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Plan Commission Packet 2010 06-09-10 Car o United City of Yorkville J N 800 Game Farm Road EST. 1 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 <CE PLAN COMMISSION AGENDA Wednesday, June 9, 2010 Yorkville City Hall 800 Game Farm Road Meeting Called to Order: 7:00 p.m. Roll Call: Previous meeting minutes: March 10, 2010 -------------------------------------------------------------------------------------------------------------------- Public Hearings 1. PC 2010-07 The United City of Yorkville, petitioner, has filed an application with the Unified City of Yorkville, Kendall County, Illinois, requesting to amend Title 10, Chapter 8, Article A Section 10-8A-1 : Uses Permitted of the Municipal Zoning Code to allow manufacturing of alcoholic beverages within the M-1 Manufacturing District; and to amend Title 10, Chapter 7 Article B of the Municipal Zoning Code to define and identify microbreweries as an allowed Special Use within the B-1 Limited Business District, B-2 General Business District, B-3 Service Business District and B-4 Business District. Action Item i. Text Amendment Adjournment Page 1 of 2 ORAF� UNITED CITY OF YORKVILLE PLAN COMMISSION City Hall Council Chambers Wednesday, March 10, 2010 7:00pm Commission Members in Attendance: Anne Lucietto Michael Crouch Jeff Baker Tom Lindblom Sandra Adams Jack Jones Brian Schillinger Absent: Charles Kraupner, Clarence Holdiman Other City Staff Bart Olson, City Administrator Laura Schraw, Interim Community Development Director Paul Zabel, Code Official Other Guests Thomas Fullerton, Standard Redevelopment, Inc. Gary Kukla Scott Krafthefer, Oakwood Development James Carroll, Standard Redevelopment Richard Scheffrahn Christine Vitosh, Depo Court Matt Schury,Kendall County Record Lynn Dubajic, YEDC, Chairman Anne Lucietto called the meeting to order at 7:02pm. Roll call was taken and a quorum was established. Previous Meeting Minutes February 10, 2010 The February minutes were approved on a motion by Crouch and second by Schillinger. Motion carried on a voice vote. Public Hearing 1. PC 2010-02 Standard Redevelopment, Inc.petitioner filed an application requesting rezoning from R-3 General Residence to B-3 Service Business District and requesting an amendment to the annexation agreement to provide for the rezoning of the property from R-3 General Residence to B-3 Service Business District to the Bristol Bay PUD agreement, dated April 26, 2005. The property consists of approximately 21.76 acres located south of Galena Road and east of Cannonball Trail, Yorkville. Chairman Lucietto swore in those who would speak at the Hearing. Page 2 of 2 A motion was made by Crouch and seconded by Jones to open the Hearing. (Opened 7:05pm) (See Court Reporter's transcript) Tom Fullerton of Standard Redevelopment Inc. gave testimony during the Hearing. The Hearing was closed at 7:08pm on a motion by Crouch and second by Adams. Crouch and Jones questioned what type of business might be slated for this property. Fullerton replied that his client came into ownership of this property due to a failed venture and now wishes to make this property marketable for future development. City Administrator Olson listed the types of possible developments. Schillinger commented that the City has been heavy on residential and more business is needed. Jones said he wants to make sure the City includes left turn Ianes in any future project. Laura Schraw said she had reviewed the Comprehensive Plan as it relates to the project. Action Items i. Amendment to Annexation Agreement Lindblom moved and Baker seconded a motion to approve the amendment to the Annexation Agreement. Roll call: Schillinger-yes, Jones-yes, Baker-yes, Lindblom-yes, Crouch-yes, Adams-yes, Lucietto-yes. Motion carved unanimously 7-0. ii. Rezoning (R-3 to B-3) Motion was made by Crouch