Ensure your zoning regulations are up-to-date by following these simple steps.
9-month clock starts. State statute and the Metropolitan Council require that “official controls” be updated within nine months of Comprehensive Plan Adoption. This includes zoning text, zoning map and subdivision ordinance.
Plan approval – Your 2040 Comprehensive Plan is approved by the Metropolitan Council and adopted by the City Council or Town Board.
Diagnosis – The process of updating the ordinance should begin with a thorough audit and diagnosis of what needs to be changed. Potential things to look for include: changes to existing district densities and lot requirements to conform with Comprehensive Plan densities; zoning map changes to conform with the Future Land Use Plan; text changes based on Plan goals; incentives consistent with housing and economic development policies; updates to outdated regulations; resolving inconsistencies; updates to minimize non-conformities.
Engagement – Hold meetings to identity issues and potential map changes. Re-engage comprehensive plan stakeholders as allies in support of implementation.
Draft – Be sure to draft any zoning code and subdivision ordinance changes, and map amendments that apply.
Public hearing – Once your zoning update plan is drafted, hold a public hearing for the Planning Commission to discuss further.
Adoption – Revise your draft per the feedback received from the Planning Commission and submit to the City Council for plan adoption.
Communities should also plan to implement and educate during the planning process to ensure a successful outcome.
Plan to implement. Keep track of zoning items during the comprehensive plan update process and in the final year of planning, incorporate an implementation line item into next year’s budget. It takes zoning to implement many of the land use and housing goals set forth in the comprehensive plan.
Plan to educate. What is zoning? What can and cannot be achieved through zoning? Plan to keep a list of policy issues that need to be addressed separately, such as property maintenance.
As of September 1, Texas has made several changes to the land use planning review process. Specifically, the site plan and subdivision platting approval processes have been shortened to 30 days. The chart to the right demonstrates the revised work flow and timelines used in order to compile with the new planning review process. This new schedule is increasing pressure on local municipalities who are likely feeling pressure to comply with the new application process.
Our community planning team is experienced with navigating legislative
and ordinance process changes that create tight deadlines. We have spent years leading
clients through city internal reviews and staff capacity issues. By assisting
with ordinance and procedural changes, tracking applications, handling
communications, and ensuring that all statutory requirements are met, we help our
clients meet the needs of their communities. Our team uses an interactive and
quality control approach to account for every detail to ensure our clients’
success and the smooth operation of their Planning Department.
Client communities can relax and feel confident that their boards, councils and commissions have all the information they need to make educated decisions during the changing legislative landscape and the entire planning review process.
So, your comprehensive plan is done – and everyone is breathing a big sigh of relief. Now what?
A community’s comprehensive plan includes recommendations on
land use, housing, and other areas that are described and enforced by that
city’s zoning ordinance and subdivision ordinance. Without updating the zoning
ordinance many planning goals may not be attainable. Zoning is important to
promote and manage growth and to help residents and businesses manage
expectations about what they and their neighbors can do with their property. Simply
put, you can’t attain the development goals established in a comprehensive plan
without a zoning ordinance.
A sense of relief and accomplishment at the end of the comprehensive
planning process is understandable; it can take years to update a comprehensive
plan. As a former local government planner, I have been asked many times if a
plan will just “sit on the shelf.” This often stems from a lack of ability to
build the plan. Zoning means different things to different stakeholders. For
developers, zoning is a building tool. For residents, it is a tool used for
protection from the unknown. For local government, it is a tool to promote the
prosperity, health, and welfare of the whole community. For planners, zoning is
a tool to achieve the plan goals. Turning a comprehensive plan into a reality
can be largely based on the zoning ordinance. An update to the zoning ordinance
should be incorporated when updating a comprehensive plan.
Here are four reasons to update your zoning ordinance:
An update leads to increased buy-in from elected officials and community stakeholders. Planning is a visionary process. If stakeholders know that the zoning comes next, they may be more likely to participate and stay involved. The zoning ordinance puts plans into action.
It helps ensure the zoning work will be completed and budgeted for in advance of planning fatigue that can overwhelm the late phases of updating the comprehensive plan.
The comprehensive plan visioning may be stronger with the knowledge that zoning should occur immediately following completion. The comp plan will be more targeted to the conditions of the community and supported by stakeholders and elected officials. In other words, visions are rightsized to the community.
The plan visions may be sooner realized. Oftentimes planning fatigue and competition for staff time and resources result in zoning updates being pushed off for months or years, potentially resulting in legal challenges or extended project timelines.
