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City and Regional Planning Program

Course Descriptions

CP6016 - Growth Management, Law and Implementation

and

LAW7242 - Growth Management Law

Mondays, 2:35 pm to 5:25 pm

 

Class will meet on some dates at Georgia Tech and on other dates at Georgia State.

 

Course Description

2001-2003 General Catalog Description, CP 6016 Growth Management Law and Implementation: "Study of legal framework of planning focusing on managing development to achieve desired outcomes for the economy, society, and the environment."

 

2002-2003 Graduate Catalog, Georgia State University, LAW 7242, Growth Management Law: "This course will stress the key planning legal techniques for managing the growth of urban areas.  State and regional comprehensive land use and transportation planning, impact analysis, and infrastructure finance through developer funding requirements.  The consequences of urban sprawl and its avoidance through land use regulations and compensation programs will be used as the unifying theme for the course.   The consideration of statutes, cases, and programs will be used as the unifying theme for the course.  The consideration of statutes, cases, and programs from throughout the United States will be directed toward Georgia's specific problems."

 

Note: This syllabus is subject to change as determined by the instructors.

 

 

Overview

 

The course begins with an overview of legal and planning principles in historical context.  The three basic tools of plan implementation--zoning, subdivision regulations, and capital improvement programming--receive significant coverage in the beginning of the course, since they serve as a foundation on which growth management programs are built.  Excerpts and examples from zoning ordinances, subdivision and land development regulations, and capital improvement programs may be provided and discussed.

 

Growth is managed differently at the local, regional, and state levels of government, and their roles are discussed separately.  The emphasis is on local growth management techniques, including urban containment, adequate public facilities requirements, and several other tools.   Separate attention is provided to selected regional growth management approaches and several different state growth management programs, including state plans and state administrative rules.  The course places emphasis on planning issues and legal precedents in Georgia, especially the metropolitan Atlanta region.

 

The course investigates the pros and cons of growth management practices. Frameworks for evaluating the success and effectiveness of urban growth management programs are described, and major findings are summarized. Issues of exclusion in land use practices are described, and a critic's view of growth management is provided.

 

Course Objectives

  • Instill an appreciation of the legal system of the United States and its constitutional framework.

  • Build a solid foundation in the principles of land use planning and plan implementation.

  • Understand the theoretical underpinnings of growth management, including the need for public intervention into the land market, the economic purposes of growth management, and issues of efficient urban form.

  • Evaluate the techniques of growth management including resource land preservation, protecting special areas of public concern, rural growth management, urban containment, the role of public facilities planning and finance in managing development patterns, and administrative principles of growth management programs.

  • Identify the systems of governance planners and lawyers may face during their careers, and understand the political context of growth management through case analysis.

     

Textbooks

 

  • Juergensmeyer, Julian Conrad, and Thomas E. Roberts. 2003. Hornbook on Land Use Planning and Development Regulation Law . St. Paul, MN: West Publishing Co. (Abridged edition).
  • Nelson, Arthur C. and James B. Duncan. 1995 . Growth Management Principles and Practices . Chicago: Planners Press.
  • Weitz, Jerry. 1999 . Sprawl Busting: State Programs to Guide Growth . Chicago: Planners Press.

 

Reserve Readings

 

See Schedule of Course Content and Readings

 

Class Meeting Schedule

 

*Split sessions - Students meet at their respective schools classroom location.

 

Class Meeting Dates

Week 1 - Split session.

Week 2 - MLK Jr. School Holiday - No Class

Week 3 - Split session.

Week 4 - Split session.

Week 5 - All students meet at GT. Group assignments are announced and discussed.

Week 6 - All students meet at GT. Groups meet to discuss project choice.

Week 7 - All students meet for Symposium at GSU with Bob Rhodes, Doug Dillard and Jerry Weitz.

Week 8 - All students meet at GT. Individual projects due.

Week 9 - Split session - GSU Spring Break

Week 10 - All students meet at GT.

Week 11 - Spilt session - GT Spring Break.

