IS IT TOO LATE TO PLAN FOR THE USE OF OUR LAND?
Plans and in particular land use plans provide a framework for government decision making. Land use plans are used most commonly as a guide for zoning. Today's land use planners are contemplating the consequences of older plans and considering new concepts. The following information provides some background on land use planning.
For the past 50 years, urban development has occurred by low density development, namely, suburbanization and sprawl. This development pattern offered home ownership, modern schools, responsive local government and an uncrowded environment of clean air. With widespread automobile ownership and an expanded interstate highway system, it offered mobility.
Although urban expansion contributed to economic growth, it produced problems now being described as serious threats to long term economic success. Problems related to sprawl include the expense of maintaining far-flung highways and other infrastructure systems that support low-density development while the cost of new infrastructure escalates. The cost to business includes lost wages, productivity and reduced quality of life. The current pattern of low density development causes permanent loss of prime agricultural land and damages large ecosystems.
Low density development usually creates few low or moderate income housing. Low income people are left concentrated in the cheapest, most deteriorated housing in center cities. Without adequate public transportation or cars, access to jobs created in outer areas is not possible.
The mobility of people who cannot operate automobiles, namely, young people, elderly, people with disabilities, is restricted. Automobile dependency leads to lost time and productivity, personal injuries, urban air pollution. Urban sprawl has moved from an engine of growth and progress to an economic burden and a threat to quality of life.
STATE WIDE PROPOSALS
Across the State of Ohio citizens are discussing current development and land use patterns. Alternative scenarios and visions are being proposed. Recently, Cleveland inner ring suburbs joined to oppose new highway development. Religious groups are discussing the negative impacts of sprawl on inner city & rural areas.
EcoCity Cleveland, a nonprofit environmental planning organization, has proposed A SMART GROWTH AGENDA FOR OHIO. The Smart Growth legislative agenda for Ohio shapes a new approach to development, redevelopment and resource conservation. It proposes: integration among state programs regarding development, redevelopment and resource conservation-cooperative planning efforts; and a primarily incentive based approach rather than regulatory. A state level planning organization would be created and an incentive-based state investment program developed targeting compact growth areas.
In 1997 the Ohio Farmland Preservation Task Force issued a final report. Governor Voinovich appointed the task force to investigate farmland loss, identify voluntary incentives to preserve farmland and recommend ways to retain land in agricultural use while protecting private property rights. The report recognizes: "Preservation of a healthy agricultural economy and urban revitalization are two sides of the same coin. Strategic planning for one must incorporate the dynamics of the other." Key recommendations of the Farmland Preservation Task Force include:
 Make farmland preservation a state priority.
Create an office of Farmland Preservation within the Ohio Department of Agriculture.
State agencies and programs adopting guidelines to ensure actions to avoid the unnecessary conversion of farmland to other uses and encourage redevelopment of urban areas.
Encourage local governments to prepare comprehensive land use plans identifying urban service growth areas, discouraging duplication of services and encouraging preservation of farmland.
Giving County commissioners a greater role in the coordination of local land use plans, infrastructure and regulation of septic systems.
More efficiently utilize existing infrastructure in urban areas.
Following the Task Force report, an Office of Farmland Preservation was created in the Department of Agriculture. Although legislation was introduced to implement other recommendations, hearings were never held.
In 1975, the Ohio General Assembly created the Ohio Land Use Review Committee to examine planning and land-use control at the state, regional, county, township and municipal levels. Based on 2 general principles: local government should have the primary role in land use management, and comprehensive planning is essential, a broad array of changes were proposed. These included greater responsibilities for county and regional planning commissions, and enhanced authority for municipal and county planning commissions. Legislation to implement the Committee report was never enacted.
PLANNING AND ZONING
Under the Ohio Constitution, the power to plan and zone or regulate land use belongs to the General Assembly. Most state authority to plan and regulate land use has been delegated to local government. In recent years some of the delegated power has been taken back to address state wide concerns, especially in the environmental arena.