And beyond just planning for the zoning update, here are six
reasons to update your zoning ordinance:
Legal protection. Zoning decisions that have no basis in the comprehensive plan are more successfully challenged in court. There must be a rational basis for zoning decisions and requirements. Additionally, cities in the Twin Cities metropolitan area must comply with the Metropolitan Land Planning Act which imposes certain mandatory zoning and regulatory requirements and requires that zoning directives harmonize with and not contradict the comprehensive plan.
To reflect federal and state law pertaining to land use and zoning. For example, how we regulate non-conformities has changed in Minnesota, with local authority over non-conformities weakening. Also, legal decisions regarding signage impact how local government reviews sign applications.
To incorporate plain language and resolve internal conflicts that are the result of decades of incremental updates. The use of plain and clear language to define uses and terms strengthens the legal standing of ordinance interpretations.
To address confusing concepts that have led to inconsistent application of code. Modern zoning codes use graphics to illustrate concepts such as setbacks, lot coverage, and floor area ratio.
To adapt to societal changes that conflict with narrow use categories and single-use zoning, such as allowing home offices, businesses, accessory units, and accessory structures within homes and on single-family lots.
To incorporate best practices in land use and development that focus on how a building fits into its context and ways to mitigate use conflicts rather than narrowly legislate use of private property.
Although, there are many factors that determine how quickly
a comprehensive plan can become a reality, zoning is certainly not a factor to
discard.
WSB assisted Brooklyn Park and Brooklyn Center in securing a Minnesota Department of Employment and Economic Development (DEED) Youth at Work Competitive Grant for a combined $150,000 in funding. The funding will be used for the cities’ collaborative workforce development program BrookLynk in 2020 and 2021. Directed by Brooklyn Center and Brooklyn Park, BrookLynk is a youth employment program dedicated to addressing the regional talent and workforce needs of the communities through a strategy that explicitly supports and invests in young people facing barriers to employment. The grant funding will assist in scaling the program to help train more youth to join the future workforce and build the talent pipeline.
Creating a livable city space for residents to enjoy is no easy feat.
Civil engineers who dedicate their careers to supporting a specific city or municipality are known as municipal engineers. You may only know of one main city engineer in your community. However, there is likely a team of municipal engineers working behind the scenes to ensure all city operations are running smoothly.
Here are five things that municipal engineers do to support your community.
1. Design
One of the most noticeable
things that municipal engineers do is design the public infrastructure in a
community. Local streets are designed to get you around town. Public utilities
are designed to provide drinking water and indoor restrooms to homes and
businesses. Trails are designed for recreational enjoyment. Storm sewer systems
are designed to properly manage storm water runoff and prevent flooding. All the
above and more are designed by municipal engineers.
2. Review
Developers and
residents rely on municipal engineers to review developments within their city.
Large-scale developments, usually done by a developer for a residential,
commercial or industrial area, take thorough reviewing by municipal engineers
to ensure the development is compliant with city rules and regulations and adds
value to the community. Similarly, residents with plans to modify their land seek
approval from municipal engineers to ensure their design and modifications meet
community standards and avoid potential issues for neighbors or future
residents.
3. Plan
Municipal engineers are
always looking to the future. They develop Capital Improvement Plans (CIPs) to
identify the most crucial needs of the city and plan for future projects. These
plans typically project 5-10 years into the future. Additionally, municipal
engineers work with city planners and regulatory agencies to establish
comprehensive plans for the community. Most comprehensive city plans typically
project 10-20 years into the future.
4. Budget
Managing a city’s
infrastructure budget is an essential part of being a municipal engineer. Cities
often operate on a limited budget so they must think carefully about where to
allocate their spending. Likewise, municipal engineers assist cities with applying
for state, regional, and federal funding.
5. Collaborate
Municipal engineers collaborate with invested stakeholders to improve their communities. Through public engagement and speaking with residents, city officials, regional and state agencies, they gather input and analyze the best course of action to create a viable city that works for everyone.
Robert’s Rules of Order were first published in 1876 and were named for Colonel Henry Martyn Robert, a military engineer in the United States Army. Robert developed the rules after being asked to conduct a meeting at his church. Due to his inexperience in this role and no shared understanding among the attendees as to how a meeting should be conducted, the outcome was unproductive and disappointing. Robert recognized the need for a uniform understanding of parliamentary procedures and went about developing a reference document.
Robert’s Rules of Order provide a basis for the conduct of public meetings and a framework for the decision-making process. This guide to parliamentary procedures helps ensure that the rights of all participants in the process are recognized and considered. Having a set of rules to follow for decisions can be particularly useful in very contentious situations where there may be very differing and heated opinions.
