher plat show up at a public forum de- and the jury. In most cases, it is maps and legal documents. serve our respect, no matter how sufficient to say, “thank you we feel about their opinions. It very much for coming here and That knowledge, which is essen- is important that public officials giving us the benefit of your tial to doing a good job on the speak in measured tones, ad- thinking. I am sure that the commission, can also cause you dress each person appropriately, members of this body will give to be impatient with lesser in- and otherwise model the kind of your remarks serious considera- formed citizens who slow down behavior they expect from the tion.” commission meetings with sim- audience. ple or elementary questions. From, “The Riggins Rules,” by Is your tone sarcastic or angry? Fred Riggins. Patience may be the first attrib- Most perpetrators of this behav- ute you lose when it should be ior usually accompany their the one you hold on to most te- words with folded arms and Show Respect naciously. frowns. “Well, sure, you just From, “Starting Out the New Respect the questioner even never saw the signs we posted” Year on the Right Foot,” by when you doubt the question. or “You don’t really expect us Elaine Cogan. to believe you didn’t notice your People ask dumb questions ... brother-in-law’s violation.” hostile ones ... tough ones ... all Similar to assuming guilt, this of which you should answer as type of posture puts you at a directly as you can, but always disadvantage because people respectfully. will tend to side with someone Those three who is being insulted. little words, “I don’t From, “Ask Questions Well and know,” fol- You May Even Receive Worth- lowed up by while Answers!” by Elaine Co- “but I’ll find gan. out for you,” should be

high in your Don’t Become Involved vocabulary. in Altercations From, “You, Some persons seem to come to Too, Can hearings with the express pur- Speak So pose of “telling them guys down People Will there how the cow ate the cab- Listen!” by bage.” If you answer their ir- Elaine Co- relevant rantings, you are im- gan.

6 TIP #4 FOR NEW COMMISSIONERS ASK QUESTIONS

“The Only Dumb stable or not. Don’t take things Question ...” for granted. Ask the right ques- tions, and make sure of the fact Once appointed, don’t be reluc- that the soils are indeed stable. tant to ask questions of other board members and the planning Ask the Hard Questions. My staff. The staff is there to assist favorite is, “Is this just your and advise the board. At your idea, or do you have any evi- board’s public meetings, ask dence to back it up?” No cate- questions. Other board mem- gory of comment is more bers, or citizens in attendance, common at a zoning hearing may have the same question in than unsubstantiated “fact.” the back of their mind. The old Comments like, “It will de- adage “the only dumb question crease my property values,” or is the one not asked” is true. A “The traffic impacts will hardly new board member will not (and be noticeable” will plague you should not) be chastised for ask- all your days. Sift through the ing basic questions to under- testimony for relevant planning stand the issue before the board. information corroborated by evidence. From, “The Only Dumb Ques- When In Doubt tion ..., “ by Stephen DeFeo, Jr. Keep in mind that aside from expert witnesses, and without One of the responsibilities of the evidence, one person’s opinion planning commission is to as- Ask the Right Questions is just about as valid as an- sess the evidence presented. ... and the Hard Ones other’s. Be fair, but be discrimi- What is often a difficult concept nating in what you choose to for many commissioners to ac- Learn to ask the right questions accept as truth. cept is the fact that you do not of applicants, staff, and the pub- have to believe everything that lic -- and don’t assume the un- From, “Being a Planning Com- you are told. If you have doubts stated. If you ask the wrong missioner,” by Steven R. Burt. about what you are hearing, you kinds of questions the answers can and should ask for better will be meaningless. “Plannerese” documented information. For example, it may be “logical” It is true that if an applicant that a developer would only Don’t be afraid to ask questions! meets the requirements of the propose development on safe, Planning is a specialized field regulations, you must approve stable soil. It seems “logical” and planners often speak and the application. However, some that he wouldn’t want to risk write in jargon or “plannerese.” evaluation of evidence is usually future problems with develop- required. Very few codes are ment on soil of unknown or un- I can tell you that there are oth- entirely quantitative in nature. stable characteristics. He may ers in the room that don’t under- Indeed, if a set of regulations even profess to “value” safe, stand, are a bit embarrassed, and were entirely quantitative in na- well-engineered projects. Eve- need someone to speak up. ture, there would be no need to ryone values safety, surely. But From, “Sitting on Both Sides of have a planning commission. neither issue of “logic” or the Table,” comment by Ann “value” has anything to do with Bagley. From, “Getting Even,” by Greg the reality of whether the soil is Dale.

7 TIP #5 FOR NEW COMMISSIONERS DO YOUR HOMEWORK

Before the Meeting additional information, do you And you will make some horri- ask staff to get it for you? ble and disturbing decisions. Preparation in advance of the meeting will make you a more I’m certainly not saying that you From, “The Riggins Rules,” by effective board member, better should have all your questions Fred Riggins. suited to serve your community. answered and your mind made It is not fair to the applicant, up before the meeting. How- fellow board members, or the ever, if staff can gather addi- community you were sworn to tional information to assist the See the Sites serve to enter the meeting un- process, it will benefit the com- prepared. Open the plans and mission, the staff, and, in many A resident in our town sought a read the documents relating to cases, the applicant. variance of a few feet to erect a items on the agenda before the garage addition he had planned For instance, you may want to meeting. Know what the agenda over a decade ago. Now that he refresh your memory regarding items entail and what action the could finally afford to build it, a previous similar request. Often board is expected to take. But he found that the town had locating this type of information don’t worry about being an ex- changed the zoning. So he requires “digging” in archived pert or an authority on the issues needed a variance. files. Staff can either supply the before the board. information to you before or at Had I not gone by the house From, “The Only Dumb Ques- the meeting. I wouldn’t have known that the tion,” by Stephen F. DeFeo, Jr. footing for the house had been From, “Planning from Different poured long ago. Have you read the agenda Perspectives,” by Carolyn L. Unfortunately, one of our board packet ahead of time and pre- Braun. members, who hadn’t seen the pared for the meeting? As you site, asked “Why can’t you just prepare and find you need Do Your Homework shift the addition a little this way?” -- a remark that I thought Spend any amount of would cause the poor applicant time necessary to to have a cardiac arrest. The become thoroughly color left his face, he went into a familiar with each sweat, and began stuttering! matter which is to come before you. While no harm was done -- we granted the variance -- as a It is grossly unfair board member you should do to the applicant your best to take a look at the and to the City projects you’ll be acting on. for you to act on From, “Lessons From Nine a matter with which you have Years on a Zoning Board,” by no previous Douglas C. Hageman. knowledge or with which you are only vague- ly familiar.

8 TIP #6 FOR NEW COMMISSIONERS AVOID “EX PARTE” CONTACTS

“Bending Your Ear” matter that is not yet formally body with an applicant or objec- before the commission does not tor prior to the filing and prior to Consider the following scenario: eliminate the problem. the hearing if it can be politely you are approached by a devel- avoided. oper who is considering acquir- The second mistake was to ac- ing a large parcel for develop- cept something as confidential In the event that it is not avoid- ment into a major retail facility. information. Planning commis- able, and many times it is not, He asks if he can “bend your sioners are, in fact, public offi- be very non-committal ... ex- ear” a bit, and gain an under- cials. Any public official, in- plain that you are only one standing of how you might view cluding those serving on com- member of the body, that you a zone change on this property missions, should as a general have not had an opportunity to to permit the facility. ... In the rule consider information pro- study the matter thoroughly, that interest of wanting to be helpful, vided them to be public infor- you have not seen the staff rec- you agree. During the conversa- mation. (I do not mean to in- ommendation, and that you have tion, you indicate your belief clude information the commis- no way of knowing what oppo- that the zone change is a good sion, as a body, is legally au- sition there may develop or what idea. … thorized to treat as confidential, will occur at the public hearing. such as discussion of pending The first mistake made by the litigation or personnel matters). Be certain that the person con- planning commissioner in our cerned understands that you scenario was to agree to meet If information you obtained cannot commit yourself in any with the developer. This meet- through a confidential discus- manner, except to assure him ing would be considered an “ex sion ends up having relevance to that he may expect a fair and parte” contact, meaning that it a public matter before the com- impartial hearing. occurred outside the public mission, you will have an ethi- From, “The Riggins Rules, by realm. ... cal obligation to disclose it. … Fred Riggins. The literal meaning of the term The third mistake made by the

“ex parte” is “one-sided.” This, “helpful” commissioner in our of course, suggests that when hypothetical was to give an About Email you engage in an ex parte con- opinion about the merits of the possible rezoning. A commis- One other caution on ex parte tact, you are engaging in a one- contacts … treat email commu- sided discussion, without pro- sioner’s credibility is under- mined by announcing a position nications just as you would hard viding the other side an oppor- copy or oral communications. It tunity to respond. on a matter before the public hearing occurs. Moreover, pre- is amazing to me how people Obviously, commissioners can judging matters harms the tend to view emails as somehow and do have outside contacts credibility of the commission as being under the radar screen. with many members of the a whole by raising doubts about The reality is that email com- community, including develop- the integrity of the process. munications between you and ers. While such contacts are of- other commissioners or inter- ten appropriate, a line must be From, “Bending Your Ear,” by Greg Dale. ested parties about matters be- drawn when they involve mat- fore you are likely to be consid- ters which the commission is ered public record, and you may likely to act on in its capacity as be required to produce them. a review body (e.g., when re- Politely, Say “No” viewing development proposals Don’t discuss a case privately From, “Revisiting Ex Parte or rezoning requests). Moreover, and as a single member of a Contacts,” by Greg Dale. the fact a contact occurs on a

9 TIP #7 FOR NEW COMMISSIONERS RECOGNIZE CONFLICTS OF INTEREST

Why Care About of your concern to the planning An Ounce of Prevention ... Conflicts of Interest? commission. Be sure to make this disclosure before beginning As with many things in life, it Conflict of interest questions are discussion of the item. makes sense to plan for contin- part of the larger due process gencies. Take the time to be- consideration of the impartiality Let the Commission Decide come familiar with whatever of the planning board or com- legal restrictions involving con- Rather than an individual plan- flicts of interest apply in your mission. Simply stated, every ning commissioner making a party before your board is enti- state. It may benefit your full unilateral determination on con- commission to schedule an in- tled to a fair hearing and deci- flict questions, consider estab- sion, free from bias or favor. formal meeting or workshop lishing a procedure whereby a with your city or county attor- Having a conflict of interest can commissioner may request per- threaten that impartiality. There- ney to discuss hypothetical con- mission to be excused, or re- flict of interest (and other ethi- fore, it is critical that conflicts quest permission to participate, be identified and dealt with in cal) concerns and how to deal and let the commission make the with them.. an appropriate manner. determination. This has several The issue of conflicts of interest effects. First, it removes the From, “Conflicts of Interest – A is particularly acute when a burden from the individual. First Look” and “Caution: Con- planning board member has an Second, it allows for the possi- flicts of Interest,” by Greg Dale. bility that the commission may interest in developable real es- tate. While none of us like to disagree with the individual think that we have given up commissioner’s determination. Disqualify Yourself some right by agreeing to serve Err on the Side of Caution on the planning board, the most Don’t fail to disqualify yourself sensitive ethical area involves a if either directly or indirectly When faced with a potential you have any financial interest perception that a planning board conflict, readily agree that you member is acting in a way to in the outcome of the hearing, are willing to step aside if the and let your conscience be your advance his own interests in pri- commission so desires. Any in- vate property development. guide where it could be said that sistence on your part to stay in- moral, ethical, political, or other volved will only create the im- As a planning commissioner considerations, such as personal pression that you have a reason you are a public official. As animosity, would not permit you “to stay involved.” such your actions are sure to be to make a fair and impartial de- under scrutiny by members of cision. ... Leave the Room the public and by your local To avoid all accusations of un- media. The slightest stumble in Once a determination has been how you deal with ethical issues due influence, it is generally made that there is a conflict or wise to leave the room and ask has the potential to flare up into potential conflict the simplest controversy. that the record show that you course of action is for that did so and that you did not indi- commissioner to simply leave When in Doubt, Disclose cate by word or action whether the room. Out of sight, out of you were in favor of, or opposed If you believe that you have a mind. Continuing to sit silently to, the matter under discussion. conflict of interest or a situation with the commission or even that could create the impression moving to the audience is not From, “The Riggins Rules,” of a conflict of interest, the saf- good enough. Leave the room. by Fred Riggins.. est route is to disclose the nature

10 TIP #8 FOR NEW COMMISSIONERS ATTEND ... AND CONTRIBUTE

Be There ... On Time Call In Many absences are obviously legitimate, and scheduling Don’t accept an appointment or Serving on a planning commis- constraints often make it diffi- nomination to a Board, Com- sion means having to attend cult to both prepare for and mission, or Council unless you meetings. Just as you would do attend meetings. But often expect to attend 99.9999 percent with your employer, you should times the problem is more a of the regular and special meet- call the planning staff or the reflection of the low priority ings. planning commission chairman that the ghost commissioner if you know you will be unable places on serving on the com- If your participation falls below to attend a commission meeting mission. 85 percent during any six or be arriving late. months’ period, you should ten- From, “The Ghost Commis- der your resignation. You aren’t From, “Getting the Job Done” sioner,” by Greg Dale. doing your job. You aren’t by Michael Chandler. keeping well enough informed to make intelligent decisions, Contribute and you are making other people You Need to Attend! do your work for you and as- Failure to regularly attend meet- Recognize that you have an ob- sume your not inconsiderable ings can result in a number of ligation to contribute to your responsibility. problems. It can create poor mo- planning and zoning meeting, even if you don’t have a set of Do be on time. If the hearing is rale on both the part of staff and fellow commissioners. It can initials following your name and scheduled at 7:30, the gavel can’t name the planner who laid should descend at the exact make decisions more difficult to reach -- and can, at times, make out the streets of Paris. It’s not a hour, and the hearing begin, if “chance” to contribute; it’s an there is a quorum. If you have to it harder to obtain a quorum for doing business. “obligation” by virtue of your wait ten minutes for a quorum appointment. Study any staff and there are 100 people in the This is a disservice to appli- reports, maps, and the like, and room, the straggler has wasted cants, as well as to members of come prepared to contribute. two full working days of some- the public, who are entitled to one’s time besides creating a action on a project request. ... Planning commissions are very bad beginning for what is a Finally, it can cause resentment places for people who care and very important occasion for on the part of those commis- want to make a difference to most of those present. sioners who are doing their job, their communities. From, “The Riggins Rules,” and create a poor public image From, “Being a Planning by Fred Riggins. of the commission. Commissioner,” by Steven R. Burt.

11 TIP #9 FOR NEW COMMISSIONERS BE INDEPENDENT & INFORMED

The Planning fellow board member tearing the relationship between the com- Commission’s Role envelope open at the meeting. mission and staff. Professional planning staff have the training A central function of a planning If you have a professional staff and ability to provide the com- commission is to provide an ob- you should obviously review the mission with valuable informa- jective, and independent, voice staff report carefully. If not, then tion and insights. Planning on matters relating to a commu- you should review the applica- commissions should take full nity’s long-term development. tion itself. Also, there is no sub- advantage of staff expertise in This is especially important stitute for viewing the subject making decisions. since local governing bodies are site and the surrounding area. ... (quite naturally) more sensitive It is also helpful to review the However, both commission and to public opinion and the de- zoning code and comprehensive staff should recognize the obli- mands of various special inter- plan provisions that are relevant gation of the commission to act ests. to a particular request. in an independent manner. Planning historian Larry Gerck- Do not confuse independent From, “Independent and In- ens has noted that “citizen plan- judgment with personal bias. formed” by Greg Dale. ning commissioners were put in The comprehensive plan and the that position not to execute ad- regulations that implement that plan represent the policies and ministrative chores for city council, but to provide insights laws that you are bound to up- into the problems and potential hold, regardless of your own of the community, and to pro- personal biases. vide leadership in the solution of Can one do too much to pre- problems before they arise.” pare? Always remember that (see, p. 17) your decision must ultimately be

Moreover, the American Plan- based upon evidence in the pub- ning Association’s “Statement lic record. Many commissioners, of Ethical Principles in Plan- in their well-placed enthusiasm ning” notes that: “Planning to be as prepared as possible, engage in independent process participants should ex- ercise fair, honest and inde- investigation that involves discus- pendent judgment in their roles as decision makers and advi- sing pending cases sors.” (emphasis added) before the com- mission with What are some of the basics to interested parties to that applic- ensuring that a commissioner is well-informed, and capable of ation. Such ex- exercising his or her independ- parte contacts ent judgment? are improper and should be avoided. First, be sure to open your meet- See Tip #6. ing packet before the meeting! OK, maybe that is too basic, but Another aspect of this many commissioners have issue has to do with the cringed to hear the sound of a

12 Facing Friends and Neighbors opposition. This time, many consistent decisions give you friends and neighbors may be more credibility. But rest as- As planning commissioners, standing before you. One by one sured, it won’t always be easy. I’m sure you have heard diffi- they make impassioned pleas cult requests from friends or against the proposal. Once From, “Planning from Different neighbors that do not comply again, you are in a difficult posi- Perspectives,” by Carolyn L. with the code. It is hard not to tion ... how can you approve this Braun. be empathetic with your request with so many people in neighbors. They stand before opposition? How could this pos- you, looking at you, hoping you sibly be best for the community? Think It Through -- of all people -- will under- How could all of these people stand and help them. After all, A new member has to do a lot of be wrong? you live there. homework to understand what Your staff, though they may the whole thing is all about. Silently, you wonder whether empathize with your friends and Also, a new member needs to granting the request would be neighbors, are usually not under realize that in meetings there’s that bad. After all, it really the same pressure as you. While sometimes pressure from some wouldn’t hurt anyone. What’s a both your job and theirs is to group to resolve a problem couple of feet in the greater quickly. scheme of things? review projects to determine whether they comply with the I think new members are more Similarly, you may be called on code, staff members do not likely to feel they have to get to decide applications that have make the final decision. You do. this decided, or they’ll make an evoked strong neighborhood It is tempting as a commissioner extremely positive statement which they cannot change, or to simply make a popular deci- sion. It has been my experience, feel they can’t change.

however, that in the long run It’s important to realize that perhaps your first reaction to something may not be the best -- and that you might change your mind as you think it through. I know I’ve had that experience where something looks pretty

good right at the beginning and then as we thought about it, talked about it, and put it over for another month we began to realize what some of the under-

lying issues were.