Week 12 - All students meet for symposium at GSU.

Week 13 - All students meet at GT.

Week 14 - All students meet at GSU for student presentations.

Week 15 - All students meet at GSU for student presentations.

Week 16 - All students meet at GSU for student presentations. Group reports due.

 

Overview of Course Content

 

  1. Course introduction and Individual Projects Introduction (Juergensmeyer & Reuter)
  2. Sprawl and smart growth; Comprehensive plans and implementation activities (Reuter)
  3. Zoning: History, powers, purposes, and scope (Juergensmeyer)
  4. Group projects: Introduction, assignments, and initial planning (Reuter)
  5. Constitutional land use law (court cases) (Juergensmeyer)
  6. Zoning in practice; review of zoning ordinance language (Reuter)
  7. Exclusionary zoning (Juergensmeyer)
  8. Variances, appeals, and land use litigation in practice (Reuter)
  9. Land subdivision law and history (Juergensmeyer)
  10. Subdivision control in practice; conservation subdivisions (Reuter)
  11. Building and housing codes (Juergensmeyer and Reuter)
  12. Capital improvement programs; fiscal aspects of growth management (Reuter)
  13. Development impact fees (Juergensmeyer)
  14. Adequate public facilities ordinances (APFOs) (Reuter)
  15. Growth management law and court cases (Juergensmeyer)
  16. Smart growth auditing; jobs-housing balance; other techniques (Reuter)
  17. Environmental law and relation to land use implementation (Juergensmeyer)
  18. Environmental land use policy and regulation in practice (Reuter)
  19. Agricultural land protection and Transferable Development Rights (TDR) (Juergensmeyer)
  20. Urban containment (Reuter)
  21. Aesthetic regulation and historic preservation law (Juergensmeyer)
  22. Sign and preservation ordinances in practice (Reuter)
  23. State and regional growth management programs overview (Reuter)
  24. Florida's growth management program (Juergensmeyer)
  25. State growth management programs in Georgia, Washington, other states (Reuter)
  26. Criticisms of growth management (Reuter & Juergensmeyer)
  27. Presentations of Group Projects (3 sessions)

 

Schedule of Course Content and Readings

 

Week 1 (split session)

  • Course introduction (Juergensmeyer at GSU & Reuter at GT)
  • State and regional growth management programs overview (Reuter)
  • Zoning: History, powers, purposes, and scope (Juergensmeyer)
  • Individual Projects Discussed

 

Required Textbook Readings:

 

Juergensmeyer and Roberts, Chapters 1 and 2, (introduction to planning and development regulation law; comprehensive plans and the planning process).

 

Nelson and Duncan, Chapter 1, pp. 1-18 (purposes of growth management).

 

Weitz, Chapter 1 - 3, pp. 1-.

 

Week 2 - No class but readings as outlined above and below

 

Required Textbook Readings:

 

Juergensmeyer and Roberts, Chapters 3 and 4, (zoning history, sources of power, and purposes; types of zones and uses).

 

Weitz, Chapter 4-5, pp. -127.

  Week 3 - (split session)

  • State and regional growth management programs overview (Reuter)
  • Sprawl and smart growth; Comprehensive plans and implementation activities (Reuter)
  • Zoning: History, powers, purposes, and scope (Juergensmeyer)
  • Constitutional land use law (court cases) (Juergensmeyer)

Required Textbook Readings:

 

Juergensmeyer and Roberts, Chapters 5 (zoning forms of action - development permission).

 

Week 4 - (split session)

 

  • Land subdivision law and history (Juergensmeyer)
  • Zoning and land use litigation in practice (Juergensmeyer)
  • State and regional growth management programs overview (Reuter)

 

Required Textbook Readings:

 

Juergensmeyer and Roberts, Chapter 10 (constitutional limitations on land use controls).

