Note from PCJ Editor Wayne Senville. Our just published Spring issue features an article by PCJ contributing writer (and long-time Florida planner) Wendy Grey about a topic that virtually every planning commissioner will face -- the relationship of the local comprehensive plan and implementing regulations, such as zoning ordinances.
I asked Wendy some questions to further explore what she covers in her article.
Wayne Senville: In your article in our Spring issue ("The Comprehensive Plan and Land Development Regulations: Putting Words Into Action"') you focus on ways of making the comprehensive plan and local land development regulations work better together. But in some communities, plans seem of distinctly secondary importance to land use regulations, since it's the regulations that have direct consequences for developers, businesses, and residents. This can be frustrating to members of local planning commissions, especially if they've invested a lot of time on working on the comp plan.
Are there suggestions you have for how comp plans can become more valuable in actually shaping land use policy and not just sit there on the proverbial shelf?
Wendy Grey: Since the land development regulations are intended to implement the plan, it is probably not practical, or helpful, to have every land use decision tied directly back to the comprehensive plan. But there are instances when relying on the plan can benefit the decision making process and remind folks why the plan is there.
Take rezonings as an example. Often, rezoning decisions revolve around whether the adjoining property owners object to the request. From a long range planning perspective, rezonings tie back directly to the future land use map, which depicts the desired relationships of land uses to each other. In reviewing rezoning requests, a significant part of the planning commission’s analysis should be based on whether the rezoning is consistent with the comprehensive plan, not just whether or not there are objections from neighbors.
Another way to keep the plan relevant is to spend some time reviewing it. Consider having an agenda item every few months that reviews some key objectives of the plan and how they are (or are not) being achieved. Based on these discussions, the planning commission may wish to recommend changes either to the plan or the regulations.
Wayne Senville: In many places, comprehensive plans seem replete with words like “may,” or “to the extent possible,” or “should consider,” instead of outlining what “shall” be done. In your article you discuss the difference between prescriptive plans (where language in the plan can almost be copied and pasted into land use regulations) and plans that build in more flexibility. How do planners and planning commissioners determine which approach would work best in their community’s comp plan?
Wendy Grey: The plan may have both types of policies, depending on the result you want to achieve. In the article, I use the example of comprehensive plan policies intended to promote downtown redevelopment. The plan could contain policies that specify exactly how tall buildings should be, the size of ground floor windows, and sidewalks widths. But that regulatory approach won’t necessarily encourage redevelopment and may actually impede reinvestment. In this example, the intent of the policy, as a guide to developing regulations, is more relevant than the specific standard. So, the plan directs the City to develop codes that address design features to create a safe and welcoming environment, but does not specify the precise standards.
On the other hand, prescriptive language is appropriate when the community value is very explicit. I recently reviewed major changes to the comprehensive plan in a coastal county in Florida. Many of the proposed changes moved the more regulatory language to the land development code. When it came to building heights along the coast, however, it was quickly decided that the four story height limit in the plan would not be removed. The control of building heights along the coast was such a strong community value that it was retained in as a requirement in the comprehensive plan, and, subsequently, the land development code.
Wayne Senville: It has often seemed to me that local zoning regulations face issues not addressed in the comprehensive plan, or not addressed very clearly, especially once the plan is five or ten years old. Zoning regulations then seem to be based more on ad hoc considerations or policy preferences of the governing body. What you almost end up with is the regulations leading the plan. Are there any ways of dealing with this?