From, “A Roundtable Discus- sion,” comments of Carl F.W. Kohn.

13

TIP #10 FOR NEW COMMISSIONERS MAKE A DIFFERENCE!

A Commitment Show Some Passion honor and respect others who to Excellence are equally impassioned. We rarely think of passion as a There are fundamentally three quality of an effective planning From, “Starting Out the New types of planning commission- commissioner. Passion need not Year on the Right Foot,” by ers. The first type thinks they be stubbornness or unwilling- Elaine Cogan. ness to examine all sides of an should have some title after their last name and planning commis- issue. It does require, however, sioner is as good as any. The that you are willing to speak out Roll Up Your Sleeves second type believes in giving or hold out on some matters on public service, prepares well for which you feel very strongly, In my zeal to learn the ropes, commission meetings, and par- even if you are a minority of I rolled up my sleeves and ticipates thoughtfully. The third one. plowed through as many books type of commissioner, however, and articles as I could find. At least once in your career as a takes this one step further. Be- Then, as each project or zoning planning commissioner there cause of a personal commitment application was set to come be- should be an issue of sufficient to excellence, the third type will fore our board, I researched the importance that you will want to make an extra effort to become applicable regulations and stat- be its champion, regardless of especially well informed about utes before the meeting, because the consequences. On the other their community, about planning I didn’t want to make unin- hand, do not give the same level ideas and techniques, and about formed decisions -- nor did I of passion or support to every ways in which the planning wish to look stupid in public. issue, or, like the boy who cried commission can work towards wolf, your colleagues and the The result was that I sometimes creating a better community. community will not be able to had a leg up on some of the From, “What Type of Planning recognize those issues that other board members, and Commissioner Will You Be?” really concern you. I occasionally found myself by Ron Ames. catching details others had Passionate espousal of your missed. ... point of view requires that you Now, as I drive around town and see subdivisions springing up and new businesses coming to

town, I like to take my friends or visiting relatives with me,

because it’s fun to point out the changes I helped to make. From, “Skills You Will Need,” by Ann R. McReynolds.

14

Part II:

The Planning Universe

Obviously at the center The second, and often most of the planning universe! time-consuming, function Planning commissions often involves review of develop- have two distinct functions. ment proposals, such as site The first involves preparation plans and subdivision plats. and revision of the communi- In some states the planning ty’s comprehensive (or munici- commission makes the final deci- pal) plan and local land use sion on these, subject to possi- regulations, such as the ble court review. In other zoning or subdivision states, the planning commis- code. This role is typical- sion recommends a decision ly advisory to the local The Planning that the local governing governing body, with body can modify. the planning board for- Commission With both long and warding a recommended short range planning plan (or ordinance) to responsibilities, planning the governing body for commission members can consideration. justifiably lay claim to being at the hub of the planning universe! THE PLANNING UNIVERSE THE PLANNING COMMISSION

The Planning Not having the final word can be Don’t Apologize! Commission a difficult thing – especially when the commission expends They jump into the middle of & The Plan great amounts of time and energy their neighbors’ business, staying Planning commissions have nu- only to have its advice rejected up late at night to attend meet- merous duties and responsibili- by the governing body (though, ings, attempting to play Solomon. ties. Chief among them is the hopefully, this will not happen If they had any sense, they’d be preparation of a comprehensive too often). Don’t let this discour- at home playing cards. plan for the community. age you. Instead, look for ways your commission can advance the Around the neighborhood they Whether we label our plan com- cause of good planning, and may be considered opinionated, prehensive, master or general, we strengthen its relationship with nosy, busybodies, or “butt-in- are, in most instances, describing the governing body. skis.” But around City Hall the same thing. For most com- they’re accorded the title of munities, a comprehensive plan Remember that as a planning “planning commissioner.” commissioner you’re responsible is the physical manifestation of Whether it’s an honor or a burden putting down on paper the hopes, for focusing on the long-term. Most elected officials appreciate depends on what you’re able to dreams and goals a community make of it. ... holds for itself. this forward thinking role. From, “The Planning Commis- From, “Being a Planning Com- Properly done, a comprehensive missioner,” by Steven R. Burt. plan will describe how, and at sion As Independent Advisor,” what pace, the community de- by Michael Chandler. sires to develop physically, eco- Providing Insights nomically, and socially. The plan functions much like a roadmap; it The Perfect Place for It’s easy to sit back and wait for is a means to an end. Leadership problems to arrive at the planning commission. All of a commis- From, “Developing the Compre- The planning commission can be sioner’s time can be spent stamp- hensive Plan,” by Michael Chan- the perfect place for leadership to ing out brushfires and processing dler. emerge. First, because it’s where standard reviews. many community disputes re- ceive their earliest hearings, so if But it is worth recalling that citi- Forward Thinking the community needs to learn zen planning commissioners Advisors new ways of resolving disagree- were put in that position not to ments, the commission can be execute administrative chores for Planning commissions serve as where it learns them. Second, city council, but to provide in- independent advisors to their lo- with its mandate for planning, the sights into the problems and po- cal governing body on planning commission is concerned with tential of the community, and to and land use matters. Keeping the community’s future. If new provide leadership in the solution this in mind is important when ideas are needed, where better for of problems before they arise. considering a planning commis- them to be developed and aired? sion’s relationship to the govern- From, “Community Leadership ing body. From, “Making a Difference,” & the Cincinnati Planning Com- by Otis White. mission,” by Laurence Gerckens.

17 The Local Governing Body Your mayor and local legislative body, whether it be a city or town council, or board of county commissioners, are key players in the planning universe. Indeed, a responsibility the adoption of zoning ordinances, for setting the planning process in motion subdivision ordinances, and other rests with the local governing body. In regulations designed to implement the most states, the process begins with the comprehensive plan. In some states, the governing body and/or mayor appointing governing body also makes the final the planning commission. decision on development approvals. The comprehensive plan, which is Planning commissions need to keep typically produced by the commission, the mayor and governing body well cannot go into effect without being informed of planning initiatives, as elected adopted by the governing body. Similarly, officials generally like to know what’s the local governing body has final say on going on and frown upon surprises. THE PLANNING UNIVERSE THE LOCAL GOVERNING BODY

Not Having the the Board. It is the Council’s job The Board functions like a tech- to create a capable Board with a nical consultant to the Council Final Word balance of experience and ex- recommending effective ways to Not having the final word can pertise. However, the Council accomplish the general commu- be a difficult thing -- especially then needs to leave the Board to nity goals requested by the when the commission expends do its job. Council. The Council gives a great amounts of time and en- sense of direction to the Board. The two groups have distinctly The Board then uses its special- ergy only to have its advice re- different jobs: jected by the governing body ized background and expertise (though, hopefully, this will not Councilors are policy makers. to make recommendations back happen too often).” They are elected by and are re- to the Council. sponsive to the public whom But don’t let this discourage The recommendations may be they represent in all its various creative and far reaching. They you. Instead, look for ways your constituencies. commission can advance the may be more complex or techni- cause of good planning, and The Board members, on the cally innovative than the Coun- strengthen its relationship with other hand, are not policy mak- cil ever imagined. But, it is the the governing body. ers. They are appointed to work Council that makes the final de- within the ordinances adopted cision with whatever political Remember that as a planning by the Council. They work considerations it deems appro- commissioner you’re responsi- within already established pol- priate. ble for focusing on the long- icy and do not change policy Each role is vital to a smoothly term. Most elected officials ap- based on public comment. preciate this forward thinking functioning community. But role because it allows them to Even if the room is packed with they are separate. gauge the public’s receptivity to citizens arguing that a permitted From, “Town Councils & Plan- future courses of action.” use be denied in a site plan hear- ning Boards,” by Pamela ing, it is not the Planning Plumb. From, “Linking Elected Offi- Board’s role to change what is cials with Planning,” by or is not permitted. It is their Michael Chandler. role to apply the given ordi- Who Are the Politicians? nance. If the public does not like what The planning commission’s The Different Roles of marching orders are to provide the Governing Body and the ordinance permits, then the Council is the place to get it the best advice to the governing Planning Board changed. Similarly, if the Board body as laid out in the compre- hensive plan, mindful of the po- A misunderstanding of roles is is concerned about the impacts of applying a given ordinance, tentially evolving notion of the the most frequent barrier to a health, safety, and welfare of the positive relationship between their option is to recommend changes to the Council. whole community ... planning councils and planning boards. commissioners MUST remain What are the roles? The Council Even in the process of rewriting above politics.” or developing new ordinances, begins with the responsibility of From, “Putting Some Oomph appointing the members of the Council is still the policy maker. Into Planning,” comments by Jim Segedy.

19 Citizens For planning commissioners who have universe, and one that planners must just concluded a prolonged or heated reckon with if the planning process is to public hearing, the happy, smiling citizens have any long-term value. A challenge illustrated above must appear as a cruel joke facing many localities is deciding how best or a scene that could only take place in to include citizens in the planning process. outer space! Perhaps, however, the citizens A multitude of strategies, each with par- have just returned from a dynamic and ticular strengths, are possible. If planning is exciting workshop helping to envision the to succeed, however, the question will not community’s future! be whether citizens should be involved in Citizens are an essential (perhaps the planning for the future, but how to get most essential) element of the planning them involved. THE PLANNING UNIVERSE CITIZENS

Engaging the Public • Engagement creates opportuni- We Need to Listen to ties for planning boards to deliver Their Stories “Public sentiment is everything. improved recommendations. With public sentiment nothing My grandmother used to tell me, can fail; without it, nothing can • Engagement can help establish “We have two ears and one succeed.” – Abraham Lincoln at a more consistent framework for mouth because listening is twice Ottawa, Illinois, 1858. appointed and elected officials to as important as talking.” make informed decisions about As planning commissioners, it is key issues. A few years ago, Jim [Segedy] vital that you find meaningful was working with a rural Mid- ways to engage the public in the • Engagement fosters enthusiasm western community to develop a planning process. Too often, and excitement about best plan- new comprehensive plan. The communities simply go through ning practices, and involves the interviews with elected and ap- the motions of advertising in the public in important policy con- pointed officials had gone well, local paper, posting a notice in a siderations. and the public meetings were public place, or notifying prop- • Engagement allows planning well attended, but the actual us- erty owners because state law or board members and staff to ex- able community input was local policy requires it. tend their knowledge of the sparse. So in an infrastructure focus group, I asked, ‘What was While these requirements do community. the most exciting day in your have some value, they may repre- From, “Engaging the Public” town?’ sent little more than soliciting by Larry Frey. objections rather than construc- Right away several folks talked tive engagement. about the tornado that had hit a few years before. From their sto- Faced with a continual barrage of The Challenge ries of the storm striking with no lengthy agendas or highly con- The inability to achieve a public warning, residents suddenly real- troversial items, planning boards consensus about what kind of ized that a storm warning siren and staff understandably, but un- future a community intends to network was an important infra- fortunately, tend to overlook the create for itself is a fundamental structure and public safety need art of more creatively engaging reason land use planning fails. they had overlooked when writ- the community. ing their new plan. To be successful, planning must While engagement strategies can reflect the wants, needs, and de- The act of listening to someone’s take time and effort, they offer a sires of the citizens who live in story allows them to listen to it as number of benefits: the community. Thus, a primary well -- this is empowerment at • Engagement advances the plan- challenge facing a planning the most basic level.” ning commission’s credibility commission involves developing From “Inviting Them In: Using and creates an atmosphere of an effective strategy for getting Story as a Planning Tool,” by trust. citizen input in the planning process. Lisa Hollingsworth-Segedy. • Engagement allows the public to be part of the solution to com- From, “Developing the Compre- munity issues. hensive Plan, Part II,” by Mi- chael Chandler.

21 Planning Staff Many towns, cities, and counties employ a local planner or planning staff to manage, in partnership with the planning commission, the local planning effort. It is important that the planning commission and planning staff agree on ways to foster a mutually beneficial work relationship. Clarity regarding roles, duties, and expectations should be viewed as a top priority. While the planning commission typically focuses on the “bigger picture” associated with policy, direction, and goal setting, the chief responsibility of planning staff involves providing technical assistance and guidance — and managing the planning office’s many functions on a day-to-day basis. This requires communication and coordination. As a result, it is not surprising that planning staff are frequently found whizzing through all corners of the planning universe. THE PLANNING UNIVERSE PLANNING STAFF

Understand What Your nances, regulations, policies, and should be managed. You should Planning Staff Does practices developed by you and have more than enough to do your predecessors. studying the issues and making Planning commissioners may policy decisions. ... well be unaware of the amount of Your job is to temper their rec- time that staff spends in dealing ommendations with information Control your public behavior. with major or controversial re- developed during the hearing Never be guilty of berating, quests. Staff may have met and which was not available to the downgrading or insulting the talked numerous times with staff. It is not unusual for a staff staff at a public meeting. Yes, it neighbors and the applicant to to voluntarily reverse or change can be embarrassing if citizens resolve the issues. In essence, the details of its recommendation point out apparent errors in staff staff often “lives and breathes” during the course of a hearing. reports or presentations. The pub- lic meeting, however, is not the these requests for months at a From, “The Riggins Rules,” time. ... place to find out what happened by Fred Riggins. or why ... in most cases, a quiet From, “Planning from Different discussion with staff away from the public can work out seeming Perspectives,” by Carolyn L. A Working Relationship Braun. discrepancies or disagreements. Effective staff/commission rela- Reward good work. A simple tions are vital to the overall suc- Don’t forget that the staff is there “thank you -- you did a great job cess of planning in your commu- last night before that group of to help you in any way possible. nity, whether your planning It is composed of very capable hostile homeowners” can be just agency has one, ten, or one hun- the right comment to uplift a har- professional people with vast ex- dred employees. Good will and perience. Lean on them heavily. assed planning staff when it ap- an understanding of the pitfalls pears the whole town has taken They can pull you out of many a that impede sound relationships bad spot if you give them a up arms against them. Take your can help you solve any problems planning director to lunch. Praise chance. Or they may just sit and that may arise. let you stew, if you do not give a particular piece of staff work at them the respect which is their Resist the temptation to “micro- a public meeting. ... There are all due. Remember that their usual manage.” After you have been on manner of ways you can -- and practice is to remain silent unless the job any time at all, you will should -- reward your often over- they are specifically asked to become more familiar with plan- worked and undervalued plan- comment. Most of them consider ning jargon, and the rules and ners. it presumptuous and unprofes- regulations of your community, There will always be some ten- sional to inject any unsolicited than most citizens. Still, you are sion between commissioners and comments into the hearings. Al- not expected to be a professional staff; you have different respon- ways ask them to comment prior planner. Indeed, you would be sibilities and, often, different per- to the final vote. less effective as a citizen plan- spectives. But the sooner you can ning commissioner if you were. Do not take staff recommenda- develop a creative partnership -- tions lightly. These recommenda- Even if you are a successful pro- and the more you can nurture it -- tions are made after much study fessional or businessperson, it is the better it will be for everyone. by professional people with years not appropriate to try to tell the From, “Staff Needs a Little TLC, of experience in their field and planning director whom to hire or Too!,” by Elaine Cogan. are based on pertinent laws, ordi- fire or how you think the agency

23 The Law Planning is a structured process governed by legal principles, statutes, and codes. A planning commission works within the framework of its state’s enabling law, for this defines a commission’s range of substantive duties and responsibilities, as well as the procedural requirements it must follow. Any consideration of the planning universe must also recognize the strong influence that federal laws and regulations — and the financial assistance funneled to local governments pursuant to these laws and regulations — have on the local planning process. THE PLANNING UNIVERSE THE LAW (and Lawyers)

Within the Law neighborhood park and recreation The Role of the Lawyer facilities. When considering applications or When the applicant brings a law- requests, you are operating within In more recent years, some juris- yer, listen carefully to the presen- a prescribed set of procedures dictions have used subdivision tation, but don’t assume that the and standards, as set out in your regulations as a growth manage- lawyer is necessarily right on state and local regulations. When ment tool. Others have used sub- every point, either of law or of someone appears before you, the division controls to preserve fact. Lawyers in this situation are question is not whether or not natural features such as wetlands, advocates and as such will be you “like” their proposal, but or as a way of achieving envi- selective in the points they make whether or not it complies with ronmental goals such as the con- to the commission. the regulations. trol of stormwater runoff. Lawyers who have done their job From, “Ten Successes that From, “The Ethics of Bias,” by will be familiar with the commis- Shaped the 20th Century Ameri- Greg Dale. sion’s ordinance and regulations, can City,” by Laurence Gerck- especially the sections that per- ens. tain to their clients’ applications. Subdivision Controls But a lawyer’s interpretation of a Spot Zoning given section may differ from The primary impetus to land sub- yours. Be consistent in your ap- division reform came from the Because spot zoning often plication of the rules. Standard City Planning Enabling focuses on the single parcel with- Act, prepared in 1928 by the U.S. out considering the broader con- Ask questions, but don’t argue Department of Commerce as a text, that is, the area and land with the lawyer. Make notes of model for adoption by the states. uses surrounding the parcel, it is any points where you disagree, commonly considered the an- and the basis for your disagree- The Planning Enabling Act pro- tithesis of planned zoning. While ment. Above all, don’t let your- vided, among other things, for rezoning decisions that only af- self be bullied by threats of litiga- municipal planning commission fect a single parcel or small tion, unconstitutional takings and approval of plats. The subdivi- amount of land are most often the other bluster which may come sion plat review process helped subject of spot zoning claims (as your way. assure that residential streets opposed to rezonings of larger would have adequate capacity to areas), a locality can lawfully Make your decision based upon handle future traffic, and that lots rezone a single parcel if its action the law as set forth in your ordi- would be of adequate size and is shown to be consistent with the nances and regulations. shape and have frontage on a community’s land use policies. ... public way. By 1968 over 95 Be sure that the bases for your percent of municipalities of 5,000 Courts commonly note that the decision are clearly stated in the population or more had adopted underlying question is whether motion or motions on which the subdivision control ordinances. the zoning decision advances the commission votes. Courts do not health, safety, and welfare of the lightly overturn planning com- Subdivision regulation in many community. A zoning decision mission decisions if they are in communities has expanded be- that merely provides for individ- accordance with duly adopted yond the early objectives. By the ual benefit without a relationship regulations and are firmly based mid-1950s, local subdivision to public benefit cannot be le- on factual findings. controls were often specifying gally supported. road construction quality and From, “The Role of the Lawyer,” utility services, and many were From, “Understanding Spot Zon- by Carolyn W. Baldwin, Esq. requiring donation of land for ing,” by Robert Widner.