and seconded by Jones to approve the requested rezoning. Roll call: Jones-yes, Baker-yes, Lindblom-yes, Crouch-yes, Adams-yes, Schillinger-yes, Lucietto-yes. Carried unanimously 7-0. Additional Business Michael Crouch noted the Zoning Commission had met in late February and will meet again in May. He said the group hopes to finish the project by the end of the year. Chairman Lucietto said the Kendall County Planning Consortium will meet on March 291h in the Yorkville Council Chambers to discuss foreclosures. Various speakers will be present and City officials will also be invited. The next meeting will be in May in Platteville and the topic of discussion will be water supplies. There was no further business and the meeting was adjourned at 7:23pm on a motion by Crouch and Schillinger. Voice vote approval. Respectfully submitted by Marlys Young, Minute Taker cl,- Memorandum _ 0 To: Plan Commission a 00 From: Krysti J. Barksdale-Noble, Community Development Director ESL 1836 CC: Bart Olson, City Administrator -� Date: June 4, 2010 Subject: Text Amendment to allow alcohol production as a permitted use in the M-1 Limited Manufacturing District & Microbreweries as ��.�' Special Uses in the Business Districts. Background/Request: The Economic Development Committee has referred a request to amend the City's zoning ordinance to allow for the manufacturing of alcoholic beverages as a permitted use within the M-1 Limited Manufacturing District. There is also a request to define and identify "microbreweries" as permitted Special Uses with the City's business districts. M-1 Limited Manufacturing District: As proposed, the production and processing of alcoholic beverages would be allowed as a permitted use within the M-1 Limited Manufacturing District. This would include the bottling and wholesale distribution of the product on the premises with delivery to retailers, restaurants or pubs but no point-of-sale purchases made to the public. Currently, the manufacturing of nonalcoholic beverages is permitted in the M-1 District. The zoning ordinance would be amended to define an alcoholic beverage as follows: Alcoholic Beverage: any beverage that is the product of distillation of.fermented liquids, whether rectifted or diluted, whatever may be the origin thereof and includes Synthetic ethyl alcohol but does not include denatured alcohol or wood alcohol. T Staff is also proposing a limitation in the amount of alcoholic beverages produced by any one manufacturer to a maximum of 5,000 barrels (155,000 gallons) of alcohol per calendar year. This restriction on production is consistent with a smaller scale operation that is appropriate for the manufacturing areas in Yorkville in terms of anticipated truck traffic and storage capacity, but also ensures that a major brewing company, such as an Anheuser Busch, does not locate within the district. Since the City of Yorkville's zoning districts are cumulative, all uses permitted in the M-1 Limited Manufacturing District is also permitted in the M-2 General Manufacturing District. There are over approximately 80 parcels within the M-1 zoning district with a majority located in the Fox Industrial Park and the Yorkville Business Center. The attached map illustrates the M-1 and M-2 districts within the City that may be affected by the proposed text amendment. As with any manufacturer of any alcoholic beverage, a State License from the Illinois Liquor Control Commission is required. A copy of an application for State of Illinois Manufacturer's Liquor License has been attached for your reference. Microbreweries/Brew Pubs in Business Districts: For the purposes of allowing a retail/restaurant the ability to brew alcoholic beverages on- premises for sale to patrons, staff proposes to amend the City's zoning ordinance to define and identify microbreweries/brew pubs" as an allowed Special Use with the