How to apply Robert’s Rules of Order
The chair or other designated leader of the meeting should have a familiarity with Robert’s Rules of Order as well as any other rules specific to the organization. Even if an organization adopts Robert’s Rules of Order for the proceedings, other rules of the organization may still take precedent. While the specific rules are very detailed and extensive, in most cases conducting business first involves someone putting forth a motion for the assembly to take some sort of action. Most motions require a second, meaning another member agrees that the motion should be considered; this is to prevent a single member from consuming the assembly’s time with matters of importance only to them. Once seconded, the issue is debated and can be amended before a vote is taken.
During debate, assembly members should focus their comments and discussion on the question at hand, address their comments to the presiding officer (chair, mayor, etc.), and leave out remarks related to the personalities or motives of others. On occasion at City Council meetings, the City Attorney may be consulted to provide guidance regarding specific steps that must be taken, as they generally have the most in-depth understanding of statutes and other local rules.
Community leaders and local residents gathered in downtown Rochester yesterday to break ground on the Hyatt House-Civic on First project. Referred to as the “new gateway to the city”, the $46 million project features a 172-room extended stay hotel.
Formerly the home of the beloved community watering hole, American Legion Post 92, the Hyatt House has a large footprint to fill. The over 30-year-old downtown establishment bid a bittersweet farewell to Civic Center Drive and its loyal patrons, but remained optimistic for future development efforts. The Hyatt House hotel is expected to connect the Rochester community and Mayo Clinic campus and spur economic development growth in the area.
Our Land Development team assisted EKN Development Group, PEG Companies, and HKS as the Planning and Entitlements Lead. We completed the planning and entitlement process, civil engineering, geotechnical, survey, and landscape architecture work. Completion for the Hyatt House project is anticipated for summer 2020.
Integrated design brings together a diverse team of design professionals on one project. Projects benefit from this approach because a wider range of experts is contributing throughout the project as a team, rather than acting independently.
Early integration is crucial to reduce the potential for expensive conflicts as design progresses or implementation begins. The integrated design approach involves all parties, including design professionals, clients/owners, permitting agencies, and others. Involvement may also include cost analysis specialists, construction managers, and contractors.
No matter what that project type, an integrated approach helps ensure a holistic outcome rather than a culmination of interdependent elements. Below are two examples of what teams could look like.
Example 1
A site development project is led by a landscape architect or civil engineer with direct integration of specialists such as environmental scientists, ecological specialists, engineers, building architects, electrical engineers, irrigation designers, and the client (including their operations and maintenance staff).
Example 2
A roadway corridor project is led by a transportation engineer and/or a planner. The team for this type of project may integrate urban designers/landscape architects, engineers, environmental scientists, right-of-way specialists, and representatives from numerous government agencies.
Design charrettes and brainstorming sessions are often utilized heavily in the beginning phases of project planning and design. This helps the team identify key goals, strategies, and desired outcomes of the project while also establishing areas of conflict or design implications. Including a diverse range of professionals means a better likelihood of achieving creative solutions that might not be explored in a conventional, non-integrated approach. As the project develops into the construction documents phase, continued collaboration is required to ensure compatibility of spatial character, uses, spaces, materials, and other factors. This approach can also identify conflicts that might not otherwise be identified until late in design or into construction, avoiding unanticipated costs or redesign.
Although an integrated approach provides better results, it is important for consultants and clients to judge how extensively integration needs to occur based on costs and benefits. Some projects are smaller in scale or fee, which can make an elaborate integrated approach difficult to justify. Clients should also be aware that the term “one-stop shop,” often utilized to describe multi-disciplinary firms, does not necessarily mean that an integrated design approach is used for projects. If it is unclear or unproven, clients should ask the consultant to describe how the various team members will be integrated throughout the design process. The ultimate goal is to achieve higher quality projects with increased cost effectiveness to clients.
A Planned Unit Development (PUD) is a zoning designation used to ease the strict application of a zoning ordinance in exchange for creativity in development. A PUD is often used to provide deviations from standards such as setbacks, height, density, uses, and other regulations. A PUD is used when planning for larger areas (one acre or more), planning for multiple contiguous sites, or accommodating multiple buildings on one site. The area should be under unified ownership at the time of a land use application for a PUD. In exchange for deviations from the zoning requirements, benefits such as additional greenspace, pedestrian or transit amenities, enhanced energy efficiency or stormwater management, affordable housing, mixed use, or enhanced architectural features are usually provided by the developer to achieve a higher quality development that might not otherwise occur.
When to use a PUD
A PUD is used to implement development goals identified in a community’s comprehensive plan. PUD process is not just an alternative to variances – it should be considered for unique development projects where the public benefit or development goal is clearly understood, and when the project would not otherwise be permitted through strict application of the zoning ordinance.
What to consider when developing a PUD
When developing a PUD ordinance, be sure to identify amenities or conditions that will help achieve the goals and objectives of the community’s comprehensive plan. A PUD ordinance should only be used if these amenities or conditions are offered by the developer. You may want to specifically list in the ordinance which specific zoning standards were deviated from.