 

Nelson and Duncan, Chapter 2, pp. 19-36 (state and regional growth management programs)

 

Week 5 - All students meet at GT

 

  • Exclusionary zoning (Juergensmeyer)
  • Subdivision control in practice; conservation subdivisions (Reuter)
  • Zoning in practice; review of zoning ordinance language (Reuter)
  • Group projects: Introduction, assignments, and initial planning

Required Textbook Readings:

 

Juergensmeyer and Roberts, Chapter 6 (exclusionary zoning)

 

Week 6 - All students meet at GT

 

 

  • Building and housing codes (Juergensmeyer)
  • State growth management programs in Georgia, Oregon, Florida and other states (Reuter and Juergensmeyer)
  • Group projects: Additional planning and discussion

 

Required Textbook Readings:

 

Juergensmeyer and Roberts, Chapters 7-8 (subdivision control law; building and housing codes) Chapter 9 part (state growth management programs)

 

Weitz, Chapters 6-8, pp. 129-214

 

Week 7

 

All students meet at GSU for Symposium

 

Required Textbook Readings:

 

Nelson and Duncan, Chapters 9 and 10, pp. 134-151. (administrative responsiveness; pulling it all together)

Weitz, Chapters 10-13, pp. 245-337 (funding and technical assistance; intergovernmental frameworks; lessons, criticisms, and prescriptions)

 

Week 8 - All students meet at GT

 

  • Individual projects due
  • Overview of growth management implementation (Reuter)
  • Growth management law and court cases (Juergensmeyer)
  • Urban containment; jobs-housing balance; other techniques (Reuter)

 

Required Textbook Readings:

 

Juergensmeyer and Roberts, Chapter 9 parts (growth management concepts, programs, powers, and limitations; moratoria and interim controls).

 

Nelson and Duncan, Chapters 3-6, pp. 37-93 (resource land preservation, special-area protection, rural growth management, and urban containment).

 

 

Week 9 - GSU Spring Break - GT students meet

 

Meet at Georgia Tech. Open date for coverage of unspecified material.

 

Week 10 - All students meet at GT

 

  • Environmental law and relation to land use implementation (Juergensmeyer)
  • Environmental land use policy and regulation in practice (Reuter)
  • Agricultural land protection and Transferable Development Rights (TDR) (Juergensmeyer)

Required Textbook Readings:

 

Juergensmeyer and Roberts, Chapters 11 and 13 (environmental aspects of land use controls; agricultural land protection and preservation)

 

Weitz, Chapter 9, pp. 215-244 (local land use planning standards)

 

 

Week 11 - GT Spring Break - GSU students meet

 

Meet at GSU - Guest Lecturer

 

Week 12

 

All students meet at GSU for Symposium.

 

Required Textbook Readings:

 

Nelson and Duncan, Chapters 7 and 8, pp. 94-133 (facility planning, adequacy, and timing; facility financing).

 

Juergensmeyer and Roberts, Chapter 9 parts (capital improvement programming, infrastructure finance, and developer funding of infrastructure)

 

 

Week 13 - All students meet at GT.

 

  • Aesthetic regulation and historic preservation law (Juergensmeyer)
  • Capital improvement programs; fiscal aspects of growth management (Reuter)
  • Development impact fees (Juergensmeyer)
  • Adequate public facilities ordinances (APFOs) and other tools (Reuter)

Required Textbook Readings:

 

Juergensmeyer and Roberts, Chapter 12 (aesthetic regulation and historic preservation).

 

 

Week 14 - All students meet at GSU Student presentations and discussion.

 

Week 15 - All students meet at GSU Student presentations and discussion.

 

Week 16 - All students meet at GSU Student presentations and discussion.

 

Course Evaluations

 

Assignments and Grades

 

There are two assignments (to be provided) plus class participation, as follows:

 

Assignment

Description

Percent of Grade

Due Date

1

Individual Paper

(attached)

50%

February 28

2

Group project including presentation

50%

See schedule of interim tasks in assignment

Total

 

100%

 

 

Rules and Regulations

 

If an instructor should be late in meeting the class, the students shall wait 20 minutes after the published starting time. If the instructor has not arrived by that time, the students may leave unless specifically notified to await the instructor's arrival.