City's business districts which include: ' Definition derived from the Illinois Liquor Control Act of 1934(235 ILCS 511-3.01). B-1 Limited Business District, B-2 General Business District, B-3 Service Business District and B-4 Business District. "Microbrewery or Brew Pubs"would be defined as follows: Microbrewery or Brew Pub: A restaurant-brewery that brews beer primarily for sale in the restaurant and/or bar and is dispensed directly_from the brewery's storage tanks. Total production capacity shall not exceed 5,000 barrels per calendar year (155,000 gallons). One (1) U.S. barrel is equivalent to thirty-one (31)gallons.2 Illinois State law does not have a production capacity for on-premise sales, but does cap the amount of off-premise sales to 50,000 gallons per year (approximately 1,600 barrels). Therefore, the Plan Commission should also consider if beer brewed on-site will only be for on-premise consumption or can it be sold directly to consumers for off-premise consumption. If off-premise consumption is permitted, staff suggests adding language that states all sales shall be in hand-capped, sealed containers and in specified quantities, for example up to one-half(112) barrel for off-site consumption, with a total maximum production of 5,000 barrels per calendar year inclusive of on-premise and off-premise sales. Since it is envisioned that microbreweries/brew pubs will be an ancillary use within a restaurant or eating establishment, staff proposes that the brewing component of the facility be no more than twenty-five percent (25%) of the total floor area. This will ensure that the majority of the commercial space is used for a retail/commercial purpose (and not merely as a brewery) and will generate the appropriate sales tax revenue as anticipated for uses located within the business districts of the City. Staff is recommending identifying microbrewery/brew pub uses as a Special Use in the business districts so that approval is granted on a case-by-case basis to guarantee compliance with the proposed maximum total floor area requirement for the brewery operation and production capacity. Also, all applicable hours of operation currently required for similar type retail uses that serve alcoholic beverages shall apply to microbreweries. Other Communities: Staff has researched similar type microbrewery and brew pub establishments within local communities such as Limestone Restaurant and Brewery in Plainfield, Rock Bottom Restaurant and Brewery in Orland Park, and Two Brothers Tap House in Warrenville. The following table provides information about how each surveyed community identifies brewery-type uses, how they are classified, the zoning district they are allowed in and the maximum production of alcoholic beverages permitted, if applicable. This should serve as a guide for the Plan Commission as to how Yorkville's proposed text amendment to allow microbreweries in the business districts might compare to nearby communities. Community Ydentified Permitted or Zoning District(s) Maximum Production Uses Special Use Allow_ed_ _ Allowed Brewery Permitted 1-1, 1-2 15,000 barrels) ear Plainfield Brew Pub Permitted B-1, B-3, B-5 5,000 barrels/ ear Microbrewery Permitted B-1, B-3, B-5 15,000 barrels) ear Orlarid Part: Microbrewery Permitted & MFG-Manufacturing, 15,000 barrels/year Special Use ORI—Mixed Use District Brew Pub Special Use B2 Not specified V arrcn the Micro brewery Sp ecial Use MI 30,000 barrels/calendar year Yorkville I Microbrewer !Special Use I B-Y, B-1, B-3, B-4 5,000 barrelvlcalendar ear Definition derived from the American Brewers Association and the Illinois Liquor Control Act of 1934(235 ILCS 511-3.33) Staff Recommendation Summary: 1. Amend Title 10-8A-1 to identify the manufacturing of "Beverages - alcoholic'' as a permitted use in the M-1 Manufacturing District. 