25 Developers and builders often transform land from one use to another. In doing so, they are acting to satisfy a perceived community demand for a service or product in a manner that produces a profit. This market dynamic is representative of our free enterprise system and is central to sustaining our society. The planning challenge lies in Developers deciding how best to integrate the market with the needs of the larger society. Much can be learned from developers &Builders who realize that markets and market demand do not exist in isolation from one another or from the larger society. Developers can pinpoint regulations and policies which may sound great in principle, but are impossible to achieve in the real world. By recognizing the valuable role developers and builders play in the planning universe, and reaching out to gain their insights, planning commissioners can enhance the quality of the regulatory process. THE PLANNING UNIVERSE DEVELOPERS & BUILDERS

Cooperation One of these old ideas concerns debating the pattern that this the desirability of large lots and growth will take and the type of Developers and environmental- low-density development. We communities we will be building. ists are starting to cooperate to now know that developing homes change local laws and policies with large lots does not preserve From, “Building on Common that impede smart growth. Both farmland and does not preserve Ground,” by Joseph Molinaro. realize that land use regulations rural character. Large lots incur need to be more flexible to allow higher public service cost and for innovation. ... force people to drive longer dis- A Quick “Fairy Tale” tances. As a planning tool, low While builders, environmental- A community fears development density development has been a will destroy views of its moun- ists, and planning commissioners failure. will never see “eye-to-eye” on tains. Developers own the moun- everything, it is certainly true that Some home builders believe that tains, but must make money or all these groups have much in customers want large lots, but bust. Community has housing common. Establishing non- consumer preference surveys shortage. Classic deadlock, clas- adversarial mechanisms for iden- conducted by the National Asso- sic problem. tifying common interests is one ciation of Home Builders show Planning Commission works planning trend that benefits us all. that a large lot is one of the first with both groups. A consensus is features homebuyers are willing formed, higher densities at the From, “Smart Growth Trends,” to forego to obtain the home they by Edward McMahon. base of mountains with no devel- want. Consumers are most inter- opment on sides or top. ested in getting the most house Everyone is happy (This is a fairy for their money in a good neigh- tale remember!). Building on borhood. Common Ground Is the problem solved? Nope. Another outdated idea is that Developers still need to make As planning commissioners, pro- wide neighborhood streets are money and community still needs fessional planners, citizen plan- safe and desirable. In fact, just housing. So developers build ners, builders, and developers, it the opposite is true. Wider streets housing and community moves is up to us to set the stage for encourage people to drive faster in. Now the problem is solved. higher-quality development and and more carelessly. Research better-planned communities. has shown that narrow streets The Planning Commission did Rather than trying to reinvent the force people to drive slower. ... not solve the problem. They wheel with each discussion, per- simply facilitated a solution. haps we can reach consensus on We need to step back for a sec- The community and developers some issues. ond and look at the bigger pic- solved their own problem, they ture. We need to recognize that just needed help. This is a The fields of planning and development does and will hap- customer service view of plan- development are plagued with pen. In fact, we build about one ning. outdated ideas. Even though the million homes in this country in evidence is clear that these ideas an average year. Therefore, de- From, “Customer Service: What do not work, they nonetheless bating whether growth will occur It Is & Why It’s Important,” by prevail and have power over is not a productive way to spend Ray Quay. people. our time. Instead, we should be

27 Consultants The use of a private planning consultant can be an efficient way of conducting a local planning project. If handled properly, consultants can be a valuable addition to the planning resources of a community. It is important to understand that planning projects are not engineering projects. There are typically no “right or wrong” approaches to planning. Finding the right match for the local community in terms of personalities, approach, vision, and skills is critical. The late Wayne Lemmon, a planner and And some can do some really real estate consultant, colorfully explained amazing tricks. But if you don’t give the role of consultants in the planning them good direction, they can universe: “Consultants can be compared to mess up the house.” Avoiding house pets. They come when called, and misunderstandings is in everyone’s they’re happy when they’re fed on time. best interest! THE PLANNING UNIVERSE PLANNING CONSULTANTS

Working With Planning There is no substitute for regular Help Wanted Consultants communication between client and consultant. When a consult- Even if your community has a Before you begin a consultant ant is expected to do substantial professional staff, there are a selection process, your depart- amounts of work without feed- number of situations in which it ment/commission should also be back from the client, surprises will make good sense to hire a clear about the scope and nature tend to occur. And these sur- consultant for a specific project: of the project. Too many com- prise are not usually pleasant! • Staff is too busy. Preparing a munities use the consultant se- comprehensive plan or updating lection process as a means to While the consultant / client re- a zoning code can be time- help define a project. Unfortu- lationship is a business relation- consuming. The staff that con- nately, this often leads to widely ship, it should be founded on ducts the day-to-day business of divergent proposals being sub- trust. View the consultant as a the planning department may mitted, which are quite difficult team member, not simply an not have time to undertake such to compare. outside expert. a project without help. Begin with a request for qualifi- Remember that a good consult- • Staff needs expert help. A cations and use that as a basis to ant helps plan with the commu- planning director may be in- narrow the number of candidate nity, not for the community. volved in drafting one or two firms that you will then request From, “Working With Planning zoning ordinances in his or her full proposals from. Consultants,” by Greg Dale. entire career. There are consult- ants who prepare several zoning After a consultant is selected, ordinances every year. Experi- the contract and scope of ser- Fair Dealings vices should be carefully nego- ence does count and the right tiated. Even if the process in- Communicate honestly and di- consultant can bring a lot of ex- volved a full proposed scope of rectly. This basic ground rule is perience to your project. services, there is still the oppor- often lacking. Instead, both • Project requires objectivity. tunity for the community to ne- sides too often engage in a The community may need an gotiate the details and content of “game” approach to contracts. objective evaluation of a com- that scope of services. Consultants may overpromise, plex situation that has become while planning departments may Make sure all have a clear un- an emotional issue for people hold unrealistic expectations derstanding of the roles of the living in the community. about what can be done for the consultant, the planning com- money budgeted. While this • Project requires credibility. mission, the legislative body, type of thinking may (for the There is some truth to the old the planning staff, and any citi- consultant) get the job and may adage that a consultant is some- zen-based steering committee. (for the department) look like one from at least 50 miles away. Who will the consultant be ex- maximizing value, it can lead to Sometimes the community just pected to answer to? How and hard feelings later on when the needs the credibility of an out- when will planning commis- consultant is asked to modify side expert, even if the planning sioners and elected officials be the scope of services. staff and planning commission involved? What will be the know what needs to be done. composition and role of any From, “Practical Pointers on steering committee? Dealing with Consultants,” by From, “The Commission and Marilyn J. Ryba. the Consultant,” by Eric Damian Kelly.

29 NIMBYs

If you are considering a land use change that will affect a residential neighborhood, perfectly normal, rational people will grow fangs and acquire the ability to spit fire. Changes in the neighborhood spark a primitive reaction in defense of home and family. As a planning commissioner, you need to keep your cool when confronted by angry neighbors, and recognize the difference between legitimate concerns and irrational fears. You’ve heard it many times: “We don’t oppose housing for poor people. We just think it ought to be located somewhere else.” It’s a difficult balance for Most often it seems that no matter what planning commissioners. Communities need decision the local commission makes, low-cost housing and community services, someone will be unhappy. The phenomenon but neighborhoods often argue that these of community opposition has been with us facilities should be sited elsewhere. as long as we have had zoning. THE PLANNING UNIVERSE NIMBYs

A Nose for NIMBYs Opponents are seldom all a homeless shelter, housing for wrong. Find ways to meet rea- poor people, or housing for peo- It’s easy to feel sorry for the be- sonable objections and you not ple with disabilities, its design leaguered neighbors and do only are likely to have a better and scale should be well inte- something that’s not in the in- final project, but you will isolate grated into the community, with terest of the community as a the few true NIMBYs who are access to transportation, jobs, whole. It’s also easy to react the never satisfied. and community services. other way and dig in your heels in response to annoying and From, “Is Your Community Be- From, “Why Not In Our Back- pushy people, just to show them ing Invaded by NIMBYs,” by yard?” by Michael Allen. you can’t be bullied. Try to Elaine Cogan. separate the personalities from the substance of what they’re The “Yes, but” Twist saying. You need a nose for Harmonizing Community Needs “Nimbyism” is a useful coinage NIMBYs! for an ancient verity -- that peo- From, “A Nose for NIMBYs,” Whether drawn from reason or ple are suspicious of change. by Chris Robbins. from emotion, community op- People prefer the known to the position reflects neighbors’ con- unknown, because they know cerns that their lives will change how to respond to the known. Be Frank & Open for the worse. As a local plan- And in many ways we’re all ning commissioner, you can “NIMBYs.” Move decisively to defuse fic- help your community harmonize We all prefer the familiar to the tion, gossip, and innuendo. Be the housing and service needs of new, especially when changes aware of issues that may inflame your whole community with the are proposed that come close to your particular community and specific objections of neighbor- our personal thresholds. Many take the initiative to provide the hood opponents. facts frankly and clearly before Nimbyites will protest that what the ugly rumors get around. • Maintain an open door policy is proposed is, indeed, a good Why is the planning board con- with providers so they will feel idea. Our community needs sidering multi-family housing? comfortable providing a “heads housing, they will agree, for all Is there really a need? Just who up” about proposed housing or sorts of special and critical pur- are “those people” who will live service programs. poses, but why choose “our” there? What will the develop- place, which is stable? Why not ment look like? • Work with providers to con- do “it” over there? It is exactly duct community education about this “yes, but” twist that often Be frank and open at all times. the local needs for affordable proves to be most frustrating. Many good projects go down in housing and services before you blazing defeat because the pro- need to work at a particular site. Spend more time asking than ponents are so frightened of the It’s much easier to educate peo- telling. Get more people in- opposition that they fall into the ple and secure their support for volved in looking at and articu- trap of holding closed-door housing and services when they lating a “problem” -- feeling it, meetings or making “secret” are not fighting to keep them out wanting to do something about deals. As a planning commis- of their own back yards. it. We don’t know all the an- sion, it is especially inappropri- swers. ate to engage in such behind- • Help evaluate whether a pro- From, “Some Observations on the-scenes maneuvering. posal is appropriate for the community. Whether it involves NIMBY-ism,” by Perry Norton.

31 The Media For years, planners were advised that the media should be held at arms length. This attitude is giving way, fortunately, to a new way of thinking. Rather than viewing the media as an obstacle to be avoided, planning commissions are beginning to realize that the media — in all its various forms — represents a direct link to the larger community. Accordingly, efforts aimed at increasing the knowledge and perspective media representatives have of planning and the planning process are being initiated. Working with the media in a manner that is respectful, courteous, and open will yield positive dividends. Ne igh boring To wns

Nei Cities Nearby ghboring Communities Each community does not live in its own universe isolated from neighboring towns and cities. Local land use decisions can have impacts outside a jurisdiction’s own bound- aries. Inclusion of a regional assessment or impact strategy section in local plans — to ensure that neighboring communities’ plans are consistent with each other — is becoming a more common practice. County and regional planning commissions are also vital in seeing that cities, towns, and villages work together to solve shared planning problems. THE PLANNING UNIVERSE THE MEDIA

Avoiding “Bad Press” sure to include a thumbnail perception, good news goes in sketch of the legal basis for your the paper too. The best way to prevent “bad decision -- the most commonly press” is to take steps to avoid it misunderstood aspect of planning From, “Dealing With the Press,” in the first place. and regulatory actions. by Dan Hamilton. In most cases, the cause of bad Do not duck controversy. You press is ignorance, not bias. have to conduct your business in Be Open, But Remember Luckily, ignorance can be dealt public, and attempting to shy with in a variety of non- away from controversy will only Have you ever been misquoted in confrontational ways -- ways whet a reporter’s appetite. the newspaper or found your re- which, incidentally, complement marks seemingly out of context the mission of your agency in Do not try to dictate a story’s in a television interview? As a disseminating information to the content or tone. Instead provide public figure, you can expect to public. enough information so that the be sought after by the media. story tells itself. Very few report- You want to be friendly and The most effective techniques are ers set out to write an unfavor- open. But always remember that those used before the fact: able story. Usually it is ignorance the media are businesses, and as or laziness that produces one. such, report news in the way they Return phone calls. Leaving believe will best attract and hold questions unanswered invites Alert the media to favorable sto- their customers. That may con- errors and unintentional bias. ries. If you never call them in flict with your perception of the advance, then all they will cover specific situation. Be prepared. This means creating is meetings, not all of which go in advance of meetings a very smoothly. Contrary to popular From, “What’s Your PMQ,” by succinct written summary of the Elaine Cogan. issues to hand to the media. Be NEARBY COMMUNITIES

What Other Commun- our own house in order, let alone The goal is to expand your hori- ities Are Doing think about the wider impacts of zon. Of course it’s very important our decisions. However, planning One of the problems that I see is that commissioners know what commissions are uniquely posi- to get commissioners to go out- the zoning code in their own tioned to provide leadership and side of the box a little bit. If community requires, but beyond advice to elected officials that they’re just told “this is the way that it’s helpful for them to be goes beyond the parochial inter- we do things here,” then you get aware of what other communities est of a particular community and a lot of status quo. It helps if are doing to solve some of the consider the impacts of our deci- planning commissioners see same problems they’re dealing sions outside our communities. what’s going on elsewhere so with. It is your job as a planning com- they can make comparisons be- From, “A Roundtable Discus- missioner to balance your local tween what’s happening in other sion,” comments of concerns with regional concerns communities and what’s happen- Irv Schiffman. in a conscientious manner. ing in their own. And that can be done through trips, through Balancing Concerns From, “Considering the Re- workshops, through books, gional Implications of Your Ac- through articles. We understand that it is hard tions,” by Greg Dale. enough to worry about keeping

33 THE PLANNING UNIVERSE SOME ADDITIONAL OBSERVATIONS

Less Vocal family residence to some sort of a You get the picture. What society Constituencies group home, the local area news- wants from its planners is some- papers are quick to point out that thing more than the processing of Never worry that developers or the “planners” did this, or the permits. It would like the proc- land-owners will be shy about “planners” did that. essing of some vision, as well. voicing their opinions about plan- Not an easy row to hoe. But And who are these planners? ning policies or programs. Plan- enormously fruitful if faithfully Well, they’re not those profes- ning affects them directly and tended. sionally trained planners, with they make it their business to fol- degrees in planning. They are the low what you are doing. But From, “Remembering the Big there may be other less vocal members of local planning Picture,” by Perry Norton. boards. They are, for the most constituencies in your commu- part, volunteers, unpaid volun- nity equally as deserving of atten- One Commissioner teers I might add, who give hours tion. ... Before you make signifi- of their time, mostly in the eve- cant decisions, broaden the range I’m familiar with a rural county of people you inform and in- nings -- carrying out the man- where strong leadership came dates of local and state land use volve. from a planning commissioner. planning laws. He did not hold grandiose ideas, From, “What Your PMQ (Public and there was no specific project The work, at times, gets tedious. Meeting Quotient)?” by Elaine that he promoted. But he was a Hours and hours of discussion as Cogan. constant presence, a calming in- to whether a proposed land use fluence, and a fair and honest meets the requirements of the dealer. A Fair & Open Process zoning or subdivision ordinance, is consistent with all the codes, is Through his perseverance, his Failure to adopt and follow for- not discriminatory, is or isn’t a willingness to share his knowl- mal, fair, and coherent proce- landmark, and so on. edge, and his ability to teach dures erodes public confidence in other volunteers … he created an planning. Rules of procedure as- There are, indeed, so many items environment for the county to sure that all members of the body on the agenda that board mem- deal with serious conflicts and are treated equally, and that all bers sometimes wonder what major changes to its economic are free to participate fully in the happened to the Big Picture. structure in a productive way. discussion. The Big Picture is, indeed, a From, “Finding Community From, “The Commission Will vital part of a planning board’s Leaders,” by Eileen Hennessy. Come to Order,” by David J. responsibilities. ... The public, Allor. through legislatures, gives plan- ning boards broad man-

dates. Again, the specifics The Big Picture vary from one location to another, but the fact re- When a shopping center is pro- mains that people turn to posed, when the question of what planning boards to secure is wetland and what isn’t hits the a high quality of living fan, when people line up to pro- environment. test the conversion of a single

34

Be Open to New Ideas flict with what their own neigh- are to actively plan for the future, borhood wants. in addition to meeting the needs Avoid tunnel vision and the of the moment. In light of this “we’ve always done it that way” This is not to say that commis- mandate, planning commissions approach. Be familiar with other sioners, through the comprehen- need to identify strategies that communities with similar situa- sive planning process, should not will enable change. tions. Be able to direct staff try to improve the quality of where to search out resources. neighborhoods -- including their From, “Making Change Hap- Be open to new suggestions and own. However, each commis- pen,” by Michael Chandler. be proactive in planning for your sioner needs to be guided by community’s future. what is in the best interests of the entire community. Think Before You From, “Orient Yourself,” by Respond Theresa Long. From, “Planning Commissioners as Advocates for Their Neighbor- If you have never held a public hood,” by William M. Harris. position before, understand that Serve the Whole being a planning commissioner Community can change your perception about how plans are made and cities are When commissioners are viewed Dealing With Change governed. It is very easy to take as promoting their own interests, pot shots at elected and appointed There are two fundamentally dif- citizens may legitimately wonder officials when you are a con- ferent strategies for dealing with about the fairness of the process. cerned citizen. change. One strategy is premised In my experience, this includes on a belief that change is a threat, situations where commissioners Once you have made the transi- and should be feared and become advocates for their own tion to being a decision maker, neighborhood. avoided. Much like a turtle sens- you realize how difficult the de- ing danger, this strategy involves cisions can be. You are often Each planning commissioner is, retreating into a “shell” of com- called upon to approve plans that obviously, the resident of some fort to ride out the storm. are unpopular with a group of neighborhood. Understandably, citizens. They may be very un- The second strategy, in contrast, each commissioner also wants his happy with your decision and views change as an opportunity. or her neighborhood to be the stay angry with you for years. Rather than being feared, change best possible. The difficulty is is pursued with vigor and enthu- when commissioners, charged Think carefully before you re- siasm. This mindset sees change with implementing community- spond to demands from citizens much like the sculptor views a wide policies, find them in con- and developers. Often a salient mound of fresh clay -- as some- issue will come to the attention of thing to be shaped, citizens before you, as a board molded, and formed. member, have all the facts. Resist the urge to express your Making change happen is opinion until you are sure about a fundamental planning where you stand on the issue. commission responsibil- ity. A reading of state From, “Think Before You Re- planning enabling author- spond,” by Cheryl R. Roberts. ity clearly establishes that planning commissions

35 Have you visited PlannersWeb.com? As a member, you’ll gain easy access to hundreds of practical articles you’ll find of value.