A PUD designation is a similar process to rezoning. Think of each PUD as a customized zoning district that specifically identifies the location of buildings, uses, architectural design, etc. A PUD is a great tool for encouraging creativity and providing flexibility from the zoning ordinance, but once it is adopted any future change could require an amendment, depending on whether it is a major or minor change. A minor change can be approved administratively, while a major change would need to follow the same process as a rezoning. The community’s ordinance should identify which changes are considered minor or major.
Monumental advances in technology and data management over the past two decades coupled with a global increase in the urban area population have paved the way for integrating more technological networks into the built environment and public engagement processes. There is a demand for increased public accountability, constant access to real-time data, and a growing awareness of the need to develop cleaner and more cost-effective infrastructure systems. A Smart City systematically incorporates data and technology into existing frameworks to efficiently operate local systems, reduce costs, enhance quality of life, and invite more sharing of ideas.
Why a Smart City initiative?
Planners will play an important role in the future of Smart City development and are already facing important questions related to technology deployment, data collection, and overcoming technology access and equity concerns. The American Planning Association (APA) developed its Smart Cities and Sustainability Initiative to affirm the relevance of Smart City technology to the field of planning and to identify what critical technologies planners will need to pay attention to in the decades to come. The main goal was to gauge the knowledge and interest level of planning professionals in different aspects of Smart Cities and to make recommendations about how to support the interests of planning professionals going forward.
Overview of Smart Cities components
The concept of Smart Cities can seem intangible. The Smart Cities and Sustainability Initiative report gives a broad overview of the key components of Smart Cities and provides a framework for understanding and tying the concept to the planning profession.
Broadband network expansion – High-speed broadband networks will become a staple of Smart City technology. The definition of “high-speed” is continuously changing, and the demand for streaming services and cloud computing are pushing the limits of what is considered fast and reliable access. The FCC National Broadband Plan has a goal of delivering 100 mbps broadband to anchor public institutions like libraries, schools, and government centers by 2020.
Smart Cities will need to balance investments in both broadband and wireless network access to meet the needs of a diverse customer base.
Technology and data applications – Smart Cities require incorporating more data into existing systems. Smart Cities put data to greater use, which requires enhanced points of data collection integrated into infrastructure. The Smart City is adept at “collecting, communicating and crunching” data (Smart Cities and Sustainability Initiative, page 12), as well as using data to optimize systems and anticipating problems before they occur.
Sustainability, resiliency and energy – Much optimism surrounds the idea of using Smart City technologies to improve the energy efficiency of local and regional systems. Deploying “smart grids” will allow for automated and adaptable energy delivery systems. Green building technologies will help improve the energy efficiency of buildings, the single-largest carbon emissions source in the world. Planners can influence code and ordinance development to help usher in these changes in the built environment.
Equity and the digital divide – While Smart City technology has the potential to be transformative, the increasing role of technological services raises the important question of access and equity. The potential exists for certain populations to be systematically excluded or underserved by Smart City technology, including seniors, low-income families, minority households, and individuals without a college education (Smart Cities and Sustainability Initiative, page 14).
Governance and the planner’s role – Smart Cities implies an increasing reliance upon technological applications for public feedback and engagement. The hope is that increasing the access points for public engagement through technology will reach more people than traditional methods. Planners will need to use this technology in a transparent fashion and ensure that public trust is maintained.
Findings of the Smart City initiative: What is of most interest to planners?
The APA Smart Cities Initiative Task Force incorporated a listening phase, which directed outreach to APA members through a survey including 14 different Smart City topics, asking participants to rank the importance of these topics, their interest and their desire to learn more about each topic. The listening phase also included an ideation tool online forum, and an innovation portal hosted by an APA-based LinkedIn portal.
Green building and site design, socio-economic disparity, and renewable energy and efficiency were ranked as the top three areas of importance by survey respondents. Public safety and freight supply were ranked as the least important. Interestingly, public safety also ranked as the subject area that most planners want to learn more about. The full list of topics and the results matrix is included here:
Photo Credit: Appendix (page 30) of APA’s Smart Cities and Sustainability Initiative report
Moving forward
The report concludes by observing that planners have an interest in Smart Cities, and recommends that APA develop strategic actions, including:
Centralize innovative information surrounding Smart Cities for use by planning professionals
Develop comprehensive plan Smart City guidelines
Partner with research entities to increase the body of knowledge on Smart City technologies
Utilize APA’s National Planning Conference as an opportunity to teach about technology
Work with AICP to train planners on integrating technology systems
Create a divisions council initiative for Smart Cities
Offer ethics training related to big data
Advocate for policies that bridge the digital divide