2. Amend Title 10-2-3 of the Zoning Ordinance to include the following definition: Alcoholic Beverage: any beverage that is the product of distillation of fermented liquids, whether rectified or diluted, whatever may be the origin theregf; and includes synthetic ethyl alcohol but does not include denatured alcohol or wood alcohol. 3. Require a limitation in the amount of alcoholic beverages produced by any one manufacturer to a maximum of 5,000 barrels (155,000 gallons) per calendar year. 4. Amend Title 10-7B to identify "microbreweries/brew pubs" as an allowed Special Use within the B-1 Limited Business District, B-2 General Business District, B-3 Service Business District and B-4 Business District. 5. Amend Title 10-2-3 of the Zoning Ordinance to include the following definitions: Microbrewery or Brew Pub: A restaurant-brewery that brews beer primarily.for sale in the restaurant and/or bar and is dispensed directly from the brewery's storage tanks. Total production capacity shall not exceed 5,000 barrels per calendar year (155,000 gallons). One (1) U.S. barrel is equivalent to thirty-one (31)gallons. b. If off-premise consumption allowed, require all sales be in hand-capped, sealed container and in a quantity up to one-half(1l2) barrel for an amount established by the Plan Commission) with a total maximum production of 5,000 barrels per calendar year inclusive of on-premise and off-premise sales. 7. Microbrewery/brew pub operations will be ancillary to a restaurant or eating establishment, and the brewing component of the facility be no more than twenty-five percent (25%) of the total floor area. Zwdna f- i• t cea. Yoi kvllle Business Center �., ar.�.,r...rr.�u wra ,� � 1 I i 1' i ,y 1 �•� Po] d.f.r,r.Htl.v air l �••J � .a o.,.wprr.o O+.. �� 4 y.•r seq..n..,re..rrd•- j �l"-°g�F FlL,frerll.e W p.11gnrw e�.,.....e e„:r.,:aU:.n � I '� '1p�•ti..—•ter -.r,r✓63 o.rr■rr are. , .r.• i �e.1.e,,,..air � •�•M1r,. . rYN 47 �1 i 4- I I a �'• '�. ".�_` �, Fox Industrial ti E r 9 Park I � V 1 j � j ' 1 \ M-1 &M-2 0 7.2'50 2.500 6,000 n.a.rrrw+.r.mw.rr.rur...YrrH.u.wnr .neY.rMiw,u,v sw,rXelHa e r ri.rywrYrfy deli •..M..M'M r/wl.r1 uwwrr GF+14+IM erY11MIHRMM Limited/General Manufacturing Districts Feel .y.rew.,.ep..w..3.p.n w ur.x1.M1h1 ew May 2010 •+glrl.r,.«aY v edray r rryw..a+ Use your'Mcuse' or'Tab ke}( to move through the fields. Illinois Liquor Control Pat Quinn Commission . . Governor 100 W. RANDOLPH ST. 181 W. JEFFERSON ST. SUITE 7-801 SUITE 3-526 CHICAGO, ILLINOIS 60601 SPRINGFIELD, ILLINOIS 62702 TELEPHONE: 312-814-2216 TELEPHONE: 217-782-2136 FAX: 312-814-2241 FAX: 217-524-1911 TDD: 312-814-1844 WEE SITE: Ww.slate.iLus1LCC APPLICATION FOR STATE OF ILLINOIS MANUFACTURER'S LIQUOR LICENSE DEFINITIONS: A manufacturer is every brewer, fermenter, distiller, rectifier,wine maker, blender, processor, bottler or person who fills or refills an original package, whether for himself or for another, and others engaged In brewing, fermenting, distilling, rectifying or bottling alcoholic liquors as above defined.To manufacture means to distill,rectify,ferment,brew,make,mix,concoct,process,blend,bottle Or fill an original package with an alcoholic liquor,whether for oneself or for another,and includes blending but does not include the mixing or other preparation or drinks for serving by those persons authorized and permitted in[his Act to serve drinks for consumption on the premises where sold. All containers or packages of blended alcoholic liquors shall have affixed thereto a label setting forth and stating clearly the names of all ingredients which the blended alcoholic liquors offered for sale shall contain. A. DISTILLER FEE: $3,600.00 A Distiller is a person who distills,ferments, brews, makes, mixes, concocts, processes, blends, bottles or fills an original package with any alcoholic liquor. A distiller may make sales and deliveries of alcoholic liquor to distillers, rectifiers,importing