Planning and zoning are not the same. A plan is a guideline for future growth, usually portraying a 20 year period. Zoning is concerned with property use and its regulation under the police powers of government. One of several tools used to implement a land use plan, zoning reflects a shorter range perspective of land needs within the framework of a comprehensive plan.
The power to plan aides a community in determining where it is, where it wants to be and how to get there. A plan is a guide to reach one or more objectives. In some states, i.e., Florida and New Jersey, plans are enhanced by laws or judicial rulings giving the plans substantial authority. In Ohio state statutes enabling planning are permissive not mandatory, are drawn to advise not regulate. Failure to plan does not necessarily invalidate zoning regulations.
Land use plans allocate existing land and related resources to appropriate community facilities, housing , business, industry, education, utilities, transportation, recreation, etc. In developing a
plan or reviewing an existing plan, citizens should consider whether the plan:
- Advises and recommends, rather than mandating specific actions;
- Espouses overriding policy, by establishing goals and objectives;
- Relies on a dependable inventory of existing resources;
- Contemplates future growth, increased available land and demographics;
- Acknowledges and/or incorporates existing plans, i.e., transportation, financial, social services;
- Involves public participation;
- Coordinates with adjacent governments and higher government authorities, i.e., counties and state;
- Includes all types of land uses - housing, public facilities, open space, transportation business and industry, etc.;
- Addresses land features unique to the community - i.e., in the greater Cincinnati area, hillsides and waterways;
- Provides for periodic review and amendment to accommodate changing conditions.
Zoning is a legislative method of regulating land use. Zoning divides the governmental subdivision, i.e., the city, village, township, into districts. Local regulations are adopted to control building and uses within the district. In 1915, the first statutes for municipal planning were enacted in Ohio through the work of Cincinnatian, Alfred Bettman. In 1916, New York City adopted local zoning laws and by 1923 Ohio and other states had adopted zoning, regional planning and subdivision enabling legislation. Zoning restrictions were challenged in the courts and in 1926 the U.S. Supreme Court upheld the constitutionality of zoning. The decision established that privately owned land could be subject to broad restrictions without compensation and uses of land could be arranged in districts.
Zoning boards, through police powers, permit only certain uses of land within these districts, consistent with the safety, health, morals and welfare of the public. Planning and land use controls were regarded as urban problems until after WW II when urban development began to spill over uncontrolled into unincorporated areas. In 1947, county and township planning and zoning enabling legislation were adopted in Ohio.
Zoning evolved from the Standard State Zoning Enabling Act (SZEA) of 1922, contemplating the division of land into districts regulated as to use, height, area, bulk and location of buildings. It established certain due process requirements of notice and hearing and anticipated the need to grant variances from the strict application of such regulations. Zoning is intended to prevent land use conflict on a community wide basis.
SZEA incorporates two principles:
- zoning must be consistent with a comprehensive plan;
- there must be some systematic study of the provisions that support zoning practices and standards.
However, the Act is criticized because it does not define 'comprehensive plan'. Ohio zoning processes are based on the SZEA. Ohio Revised Code (ORC) does not define what constitutes a comprehensive or master plan. Ohio statutes do not require a comprehensive planning process prior to the enactment of a zoning ordinance or resolution although county and township enabling statutes specify the Board of County Commissioners or the Board of Township Trustees may regulate "...in accordance with a comprehensive plan..." If a plan exists, it may support zoning regulations provided it is compiled following significant public participation and is current.
A comprehensive or master plan is a textural statement of goals, objectives and policies along with maps. The plan is a guide for public and private development within the planning jurisdiction. The lack of definition in the SZEA has resulted in legal discussions and challenges. There is a reluctance to plan or for the courts to endorse planning. Ohio courts recognize a need to plan, holding a planning provision can be incorporated in the contents of a zoning resolution or ordinance or documenting the process that led to the resolution or ordinance.
