320 likes | 500 Views
Local Planning Assistance Office Planning Commissioner Training. Dynamics of County Planning. What is planning?. “Planning is…finding out where you are, where you want to go, and how to get there.”. Planning Activities Worksheet. Identify problems or issues Analyze the problems or issues
E N D
Local Planning Assistance OfficePlanning Commissioner Training Dynamics of County Planning
What is planning? “Planning is…finding out where you are, where you want to go, and how to get there.”
Planning Activities Worksheet • Identify problems or issues • Analyze the problems or issues • Formulate goals • Develop and evaluate alternative courses of action
Planning Activities Worksheet • Select a preferred alternative • Implement the preferred alternative • Monitor implementation and make adjustments based upon results and/or changing policies
Background and Legal Basis Legal Basis – 1935 Legislation
1935 Enabling Legislation & Additions • Regional Planning • Regional Subdivision Regulations • Municipal Planning • Municipal Subdivision Regulations • County Zoning • Municipal Zoning • Municipal Zoning Outside Boundaries (1959) • Historic Zoning (1965) • Airport Zoning (1945)
Background and Legal Basis Legal Basis – 1935 Legislation • Legal responsibilities of the planning commission • Types of Planning Commissions • Police powers & corporate powers
The Planning Commission… • 5 to 15 members • Created by State of TN/Dept of ECD/LGPAC • Less than a majority are salaried public employees • Chair • Secretary • “Executive Engineer Secretary”
Powers and Duties of Regional Planning Commission • Promoted Cooperation & Coordination • Review Public Improvements • Prepare a General Regional Plan • Subdivision Regulations
Powers and Duties of Regional Planning Commission • Mandatory Referral (limited) • Prepare & recommend a zoning ordinance & map • Review of amendments to the zoning ordinance or map
Scenario #1 Question: May a County “Quarterly Court” abolish a regional planning commission established pursuant to TCA 13-201 (now 13-3-101)? (AG Opinion #24; August 13, 1974)
Scenario #2 • Question: • In a county that includes a Regional Planning Commission, and also includes multiple Municipal-designated Regional Planning Commissions… • 1. Which regional planning commission(s) should have reviewed the original zoning plan? • 2. Which regional planning commission(s) should have reviewed past amendments to the zoning ordinance, whether textual or rezonings, and which should review future amendments? • 3. If zoning has not been done correctly in the past, what does the County need to do to correct any past errors? • (A.G. Opinion #99-150; August 16, 1999)
Six Steps of Comprehensive Plan Process • Identification of issues & problems • Inventory of community conditions & problems • Formulation of community goals and objectives • Formulation of policies and plan • Implementation of plan • Plan review
Seven Elementsof Comprehensive Plan • Introduction • Background for planning • Economy and population • Land use & transportation plan • Community facilities plan • Public improvements program • Implementation plan
Four Purposesof Comprehensive Plan • Represents community’s vision • Fulfills a legal obligation • Guide for decision making • Single cover for policies such as: • Land use • Utilities • Recreation • Transportation
Implementation Tools • Subdivision regulations • Zoning • Capital Budget/Public Improvement Program
Subdivision Regulations • Definition • Steps of plat approval process • Street acceptance • Remedies • Restrictive covenants “Subdivision” means the division of a tract or parcel of land into two (2) or more lots, sites, or other divisions requiring new street or utility construction or any division of less than five (5) acres for the purpose, whether immediate or future, of sale or building development, and includes resubdivision and when appropriate to the context, relates to the process of resubdividing or to the land or area subdivided.
Zoning Watershed decisions Exemptions
Zoning Exemptions • Agricultural land and/or buildings • Historic Zoning • Airport Zoning • Solid waste facilities • Residences of retarded or handicapped persons • Manufactured residential dwellings • Telephone and telegraph facilities • Tellico River Development Authority • Transfer of development rights • Contract zoning • RLUIPA
Zoning Watershed decisions Exemptions • Adoption & amendment • Enforcement & administration • Board of Zoning Appeals
CASE STUDY “Rezoning by Popular Demand”
Capital Budget • Target Date/Population Milestone • Five-Year Increments • Financial Plan • Update,re-evaluate, re-prioritize annually
Ethics • Principles • Conflict of Interest • Sunshine Law • Due Process
Annex within Growth Boundary • Requires very strong service plan • Eliminates annexation/incorporation out of fear • Establishes incentives to annex when appropriate • Better timing of development & public services • Stabilizes county’s education funding base • Minimizes urban sprawl
Reopening of Growth Plan • Has growth occurred where you thought it would? • What is the impact on city services? • Do you need to make changes to your growth boundaries?
Dynamics of County Planning Questions/Discussion