 

Attendance is required; students should maintain regular attendance if they are to attain maximum success in the pursuit of their studies.

 

Although it is recognized that occasionally it may be necessary for students to be absent from scheduled classes for personal reasons, students are responsible for all material covered in their absences, and they are responsible for the academic consequences of their absences. Work missed may be made up if the reasons for absences are acceptable to the instructors.

 

Georgia Tech students are required to abide by the Student Conduct Code, pp. 376-379, of the 2001-2003 General Catalog, Georgia Institute of Technology. Georgia State students must adhere to academic regulations of the university, including but not limited to policy on academic honesty.

 

Assignment #1, Spring 2005

CP 6016 Growth Management Law and Implementation

 

This is an individual student project, and collaboration with other students in completing this assignment is not permitted. The assignment is worth 50 points (1/2 of your grade). Suggested lengths of answers are provided for each question below. Your responses should be typed, double-spaced, with one-inch or more margins. Start each answer on a new page and give the title of the question/task or at least reference the assignment question number. You should draw on your course readings and lectures as appropriate in answering the questions. Cite any additional sources that you rely on, either in footnotes or article style in the text with an accompanying reference list. Answers that demonstrate careful thought and integrate required readings are expected. Answers that integrate optional recommended readings and class lectures into the reasoning will be scored higher than those that do not reference the optional course materials and lectures.

 

GT students must address item #1 or #2 and both items #3 and #4. GSU students must address items 2, 3 and 4.

 

1)  Select a court case involving land use litigation. This may be one of the court cases that are covered in class lectures or readings, or it may be any other relevant case. Prepare a legal brief which summarizes the facts of the case, the lower court and any appellant or supreme court rulings, and the implications of the case for land use attorneys and planners. Relate the case to other conclusions of law in relevant portions of the Juergensmeyer and Roberts text (about 2-4 pages).

 

2)  In what could have become a dangerous and expensive unfunded state mandate imposed on local taxpayers, HB 868 submitted in the 2004 Georgia General Assembly would have authorized property owners to seek compensation from the state and local governments as a result of regulatory decisions that have the effect of reducing property values. A similar bill is anticipated in the 2005 legislative session as outlined in a January 3, 2005 AJC article. How would a law such as HB 868 impact local governments and development regulations in Georgia? What are experiences of similar legislation in other states such as Florida and Oregon that may be instructive? Provide an overview of how the legislation may impact zoning processes including pros and cons of such legislation (about 2-4 pages).

 

3)  Choose a local government for investigation in the metropolitan Atlanta region. Acquire and review (peruse, you don't have to read) a copy of the land use element of the comprehensive plan, zoning regulations, and subdivision code (some governments have their codes on-line but fewer have web-accessible comprehensive plans). Prepare a synopsis of any innovative growth management features in the land use element or land use regulations. Describe in your own words how well the local land use element of the comprehensive plan relates to the zoning ordinance and other land use regulations. Describe any legal concerns that you feel may be present. Suggest new codes, relationships between the plan and codes or administrative practices that would improve the local governments planning implementation. (about 3-5 pages)

 

4)  You are a newly appointed director of the Atlanta Regional Commission (ARC). You are seeking to implement changes to a rapidly growing and economically successful region in a manner that will preserve it's success and yet improve the efficiency of managing growth and protecting the environment. Consider the regulatory powers, programs and planning activities of a comparable U.S. region as a model for improving the Atlanta region's planning activities. Describe the changes that need to occur at ARC and local governments based on the model you choose. How will you convince political leaders to change the current planning regimen? Who are the winners and losers? Are your suggestions legally defensible? (about 3-5 pages).

 

Assignment #2, Spring 2005

Group Project Instructions and Alternatives

 

Overview

 

The objective is to work in a collaborative, group effort, to solve a problem by conducting research that relates to a real-life problem in the arena of growth management, planning and land use control law, and land use policy implementation/land use regulation. Students will work together throughout most of the term as a team.