distributors,distributors, and non-beverage users and to no other licensees. This includes a manufacturer of wine, but does not include a manufacturer of beer or bottler of wine.SUPPORTING DOCUMENTS REQUIRED: • ENCLOSED REGISTRATION STATEMENT; IF APPLICABLE,ENCLOSED STATEMENT OF R]EPRESENTATION- • COPY OF FEDERAL LABEL APPROVAL(S).VISIT WWW.TTB.GOV REGISTRATION OF MANUFACTURER'S AGENT(IL 567-0054). TO DOWNLOAD THE F 5100.31 APPLICATION FORM; IF APPLICABLE.ENCLOSED APPLICATION FOR REGISTRATION- • TAX BOND ACQUIRED BY ONE OF THE FOLLOWING ENCLOSED FORMS: MANUFACTURER'S REGISTERED AGENT(IL567.0059). a) RL-1 TAX STATEMENT OF LIABILITY; b) REG-4-A (LIQUOR GALLONAGE TAX SEE SECTION 6 FOR DEFINITION BOND) CERTIFICATE OF DEPOSIT; or c) REG-4-D LETTER OF CREDIT BOND. ❑ B. RECTIFIER FEE: 531,600.00 A Rectifier is any person who rectifies,ferments, brews, makes, mixes, concocts, processes, blends, bottles or fills an original package with any alcoholic liquor, other than by original or continuous distillation.SUPPORTING DOCUMENTS REQUIRED: • ENCLOSED REGISTRATION STATEMENT; IF APPLICABLE,ENCLOSED STATEMENT OF REPRESENTATION— COPY OF FEDERAL LABEL APPROVAL(S).VISIT WWW.TTB.GOV REGISTRATION OFMANUFACTURER'SAGENT(IL$67-0054). TO DOWNLOAD THE F 5100.31 APPLICATION FORM; IF APPLICABLE,ENCLOSED APPLICATION FOR REGISTRATION- • TAX BOND ACQUIRED BY ONE OF THE FOLLOWING ENCLOSED FORMS: MANUFACTURER'S REGISTERED AGENT(ILS TTM3). a) RL-1 TAX STATEMENT OF LIABILITY; b) REG-4-A (LIQUOR GALLONAGE TAX SEE SECTION 8 FOR DEFINITION BOND) CERTIFICATE OF DEPOSIT; or c) REG-4-D LETTER OF CREDIT BOND. ❑ C. BREWER FEE: $900.00 A Brewer is any person who is engaged in the manufacture of beer,A brewer may make sales and deliveries of beer to importing distrib- utors and distributors, in accordance with the provisions of the Illinois Liquor Control Act. SUPPORTING DOCUMENTS REQUIRED: • ENCLOSED REGISTRATION STATEMENT; • COPY OF FEDERAL LABEL APPROVAL(S).VISIT WWW TTB.GOV IF APPLICABLE,ENCLOSED STATEMENT OF REPRESENTATION— REGISTRATION OF MANUFACTURER'S AGENT(IL 567-0054). TO DOWNLOAD THE F 5100.31 APPLICATION FORM; IF APPLICABLE,ENCLOSED APPLICATION FOR REGISTRATION- • TAX BOND ACQUIRED BY ONE OF THE FOLLOWING ENCLOSED FORMS: MANUFACTURER'S REGISTERED AGENT(IL 567-0053y a) RL-1 TAX STATEMENT OF LIABILITY; b) REG-4-A (LIQUOR GALLONAGE TAX SEE SECTION 6 FOR DEFINITION BOND) CERTIFICATE OF DEPOSIT; or c) REG-4-D LETTER OF CREDIT BOND. IMPORTANT NOTICE' THE ILLINOIS LIQUOR CONTROL COMMISSION IS REQUESTING DISCLOSURE OF INFORMATION THAT IS NECESSARY UNDER THE ILLINOIS LIQUOR CONTROLACT 75 ILCS 511 ET SEQ). DISCLOSURE OF THIS INFORMATION IS MANDATORY. FAILURE TO PROVIDE ANY INFORMATION WILL RESULT IN THE NON-ISSUANCE OF YOUR LICENSE FORM APPROVED BY THE STATE FORMS MANAGEMENT CENTER. IL 567-0015-A (0112006) Page 1 of 6 10 D. 1 ST CLASS MfINE MANUFACTURER FEE: $600.00 A wine-manufacturer means a person who is engaged in the manufacture of wine. A first-class wine-manufacturer may make sales and deliveries of up to 50,000 gallons of wine to manufacturers, importing distributors and distributors, and to no other licensees. SUPPORTING DOCUMENTS REQUIRED: • ENCLOSED REGISTRATION STATEMENT; IF APPLICABLE,ENCLOSED STATEMENT OF REPRESENTATION- COPY OF FEDERAL LABEL APPROVAL(S).VISIT WWW.TTB.GOV REGISTRATI ON OF MANUFACTURER-SAG ENT(IL 567-0054). TO DOWNLOAD THE F 5100.31 APPLICATION FORM; IF APPLICABLE,ENCLOSED APPLICATION FOR REGISTRATION- • TAX BOND ACQUIRED BY ONE OF THE FOLLOWING ENCLOSED FORMS: MANUFACTURER'S REGISTEREDAGENT QLS67-00331. a) RL-1 TAX STATEMENT OF LIABILITY; b) REG-4-A (LIQUOR GALLONAGE TAX SEE SECTION 8'FOR DEFINITION BOND) CERTIFICATE OF DEPOSIT; or c) REGA-D LETTER OF CREDIT BOND. ❑ E. 2ND CLASSWINE MANUFACTURER FEE: $1.200.00 A wine-manufacturer means a person who is engaged in the manufacture of wine. A second-class wine-manufacturer