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On the right is an excerpt from just one of the nearly 500 articles available on PlannersWeb -- in this case part of a recent series by Jim Segedy & Lisa Hollingsworth- Segedy providing an overview of low impact development.

We’ve also made PlannersWeb easy to use in a variety of ways:

(1) You can view our series of “Planning 101” pages -- covering 12 different topics. You’ll then find summaries of relevant articles we’ve published -- and with a single click you can view any article that interests you.

(2) You’ll find dozens of top- notch planners and writers contributing fresh content to PlannersWeb.com. We’re also hosting discussions about all new content on our companion LinkedIn group page.

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PlannersWeb.com PLANNING ABC’S

— AN OVERVIEW OF 26 PLANNING TOPICS —

FROM AUTOMOBILES TO ZONING

LAURENCE C. GERCKENS

WITH LETTER ILLUSTRATIONS BY PAUL HOFFMAN

◆1 INTRODUCTION CONTENTS About the Planning Commissioners Journal The Planning Commissioners Journal is a quarterly publication for citizens across the U.S. and Canada interested A is for Automobile N is for Neighborhood in local planning and development issues. B is for Budget O is for Open Space The PCJ’s columns and articles are concise and clearly written, and provide excellent introductions to C is for Comprehensive Plan P is for Public Health & Safety key planning & zoning topics. Effective planning boards and commissions depend on well-informed D is for Design Q is for Quiet members. The goal of the Planning Commissioners Journal is to provide E is for Ecology R is for Regional Planning information that will help citizen planners better understand the challenging issues they face. F is for Farmland S is for Sustainable Development

Planning ABC’s G is for Growth Management T is for Takings Copyright ©2003 Champlain Planning Press, I’d guess each and every one of you has seen an Inc. / Planning Commissioners Journal alphabet book, whether while your kids were (or are) H is for Historic Preservation U is for Urban Sprawl All rights reserved. No part of this book may be growing up, or perhaps going back to your own childhood. reproduced in any form or by any electronic or If we can enjoy and learn from alphabet books as mechanical means, including storage or children, why not as adults! I is for Inclusionary V is for Vision retrieval systems, without permission in writing Fortunately, both planning historian Larry Gerckens and from the Planning Commissioners Journal our Planning Commissioners Journal cover illustrator Paul at this address. Hoffman, agreed to work on this project. It certainly wasn’t J is for Justice W is for Water P. O. Box 4295 · Burlington, VT 05406-4295 easy for Gerckens to narrow down the topic choices for 802-864-9083 · email: [email protected] many of the letters – and there are undoubtedly several K is for Knowledge X is for X-Rated Land Uses www.plannersweb.com possible topics missed as a result of our alphabetic Book design by Ned Corbett limitations. But I think you’ll find that he has come up with ISBN 0-9706513-1-7 an interesting, and quite comprehensive, selection. L is for Land Subdivision Y is for Youth I hope you enjoy – and learn from – this alphabetical Printed in the United States of America tour of planning. Wayne M. Senville, Editor M is for Maps Z is for Zoning

◆4 ◆5 AUTOMOBILE

The automobile enabled creation of multi- America’s prosperity following the end of the million-person urban areas spread thinly Second World War encouraged both auto and new over vast regional expanses — and home ownership, stimulating the explosive growth of sprawling suburbs. Unfortunately, one out- shaped the character of the 20th century Amer- come was that American families became ican city. The primary city-shaper until the increasingly dependent on the auto- mid-1920s was the trolley. Electric trol- mobile. This auto-dependency was leys, running on fixed-rails, generated heightened by curtailment of sub- high density residential develop- urban transit service in many ment within a few blocks walk- ing distance of the main communities. Reliance on streets on which they ran. the private auto generated Small mom-and-pop the ubiquitous multi- grocery stores and car family as the personal service varying transpor- shops were tation needs located at of family street corner members trolley stops required travel regularly spaced over long distan- along the major ces, at diverse times, streets radiating outward and to widely scattered from the central commercial locations. and manufacturing district: the More cars, in turn, led “downtown.” to a dramatic change in the layout The advent of the automobile of residential developments as wider changed all that. Not limited to fixed streets were provided to permit parking main-street routes, the automobile could on both sides; wider lots to allow single- travel anywhere there was a passable public way. story houses with two-car garages to face on The auto-owning seeker of a housing site could the street; and deeper front yard setbacks to negotiate for a parcel of land beyond the limits of a few enable on-site parking of two or more automobiles. major streets. This dispersal of new residential develop- The resulting increase in lot size – coupled with a reduc- ment (generally for a population with higher disposable tion in family size – endangered the walk-in-school and the income than that of the average dweller along a trolley line) concept of an elementary-school-focused neighborhood. And led, in turn, to strip-commercial development along auto for those on the lower rungs of the economic ladder, locked routes radiating outward from the city center. into central cities, the new auto-based suburbs meant reduced job and life opportunities. By the 1920s, the need for street-widening to relieve auto congestion in and near the city center was already trig- gering large and growing public expenditures. This required careful budgeting of community resources – and stimulated the formal adoption of capital budgets and the preparation of long-range community plans for physical development. See “B is for Budget” and “C is for Comprehensive Plan.” Auto-accessed commercial and industrial develop- ments beyond downtown made for increased demands on city services. Zoning was used to limit such developments to spe- cific areas. This served not only to conserve community tax resources, but also to assure the owners of single-family- detached homes in the newly emerging “suburbs” that the value of their property would not be threatened by the intru- In many areas, cutbacks in trolley service were followed by reductions in sion of undesired neighbors. bus service, further increasing suburbanites’ auto-dependency.

PLANNING COMMISSIONERS JOURNAL / PLANNING ABC'S

38 BUDGET

The public aspects of cities include not only One of the principal purposes of the compre- services (i.e., police and fire protection, hensive plan (see “C is for Comprehensive Plan”) is education, and protection of the public to serve as a guide to the preparation of a capital health) but also things (i.e., capital goods) that budget to assure rationality and efficiency in require labor, materials, and finance to bring the expenditure of public funds on capital into being. Acquisition of these capital projects. goods requires careful budgeting. Capital funds borrowed to A budget balances income construct municipal projects are sources against outgo items commonly provided in the sale in the fulfillment of of 20-year or longer, bonds. needs and aspirations. A Public facilities are con- municipal operating structed to serve, and budget does this are expected to annually for the endure, at least costs associ- as long as ated with it takes to the provision pay off the of on-going city bonds sold to services. A munici- construct them. pal capital budget does For this reason, a the same for facilities to carefully prepared for- be constructed on land ward-looking community owned by the community or to be comprehensive plan is valu- acquired to fulfill the community’s able in assessing whether the pro- needs. posed facility will meet the community’s needs years into the Responsible expenditure of pub- future, and – quite importantly – whether lic funds requires foresight into the emerging it will be physically located where it can best character of the community and its needs. serve current and future users. This means exam- Responsible encumbrance of public funds and cred- ining how the facility relates not only to current, but it (future income) calls for a plan for public construc- also to future land use patterns. tion prepared, in most cases, well ahead of actual needs. The capital budget (or “program”) is often con- ceived as a six-year budget drawn from the recommendations of municipal departments with reference to a continuously updated comprehensive plan. The capital budget is periodi- cally revised (commonly every other year) as elements are completed or modified, and as new projects are added. The capital budget includes not only a list of projects and their estimated costs, but also the source of the funds to be used to pay for each project. Running totals are kept to track their impact on the encumbrance of the municipal borrowing power and on the municipal tax rate. One of the key responsibilities of many planning commissions and departments is the preparation of a recommended capital program for the local governing body’s consideration. This planning commission role, first undertak- en in Cincinnati in the 1920s, has helped ensure that the municipality’s capital expenditures serve to meet the goals and objectives contained in the adopted comprehensive plan.

PLANNING COMMISSIONERS JOURNAL / PLANNING ABC'S

39 COMPREHENSIVE PLAN

A community’s comprehensive plan is not community plan. The widespread development of local just a file cabinet full of plans for future comprehensive plans was further stimulated by the streets; parks and recreation; housing; fire federal Housing Act of 1954’s provision of match- protection; environmental protection; historic ing funds (through Section 701 of the Act) to preservation; land use zoning; sewers; flood communities for developing such plans. protection; water supply and distribu- Unfortunately, by the 1970s, tion; downtown rehabilitation and very few of these “701” plans were parking; school location; and being kept up-to-date. Instead of community character. allocating funds to maintain More importantly, dynamic and useful com- the comprehensive plan prehensive plans, many is an integrated state- cities and towns fell ment of the aspi- back on “winging rations of the it” with unco- community ordinated (“this is function- what we specific will ourselves plans, redevel- to be”) illustrat- opment plans, and ing how the various neighborhood area function-specific plans plans that rarely met in the community file cabi- more than short-term local net are tied together to achieve functional needs and those of a broad array of community special interests. objectives. The pendulum began to The comprehensive plan (also swing back in the other direction in the often referred to as the “master plan” or late 1980s and ‘90s as a growing number of “general plan”) is a practical vision of the states began to require that all units of govern- future – capable of shifts in detail and arrange- ment prepare comprehensive plans. Some states ment over time as available resources and public pref- specified the minimum content for these local plans; erences change. Note the juxtaposition of the words made adoption of a comprehensive plan prerequisite to “practical” and “vision” in the preceding sentence. The the enforcement of local zoning power; and/or required sub- comprehensive plan is practical in that it lays out a series of stantial compliance of zoning ordinances with comprehensive objectives that the community realistically intends to accom- plan objectives. Several states also required that local plans be plish over the coming years. The plan also reflects vision in consistent with adopted state planning and development that it encapsulates the community’s goals and aspirations for objectives. its future. By the start of the new century, there was renewed While comprehensive plans typically include a “land interest in the use of comprehensive plans, as many planners use” component, this is not zoning. The land use element of – both professional and citizen – the comprehensive plan is a more generalized statement of rediscovered the benefits the objectives of future actions – to be implemented, in turn, of an integrated, compre- by detailed and immediately effective zoning, subdivision reg- hensive approach to ulation, and other land use ordinances. fulfilling Both the comprehensive plan and the capital budget commu- (see “B is for Budget”) were first introduced in Cincinnati in nity aspi- the mid-1920s as part of a successful political reform move- rations and ment. Acceptance of the comprehensive plan idea, however, functional spread slowly. It received its first major boost in the federal objectives. Housing Act of 1949, which conditioned receipt of federal central area redevelopment funds on compliance with a

PLANNING COMMISSIONERS JOURNAL / PLANNING ABC'S

40 DESIGN

Creative designers established the foundations design focuses on creating spaces (and places) that are of American community and regional plan- multi-faceted, multi-use, pluralistic, interactive, and rich in the way people experience them. Editor’s Note: For ning in the second half of the 19th century, more on this, see “An Introduction to Urban Design,” and early years of the 20th century. Their visions in PCJ #43. of a more ideal America, one that was orderly, Planners also often deal with the design of clean, rational, functional, efficient, inspi- the “streetscape.” This involves the careful rational, and beautiful, kindled efforts in construction of relationships between political reform that were realized in people and the immediate elements the community comprehensive of the pedestrian and automotive plan, land use zoning and build- environment such as paving, ing bulk controls, capital trees, signs, building fa- budget processes, and cades, and lighting fix- public park and park- tures. Streetscape de- way planning. sign is very impor- Widespread tant. The ex- efforts toward perience of the physical the communi- improvement ty by people on of American cities foot, on bicycles, were inspired by the and in automobiles or work of landscape archi- transit vehicles, struc- tects Frederick Law Olmst- tures their understanding ed, Sr., designer of New York’s of the community, their role in Central Park (1857), and George it, and their perception of the Kessler, designer of the Kansas City community’s attitude toward them. Metropolitan Park System (1893), as well The role of the creative designer in as by the work of architect Daniel Hudson community planning has been strengthened Burnham, director of works for the widely (some say, rediscovered) in recent years. A acclaimed Columbian Exposition (the Chicago renewed recognition of the value of the physical World’s Fair of 1893). In addition, significant contri- designer has resulted in ever-increasing support for butions were made by sculptors, including Augustus St. The New Urbanism, a movement to restore detailed Gaudens, who collaborated with Burnham in preparing the neighborhood-scale design as an element of planning prac- plan for the Columbian Exposition and the McMillan Plan for tice, and in the involvement of fine artists (such as muralists) Washington, D.C (1902). in planned improvements, and as valued contributors through- The work of these designers resulted in this period being out the entire planning process. known as the Era of The City Beautiful. Their work, emphasizing Design, when considered in its broadest sense, is what virtu- the public built environment ally every planner is engaged and focusing on roads, parks, in. The act of community plan- public buildings, and monu- ning itself involves parti- ments, also generated a Civic cipation in the design of rela- Center Movement in which city tionships that fulfill commu- boosters across America vied nity goals and aspirations with one another to produce through preparation of inte- plans (sometimes accom- grated plans for community plished) for impressive group- action. Planners today design ings of public buildings and plans not only for develop- monumental boulevards. ment, but also, for example, Although city planners no for the protection of agricul- longer commonly execute turally productive soils (see “F detailed plans for civic centers, is for Farmland”) and for the their activity still involves shaping of patterns of develop-

design issues, now often CHICAGO HISTORICAL SOCIETY ment (see “G is for Growth termed “urban design.” Urban View across the Main Basin at Chicago’s World Columbian Exposition of 1893. Management”).

PLANNING COMMISSIONERS JOURNAL / PLANNING ABC'S

41 ECOLOGY

The word “ecology” literally means the study when planning with ecological considerations in mind. Care is of homes (“eco”= homes; “ology” = the study given to avoid building on and polluting natural aquifer recharge areas. Yet, with careful planning, even a site of). In common use, however, ecology that includes large areas of flood plain or swamp denotes the environment that surrounds our land, may be developable – while preserving its human existence and how people interact wetland functions. This was demonstrated in with it. The Woodlands, a Texas new town built in Ecology was powerfully brought to the 1970s with the guidance of Ian public attention with the publication McHarg and following his ecological of Rachel Carson’s The Silent Spring principles. in 1963, exposing the devastat- Similarly, Village Homes, ing effects of agricultural built in Davis, California, in insecticides on wildlife and 1975 became a model on the food chain. for ecological applica- Six years later, tion to a suburban landscape archi- neighborhood. tect and plan- It utilized ner Ian McHarg natural drain- focused on how age channels and ecology can be taken grassed “soft” chan- into account in planning nel recharge areas in and design in his landmark lieu of pipes and hard- book, Design With Nature. sided channels to handle the With the establishment of the increased rainwater runoff U.S. Environmental Protection resulting from conversion of the Agency in 1970, and the passage of the site to a residential neighborhood. At National Environmental Policy Act (which Village Homes, the width of the street required “environmental impact statements” paving was narrowed to reduce the impervi- for federally funded projects having significant ous area, minimizing runoff. Grape arbors were impacts on the environment), ecological considera- located between buildings and adjacent to drainage tions became part of the everyday planning vocabulary. swales to absorb ground water, as well as to interject It is logical that ecology should be integral to plan- agriculture as an immediate, visible, and continuing pres- ning. The natural environment is the community’s birth- ence in the residential environment. place. Terrain, soils and tree cover, underground water, surface When ecology is considered as part of the comprehensive streams, vegetation, and wildlife all form an interdependent planning process, the community’s natural systems (its soils, unity of impact and adaptation. The goal of ecological studies, slopes, and land forms; underground water and surface drainage as applied to com- patterns; tree munity and regional cover; grassland development, is to areas; ponds make the human and wetlands; impact on the ele- and wildlife) are ments of the envi- all carefully ronment mutually mapped and supportive and in- studied in an tegrative with the effort to under- whole, becoming one stand their role with the order of the and to protect natural world. them from ad- The protection of LOCAL GOVERNMENT COMMISSION verse human Village Homes in Davis, California, used swales and the quantity and impacts. Eco- grape arbors to help absorb stormwater runoff. quality of water in logical design underground aqui- calls for interacting with these natural systems to meet human fers and wetland needs in a manner that results in minimum disruption and areas is a key concern maximum retention of the natural environment.

PLANNING COMMISSIONERS JOURNAL / PLANNING ABC'S

42 FARMLAND Maintaining productive agricultural soils has productivity, where there is consensus in support of main- been the basis for the economic and cultural taining the rural life style (and where state law permits), land can be zoned for agriculture use, with subdivision growth of most nation states. In America, limited through the use of large minimum lot sizes however, farmland preservation efforts have (sometimes, 160 acres or more). gained momentum only fairly recently. For Urban service limits. The path of future years, the accepted practice was to show development can be redirected, relocating agricultural fields and woodlands on the pressure to develop to areas less land use maps as “white – undevel- destructive of farm life. This can be oped.” The plain message was that done by limiting the prime growth- these properties were blank supporting facilities, such as slates waiting to be filled road access and utilities, to with higher and better other areas. Lexington, uses. Kentucky, used this Another sig- device as long ago nificant cause as 1958 to direct of the loss of city expan- farmland has sion away from been our proper- the famous “blue ty tax system, which grass” horse farms. views farmland in close An urban service limit proximity to new residen- was established that denied tial and commercial develop- improved roads, utilities, and ment as the natural extension of other services to areas near the the expanding city. It assigns a spec- horse farms, but assured them in ulative future value to those sites – and other sectors. then taxes that speculative increase before Purchase of development rights. A public it is realized. This tax burden falls on the farm agency (or a non-profit) can purchase a farm owner. As a result, farmers are often driven to parcel’s development rights. This leaves the prop- sell their land to speculators. erty privately owned and in farm use. Purchase of The all-too-common result has been that as metro- development rights, while expensive, can be effective politan centers expand, they not only chew away the farm- when used to preserve critical farm parcels. land, but surround and destroy the life of small farm villages Transfer of development rights (TDRs). In this approach, in their regional hinterland. As regional planning pioneer Benton farm land is zoned for very low density development, but farm MacKaye showed as far back as the 1920s, this does not have to owners can transfer (and receive payment for) valuable develop- be the case. Through effective regional planning, this smothering ment rights to their property. These development rights, in turn, suburban development can be directed to the spaces beyond and are acquired by landowners in other parts of the jurisdiction. between existing rural villages, main- taining their econo- my and character. While farmland is still being lost at too rapid a pace in most metropolitan areas, agricultural PIEDMONT LAND CONSERVANCY land preservation is WAYNE SENVILLE increasingly being Donation of a conservation easement enabled In contrast, this farmland in Colchester, Vermont (above left) – as well as recognized as a the 107 acre Lindale farm in High Point, North Walter the Donkey’s farm home – will soon be lost to a planned suburban major component of Carolina , to remain in active agricultural use. highway. state, regional, and local planning policy. Among the techniques This permits the farmer to reap the benefits of land speculation planners are using to preserve farmland: and still continue farming on land now taxed only on its value Large-lot zoning. Where the urban center is still remote, for agriculture. The most widespread use of TDRs has been in where farms are still large, where the land is superior in its Montgomery County, Maryland, and the New Jersey Pinelands.