Ohio distinguishes zoning and planning processes in relation to areas affected by such processes. Under provisions of the ORC, the Board of County Commissioners (BCC) may adopt zoning for the unincorporated areas. Unincorporated areas may elect to adopt either the county scheme of zoning with a rural zoning commission or the township scheme with township zoning commission. The Ohio Constitution provides planning functions for municipalities which become powers under provisions of the ORC. Municipal planning commissions administer the zoning regulations.
Planning occurs in Ohio. Mariemont and Shaker Heights are the products of Master Plans. In the 1920's, Cleveland and Cincinnati engaged in planning. Cleveland's latest efforts resulted in the 1991 Cleveland Civic Vision 2000 Citywide Plan. The City of Cincinnati compiled a 1948 Master Plan which the City replaced more than 30 years later with a Coordinated City Plan. It was updated in the late 1980's. In the 1960's Hamilton County developed a County Master Plan, updated the County Thoroughfare Plan and developed a County Parks Plan and PUD (Planned Unit Development) regulations.
PLANNING ISSUES
Ohio shares with other areas in the country a view that land is a commodity to be bought and sold speculatively rather than a resource to be conserved. With some limited exceptions in environmental areas, the state does not exercise regulatory oversight over local government. In Ohio there are no strong advocates for reform measures. Planning is considered a bothersome procedure that only costs money. Various levels of government: state, county, township, municipality, view each other's motives suspiciously. Each may engage in planning but plans may conflict with one another.
The adoption of environmental laws in the 1970's began the involvement of state and federal government in local land use. The Clean Air Act, Clean Water Act, solid waste laws and the creation of the Ohio Environmental Protection Agency (OEPA) to meet federal mandates resulted in some state control over local infrastructure and facility decisions. Whether general laws of the state or local regulations apply frequently is not clear. Conflicts arise and are settled in court on a case by case basis. For instance, solid waste facilities must comply with OEPA regulations and local zoning ordinances. Federal highway funds are dependent on compliance with Clean Air standards.
Until the 1970's, the courts generally upheld local zoning presuming the validity of the restrictions. As zoning was applied to social and environmental concerns, closer examination was exerted. Since the 1980's there has been a turn toward a viewpoint of development. Courts are allowing damages in cases where restrictions are found to be invalid. This "takings" view holds that if a government by legislative, judicial, or administrative action, diminishes the value of private property by more than a certain threshold, compensation may be due the property owner for losing that value.
Some legislative proposals have mandated compensation for the loss of 20% or more of a parcel's value. Variations of takings provision have been passed in 18 states; Ohio and Kentucky are among the 31 states that have not adopted takings legislation, although proposals have been made. The legislation can affect local government by deterring the adoption or amendment of land development and environmental protection laws and regulations. Generally, the proposals deter state and local government from regulating in the interest of the public health, safety and welfare.
SUSTAINABLE DEVELOPMENT
Many issues that traditionally have been addressed under land use planning, are now being addressed by communities as "sustainable development". The concept of sustainable development is vague and there is continuing discussions about the best definition. The President's Council on Sustainable Development uses the definition "to meet the needs of the present without compromising the ability of future generations to meet their own needs." The concept includes considering the environment, economy and social issues in a community.
A large and growing number of cities and counties have initiated sustainability projects to deal with issues such as urban sprawl, growth management and depletion of resources. Many areas are defining sustainability indicators with which to measure their region's progress. In the greater Cincinnati area, development of a Regional Sustainability Initiative was one of seven action items identified after two years of study and consensus building by the Hamilton County Environmental Priorities Project. Work is beginning on such an initiative with the support of OKI's (Ohio-Kentucky-Indiana Council of Governments) Regional Land Use Commission, the Chamber of Commerce, and several citizen groups, including Citizens for Civic Renewal.