may make sales and deliveries of more than 50,000 gallons of wine to manufacturers, importing distributors and distributors and to no other licensees. SUPPORTING DOCUMENTS REQUIRED: • ENCLOSED REGISTRATION STATEMENT; IF APPLICABLE,ENCLOSED STATEMENT OF REPRESENTATION- • COPY OF FEDERAL LABEL APPROVAL(S).VISIT WWW.TTB.GOV REGISTRATIONOF MANUFACTURER'S AGENT(IL 567-0054). TO DOWNLOAD THE F 5100.31 APPLICATION FORM; IF APPLICABLE.ENCLOSED APPLICATION FOR REGISTRATION- • TAX BOND ACQUIRED BY ONE OF THE FOLLOWING ENCLOSED FORMS: MANUFACTURER S REGISTERED AGENT{ILSS7 oas31, a) RL-1 TAX STATEMENT OF LIABILITY; b) REG-4-A (LIQUOR GALLONAGE TAX SEE SECTION 8 FOR DEFINITION BOND) CERTIFICATE OF DEPOSIT; or c) REG-4-D LETTER OF CREDIT BOND. ❑ F. 1ST CLASS WINE MAKER FEE: $600.00 A first-class wine-maker's license shall allow the manufacturer of up to 50,000 gallons of wine per year, and the storage and sale of such wine to distributors and retailers in the state and to persons without the State, as may be permitted by law. SUPPORTING DOCUMENTS REQUIRED: • ENCLOSED REGISTRATION STATEMENT; IF APPLICABLE,ENCLOSED STATEMENT OF REPRESENTATION- • COPY OF FEDERAL LABEL APPROVAL(S).VISIT WWW.TTB.GOV REGISTRATION OF MANUFACTURER'S AGENT(IL 567-0054). TO DOWNLOAD THE F 5100.31 APPLICATION FORM; IF APPLICABLE.ENCLOSED APPLICATION FOR REGISTRATION- • TAX BOND ACQUIRED BY ONE OF THE FOLLOWING ENCLOSED FORMS: MANUFACTURER'SREGISTEREOAGENT(IL567-0053). a) RL-1 TAX STATEMENT OF LIABILITY; b) REGA-A (LIQUOR GALLONAGE TAX SEE SECTION 8 FOR DEFINITION BOND) CERTIFICATE OF DEPOSIT; or c) AEG-4-D LETTER OF CREDIT BOND. ❑ G. 2ND CLASS WINE MAKER FEE: $11200.00 A wine-maker is a person engaged in the making or between 50,000 and 100,000 gallons of wine annually.A second-class wine-maker's license shall allow the manufacture of between 50,000 and 100,000 gallons of wine per year,and the storage and sale of such wine to distributors in this Stale and to persons without the State,as may be permitted by law. A second class wine-maker's license shall allow the sale of no more than 10,000 gallons of the licensee's wine directly to retailers.SUPPORTING DOCUMENTS REQUIRED: • ENCLOSED REGISTRATION STATEMENT; IF APPLICABLE,ENCLOSED STATEMENT OF REPRESENTATION- • COPY OF FEDERAL LABEL APPROVAL(S).VISIT WWW.TTB.GOV REGISTRATION OF MANUFACTURE R'S AGENT(IL 567-0054). TO DOWNLOAD THE F 5100.31 APPLICATION FORM; IF APPLICABLE.ENCLOSED APPLICATION FOR REGISTRATION- • TAX BOND ACQUIRED BY ONE OF THE FOLLOWING ENCLOSED FORMS: MANUFACTURER'S REGISTERED AGENT(IL 567-0653). a) RL-1 TAX STATEMENT OF LIABILITY; b) REG-4-A (LIQUOR GALLONAGE TAX SEE SECTION 8 FOR DEFINITION BOND) CERTIFICATE OF DEPOSIT; or c) REG-4-1) LETTER OF CREDIT BOND. ❑ H. LIMITED WINE-Wa FEE: $120.00 A limited wine-manufacturer may make sales and deliveries not to exceed 40,000 gallons of wine per year to distributors and to non- licensees in accordance with the provisions of the Illinois Liquor Control Act. A limited wine manufacturer uses only grapes, berries, other fruits,fruit products,honey and vegetables produced or grown in Illinois,except as defined in the Illinois Liquor Control Act,Section 5/1-3.31.SUPPORTING DOCUMENTS REQUIRED: • ENCLOSED REGISTRATION STATEMENT; • COPY OF FEDERAL LABEL APPROVAL(S).VISIT WWW.TTB.GOV IF APPLICABLE,ENCLOSED STATEMENT OF REPRESENTATION- TO DOWNLOAD THE F 5100.31 APPLICATION FORM; REGISTRATION OF MANUFACTURER'S AGENT(IL 567-0054). • TAX BOND ACQUIRED BY ONE OF THE FOLLOWING ENCLOSED FORMS: IF APPLICABLE ENCLOSED APPLICATION FOR REGISTRATION- MANUFACTURER'S R EGISTEREO AGENT(11-567-00531. a) RL-1 TAX STATEMENT OF LIABILITY; b) REG-4-A (LIQUOR GALLONAGE TAX SEE SECTION 8 FOR DEFINITION BOND) CERTIFICATE OF DEPOSIT; or c) REG-4-D LETTER OF CREDIT BOND. IL 567-0015-A (0312006) Page 2 of 6 FOR OFFICE UCENSE NO. USE ONLY DATEISSUED - FxrltLanor�ro,�r'E. COUNTER ❑ Application for State of Illinois Manufacturer's Liquor License 1. APPLICANT - CORPORATE INFORMATION If you want your renewal application, your license certificate and other ILCC correspondence sent to ❑ your "corporate" address, please check this box. A. FEIN Enter your Federal Employer Identification Number(FEIN)in this box. The FEIN is a nine-digit number issued by the U.S.Internal Revenue Service. This number is used for verification purposes only. If you do not have an FEIN number,call 1-800-829-3676 for general Information on how to apply and to obtain the forms you will need. NOTE,if you have filed an application for your FEIN number,the Commission will accept your application. FEINir - -B. ILLINOIS BUSINESSTAX NUMBER(IBT OR SALES TAX NO.) Enterthe eight-digit Illinois Dept.of Revenue Business Tax(Sales Tax)Number.YOU MUST-HAVE THIS NUMBER IN ORDER FOR A LICENSE TO BE ISSUED. If you need to obtain this number, please call 312-814-5232(Chicago),217-785-2889(Springfield),800-732-8866(toll-free)or visit www.iax.illinots.gov and click on the"For Businesses..."link(located under"Illinois e-Services"), and then the"Business Registration" link. ILUNDIS BUSINESS TAXI? - --- - - - C. TELEPHONE Enter the area oode/telephone numberlextension of the corporation,partnership,etc. AREA COCEdtLEPNONE NO. EXT. D. COUNTY Enter the county where the corporation, partnership etc.is located. coUR" E. CORPORATE NAME (Also list DBA name if different from corporate name) Enter[he name of the sole proprietorship(assumed name),partnership,corporation(Illinois,national,or foreign),or limited liability company in[his box. Note! this name must be consistent with name printed on your Illinois Department of Revenue Sales Tax Certificate. CORPORATE NAME DBA NAME F. ADDRESS Enter the street address,city,stale,and Zip Code of the sole proprietorship,corporation,etc.. ADDRESS CITY STATE ZIP CODE IL 567-0015-A (0312006) Page 3 of 6 2. STATUS OF BUSINESS Check the applicable box(assumed name/sole proprietorship,partnership, Illinois corporation, foreign Corporation,limited liability company)which Corresponds to your business'official papers filed with[he Office of the Secretary of State. Based on the box[hat you Check,provide the dale of the filing of the sole proprietorshiplassumed name with the County clerk;in the case of a co- partnership, the dale of formation of the partnership; In the case of an Illinois corporation, the dale of its incorporation; in the case of a foreign corporation,the foreign stale where it was incorporated and the date,as well as the date or its becoming qualified under the"Business Corporation Act of 1983"to transact business in the Slate of Illinois;in the case of a limited partnership,the dale of formation or such partnership;or in the case of a limited liability company,the date of formation of such entity. A. ❑ ASSUMED NAME DATE FILED WITH COUNTY CLERK: B. ❑ PARTNERSHIP DATE OF FORMATION: C. ❑ ILLINOIS CORPORATION DATE OF INCORPORATION. D. ❑ FOREIGN CORPORATION STATE OF INCORPORATION; DATE QUALIFIED TO DO BUSINESS IN ILLINOIS: E. ❑ LIMITED LIABILITY COMPANY DATE FORMED: 3. OWNERSHIP INFORMATION Provide the owner/officerlpar[ner information in accordance with the business status described under Question 2. This information must be submit- ted for all owners/officers/partners. The same information must be submitted for shareholders with interests equal to or exceeding 5%. The fallowing information must be provided by every individual applicant,sole proprietor,partner,corporate officer or director(whether or not[hey own any stock),shareholder owning in the aggregate equal to or more than 5%of the stock,(including officers,directors and stockholders of equal to or more than 5%for all corporate shareholders),and/or manager or agent Conducting the business. Indicate the total percentage of stock of the Corporation, if