 

Assignment of Groups

 

There are approximately 67 students combined, a roughly equal proportion of planning students (42) and law students (25). Six (6) or seven (7) students are a practical maximum per group, for an anticipated11 groups total. Each group consists of 3-4 planning students and 2-3 law students.

 

Changing Groups

 

Generally, students will not be allowed to "switch" groups, except in unusual circumstances for good cause with both instructor's permission. The prospects for desiring to switch groups will increase, however, as each group makes their decision on what project to pursue. For instance, one group member may not like the topic its group chose to pursue, and learns another group is pursuing that topic of interest and also has a "disenchanted" group member. Hence, a win-win situation might occur to students through a group member trading event. The students who switched groups are more satisfied, and the groups who switched out the "disenchanted" student also benefit from a more enchanted student in theory.

 

We strongly discourage proposals to propose switching groups, because of the administrative burdens or complications such proposals create. However, we will accept proposals to trade group members if they don't get too numerous or cumbersome, and provided that:

 

  1. Proposals are submitted by the deadline given (to be determined).
  2. The proposal includes pre-arranged switch with another student (i.e., the switch occurs between two groups).
  3. The students who switched teams are responsible for submitting revisions to team member names and assignments on interim deliverables (see discussion below).
  4. Other parameters are met, if determined necessary.

General Requirements

 

For each group project, it is expected that there will be the following components.

 

Summary and analysis of the problem/issue. Your group will meet to decide which problem/scenario you will choose. The problem statements/scenarios are given to you, but yet each requires elaboration.

 

Jurisdictional focus. Each problem must be applied to an actual local government(s) (or another approved governmental agency). The jurisdiction should be in Georgia unless otherwise approved by the instructors. The project is anticipated to require some interaction on the part of group members with local government planning and legal staff. At the discretion of the student group, other organizations with an stake in the outcome may be interviewed or consulted for information.

 

Planning element. Each group project must have a significant planning element, which provides either an amendment to the local government comprehensive plan(s) which may include amendments to several elements of the local comprehensive plan (e.g., land use), or a new special plan element to be added to the comprehensive plan.

 

Legal analysis element. Each group must prepare a chapter of the final group report that provides an identification of the relevant constitutional and state land use law issues that have a bearing on the topic of interest and the outcomes recommended.

 

Ordinance implementation element. Each project must contain an ordinance, or amendments to existing ordinances, which will implement the planning element prepared as part of the group project. The ordinance must directly implement (put into place) the plan. Where appropriate, the ordinance can provide commentary within the ordinance itself. Alternatively, a summary memorandum may be prepared which explains to decision makers the major purposes and contents of the ordinance.

 

Administrative implementation element. In addition to the ordinance, there are other elements or components of plan implementation. These include capital improvement program, staffing, work programming, and budgeting. The administrative implementation element must identify the staffing, budgeting, and any capital improvement programming needs that will result from the local government's implementation of the plan.

 

Graphic component. Some mapping or graphics need to be a part of the final report. This might include maps prepared in Geographic Information Systems, but that is not a requirement. If mapping is not required, then other graphics such as sketches, diagrams, and flow charts are expected. All graphics should include scale, title, legend, and source notes.

 

Reference List. Each report must include a comprehensive list in alphabetical order of all books, plans, ordinances, model ordinances, web sites, and other sources consulted and cited. This should appear at the end of the report. If electronic (GIS) data are used, source notes and specifications should be provided.

 

Report. The report shall be type-written with a table of contents that includes chapter and section headings for each of the required elements. Two hard copies of the final report are required (one for each instructor). Production of a third copy to be transmitted to the local government is optional. Partial or incomplete reports will not be accepted, and the report will not be considered received and complete until all components are submitted under one cover. Electronic copies will not be accepted in lieu of a printed copy. Instructors are not responsible for delays due to backlog of student demands in student labs during times of heavy use. Double-space the final report and print only on one page. A report cover with title, group number, and student names is recommended. Professional binding is preferred.