In March 1998, Cincinnati and Hamilton County requested the assistance of the Joint Center for Sustainable Communities, a collaboration between the US Conference of Mayors and the National Association of Counties. A joint letter, signed by the Mayor of Cincinnati and the President of the Hamilton County Commission stated, "We propose to work in partnership, combining the resources and leadership of our city and county in fostering cooperation on approaches to addressing issues of sustainable economic development and natural resource preservation." The National Center responded positively and will provide technical support and peer-to-peer assistance.
OKI LAND USE COMMISSION
Land use and transportation are closely linked. Suburban residents, depend on the automobile for access to work, stores, and entertainment. This brings demand for roads and parking and creates major environmental and quality of life issues.
The Federal government, as the major source of funding for regional transportation, has established metropolitan transportation planning agencies to work with local governments. OKI is the agency serving metropolitan Cincinnati. In 1990, OKI adopted a transportation plan extending through the year 2010. The plan called for the creation of a commission on land use which will "identify linkages between land use and transportation pertinent to the development of a regional land use plan." The regional land use plan would be available to "guide local and county jurisdictions to ensure that land use and transportation linkages are considered in all planning processes".
Created within the last year, the OKI Land Use Commission membership consists of the trustees of the OKI Regional Council of Governments. The work of the Commission is just beginning. The intent is to "develop a strategic regional plan which encourages land use patterns that promote _ efficient use of land, natural resources, and public facilities and services" and leads to locally adopted standards and criteria recognizing the relationship between land use, transportation and other infrastructure.
The Land Use Commission intends to carry out its work through committees for: Environment & Infrastructure, Land Use Planning & Policy. Economic Development & Funding. The Commission anticipates completing its work in two years.
COUNTY LAND USE
In Hamilton County, the Rural Zoning Commission (RZC) administers zoning in the following townships or parts thereof, including: Columbia, Green, Harrison, Springfield, Symmes and a few precincts in Miami. Township zoning is in place in Anderson, Colerain, Crosby, Delhi, Sycamore, and a few precincts in Green and Springfield townships. Whitewater township and portions of Miami township are unzoned. The Hamilton County Regional Planning Commission (RPC) provides advisory planning services to the unincorporated areas, i.e., the twelve townships of the county and also services 37 county municipalities that are members of the commission and pay annual fees. There are 49 planning commissions in Hamilton County.
Hamilton County Regional Planning Commission
The Hamilton County Regional Planning Commission (RPC) recently presented to the County Commissioners a strategic plan to expand its role in county wide advance planning. The RPC proposes to focus on building partnerships for creating and implementing community plans and preparing a countywide plan for Hamilton County in the context of the region. The long range view is to assist Hamilton County and its communities, agencies and citizens in planning and achieving sustainable development and related community and regional goals.
Currently, members of the RPC are 4 residents of unincorporated areas of Hamilton County (appointed by the Board of County Commissioners (BCC) from nominations by the Township Trustees), 1 resident of the City of Cincinnati (appointed by the Cincinnati Planning Commission), 1 resident of a village or city planning commission outside of the City of Cincinnati elected by their membership and a BCC appointed resident of a city or village which has a planning commission. The RPC is responsible for subdivision regulations, thoroughfare regulations and zoning regulations, address assignment, census information and site plan review. The initial focus of the 1930's commission was on planning but evolved into a regulatory board. Its major work is with a few townships that contract for planning services.
The RPC identified forces driving the current strategic proposal including west side sewer and water expansion, GIS (Geographic Information Systems) computerized mapping technology, township home rule and the regionalism movement. Understanding the importance of long range planning and the mutual benefits and opportunities enabled by multi-jurisdictional collaboration are elements that are lacking among local leaders. Other barriers include: the inadequate size and structure of the present commission and staff to carry out an expanded role and the fragmented political structure (49 communities) in the county.