PLANNING COMMISSIONERS JOURNAL / PLANNING ABC'S

43 GROWTH MANAGEMENT Through the 1960s, community and regional and availability of these services, growth could be curtailed planning efforts were generally directed to the in certain areas and redirected to other portions of the community. accommodation of growth as dictated by Growth management policies, when broadly market forces. Planning focused on the provision viewed, deal not just with new facilities and their of infrastructure needed to facilitate the con- location, but with the continued vitality of tinued expansion of urban centers as the older facilities. Indeed, reinvesting in older market dictated. But a series of closely facilities often reduces the need for major grouped actions in the early 1970s laid state and local expenditures to provide the foundation for the now widely new infrastructure (whether in the accepted concept of “growth form of new schools or new management.” sewer lines). • Ramapo, New York, a Perhaps the most township about thirty noteworthy recent miles north of New example of this York City, estab- broader view of lished a point growth man- system, based agement can on its compre- be seen in Mary- hensive plan policies land. The State acted and linked to its capital to stop construction of improvements program, for new major access roads determining whether proposed and to focus state funding for developments could be approved. public facilities on extensions of In upholding this then-novel existing community centers and approach to regulating development, transit served districts. State lawmakers New York’s highest court noted that: “The recognized that existing growth patterns Town … has utilized its comprehensive plan were having disastrous impacts on the state, to implement its timing controls and has coupled both environmentally and fiscally. Poorly with restrictions provisions for low and moderate planned growth was threatening the water quality income housing on a large scale. Considered as a of the state’s “crown jewel,” the Chesapeake Bay – whole it represents both in its inception and imple- critical to the livelihood of thousands of Marylanders, mentation a reasonable attempt to provide for the sequen- from oystermen to individuals providing tourist-related tial, orderly development of land.” Golden v. Planning Bd. of services – and forcing the state to absorb the steep cost of free- Ramapo (1972). ways, schools, and other infrastructure to accommodate increas- • Petaluma, California, an agricultural community north of ingly scattered, low-density development. Growth management San Francisco, limited the total number of building permits to be meant fiscal and environmental responsibility. issued in any one year for large-scale developments. The permit caps were based on the city’s establishment of a target population for itself well below that which building trends would otherwise have resulted in. • Livermore, California, imposed a moratorium on new resi- dential construction until after the city completed improvements to its schools, and to its sewer and water systems. • The State of Oregon established a state land use system requiring communities and counties to create “urban growth boundaries” so that the state’s natural environment – from its rich river bottom soils to its rugged coastline and wooded hill- sides – would be preserved. The above actions shared a recognition (manifested even ear- lier in Lexington, Kentucky, see “F is for Farmland”) that the

direction and extent of urban expansion is heavily influenced FROM AN OIL PAINTING BY CAPT. R.H. KNIGHT by public investment in the provision of roads, transit, schools, Chesapeake Bay oystermen working on a skipjack. Maryland’s and water and sewer services. Through control over the timing growth management efforts will help preserve the Bay’s water quality.

PLANNING COMMISSIONERS JOURNAL / PLANNING ABC'S

44 HISTORIC PRESERVATION

America is a relatively young civilization, redevelopment plan. Providence’s work served as a model for measuring its history in hundreds, rather other communities to follow. The demolition of New York City’s Pennsylvania Sta- than thousands, of years. With a seemingly tion in 1965, one of the nation’s most magnificent inexhaustible supply of new and largely undevel- railroad stations, shocked many New Yorkers, as oped land to the west (excluding from consid- well as citizens across the country. Outraged eration, as unfortunately most did, the by the fact that there was no legal re- preexisting Native population) many course to stop the demolition (the build- Americans were uncommitted to long- ing was privately owned by the nearly term occupation of a particular bankrupt Pennsylvania Railroad), place. Neighborhoods, commu- New Yorkers responded by nities, and even entire regions enacting later that year were used for their imme- a comprehensive land- diate benefits and then marks preservation permitted to deteri- law. New York City orate in the name now boasts the of “progress.” largest collec- Until the late tion of desig- 1920s, little was nated landmarks done to protect the of any municipality: urban artifacts of the nearly 1,000 individual nation’s cultural history – landmark buildings, more other than the preservation than 100 interior spaces, and and restoration of isolated struc- 70 historic districts comprising tures associated with historic per- more than 20,000 buildings. sonages, such as George Washington’s At the federal level, Congress enact- Mount Vernon residence. But in 1929 this ed the National Historic Preservation Act began to change with John D. Rockefeller, of 1966 which created the National Register Jr.’s decision to restore the city of Williamsburg, of Historic Places; provided funding for the Virginia, to its colonial-era glory. National Trust for Historic Preservation; and In short order, other cities embarked on major his- offered tax credits for housing rehabilitation in Nation- toric preservation programs. In 1931, Charleston, South al Register Districts. Within twenty-five years of its pas- Carolina, placed its eighty-acre Battery District in a specially sage there were over 8,000 historic districts listed in the zoned historic preservation district. The following year New National Register. Orleans’ Vieux Carré became the first urban district in America The scope of historic to receive local landmark preservation status. These actions preservation broadened expanded historic preservation beyond individual structures to in the 1980s to include the preservation of entire urban districts of distinctive character. a focus on the link Urban Renewal, founded in the U.S. Housing Act of 1954, is between economic devel- most commonly remembered for large-scale central city demoli- opment and historic pre- tions (see “J is for Justice”). But among the distinguishing fea- servation. The National tures of the Act was its emphasis on the rehabilitation of older Trust established a “Na- central city homes. Section 701 of the Act made federal funds tional Main Street Cen- available to local governments for the preparation of historic dis- ter” to support local trict legislation and the development of historic preservation efforts to rehabilitate programs. older commercial areas. The most influential effort in historic preservation initiated In the last two decades with the support of Urban Renewal was the 1956 College Hill of the twentieth century, Study undertaken by the Providence (Rhode Island) City Plan- Main Street programs ning Commission and the Providence Preservation Society. generated more than Beginning with an extensive inventory of the 380-acre “College $8 billion in physical

Hill” district, the project resulted in a historic area zoning ordi- PHOTO : RUDOLPH SIMMON, 1927 ©MUSEUM OF THE CITY NEW YORK reinvestment in the his- nance; a system for rating historic architecture; and a technique The main waiting room of New York’s toric downtowns of over for integrating historic architecture into a proposed central area Pennsylvania Station, demolished in 1965. 1,300 communities.

PLANNING COMMISSIONERS JOURNAL / PLANNING ABC'S

45 INCLUSIONARY

Planning efforts of the mid- to late 19th cen- not just in the city of Dayton, but in all thirty-one surrounding tury were grounded on a belief that the public municipalities and townships. The focal point of the inclusionary housing move- interest would best be served by the exclusion ment, however, was New Jersey. In 1975, the New of undesirable land uses, usually commercial and Jersey Supreme Court issued its landmark ruling industrial uses, from residential areas. in the case of Southern Burlington County By the early 20th century, newly adopted NAACP v. Township of Mount Laurel (com- land use zoning controls expanded on the monly referred to as Mt. Laurel I). The exclusionary nature of community Court held that every developing planning by not only physically community (one not already total- separating industrial, commer- ly “built out”) had a constitu- cial, and residential zones, tional obligation to provide but also by distinguishing its fair-share of its region’s between single-family affordable housing and multi-family needs. Any use of r esidential the local zoning zones. This power that had the effect did not fulfill of excluding such an inclu- many middle- to sionary requirement lower-income persons – was unconstitutional. primarily renters – from Eight years later, the increasingly large swaths of New Jersey Supreme Court land which (especially by the expanded on its Mount Laurel I 1920s) were being designated as ruling by setting out guidelines and single-family districts. With multi-fam- procedures for how “fair-share” obliga- ily zones limited to already built up and tions were to be met. This Mount Laurel II often deteriorated older neighborhoods, the ruling led to the State Legislature’s passage of less well-to-do were locked into the city core. the Fair Housing Act of 1985, which created a Many municipalities “refined” their exclusion- Council on Affordable Housing (COAH). Munici- ary zoning practices in the mid-20th century by creat- pal plans had to include housing elements and fair- ing a series of single-family-only zones of increasing share plans. COAH, in turn, would certify the local minimum property size, ranging from 5,000 square feet or housing plan’s consistency with criteria designed to “make less to 40,000 square feet or more. Since land price is a major the achievement of the municipality’s fair-share of low and contributor to housing affordability, this practice resulted in con- moderate income housing realistically possible.” centric bands of increasing exclusion, with low and moderate A growing number of cities and counties have adopted income citizens unable to afford homes in lower-density perime- “inclusionary zoning ordinances” requiring developers to ter residential areas. include a percentage of affordable housing units as part of new A number of communities took income-based zoning even developments. A variety of other inclusionary techniques have further by totally excluding all but single-family homes or by also been used. “Linkage fee” programs, for example, link the prohibiting manufactured housing units (“mobile homes”). By approval of new commercial or office development with a the 1970s, state courts across the requirement that the developer pro- nation, with rare exception, held such vide affordable housing units, or in- actions to be unconstitutional. lieu fees. The goal is to provide The 1970s also saw the emergence housing opportunities for workers of a movement toward regional inclu- who would otherwise be unable to sionary housing. The Miami Valley afford to live in the community. Regional Planning Commission in Day- Inclusionary development poli- ton, Ohio, adopted the first “fair-share” cies, by considering the impact of housing plan in the nation in 1970. public actions on housing availability This plan allocated affordable housing for all citizens of the community and ERIC LARSEN over a five-county area, with the goal of This development was built under the Montgomery County, region, have resulted in significant providing low- and moderate-income Maryland, inclusionary zoning ordinance. The affordable progress toward the realization of a families with housing opportunities units are in the middle. just society.

PLANNING COMMISSIONERS JOURNAL / PLANNING ABC'S JUSTICE “Justice” implies the execution of public policy alternative housing options for those dislocated) generated a through due process of law and in accord with movement among planners that called into question the the Constitution and the Bill of Rights. “justice” of community planning and its practices. The link between regional development and In the American system of justice, the ultimate justice came to a head in Cleveland, Ohio. Dur- arbiter is the U.S. Supreme Court. ing the 1970s, Cleveland lost over 400,000 Undoubtedly the most significant people, as well-to-do residents streamed Supreme Court decision of the 19th cen- to surrounding suburban communi- tury for planning was Munn v. Illinois, ties. This left the city with a high decided in 1877. Ira Munn, a Chi- percentage of its population at or cago grain warehouse owner, below the poverty level. challenged the State of Illi- The Cleveland City nois’ setting of maxi- Planning Commission mum rates for the and its staff, head- storage of grain. ed by then Plan- Munn argued ning Director that the law Norman deprived him Krumholz, of his property positioned them- rights in violation of selves as advocates the 14th Amendment. of “equity planning.” In finding in favor of Illi- Cleveland’s planners used nois, the Court, however, information concerning the ruled that: city and region to publicize “When one devotes his property inequities and to support regional to a use in which the public has an and central city strategies designed to interest, he, in effect, grants to the public address impediments to the attainment of a an interest in that use, and must submit to be more just society. As the Commission put it in controlled by the public for the common good, its 1975 “Cleveland Policy Planning Report”: to the extent of the interest he has thus created.” “Equity requires that locally-responsible govern- This ruling provided the legal foundation for all ment institutions give priority attention to the goal of land-use and zoning controls that followed. It answered promoting a wider range of choices for those Cleveland the query still heard in public meetings throughout the coun- residents who have few, if any, choices. … The Commission try, “What right does the government have to tell me what I can merely affirms what has been advocated consistently throughout do with my property!” history: that equity in the social, economic and political relation- Clearly, the Supreme Court decision of the 20th century that ships among men is a requisite condition for a just and lasting had the greatest impact on planned community development society.” was the 1926 Euclid v. Ambler ruling. In Euclid, the Court sup- ported comprehensive zoning – the public control of land uses, heights of buildings, and setbacks and yards all in a single ordi- nance and for the entire area of jurisdiction. This ruling opened the door for communities across the country to engage in zoning and use it as the primary tool for plan implementation. The term “justice,” however, involves more than just an examination of whether an action is Constitutional. It also involves consideration of whether an action is fair. In the decades preceding the 1960s, land use and develop- ment policies did not commonly address the question of fairness. Few questions were asked as to biases and inequities in the exercise of community development practices. But the mass dis- ERNIE BRONNER location of citizens of color – and the poor of all colors – Cleveland city planners pose alongside former Mayor Tom Johnson (in stat- precipitated by the Urban Renewal clearance projects and Inter- uary form), in this 1973 photo courtesy of Ernie Bonner, a member of the state Highway construction programs of the late 1950s and early Cleveland staff at the time. Bonner has posted the full text of the 1975 1960s (coupled with zoning practices that severely curtailed Cleveland Policy Planning Report at:

PLANNING COMMISSIONERS JOURNAL / PLANNING ABC'S

47 KNOWLEDGE The development of community and regional elements that might be developed at a later date. As a result, planning policy, when done well, is an exer- this first-phase fact gathering often incurred large cost (and time) overruns. cise in the rational application of The second “flaw” – or built in bias – in the knowledge (information and relationships) to “classic” planning process lay in the fact that it the determination of just, equitable, appro- was premised on the projection or continua- priate, economically efficient, and politi- tion of past trends. In other words, past cally effective public actions. trends became the policy-bases for the Rational planning assumes the comprehensive plan. As a result, availability of data upon which to plans rarely reflected any vision make decisions. But in the early for positive change. Instead, 1900s, when the first large- they reinforced historic scale modern city plans patterns. Unfortunately, were created, such this meant that local data simply did plans rarely not exist. It was addressed past not until inadequacies 1907 that the and injustices. Russell Sage Using the termi- Foundation under- nology of modern took the first statistical environmental impact survey of an American city review, plans were based on in Pittsburgh. National hous- the “no-change” scenario. ing statistics were not available By the end of the 20th centu- until the 1940 Census was reported, ry, this older “classic” planning and reliable data on traffic generation by process had been replaced in many land use type did not appear until the communities with a far different approach. 1980s. “Modern” planning processes began not with Given this general lack of dependable infor- the acquisition of immense amounts of data, but mation, most planning focused on gathering local with the creative visioning of alternative futures – population statistics; mapping land use data, and traffic establishing community goals, alternative patterns of patterns and volumes; and mathematically projecting this development, and the means of their attainment. With information into the future to arrive at bases for a physical potential alternatives set out, the acquisition of data could be plan to accommodate these projected future “needs.” more limited, focusing on just that information needed to test What might be termed the “classic” these specific ideas. As a result, more time, planning process, as developed in the early money, and attention could be addressed decades of the 20th century, followed three to the goals of planning and plan imple- sequential steps: (1) data gathering; (2) plan mentation. making; and (3) plan implementation. The Knowledge of past development first step involved the gathering of all infor- trends and current development statistics mation about the community that might be remains critically important. But most needed later in the determination of plan planners today complement this knowl- policies. The second step was the prepara- edge with an analysis of the cause-and- tion of a plan (policies and their expression effect relationships between land in a physical map) based on this knowledge. qualities, population, land uses, and The third step was the formulation of transportation. Most importantly, plan- processes for putting the plan into effect. ners evaluate potential alternative future This “classic” planning approach, how- development patterns and their physical, ever, was critically flawed in two ways. First, social, economic, and environmental con- since data gathering preceded the considera- sequences. Responsible planning is a cre- tion of plan policies, it was impossible to ative art using data from the past and gather all of the information that might pos- US CENSUS BUREAU knowledge of interrelationships to create sibly be needed in the evaluation of an A 1940 Census employee uses a punch machine to new and better communities for the unknown number of policies, options, and tally results by hand. future.