 

Editing for Format, Quality Control and Assurance of Consistency. It is strongly recommended that each student reads the written contributions of other students or reviews the graphics for consistency of presentation. Teams need to edit and ensure quality control. How this is done is up to each group, but each one should anticipate the need for quality control. Remember that your project final report should be of professional quality and internally consistent. Typographical errors, format inconsistencies, and other conflicts in terms of the report being a coherent "whole" will be considered in the grading (see grading parameters below).

 

Presentation. Each group must deliver a presentation. Each member of the group must participate in the presentation in some meaningful way. Time for the presentation, which will be 20-30 minutes, should be divided proportionally, more or less, among the team members.

 

Attendance at Presentations. Because there are 11 groups, presentations will be made during the three final class periods (not including final exam week). Each group is required to attend the presentations of other groups on the same and other presentation dates. You should not plan to skip class, or attend only part of a class, for those weeks you are not presenting. For each meeting, each group will be required to submit an attendance roll at the beginning of class. Any absences that are justifiable should be presented at that time by the group or in advance individually with notice to a group member or group spokesman. If a student in your group is unable to participate, that individual student must let his or her group know, and an appropriate number of points will be deducted from that student's grade on the assignment without penalty to the other students in the group. However, the group is responsible for covering all aspects of the assignment during the presentation.

 

Interim Project Deliverables and Deadlines

The following interim project deliverables are established to ensure that the project can be completed within the time constraints of the semester, and to "iron out" potential debates and disagreements among competing viewpoints of team members. For each interim deliverable, refer to your group number, list the title of the interim deliverable, and provide the names of all students in the group. These interim deliverables will be reviewed but will not be graded. However, failure to submit an interim deliverable or tardiness in submitting them will result in reduction of points on the grade for the group project. All interim deliverables shall be delivered in duplicate written form (one for each instructor).

 

Schedule of Meeting Times and Dates by end of class February 7. Each group shall poll the members to determine a time when all students can meet. This requires the consent of all members. To save time and facilitate this task, each student should come to a pre-planning meeting with "dates available." It is recommended that groups meet at least every other week but the schedule is left to the discretion of the group.

 

Submission of project description by end of class on February 14. A topic will be selected and submitted. See the listing of project alternatives. This can be a simple as a one-page memo confirming one of the projects on the attached project listing, along with the local government or governments (jurisdiction) to which the project will apply. An alternative project proposal is possible, but if the group desires to do an alternative project, it must prepare a written summary description of the project and how it will fit into the general parameters of the assignment. Proposals for a different project are subject to refinement and approval of both instructors.

Individual student assignments. Due Week 6, February 21. The group shall meet to determine the various strengths of each team member and the contributions each member will make to the project's final report. Work should be distributed proportionally, more or less, among the students. For each general requirement (see description above), at least one student should be assigned. It is recommended that most tasks be completed by more than one student, to distribute the work load, provide some depth to the effort, and provide for "backup" contingencies. A one-page memo will suffice in meeting this interim deliverable. It is recommended but not required that the assignments include deadlines or project milestones to ensure each contribution from team members can be pulled together and edited in time to produce the final report.

 

Final report outline. Due week 10, March 14. The group must submit an outline or table of contents (4-6 pages, approximately, double-spaced) of the final report, with attention toward demonstrating how it will meet the general requirements of the assignment. For instance, the table of contents of the plan, a table of contents for the implementing ordinance, list of graphics to be prepared, and outline of administrative implementation considerations could meet the requirements for this interim deliverable. Groups are responsible for merging individual student contributions into one written submission.

 

Presentation Agenda. Due Week 13, April 4. The group shall prepare and submit in writing a presentation agenda showing the order of presentation and names of students presenting for each item. Names of all students must be on the agenda.

 

Final Report Due Date

 

Final written reports will be due the last class meeting date (April 25th) for all groups, regardless of when their presentations are scheduled.