The County Commissioners raised questions concerning cost, value to the county, perceived threats to power and autonomy, lines of authority and responsibility, definitions of success and how to build meaningful forums for cooperative planning. The RPC worked on the strategic plan and on responses to the concerns raised by the Commissioners.
An organization conducive to collaborative planning would include a Board of Trustees whose members serve individual planning commissions of cities, villages and townships in Hamilton County. They would meet to enable cooperative planning efforts, oversee the preparation and maintenance of a comprehensive countywide plan, and provide leadership in promoting and implementing adopted plans in the county. A 7 member Executive committee similar to the current planning commission structure would meet monthly to carry out planning commission statutory responsibilities for subdivisions within the unincorporated areas, review township land use plans and provide recommendations to the county commissioners.
Individually County Commissioners are supportive of the Strategic Plan. In Fall 1998, the RPC will include a budget request in the preparation of the County biennial budget. Funds will be needed for a consultant to advise the RPC in establishing this new role and some additional planning staff will be needed. Hearings on the budget and meetings of the RPC are open to the public.
The Western Hamilton County Collaborative Plan
Since early 1996, the RPC has fostered a discussion of alternative scenarios for growth in western Hamilton County. The scenarios project land use patterns and the allocation of population, housing and employment. Each scenario identifies the location, type and rate of expected growth and highlights the differences among the scenarios of impacts for transportation and costs for the participating communities.
Four scenarios are envisioned. Each scenario summarizes key features with respect to the treatment of farmland, aquifers, growth management density of development, relationship between job growth and residential development, traffic congestion and coordination of development with infrastructure planning. For each scenario numbers are assigned for the number of household, the population and jobs in 1990 and 2020.
In August 1998, citizens of the participating communities met and discussed their reactions to the alternatives. The WHCCP's time line calls for selecting a preferred scenario in September, 1998. This selection will guide growth in western Hamilton County through 2020. Benchmarks, i.e., measurable indicators needed to achieve the preferred scenario, are to be selected in October and, in December 1998, the plan should appear.
Communities participating in the WHCCP are Colerain, Crosby, Green, Harrison, Miami and Whitewater townships, the villages of Addyston, Cleves and North Bend and the city of Harrison. Participation in the Western Hamilton County Collaborative Plan is vital to the future of this county and region.
GLOSSARY
Infrastructure: the underlying foundation or basic framework of an organization or system, the permanent installations required for community purposes, e.g., roads, water and sewer lines, electric utilities, etc.; housing and schools.
A measure of land density is the number of people per acre of land.
Smart growth promotes the development or redevelopment of existing developed areas. For instance, in Maryland the power of the state budget is used to support development along existing sewer and water lines, that reuses existing buildings and conforms to density requirements.
Sprawl is the spreading out of low density development.
Sustainable development: meeting the needs of the present without compromising the ability of future generations to meet their own needs.
BIBLIOGRAPHY
"Mobility for the 21st Century" American Public Transit Association Mobility for the 21st Century Task Force and Robert L. Olson. October 1996.
EcoCity Cleveland "A Smart Growth Agenda for Ohio: A Working Paper". Stuart Meck. Draft -July 1998.
Pearlman, Kenneth, Meck, Stuart. Ohio Planning and Zoning Law. 1995-96 edition. Cleveland: Banks - Baldwin Law Publishing Company.
The Citizen's Guide to Planning. American Planning Association, Planning Press 1979.
Report of the Ohio Land Use Committee to the Ohio General Assembly. 1977.
The Ohio Revised Code, Chapters 3, 5, 7.
"PLANNING AND ZONING IN HAMILTON COUNTY, OHIO". LWVCA Discussion material. 1979.
"SMART GROWTH? NOT YET" LWVCA VOTER Insert. November 1997.
For information on sustainable development see: Sustainable America, Report of the President's Council on Sustainable Development. February 1996.
Regional Issues Committee
November 1998
|
|