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48 LAND SUBDIVISION

Land ownership and subdivision in America railroads altered this pattern to some extent, as railroad rights- has long been subject to detailed legal of-way often ran diagonally across sections. Railroad com- panies established towns with gridiron streets parallel to requirements and procedures. That was these oblique rights-of-way for a few blocks at each certainly true during America’s Colonial era, as side of the railroad station, beyond which the each colony prescribed the steps needed to streets were adjusted lo link up with the north- lawfully acquire and prove ownership south, east-west overlying grid. of land. Procedures for “patenting” By the mid-19th century, many cities (i.e., lawfully acquiring by deed) were adopting “Official Maps.” An land typically required that a Official Map illustrated the loca- warrant be obtained allowing tion of all public buildings, the land to be surveyed, and public land, and the align- that the resulting survey ment of all current and plat (including a proposed future major description of streets. After a the property’s city adopted an location, size, Official Map, and owner- permanent buil- ship) be filed dings were barred with the colony’s from being construc- land office. Procedures ted in future street for transferring land rights-of-way. parcels were also spelled out. With the increased urban- Through the nation’s early ization of the late 19th and early decades, quite large and irregularly 20th century came abuses in land shaped parcels were common in the subdivision, including the platting of East, as ownership reflected large agricul- parcels too small to build upon or without tural properties which were usually defined access to a public street. New streets (espe- by natural features such as stream beds and cially where there was no Official Map) might ridges. However some urban areas (most notably also have rights-of-way varying widely from one New Haven and Philadelphia), as early as the 17th cen- property to the next. Recognizing the need for coordi- tury, adopted rectangular grid street and property systems. nation, New Jersey, in 1913, became the first state to The grid system would reach its zenith in New York City’s require that each land subdivision be referred to a local Plan of 1811, which established a 25 by 100 foot land subdivision agency for an advisory review before the plat was filed. unit, re-sulting in city blocks 200 feet deep and 600 feet long – a The arrival of large scale suburban development in the 1920s pattern to be replicated in many newly developing cities. led to the adoption by communities across the country of As America expanded, detailed subdivision controls. Congress enacted the Land These regulations specified Ordinance of 1785, establish- minimum property width, ing the familiar Midwest pat- depth, and area; minimum tern of one-mile square frontage on a public street; sections within thirty six and minimum right-of-way, square mile townships. paving widths, and street cur- Boundaries were aligned with vature for new streets. They the cardinal points of the also required the “dedication” compass. Within the grid, of the land in street rights-of- major streets were run along way to the public. It was not section lines and block long before communities were lengths were commonly limit- expanding this dedication ed to 660 feet, one eighth of a requirement to include the section. The coming of the giving of land for public parks Hundreds of towns in the Midwest to accommodate the recre- were laid out in grids, as seen in ational needs of new resi- this 1860 map of Urbana, Illinois. dents.

PLANNING COMMISSIONERS JOURNAL / PLANNING ABC'S

49 MAPS

Accurate and up-to-date maps are the foun- relationships not previously recognized. dation for all community and regional plan- What often came to be identified as the end product of ning. The starting point for mapping has city planning activity in the late 1920s and the 1930s was the “development policy map,” often termed long been the display of streets and property “The Official City (or Master) Plan.” These maps lines on plats. But by the early 20th century a displayed the physical outcome of the recom- broad array of additional information mendations developed in the comprehen- was being incorporated into maps used sive planning process: proposed major in planning: topography, including streets and highways, commercial slopes; geology, including soil types and industrial areas, residen- and qualities; hydrology, includ- tial neighborhoods, schools ing drainage systems, flood- and their associated play- plains, and wetland areas; grounds, and neighbor- current land-use pat- hood, community,and terns; and public regional parks. utilities and facil- With the ities, including advent of the schools, police environmen- and fire stations, tal movement in and parklands. the early 1970s Groundbreaking (and the federal re- metropolitan planning quirement for environ- efforts, such as the 1909 mental impact statements), Plan of Chicago overseen by environmental planning came Daniel Burnham, made effective to the fore. Landscape architect use of this kind of resource and land and planner Ian McHarg, in his 1969 use information. The Plan of Chicago book Design With Nature, advocated the also demonstrated the persuasive impact superimposition of layers of environmental that well-presented mapped information data and a value system permitting planning could have – especially when combined with analysts to draw “go/no-go” conclusions regarding striking sketches and renderings. Information and alternative land developments at specific mapped recommendations displayed in this way enabled the locations. McHarg’s approach to the analysis of develop- public to more quickly grasp the nature of their city and ment opportunities and constraints served as another pre- region, and its needs. Indeed, over time, maps have been one cursor to the “geographic information systems” (GIS) of today. of the key tools used by planners to convey The computer revolution of recent information and persuade others. decades has allowed for the display of Only a year before publication of the Plan information in ways previously impossible. of Chicago (though completely unrelated to Geographic information systems are now it), the first comprehensive social survey of in use in virtually every community, at an American city was completed in Pitts- some degree of sophistication. GIS allows burgh. Undertaken by the Russell Sage Foun- planners to display their choice of a wide dation, the Pittsburgh Survey plotted social array of information (depending on the conditions of ethnicity, crime, health prob- extent of the database) at a range of scales – lems, and housing overcrowding on separate from an individual parcel, to a neighbor- plat maps. These maps were then superim- hood, to a city, to a watershed and beyond. posed to identify multiple conditions appli- Mapped information is also increasingly cable to a single location, suggesting being displayed using new 3-D and visual- relationships between these conditions and ization software, allowing planners to the physical qualities of the site. These Pitts- “walk through” or “fly over” neighbor- burgh Survey “dot-maps” (a dot indicating hoods and developments without leaving the location of a social condition) were the the office. early forerunners of today’s geographic infor- GIS makes use of “layers” of geographically relat- mation systems, and dramatically under- ed information. From Vermont GIS, Report to the scored how maps could be used to show Legislature (1989)

PLANNING COMMISSIONERS JOURNAL / PLANNING ABC'S

50 NEIGHBORHOOD To community planners, the term “neigh- house units resulted in a sufficient school-child-age popula- borhood” draws on ideas propounded in tion to support an elementary school within a quarter- mile walking distance from home. However, as early as England by Ebenezer Howard at the end of the 1920s, emphasis on lower density single-family the 19th century. Howard postulated a commu- detached housing began to require an increase nity of six interlinked neighborhoods (or in the size of the neighborhood to assure suf- “wards”) of about 5,000 people each, ficient population to support the walk-in focused on an elementary school, school. By the late 1940s, advocates of bounded by major streets, and con- the “neighborhood unit” were pro- taining a variety of residential moting neighborhoods one mile accommodations. Industry was square (equal to 640 acres, a located at the perimeter of full section), with a half- the community. Com- mile walk to school, and merce was fo-cused on major streets one the community mile apart on sec- center, a few tion lines. block walk Neigh- from each borhoods neighbor- took on a new hood. role in the 1950s and In Howard’s Garden City the 1960s in many concept, communities were cities, as neighborhood not permitted to grow beyond based groups led the opposi- these limits. Each Garden City tion to the large-scale demoli- was to be bounded by a publicly tions and dislocations resulting from owned greenbelt of agricultural land redevelopment, housing projects, and that could not be built upon. When popu- in-city highway construction. Organized lation growth required additional accommo- neighborhood associations gave residents a dations, a new Garden City would be built. voice in the political process. Many cities official- Idea became reality in 1903 with construction of ly delineated neighborhood districts, giving them a the first Garden City, Letchworth, England. Four years more official and on-going role in the community later, the first planned “neighborhood unit” to be added to development process. With this often came assistance an existing city was initiated at Hampstead Garden Suburb, from city planners and other staff. on the outskirts of London. Hampstead’s architect/planners, Ray- The coming of the birth control pill in 1960 and declining mond Unwin and Barry Parker, followed Howard’s neighborhood family size, in combination with continuing increases in the lot principles in bringing order, functional efficiency, and environ- size of single-family dwellings, led to significantly lower “school- mental beauty to a residence- age-population-per-acre.” By the focused organization of buildings, 1980s, this had made the walk-in streets, public institutions, and open elementary school unfeasible in spaces. Construction of America’s most neighborhoods. As a result, first Garden Suburb, heavily influ- little was left of the neighborhood enced by Hampstead’s example, was unit idea except the definition begun in 1910 at Forest Hills Gar- of residential districts by bound- dens, New York. ing major streets. Yet at the very The major American adaptation point at which the neighborhood of the British neighborhood idea, concept seemed at its nadir, two however, was rooted in the one-mile related movements, “The New square land “section” system of the Urbanism” and “Smart Growth,” Midwest. Neighborhoods were based breathed new life into it by advo- on quarter-sections (160 acres), with cating denser, more diverse resi- major streets bounding neighbor- dential areas, with a mix of local hoods one-half mile apart, and no retail shops and services, and a

through traffic. Residential densities COURTESY OF THE FRANCES LOEB LIBRARY, HARVARD DESIGN SCHOOL halt to low-density perimeter generated by apartment and row Forest Hills Gardens, New York, circa 1910. sprawl.

PLANNING COMMISSIONERS JOURNAL / PLANNING ABC'S

51 OPEN SPACE

In the early 1850s, New York City’s gridiron environs. The plan identified geographically significant sites, street system was continuing its northward including wooded glens and hilltop overlooks, and pro- expansion up Manhattan Island, unrelieved posed connecting them with “paseos” running far into the countryside, providing wide lineal parks and by open space reservations. Only two relatively greenway boulevards to serve future neighbor- small open spaces, Union Square and Wash- hoods that would be developed as the city ington Square, served Manhattan – at a expanded. One of Kessler’s insights was to time when urban residential densities recommend that future parkland be pur- were becoming acute due to the ar- chased while it was still relatively rival of the first of many massive inexpensive agricultural lands and waves of European immigrants. woods. The long-term “payoff” Based on a state autho- of this well-planned park rization in 1856, a large system was (and remains) area centered east/ enormous, leading to west on Manhat- Kansas City’s rep- tan Island and utation as “the located be- city of parks yond the and fountains.” north- ern edge Open spaces of development was include not only purchased to provide a parks, but also street great public “Central spaces. The primary spatial Park.” The plan for the park, experience of many communi- by Frederick Law Olmsted, Sr., ties is that gained by proceeding and Calvert Vaux, designated the down broad tree-lined boulevards, park as a “greensward,” a district of punctuated by arrival at circles, squares, the city intended to remain perpetually or plazas. With the advent of zoning con- rural. In creating this planned reserve, trols in the early twentieth century, generous the first large scale “natural” park in America, front and side yard setback requirements along Olmsted and Vaux provided the model for hun- such roadways helped maintain the spaciousness of dreds of city parks to follow. The success of these this often-overlooked urban open space. parks also led to the creation of public park systems and At its broadest scale, open space planning includes the their administrative park boards, board which laid the protection and preservation of farms, regional woodlands and foundation for future city planning boards. wetlands, wildlife corridors, and unique geological formations Recognizing that the great city parks were far removed from and topographic features. One of the most noteworthy, and long- the residences of large numbers of standing, large-scale open space the urban poor, noted housing planning efforts has involved reform advocate Jacob Riis pro- Chicago’s lakeshore. Commencing moted construction of small parks with the dedication of lakeshore and playgrounds in New York properties to public use in the City’s tenement districts. Poverty 1830s, reinforced by the preserva- Gap playground, built in 1889, tion efforts of Aaron Montgomery was located in a gap in the wall of Ward in the 1890s, and a focal urban tenements created by demo- point of the noted Chicago Plan of lition of deteriorated structures. 1909, enhancement of the Small city parks, such as Mulberry lakeshore remains a vital part of Bend, offered open space to resi- Chicago planning to this day. As in dents of the city’s poorest, most Kansas City, the benefits have been densely populated areas. huge. City residents and visitors Acquisition of parkland at a have been able to enjoy a priceless regional scale was at the heart of amenity, while the open space has

landscape architect George MUSEUM OF THE CITY NEW YORK. JACOB A. RIIS COLLECTION #457. served to create billions of dollars Kessler’s landmark 1893 plan Mulberry Bend Park, opened in 1897, provided open space in one of the in real estate value within the city for Kansas City, Missouri, and densest parts of New York City. and region.

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52 PUBLIC HEALTH & SAFETY

The belief that health and quality of life are women perished. In response, New York and other cities shaped by the physical environment brought established building occupancy and land use controls. together public sanitation advocates, settle- Within just a few years, New York integrated its various building and land use regulations (including restric- ment house workers, architects, and landscape tions on building height, setbacks, and yards) architects at the first American national con- into a single citywide ordinance, the Zoning ferences on city planning in 1909 and Code of 1916. 1910. Public health advocates focused Mass ownership of the automobile in on improving waste disposal, assur- the 1920s brought with it dangers as ing light and air to homes, provid- well as benefits. As auto accidents ing clean food and water, and and pedestrian fatalities in- making available safe play creased, emphasis on keep- areas. Supporters of the ing through-traffic out of “City Beautiful” idea residential neighbor- promoted construc- hoods, separating tion of wide tree- pedestrian and lined boule- auto traffic, vards and and accom- urban parks and modating pro- plazas. jected future traffic Common ground came to dominate was found on key issues American planning (and such as limiting building continue to dominate plan- height. Public health advocates ning agendas to this day). saw this as a way of assuring light Air quality as a factor in com- and air to buildings and to the streets munity planning was of little concern below, while City Beautiful proponents until an air inversion in St. Louis in Octo- viewed height limits as a way of lending ber 1939 created a major public health haz- visual unity and human scale to the city. ard. In response, St. Louis added an element to Public health was at the heart of efforts by its zoning that restricted industrial air emissions. reformers in the mid-to-late 19th century to The most effective effort to improve air quality, improve conditions in tenement housing. As a result of however, occurred in Pittsburgh. Indeed, Pittsburgh’s their advocacy, New York State and City passed a series of progress in cleaning its air triggered the city’s increasingly strict tenement house laws. The first of these, renaissance, allowing it to attract investment and broaden its enacted in 1867, required that at least one toilet or privy be economic base. provided for every 20 people, to be connected to sewers where The Environmental Protection Agency, created in 1970, imple- available. Subsequent laws mented broad-scale federal set minimum standards for programs to improve air and lot width, room size, and water quality, and spawned amount of light and venti- state and local environmental lation. protection efforts. Large-scale The advent of the small regional threats to public electric motor made it possi- health and safety, such as ble for many structures origi- hurricanes, floods, and earth- nally built as warehouses or quakes led to creation of the residences to be put to indus- Federal Emergency Manage- trial use. This greatly ment Administration to coor- increased the number of peo- dinate relief and re-con- ple in buildings with inade- struction.The terrorist strikes quate fire escapes. The of September 11, 2001, have consequences were tragically Smog outbreaks occurred across the country during the 1940s. In the small industrial lent a new urgency for plan- illustrated by the 1911 Trian- city of Donora, Pennsylvania, 20 residents were killed by a smog cloud in October ners (among others) to take gle Fire in New York City, in 1948 (seen in this photo taken at noon). Pittsburgh Post-Gazette Archives, 2002, all into account public safety which over 100 working rights reserved. Reprinted with permission. concerns.

PLANNING COMMISSIONERS JOURNAL / PLANNING ABC'S

53 QUIET

The American city of the 1890s was cacopho- structed, increasing traffic noise and decreasing the area nous. City streets were not only filthy, creat- available for sound buffering. In metropolitan areas, ing public health hazards, they were also residential developments were also frequently built close to highways, with limited natural buffers. noisy. Cobblestone or granite Belgian block Efforts to reduce noise impacts often took the streets rang out with the clang and thud of form of sound-deflecting walls bordering steel-shod wagon wheels and the shouts the highway. of draymen. With masonry buildings In the development of new indus- packed close together, and sound trial and commercial areas, local reverberating off the hard sur- planning commissions increas- faces, noise was a constant ingly took into account noise factor in urban life. Not concerns in site plan surprisingly “rural quiet” review by requiring was one of the earli- the installation of est, and most effec- broad perimeter tive, sales pitches bands of earth for suburban berming development. and plantings Among the (such as dense considerations in sup- conifers and shrubs) port of the separation of to reduce sound trans- industrial and commercial mission to nearby homes. areas from residential areas Swelling air traffic after through land use zoning was noise World War II resulted in noise avoidance, that is, isolating the resi- problems in areas surrounding air- dential environment from the noise of ports. These problems escalated dra- commercial and industrial operations. matically with the arrival of long-range jet Similarly, the wide side yards and deep setbacks service in 1958. In many communities, air- from the street called for in suburban zoning were ports were moved to more outlying locations to based, in part, on providing residents with a quieter permit acquisition of longer runways and larger environment. clearance zones. Noise concerns affected national poli- A major concern of community planning in the 1920s cy in 1971, when Congress stopped development of an and 1930s was removal of through-traffic from residential American supersonic jet because of concern about the impact neighborhoods to eliminate unwanted 24-hour-a-day sound. This sonic booms would have on communities across the country. was complemented with a preference for locating playgrounds Noise remains a pervasive “quality of life” issue facing urban, and play areas conveniently near, not immediately adjacent to, suburban, and rural areas. While it no longer manifests itself in residences. Locations on elementary school grounds often the clang of wagon wheels on cobblestone streets, it now comes in served well. the form of highway and air traffic (as discussed above) as well as Quiet was also threatened by the increasing volume of auto from a proliferating number of other sources: jet skis in lakefront commuters into the city. The “parkways” developed in the 1920s areas; boom boxes and amplified music on downtown streets; and and 1930s were bordered by deep bands of trees, shrubs, and earth lawn mowers and leaf blowers in just about every suburban com- mounds, useful in munity – to name a damping the impact few. Planning com- of heavy-traffic noise missions are in- on surrounding areas. creasingly becoming The early Interstate expert in dealing Highways also tried with acoustical iss- to maintain a more ues, as they work parkway-like design. on noise ordinances But as traffic demand and zoning strate- increased, including gies to keep their the growth in long communities toler-

haul trucking, wider W. SENVILLE ably quiet. roadways were con- A ubiquitous sight along our highways: the noise barrier.