 

Presentation dates are established as follows:

 

Groups 1 - 4: First presentation meeting, April 11.

Groups 5 - 8: Second presentation meeting, April 18.

Groups 9 - 11: Third presentation meeting, April 25.

 

Criteria for Instructor Grading of Group Assignments

 

Students please take note that the following (not all-inclusive) considerations will apply in assigning grades:

 

  • Submission of all interim project deliverables on time and correct format.
  • The innovativeness of the project in terms of how it was designed, approached, and communicated.
  • The extent to which course readings, concepts, and principles from the course are integrated into the findings of the report.
  • The overall professional quality of the presentation.
  • The overall professional quality of the written report including graphics.
  • The extent to which all general requirements for content (above) are met.
  • Evidence of interaction with local government staff or other stakeholders in the jurisdiction.
  • The degree to which all relevant elements of the plan (e.g., population, housing, land use, natural resources, intergovernmental coordination, etc.) are addressed.
  • Clarity of writing for ordinance or rule language.
  • Consistency in terms of how well the ordinance implements the plan submitted.
  • Comprehensiveness and accuracy of the legal analysis in terms of how well it cites all relevant legal issues and important court cases.
  • Foresight in terms of how well the report anticipates the requirements for administrative implementation.
  • Attendance, tardiness, or absence at group presentation sessions.
  • The extent to which all students in the group demonstrate they participated collectively, proportionally, and without conflict.

 

Project Alternatives (Choose One)

 

Your group can choose a project from among the following alternative project proposals. You should strive for unanimous agreement among all group members after considering how each member can meaningfully contribute based on their particular strengths and interests. Unanimous consent may not be attainable in every case, but no project shall be chosen unless it has the consent of at least four members of the group.

 

1. Plan Amendment and Development Approval for a 100-Acre Transit-Oriented Development (TOD) in a Suburban Location

 

Your team is a consulting firm with planners and land use attorneys. Your firm has contracted with a developer who owns 100 acres of mostly vacant land strategically situated along a probable public transit rail line (you can assume light or heavy). The developer has big dollar signs in mind and wants to establish a premier mixed-use, transit-oriented development, in a neotraditional design with narrow streets, on-street parking, and a grid street and block pattern. But the developer is concerned that the host local government (which is in the 13-county nonattainment area of metro-Atlanta) will ask for too many exactions to make the project workable. Further, the local government does not address this type of development in its zoning ordinance and land development regulations. It does not have a zoning district within which the TOD concept will fit, and it has no standards for neotraditional development. The local government also has a provision where the zoning district must match the land use plan designation, and so a comprehensive plan amendment will also be required. The local government has never fully addressed transit-oriented development in its comprehensive plan. Hence, you need to review existing plan language and prepare comprehensive plan amendments. The team needs to prepare a zoning text amendment that will accomplish the development proposal. You must also file a "Development of Regional Impact" (DRI) application that will be reviewed by the Atlanta Regional Commission and the Georgia Regional Transportation Authority (GRTA). You must brief your client on the requirements of the DRI (you don't have to try and prepare a full application!) and outline the framework for how your team will comply with the DRI process. You can consult GRTA's and DCA's web page for two sets of administrative rules for DRIs. Your client has raised concerns about the exactions issue and wants your team to determine whether GRTA has the legal authority to require off-site transportation improvements, which could cost the developer millions, whether and how local governments can be persuaded to "rule against" GRTA's recommendations, and whether the local government might require even more costly off-site infrastructure exactions on top of GRTA's recommendations/requirements. You might consult the transit-oriented tool description on the Atlanta Regional Commission's web page for more information.