PLANNING COMMISSIONERS JOURNAL / PLANNING ABC'S

54 REGIONAL PLANNING Governor James Oglethorpe’s 1733 plan for planning. This was not surprising, given that most metropol- Savannah – America’s first regional plan – set itan areas of the time were wholly located within a single county. However, a broader view of regional planning a framework for growth by providing for took shape in the early 1920s when an influential development by planned neighborhood units, group of planners, housing advocates, and con- focused on public squares, and edged by servationists (including Lewis Mumford, through streets. A key feature of the plan Clarence Stein, Henry Wright, and Benton was the provision of public land MacKaye) founded the Regional Plan- reserves for future neighborhood ning Association of America (RPAA) additions. The plan also provided to promote the designed and for Savannah’s urban center to controlled expansion of the be bounded by small allot- American city. As Mum- ment gardens for grow- ford observed: “Regional ing food for family planning is the New consumption. Conservation – the These gardens conservation were, in turn, of human rimmed by a values hand- network of larger in-hand with farm plots. Each natural resources.”2 grouping of ten farms At the same time, shared a wood lot, providing the Russell Sage Founda- fuel and game. Oglethorpe’s tion funded the preparation recognition of the connection of a regional plan for a vast area between agricultural production and surrounding New York City, urban vitality remains instructive for stretching from central New Jersey to planners today. Connecticut. The RPAA had great hopes The first modern city plan of a regional that this plan would articulate a comprehen- nature was George Kessler’s 1893 metropolitan sive approach to regional land use planning, parks plan for Kansas City, Missouri (see “O is for preserving a distinct pattern of farmland, village, Open Space” in PCJ #47). Coincidentally, 1893 also saw and countryside. Instead, the plan focused on the the opening of Chicago’s Columbian Exposition, which development of road systems and regional park reserves. inspired The City Beautiful Movement in America and pro- It was this transportation-oriented model of regional vided the impetus for the landmark 1909 Plan of Chicago. The planning which took hold across America. Chicago Plan proposed acquisition of vast areas for future park One of the most significant federal actions in support of and forest preserves and a regional road system. regional planning occurred in 1969 with the issuance of “Circular Following a devastating flood in 1913, the State of Ohio A-95” by the U.S. Office of Management and Budget. “Circular authorized creation of the nation’s first regional functional author- A-95” was designed to implement the Intergovernmental Coopera- ity: the Miami Valley Conservancy District.1 The District operated tion Act of 1968, which recognized the need for “sound and within an “overlay zone” that ran orderly development of all areas, through communities in the region. both urban and rural.” A-95 The State authorized the District to required all requests for federal cate- plan; to build and own flood control gorical grants (nearly 150 programs) works; to tax property to pay for to be reviewed by area-wide plan- these undertakings; and to control ning agencies for consistency with land use for flood plain manage- regional plans. Although rescinded ment purposes. by President Reagan in 1982, the A- In the 1920s, regional planning 95 review process lives on in many was often equated with county states which provide their own mechanisms for such review. 1 The Miami Valley area of southwestern Ohio also led the way with another regional 2 From Mumford’s 1926 essay, “Regions — planning first: the adoption of the nation’s To Live In,” republished in Donald Miller’s first “fair-share” housing plan in 1970. See LIBRARY OF CONGRESS The Lewis Mumford Reader (Pantheon Books, “I is for Inclusionary” in PCJ #46. A view of Savannah, March 29, 1734. New York 1986).

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55 SUSTAINABLE DEVELOPMENT

Colonial Americans were well versed in what regional planning movement of the 1920s, led by Benton we would today call sustainability. As noted MacKaye, Lewis Mumford, and others. Regional planners envisioned growth being channeled within metropolitan on the preceding page (see “R is for Regional areas so that small villages and farmland would be Planning”), sustainable development was at the preserved against, as MacKaye put it, the “deluge” heart of James Oglethorpe’s 1733 plan for of metropolitan growth. Savannah. At Savannah, gardens and farms While regional planning never truly encircled the city’s core, permitting the implemented the vision of its founders community to provide for the full (focusing instead on developing range of its needs to maintain 1highway systems and recrea- both its existence and unique tional areas to accommodate character. Thomas Jefferson growth), the ideal of having also advocated a nation city and countryside grounded in agricul- harmoniously relate ture and local self- to each other and sufficiency. As to the natural he put it in environment, 1785 in his continued to Notes on the manifest itself in State of Virginia, American planning. “Dependance begets One example was subservience and venality, in the continued interest suffocates the germ of virtue, in developing new towns and and prepares fit tools for the communities which could meet designs of ambition.” residents’ needs, not just for hous- The benefits of sustainability would ing, but for work, shopping, food, and re-echo during the nation’s history. Often- recreation. This was seen in the greenbelt times, however, sustainability has been over- towns built during the 1930s (Greenhills, shadowed by countervailing forces, including Ohio; Greendale, Wisconsin; and Greenbelt, large-scale manufacturing and mass production of Maryland), and in more recent examples such as goods, and a heavy and growing dependence on non- The Woodlands, north of Houston. It is also reflected renewable resources. in the growing number of “new urbanist” communities In the 19th century, the benefits of self-sufficiency and a being developed today. sustainable way of living were most dramatically underscored Most sustainable development programs seek to promote by Ralph Waldo Emerson and the “transcendentalists,” including compact development, conserve farmlands and woodlands, pre- Henry David Thoreau, whose account of his two years at Walden serve close-in habitat for wildlife, reduce runoff erosion, promote Pond still strongly resonates today. local shopping areas, encourage energy efficiency, and facilitate Toward the end of the 19th century, leading planners in Eng- walking, bicycling, and efficient transit services. land and the United States were seeking ways of Planning for sustainability has also balancing explosive urban growth with a increasingly been linked to concerns sustainable pattern of living. This about social equity (see “J is for Jus- was especially evident in the Garden tice” in PCJ #46). This reflects the City movement pioneered by Ebenezer view that planners should promote a Howard, which sought to limit the size pattern of development that provides of cities to about 32,000 people; surround for all segments of American society, not the cities with broad belts of agricultural just the uppermost income strata. This land; and assure the continued existence of includes the opportunity to find an neighborhood-scale commercial, educational, affordable place to live, within reach and employment centers. This laid the ground- of job opportunities. The Ameri- work for an interest in managing growth, and can Planning Association has structuring the community based on stable neighbor- adopted these goals in its policy hood-scale units. guides on housing and smart Sustainability on an even broader Ebenezer Howard’s Garden City concept encircled the city with growth. scale was championed by the American broad swaths of agricultural land.

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56 TAKINGS “ No person shall be … deprived of life, liberty, or property, development rights the city made transferable to nearby sites. without due process of law; nor shall private property be Penn Central Transportation Co. v. New York City. taken for public use without just compensation.” Since its Penn Central decision, the Supreme Court – The Constitution of the United States, Amendments, Article V has become actively engaged in the review of state State and local governments have long been and local land use regulations. In general, the empowered to acquire private property for Court’s rulings have cut back on the land use public purposes so long as compensation is regulatory powers of state and local gov- paid. However, in the 1920s, cities and ernments by: towns began using land subdivision • finding a taking unless the govern- controls to require the “dedica- ment demonstrates an “essen- tion” (giving) of streets to the tial nexus” (i.e., close link) public – without compen- between the purpose stated sation – when land was in the legislation autho- subdivided. rizing the govern- Courts uniform- ment’s action and ly found no the particular “taking” re- constraint quiring com- on private pensation in such property. Nollan situations. They poin- v. California Coastal ted out that there was no Commission, 1987. public coercion since it was • finding the remedy for the landowner who initiated a taking caused by govern- the request to subdivide. They ment regulation includes the also stressed that the dedication award of damages to the property involved only a portion of a landowner’s owner, not just rescission of the law property and did not deprive the owner of or ordinance. First English Evangelical substantially all its value. This rationale was Church v. County of Los Angeles, 1987. followed in the 1930s to uphold subdivision • finding that any dedication of land (e.g., for requirements for the dedication of parkland. parkland, green space or recreational paths) The courts also upheld a broad array of land use required of a property owner through an admini- regulations designed to protect public health and safety. strative process, such as the granting of a permit While these regulations did not involve the direct public use (as opposed to through a legislative process affecting many of private property, they did have significant impacts by limiting properties) must be “roughly proportional” to the impacts the extent and density of development – and precluding potential- specifically caused by the new development. Dolan v. City ly more lucrative land uses. Among the early restrictions upheld of Tigard, 1994. by the Supreme Court: building height limits; bans on locating However, the Supreme Court has held that a moratorium on certain uses in or near residential areas; and building setback development pending completion of a long-range plan does not lines. Most notably, the Court upheld comprehensive zoning – necessarily result in a taking, especially if the moratorium is of laying the way for the explosive limited duration. Tahoe Sierra Preser- growth in local zoning across the vation Council v. Tahoe Regional Plan- country. Euclid vs. Ambler, 1926. ning Agency, 2002. After more than four decades of In the past decade, efforts (most- silence, the Supreme Court returned ly unsuccessful) have been made in to the land use arena in 1978. At state legislatures and in Congress to issue was New York City’s historic define a “taking” as any public designation of Grand Central Termi- action that reduces property value nal, which prevented Penn Central beyond a specified low percentage, from constructing an office tower and to require payment by the public over the Terminal. The Court held for “lost” value above this level. The there was no “taking,” as Penn Cen- potential impact of such legislation tral could earn a reasonable return on The Supreme Court found no “taking” in New York’s prohibiting on the ability of governments to reg- the existing Terminal, and from construction of an office tower above Grand Central Terminal. ulate land use would be enormous.

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57 URBAN SPRAWL

The term “urban sprawl” commonly denotes included policies designed to exclude the less well-to-do. a condition of unplanned, uncoordinated, and The Great Depression and World War II dampened the pace of residential sprawl. However, the construction in generally low density development spreading outlying locations of large-scale, single-story war outward from the city center. industry plants in the early 1940s led to the subur- Sprawl is not just a modern phenomenon. ban dispersion of what had been a central-city- In a sense, American sprawl began with focused production industry. the horse drawn omnibus of the 1830s, Of particular importance, the need which permitted the more well-to-do for the rapid construction of war to escape the center city for worker housing led Edgar Kaiser, more country-like surroundings, on the West Coast, and William where they could reside in Levitt, on the East Coast, to detached homes bounded develop the mass produc- by small grass plots tion of homes (before, and gardens. This home construction outward disper- had been in sion acceler- the hands ated with the of individual widespread ar- craftsmen, and rival of the steam often produced one railroad in the 1850s. house at a time). By Suburban villages sprang the late 1940s and early up along the rail lines. The 1950s, this production tech- introduction of the electric trol- nology allowed for the large- ley car in the 1880s permitted an scale construction of hundreds of even larger segment of the population single-family homes at a time, with to leave the center city behind, as trolley “cookie-cutter” tracts extending over car lines followed major streets to the edges thousands of acres. of the city. Federal and state programs, especially The suburban expansions of the late 19th cen- highway construction and FHA mortgage-insured tury, however, did not totally encircle the city. Being loans, fueled this growth. Suburban development rail-based, the overall pattern was one of a few routes spread with little overall coordination and scant atten- radiating out from the city center (where commerce and tion to long-term consequences. Primarily dependent on industry were still located), with residential development the private automobile, it quickly generated both traffic con- focused within a few blocks of either side of the transit line. gestion requiring immense sums for its temporary amelioration This left huge swaths of open space between the rail lines. and perimeter regional shopping centers accessible only by car. The nature of American sprawl changed radically with the By the end of the 20th century, sprawl had reshaped metropol- coming of the inexpensive automobile in the 1920s. No longer itan areas across America. While central cities still remained a limited to close proximity to major streets and trolley lines, low focal point for government, financial, and large corporation day- density development expanded to time office workers (and night-time previously inaccessible areas, often theater goers), they had been drained “leapfrogging” over undeveloped of newer production industries, and areas to more distant locations. of middle- and upper-income resi- Independent suburban villages, with dents. As development continued to their own land subdivision, plan- disperse, a new demarcation even ning, and zoning authorities, grew emerged: inner suburbs versus outer rapidly. suburbs, with inner suburbs starting Land speculation drove the to face a loss of economic vitality engine of regional development. as commerce and population relocat- Lacking regional government plan- ed to even more peripheral loca- ning and controls, each of the tions. Ominously, America’s entire plethora of small units of local gov- The electric trolley helped open the way for rapid suburban expan- sprawling, auto-centric development ernment legislated as it saw fit to sion. Ironically, trolleys (and light rail) are making a comeback pattern remained precariously depen- meet its own interests. Often this today in strengthening urban cores. dent on foreign oil.

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58 VISION

Many of America’s early planners were people depressions, and tree plantings to assure the isolation of visi- of vision whose creative imaginations continue to tors within this “Greensward” from the city immediately make our cities livable and memorable. In 1791, beyond. The Plan of Columbus, Ohio is an excellent Pierre Charles L’Enfant envisioned an immense, example of the value of vision in planning (as well world-class national capital on the Potomac. as how unforeseen events often permit visions L’Enfant’s plan included broad diagonal initially deemed “impractical” to be capable avenues cutting through a grid of of implementation in unexpected ways). streets. Key intersections of avenues This 1908 plan envisioned a new and streets provided settings for urban open space lined with public monuments and fountains. buildings, leading downhill In 1901, a team of from the State Capitol, termi- planners led by Daniel nating at a new armory Hudson Burnham un- located at the opposite dertook a vast ex- side of the Scioto tension of the River. The plan original plan, was immedi- continuing ately denoun- L’ Enfant’s central ced as too gran- axis to the west, and diose and impossi- reorienting it to pass ble to realize. But the through the Washington principal visions of the Monument. This created sites plan were shortly made real- for the Lincoln and Jefferson izable by fire and flood: the old Memorials at the end of grand axes.1 Columbus City Hall burned and Without vision in carrying the the Scioto River flooded, destroying L’ Enfant Plan forward, the Washington derelict riverside industrial buildings. Mall would have continued to be cluttered The result: A new city hall was built on with private interest activities, and the Washing- cleared ground next to the Scioto River. The ton Monument would be overlooking a vast river was widened and gradually lined with public Potomac River mud flat (referred to by turn-of-the- buildings. This new river-focused open space ended century politicians as “that Godforsaken swamp!”). at the restored Civil War Era Ohio State Armory. In this Instead, the Mall today provides a wonderful heart to our manner, the grand vision of the 1908 Plan was realized by capital city, while the mud flat is parkland providing the sites turning the original concept 90 degrees, substituting city hall for the Lincoln Memorial and Reflecting Pools, and more recently, for the state capitol, a historic armory for a new one, and water the Vietnam and Korean Veterans Memorials. Planners of vision for grassed esplanade. Indeed, the Columbus Civic Center was see potential; those without vision see only the swamp. ultimately realized at a scale more than nine times as large as In the 1850’s, Frederick Law Olmsted, Sr. and Calvert Vaux proposed in 1908! built on the creative vision of New York City’s civic leaders who In more modern times, visionary planning can be seen in the had purchased (for $5,000,000!) a site for an immense “central 1962 town plan for Reston, Virginia, a brilliantly conceived vision park.” Olmsted and Vaux planned for the recreation and public of “urbanism in the countryside;” in the 1979 Capital Center Plan health needs of a future city of millions, designing a park that for Providence, Rhode Island, which set the framework for the quickly became a national revitalization of that city and model. Central Park provid- for such amenities as the ed for separation of traffic recently completed Water- types, huge “natural” greens, place Park; and in compara- and the careful placement of ble planning efforts across perimeter walls, interior the country. Vision is imagi- nation capable of inspiring 1 The 1901 plan for Washington, planners and builders to D.C. is often referred to as the respect the works of today, McMillan Plan, after Senator James McMillan of Michigan who chaired while moving forward with the Commission which oversaw this greater visions of the com- remarkable planning effort. View of the axes of the Mall, from the McMillan Plan for Washington, D.C. munity of tomorrow.

PLANNING COMMISSIONERS JOURNAL / PLANNING ABC'S

59 WATER Prior to the 1750s, water was provided to Communities tend to grow upriver from the location of residences in America by onsite wells or by their original sewage outfall. The down river location of sewage outfalls generally attracts undesirable neighbors water sellers who went door-to-door delivering such as garbage dumps, feed lots, and heavy indus- water from nearby rivers or springs. Although trial uses. With sewer systems being gravity-dri- Bethlehem, Pennsylvania can lay claim to the ven, “better residences” sought sewer-served first pumped and piped water system in high ground upstream to avoid sewage America (1754), it was not until 1801 that odors and undesirable nearby uses. Philadelphia completed the first major Unfortunately, the spread of community-wide waterworks. development upriver, with its Philadelphia constructed its sys- resulting runoff and interfer- tem largely in response to ence with local aquifer devastating epidemics in recharge areas, posed a 1793 and 1798. In fact, threat to water sup- epidemics (coupled with the need to plies. As a result, control fires in cities sought dense urban water centers), precipi- sources often tated the develop- a considerable ment of many muni- distance away. Be- cipal water systems. tween 1905 and 1914, Until the 19th century, for example, New York individual residential cesspools City built huge reservoirs in and the pail system for removal of the Catskill Mountains, some waste from privy pits were the pre- 100 miles to the north. Around the dominant means for waste collection same time, Los Angeles undertook the and removal. The introduction of the water enormous Owens Valley Project, carrying closet and piped water supply resulted in over- water through a 240-mile aqueduct. The flowing private cesspools. This motivated con- Owens Valley project also reflected the truism struction of community-wide collection systems to that whoever controls the water supply of a region carry away sewage – to rivers and streams. Unfortunate- controls its potential for growth. ly, this remedy often shifted the pollutants to the water Since most early city centers were located along water- intakes of communities downstream. ways, flooding was a regular threat. Large-scale regional flood Solutions emerged in the development of filtration systems. prevention served as a primary motivation for regional planning The first slow sand filters for sewage were initiated in Poughkeepsie, in America. At the local level, many modern subdivision control New York in 1870. The next step forward, the intermittent filtra- ordinances include requirements for the retention and slow tion of sewage on sand beds release of storm waters in new (permitting air to enter initiat- developments (often through ing biological action and pro- dry basins or ponds on site). ducing a clear and odorless This has minimized flood effluent), was first used in a damage to neighboring and municipal system in Reading, downstream properties. Pennsylvania in 1908. By Federal and state clean World War I, most of the largest water laws have helped ensure cities in America had water fil- the supply of clean and safe tration systems, chemical water drinking water. One way has treatment facilities, and sewage been through the protection filtration plants. Nevertheless, and preservation of wetlands until 1940 more than half of and aquifer recharge areas, an America’s communities failed approach that has also provid- to treat their sewage in any way ed valuable refuges for migrat- before dumping it into a river The magnificent Fairmount Water Works in Philadelphia, built between 1812 ing waterfowl. or stream. and 1822, still graces the Schuylkill River.