 

2. Growth Management Strategy for Rural/Suburbanizing County

 

Debate has been raging in this community about the pace of growth. The county commission supports strong growth management strategies and wants to consider and implement the strongest possible mechanisms to severely limit or even stop altogether the amount of residential and nonresidential development occurring and that will occur during the next four years. Your team is an interdepartmental (law and planning) task force of local government professionals designed to complete this task. Two county commissioners strongly believe that changing the county's lot size from one unit per acre to one unit per three acres is the easiest and best solution. The planning director has expressed concern about that policy alternative, but nonetheless it must be considered as an alternative by your group. Another alternative, one being pushed by homeowner groups, is a permit cap or "rate of growth" ordinance. The county attorney has warned that whatever is done with regard to growth control must be based on a sound comprehensive plan. Hence, amendments to the comprehensive plan will be needed to provide the legal support to sustain the regulatory program. Your team must decide what type of growth management plan and ordinance is appropriate for the county. Be cognizant of the administrative requirements of implementation. There are many different techniques that may combine to form your growth management program, including greenbelts, greenspace acquisition, special requirements, etc. You may consult the Georgia Department of Community Affairs' Model Land Use Management Code (specifically, part six, alternative approaches) for ideas, as well as your Nelson and Duncan text, for additional ideas.

 

3. Growth Management Strategy for Suburban/Urban County

 

You are a newly organized consulting firm being paid $500,000 to evaluate and establish a new comprehensive plan and development regulations for Twinnett County, Georgia.  Twinnett is one of the fastest growing counties in the U.S. The forecast is for Twinnett to add over 400,000 persons through immigration and natural increase during the next 20 years.  As a young and innovative firm you want to get more businesses yet the county's suburban development pattern is contrary to your view of paradise.  What are the primary changes that need to occur in the comprehensive plan?  How do you intelligently add the new citizens to the county?  What types of development controls and incentives are needed to guide new growth?  What new zoning districts or regulations will you recommend?  How will you get the support of the citizens that these changes are needed and positive?  Keep in that you must maintain the current community standards while accommodating new growth within existing financial constraints and natural resources.  Are your proposals legally defensible?

 

4. Legal Team Challenging Growth Management Program

 

You are a legal team for an organization of wealthy and powerful developer/builders who own extensive areas of land in a county that has just initiated a new growth management program.  The developer's subdivisions sell very well and they wish to preserve the right of a citizen to purchase a home while exercising their free will in a market economy.   The growth management program involves down zoning rural lands from 1 acre to 5-acre lots.  They also will direct all public investments to existing developed areas.  More developed areas will be permitted high-density development that will accommodate all forecasted growth.  On what grounds should you challenge the new regulations? Describe a broad based strategy for challenging the county program.   Outline the specific points for challenges on three separate undeveloped sites: a former 300-acre farm outside the developed area; a vacant 25-acre site adjacent to a highway yet outside the developed area; a brownfield and former industrial site inside the urban area.

 

5. State Growth Management Program Design and Implementation

 

Your team represents an inter-agency task force in a state that is considering a statewide plan and revised growth management program for Georgia. While the 1989 Georgia Planning Act anticipated a state plan.  No agency or Governor has initiated the process. Your task force is tasked with providing an outline for the state plan. Review the state plan for at least another state and develop an outline for the State Plan of Georgia. What existing functional plans in Georgia should be included, (GDOT, Ga DNR, DCA, etc.)  You know that Georgia has a strong tradition of "home rule."  While the Georgia Planning Act requires local planning, the implementation aspects of the growth management program need to be improved. You also need to determine what administrative rules will be needed, and you need to decide on the major content (i.e., at minimum an outline) of such administrative rules, both procedurally and substantively. If Georgia mandates more planning implementation and consistency with development regulations, what appeal procedures or administrative remedies will protect local governments and land owners from unreasonable state review?  Agency chiefs have reminded you that the budget implications for state and local government must be considered per recent budget subcommittee ruling.  Prepare a report to the Governor that presents the overall state plan outline and policy recommendations, major (or selected) administrative rules (or significant content thereof) that will govern the program, and an assessment of the impacts on the responsible state agency(ies), on any existing regional entities, and local governments generally. Your team must also be prepared to answer questions from members of the legislative oversight committee which will review any proposed legislation and help decide whether to delegate rulemaking authority to the responsible state agency(ies).

 

 

 

 

 

 
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