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60 “X-RATED”LAND USES

There are a number of land uses that, although In lieu of zoned isolation, protection from the negative legal, are almost universally considered to be poor effects of such uses can be accomplished through use of “performance” controls (or standards). Such controls neighbors. These include sex-related busi- involve setting measurable maximum standards for nesses (such as “adult” book stores, “exotic” dance perimeter impacts, such as light, sound, smell, studios, and “strip tease” theaters), as well as sight, vibration, and traffic. Many uses now uses ranging from sewage treatment plants allowed only in industrial zones have virtu- and garbage dumps to feed lots and poul- ally no negative impacts on surrounding try farms. In recent years the acronym uses (or have impacts that could well “LULUs” has caught on to describe be addressed through good site these “Locally Unwanted Land design and buffers). Yet most Uses.” communities still adhere Local governments to the principle of zoned have been especially isolation formulated active in combating almost a century sex businesses. ago. While the U.S. Public Supreme discussion of Court has held where LULUs that sex business- are to be located es, such as adult book inevitably brings out stores, cannot be totally hordes of NIMBYs es- excluded from a community, pousing “Not In My Back the Court has left municipali- Yard!” Yet, many of the uses ties free to tightly regulate their generating NIMBY opposition are location. Most communities have re- essential to the community. These sponded by providing a limited number include garbage and trash disposal, as of zoning districts within which adult busi- well as sewage treatment facilities. NIMBY- nesses can be sited (though almost always as ism is most commonly followed by PIOTism, conditional uses). Adult businesses are invariably “Put It prohibited from locating within specified distances of Over There” schools, churches, parks, and other places of public (in HIS yard), assembly. In addition, zoning ordinances often include con- the “there” com- ditions such as screening the use and its parking facility from monly being in other view from surrounding properties and public thoroughfares. communities or in or Editor’s Note: for more on the regulation of sex businesses, see Terence near lower-income neigh- R. Boga’s “Zoning Adult Entertainment Businesses,” on page 12 of this borhoods. Some have issue. suggested (undoubtedly Early American land use controls often focused on what might as a hypothetical fanta- be considered the “X-rated” land uses of their day: fat trying sy!) that if each residen- plants, tar boiling facilities, dead animal disposal lots, slaughter tial neighborhood had houses, garbage dumps, and industrial production facilities. The to treat and dispose its principal issue was the location of these uses in relation to resi- own waste within its dential areas and places of public congregation. The most com- own geographic confines, mon local government response was to isolate all such uses, we would very quickly allowing them only in limited geographic areas, identified as have effective recycling, “industrial” zones. Interestingly, however, early 20th century resource conservation, “model” zoning ordinances did not prohibit offices, retail sales, or and environmental pro- even residential uses, from locating within industrial zones. The tection programs. justification for this, in theory, was that if the owners and occu- pants didn’t mind having “X-rated” uses for neighbors, they An earlier era: when smut should not be barred from locating in such zones. As the 20th cen- machines were for cleaning tury wore on, however, zoning codes increasingly came to prohib- wheat, not displaying obscene it business and residence uses in industrial zones. pictures.

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61 YOUTH

Concerns for the health and safety of children in the siting of large, architecturally impressive, central high were central components of ideal urban structure schools and their organized-sports fields. These schools became integral components of town and city centers. theories of the early twentieth century. Ebenezer High-school-age children thus had after-school Howard’s Garden City, promoted in his book access (either by foot or by electric trolley car or Tomorrow, a Peaceful Path to Real Reform (1898), rubber-tired bus systems) to downtown or consisted of six “neighborhood units” bound- “Main Street,” where the retail shops, the- ed by through-traffic streets, each with a aters, and other places of amusement central elementary school located just a were located. few blocks from the furthest resi- With the explosive unplanned dence. Forest Hills Gardens, Long Island, New York (1910+), perimeter suburban sprawl of was the first American the 1950s and the decades test of this school-child- that followed, concern focused neighbor- for the life patterns of hood idea. See N elementary-school is for Neighbor- and high-school hood. age children The culture became less shock of World evident. Safe War I brought on not local walk-in ele- only the wild excesses of mentary schools, no the Jazz Age of the 1920s, longer viable with the but also a heightened percep- lower densities resulting tion of youth as the promise and from the advent of large-lot resi- salvation of the future. In the planned dential zoning (as well as reduced neighborhood developments of the family size), were abandoned in favor 1920s, elementary schools were centrally of more far-flung locations. New high- located within easy walking distance of their school facilities were often located on large student population. tracts of open space at the perimeter of the com- The 1920s was also the first decade to feel the munity, often accessible only by school bus or severe negative impact of the automobile, with thou- automobile. The result was to isolate older children sands of school-age children being killed by motorists.1 In from access to community-wide facilities and events response, there was a movement to reduce or eliminate all except by parental, private auto, “taxi” service. through-traffic in new suburban developments. At Radburn (Fair There are signs of a reversal in this decades long trend, as Lawn, New Jersey) this emphasis on child safety resulted in the proponents of “New Urbanism” and “Smart Growth” advocate for total separation of vehicular and pedestrian pathways. Here ele- higher density residential areas, permitting reclamation of the mentary-school-age children could walk from home to school walk-in local elementary school, and increased provision of through center-block parks transit service, enabling older without walking along or students to access central across a street. areas of the community with- The educational and recre- out need for their own car. ational needs of older children The growing number of were provided for in the 1920s “safe routes to school” pro- grams also highlight a re- 1 While the number of miles traveled newed interest in enabling in motor vehicles was about 10 times young people to walk or bike lower in the mid-1920s than today, the to school. These programs are annual death rate per vehicle mile trav- eled (VMT) was much higher (approx- not only designed to provide imately 18 per 100 million VMT in health and safety benefits, but 1925, compared to 1.7 per 100 million to better connect children VMT in 1997). From, “Motor-Vehicle with their communities and Safety: A 20th Century Public Health Achievement,” MMWR 1999; 48:369- Architecturally impressive, centrally located high schools were common before with the natural environment. 374 (Centers for Disease Control). World War II – as in Fairhaven, Massachusetts.

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62 ZONING

The first modern American public land use approved the Los Angeles zoning if the brickyard in question zoning restriction was enacted in San Francisco had not also been a direct threat to the health of neighbors? In 1926, in Euclid v. Ambler, a case without a direct in 1867 to constrain the location of obnoxious health threat issue, the Supreme Court supported uses. Los Angeles, in 1909, applied land use controls comprehensive zoning, including the creation of to an immense area it had annexed, sparking a single-family residential districts. With the series of lawsuits that culminated in the U.S. Supreme Court’s ruling, comprehensive Supreme Court’s 1915 ruling in Hadacheck zoning spread across America, and v. Sebastian. The Court upheld the single-family-only districts became City’s prohibition of brickyards in a the preferred zoning for new resi- residentially zoned district, dential development. despite the fact that the Spatial segregation of brickyard in question pre- uses over ever-increasing dated the residential distances became a development. major characteris- While Cali- tic of American fornia cities ex- zoning. This plored land use controls, in often resulted the East the focus in rings of in- was on control of creasingly low den- building height, bulk, and sity single-family resi- yards. Actions to limit the dential zones as one moved height of buildings and to vary outward from the city center, these heights by zones taken in along with widely separated retail Massachusetts were found to be con- and employment areas. This pattern stitutional by the Supreme Court in yielded physical and social isolation Welch v. Swasey in 1909. This was followed by income, inability to support walk-in three years later by the Court’s clearly implied elementary schools, and immense infrastruc- approval of building setback controls in Eubank v. ture costs. Richmond. In the past decade (as noted in “Y” is for Youth) In the early decades of the 20th century, New York a counter-current has emerged. The “New Urbanism” City was faced with construction of tall buildings that cut and “Smart Growth” movements have sought to promote off light and air to the streets below and to surrounding build- infill and mixed use development. Instead of serving to ings. It also experienced an invasion of manufacturing uses into segregate and isolate land uses, zoning codes are being areas that were predominantly residential and business in charac- redesigned to foster development of neighborhoods of mixed land ter. In response, in 1916, New York enacted the first “comprehen- uses and varied life styles and income, often at higher densities. sive zoning code.” It utilized the three geographically zoned Also of note, a sort of “parallel universe” of land use controls elements that the U.S. Supreme Court previously acted on (build- that predate governmental land use controls has expanded in the ing height, setbacks and yards, form of private covenants and and land use) and combined restrictions applied to properties them in a single ordinance that in most new developments. What included the entire area of juris- these rules prohibit is already of diction. This combination of fac- greater consequence to many tors still defines “comprehensive Americans than what is set out in zoning.” the local zoning ordinance.1 Most communities hesitated to follow New York’s lead in 1 In 1998, there were some 205,000 pri- vate neighborhood associations, with adopting comprehensive zoning almost 42 million inhabitants — nearly 15 because the circumstances of the percent of the U.S. population. Over half Hadacheck case included an of new housing in the 50 largest metro immediate threat to public health areas is part of a private association. Com- Brick plants and yards were among the uses controlled by early land use munity Association Factbook, 1999 as well as the land use zoning regulations. Photo of brick plant in Willamina, Oregon, taken in 1912. (Alexandria, VA: Community Associa- issue. Would the Court have Copyright Yamhill County Historical Society; reprinted with permission. tions Institute).

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NOTES

65 A SHORT READING LIST

From the Editor of the Planning Commissioners Journal:

For those of you new to the planning commission who would like to learn more about the role of the commissioner, or about planning, I thought it might be helpful to recommend a few books. As a cautionary note, the following is only a sampling of the many good books you can find dealing with planning issues. I urge you to also speak with your planning director and fellow commissioners to find out what books they’ve found most useful.

Most of the books listed below are in print. We suggest you search online. Besides sites such as Amazon.com, a number of the books will be available through the American Planning Association bookstore.

If you’ve read the Planning Commissioners Journal, you’re already familiar with Elaine Cogan who for many years wrote the “The Effective Planning Commissioner” column. If you’re interested in further exploring many of the topics she covers in her column, you’ll want to obtain a copy of her excellent book, Successful Public Meetings: A Practical Guide.

The Job of the Planning Commissioner, by the late Albert Solnit, and The Citizens Guide to Planning, by Herbert H. Smith, are two well-organized books that provide a good overview of the planning process and the planning commissions role in it. The Job of the Planning Commissioner has especially helpful chapters on understanding the language of planning and zoning (containing short explanations of a number of terms you’ll run into) and on the importance of due process. The Citizens Guide includes thorough introductions to the role of the master plan, and key plan implementation tools: zoning, subdivision regulation, and capital improvement programs (topics also covered in Solnit’s book).

Community Planning: An Introduction to the Comprehensive Plan, by Eric Damian Kelly and Barbara Becker, provides a detailed look at the comprehensive planning process, focusing on how plans are prepared, what they deal with, and how they can be implemented. While the book is formatted, in part, for classroom use (each chapter includes follow up exercises and group discussion questions), it’s the kind of resource your planning department may want to have in its library (and, if your department doesn’t have a library, consider starting one!).

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Looking for a good summary of various approaches to controlling growth? We recommend Irving Schiffman’s Alternative Techniques for Managing Growth. The book is divided into short sections explaining thirty different techniques (ranging from Adequate public facilities ordinances to Zero lot line housing), including a brief description of how each technique works, followed by a summary of its potential benefits and limitations. While written primarily for a California audience, this book will also be of value to those living outside the Golden State.

Ever think a lawyer could write an engaging, easy-to-read book about development applications and zoning hearings? We’ll just take a look at noted land use lawyer Dwight Merriam’s The Complete Guide to Zoning: How Real Estate Owners and Developers Can Create and Preserve Property Value. It’s an insightful look at how the development review process works. While written primarily for those applying for permits, planning commissioners will learn much in just 250 pages from Merriam (who, we’re proud to say, also wrote several articles for the Planning Commissioners Journal, including “Procedural Due Process in Practice” and “Taking Aim at Takings Claims”).

One of the first “planning” books I stumbled across years ago -- but a book just as relevant today -- is Grady Clay’s Close-Up: How to Read the American City. Clay spent many years as a reporter and editor for the Louisville Courier-Journal. In Close-Up, Clay explores how cities are laid out, how different parts of the city work, and, most importantly, how people use cities. A very well-written, illustrated, and engaging book.

For an excellent look at American suburban development trends, take a look at Philip Langdon’s A Better Place to Live: Reshaping the American Suburb. Much of the book examines how planners and architects have been trying to respond to sprawl and come up with better forms of suburban development. Langdon condensed some of the principal points made in his book for a PCJ article, “New Development, Traditional Patterns.”

Former Seattle planning commissioner and real estate developer David Sucher hones in on small steps that can be taken to create better, more pleasant urban environments in his delightful, amply illustrated, short book (really more of a visual guide) City Comforts: How to Build an Urban Village. Planning commissioners will find many practical ideas and suggestions. Plus the book is simply fun to read.

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Beth Humstone has contributed more than a dozen articles to the Planning Commissioners Journal. She’s also co-authored with Julie Campoli two books we’d highly recommend. The first is titled, Visualizing Density. It focuses on the important question of what density looks like on the ground. Excellent aerial photos by Alex MacLean will help you better understand how different levels of density might best fit in your city or town.

Another collaborative effort of the Humstone-Campoli- MacLean trio is Above and Beyond, which looks at how land development patterns have been changing, especially in smaller cities and towns, and in rural areas. The authors also explore ways in which planners can respond and better plan for growth.

If you’ve enjoyed reading any of the two dozen articles Edward McMahon has written for the Planning Commissioners Journal, you’ll appreciate his Better Models for Commercial Development, published by The Conservation Fund in partnership with the Planning Commissioners Journal and the Smart Growth Network. This booklet offer great ideas (and photos) that will help your community in its efforts to get well-designed commercial development. Check online as it may still be available as a free download.

Also by McMahon, Green Infrastructure: Linking Landscapes to Communities, co-authored with Mark Benedict. The book expands on one of the key themes McMahon has covered in the PCJ -- the critical role that land protection and management play in the health of our communities -- and in our quality of life.

More Reading Ideas ...

We invited visitors to our PlannersWeb site to submit their list of the planning-related books they would most highly recommend. The following six books received the most recommendations:

1. The Death and Life of Great American Cities, by Jane Jacobs. It’s not hard to understand why this was the top recommended book by participants in our survey. Jacobs’ 1961 text has been one of the most influential in the field of planning. It is chock full of insights into how the built environment works, with an especially strong focus on the role of pedestrian oriented streets in shaping neighborhoods. While much of Jacobs’ book is focused on big cities, many of her points will have value even for those who live in small towns or suburban areas.

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2. Design With Nature, by Ian McHarg. One of the landmark works on how land use planning can take into account ecological considerations. McHarg pioneered in the use of environmental overlays to demonstrate how development can be sited while minimizing negative impacts on valuable areas, such as woodlands, wetlands, prime agricultural soils, and water resources. He also helped design The Woodlands in Texas, the first ecologically-based American new town.

3. The Geography of Nowhere, by James Howard Kunstler. This is a modern day jeremiad against the way the built environment has evolved in the last few decades. As Kunstler asserts, “Eighty percent of everything ever built in America has been built in the last fifty years, and most of it is depressing, brutal, ugly, unhealthy, and spiritually degrading.” This is a highly opinionated book, but one that will resonate with many readers. As one former planning commissioner who recommended the book commented, “Insightful, hard-hitting book that describes post-WW II development in the U.S.: isolated uses through zoning, poor design, and suburban sprawl.”

4. City: Rediscovering the Center, by William H. Whyte. Another “classic” in the field of planning. As one planning commissioner succinctly observed in recommending the book, “absolutely fascinating in its simplicity and common sense.” The late William H. Whyte pioneered in studying how built environments are actually used, and how this often differed sharply from what designers expected. Whyte’s ideas have been at the heart of the mission of Project for Public Spaces, whose staff prepared an excellent series of short articles for the Planning Commissioners Journal in 2011 and 2012.

5. Visions for a New American Dream, by Anton C. Nelessen. Like William Whyte, Nelessen has focused on discovering what people really think of their environment. He developed a “visual preference survey” method for seeking to quantify aesthetic preferences, as he explained in “Understanding & Making Use of People’s Visual Preferences,” an article published in the Planning Comm’rs Journal’s March/April 1993 issue. In this book, Nelessen details how planners can involve citizens in developing a vision for their community. As one planning director noted in recommending Nelessen’s book, “A wonderful, in-depth, yet readable ‘tour de force’ of the best in land use planning principles.”

6. Rural by Design, by Randall Arendt. An excellent, well- illustrated and written, resource for planners dealing with development in rural and outlying suburban areas. Arendt sets out a process designed to preserve valuable open space and natural areas, while accommodating development. Also by Arendt is another insightful book, Growing Greener: Putting Conservation into Local Plans and Ordinances. Excerpts from Growing Greener were included in the Winter 1999 issue of the Planning Commissioners Journal.

69 CONTRIBUTORS TO THE GUIDE

Many of the contributors to the Guide are (or were) planning commissioners who took the time to participate in one of our Roundtable discussions, or submitted a short article for publication in the Planning Commissioners Journal. Other contributors include professional planners and our regular columnists. For more information about contributors, search under the article title listed in the Guide on our PlannersWeb site: www.plannersweb.com.

We did want to make special note below of those Planning Commissioners Journal authors who are most frequently quoted in the Guide.

The late David J. Allor, FAICP, was for many years a professor of urban planning at the University of Cincinnati’s School of Planning. He was also the author of The Planning Commissioners Guide: Processes for Reasoning Together (published by APA Planners Press).

Carolyn L. Braun, AICP, is long-time planning director for the City of Anoka, Minnesota. She is a past president of the Minnesota Chapter of the APA. Braun has also served as a planning commissioner for thirteen years, eight as chair.

Michael Chandler, PhD, for many years taught planning and worked as a community planning extension specialist at Virginia Tech in Blacksburg. Chandler developed state and national planning education programs, including the Virginia Certified Planning Commissioners Program. He is past president of both the Virginia Chapter of the APA and the Virginia Citizens’ Planning Association, and is a former member of the Blacksburg Town Council.

Elaine Cogan is a founding partner of the Portland, Oregon, planning and communications firm of Cogan Owens Cogan. She has been a consultant to many communities undertaking strategic planning or visioning processes. Cogan is also author of Now that You’re On Board: How to Survive … and Thrive … as a Planning Commissioner (published by us) and Successful Public Meetings (published by APA Planners Press).

C. Gregory Dale, FAICP, is a founding partner of the planning and zoning firm of McBride Dale Clarion in Cincinnati, Ohio. Dale has managed planning projects and conducted training for planning officials throughout the country. He is also a former president of the Ohio Chapter of the American Planning Association.

Laurence Gerckens, FAICP, has served as national historian for the American Institute of Certified Planners, and was a founder of The Society for American City and Regional Planning History. He is emeritus professor at The Ohio State University, and has also taught urban planning history at Michigan State University, Kansas State University, and Goucher College.

The late Perry Norton served as the first executive director of the American Institute of Planners in the 1950’s. He also taught for many years at New York University. After retiring, Norton moderated one of the first online planners discussion groups in the mid-1980s.

The late Fred Riggins served as chairman of the Phoenix, Arizona, Planning Commission. His “Suggested Do’s & Don’ts” have been re-titled in his honor. The “Riggins Rules” were brought to our attention by Bev Moody of the Arizona Department of Commerce.

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