any,which is held by persons who have less than a 5%interest. If additional space is needed, provide information on a separate sheets)in the same format as this application requires. Before completing this section,check Question No.6-Eligibility. For each ownerloffcer/parined5%shareholder,provide full name,home address,city,stale,zip code,social security number,date of birth,sex,title/ position,home telephone number,and percentage ownership. Percentage ownership should equal 100%. if there are a number of shareholders owning less than 5%,indicate the aggregate total of ownership under E. A. NAME LAST,FIRST,MIDDLEINITIAL HOU[EADDRESS . . cMy STATE ZIP -- - - - - - - SOCIAL SECURr1YNO. DATE OF BIRTH SEX TITLEMOSmON AREACODEIIELEPHONE.NO. %OWNED B- NAME LAST FIRST MIDDLE INITIAL HOMEADDRESS CITY STATE ZIP SOCIAL SECURITY NO. DATE OF BIRTH SEX TITLE/PosrnON AREA CODEJTELEPHONE NO. %oOWNED C'• NAME LAST FIRST MIDDLE INITIAL HOMEADDRESS CITY STATE ZIP SOCIAL SECURITY NO. DATE OF BIRTH SEX TITLEIPOSITION AREA CODErrELEPHONE NO. %OWNED D. NAME(LAST,'FIRST,MIDDLE INITIAL _ HOMEADDRESS CITY STATE ZIP SOCIAL SECURITY NO. DATE OF BIRTH SEX TITLEIPOSITION AREA CODEITELEPHONE ND. OWNED E. TOTAL PERCENTAGE OF ALL STOCK HELD BY ALL PERSONS WITH LESS THAN 5% % INTEREST IL 567-0015-A (0312006) Page 4 of 6 4. MISCELLANEOUS INFORMATION A. WAREHOUSING If any of your inventory is warehoused,provide the name,street address,city,stale,Zip Code and county of the warehouse. ADDRESS CITY_-.- _ - STATE_ 21POODE DOUNTY B. LEASED PREMISES IF you lease your premises, the lease must cover the full term of the license. If you lease, provide the landlord's name, telephone number, street address,city,slate,Zip Code and county. LANDLORD NA19E AREA CODErrELEPHONE NO. ADDRESS_ My STATE ZIP CODE COUNTY C. FEDERAL REGISTRATION AND RETURN To sell alcoholic beverages, you are required to register with the Federal Alcohol and Tobacco Tax and Trade Bureau (TTS)on a yearly basis. HAVE YOU FILED TTB FORM 5630.5'ANNUAL SPECIAL TAX REGISTRATION AND RETURN"? YES NO If NO Is checked,TTB Form 5630.5 may be obtained from the National Revenue Center at 800-937-8864 or downloaded at www.ttb.gov (www.Ilb.gov/forms/12drs56OOl(563054&). 5. LICENSE HISTORY A. FIRST LICENSE APPLICATION-LICENSE HISTORY Indicate by checking the correct box whether or not this is the corporalion's,sole proprietorship's,etc's first application For a Stale liquor license at any premises. If you check"no',indicate the dale of your first Stale liquor license application. Also indicate whether the license was granted,denied or withdrawn. Provide the address of your first Stale liquor license application. If you have ever had a license application denied or if you ever withdrew an application, please provide a written statement describing the reason and circumstances. 1S THIS YOUR FIRST STATE LICENSE APPLICATION? YES NO IF NO,PROVIDE DATE FIRST APPLIED: DISPOSITION: ❑ GRANTED ❑ DENIED ❑ WITHDRAWN ADDRESS OF FIRST STATE APPLICATION: IL 567-0015-A (0312006) Page 5 of 6 6. ELIGIBILITY QUESTIONS These questions apply to the applicant and any other person listed under Question 3. These questions MUST be answered.IF THE QUESTIONS ARE NOT CHECKED,THE APPLICATION WILL BE REJECTED. If any question is checked"yes",a written,detailed explanation is required and must be attached to this application. 6-17 ❑ YES ❑ NO HAVE YOU FAILED OR NEGLECTED TO REGISTER WITH THE FEDERAL TAX &TRADE BUREAU (TTB)? IF SO, PLEASE CONTACT THE TTS AT 800-937-8864 OR 513-684-2979. 6-18 ❑ YES ❑ NO AREYOU DELINQUENT IN THE PAYMENT OF ANY ILLINOIS BUSINESSTAXES(SALES,WITHHOLDING,ETC.)? 6-22 ❑ YES ❑ NO HAVE YOU EVER APPLIED FOR AND BEEN DENIED A LIQUOR LICENSE? 6-23 ❑ YES ❑ NO HAVE YOU HAD ANY PREVIOUS LIQUOR LICENSE REVOKED? 6-24 ❑ YES ❑ NO HAVE YOU EVER BEEN CONVICTED OF A FELONY? 6-25 ❑ YES ❑ NO HAVEYOU EVER BEEN CONVICTED OF A GAMBLING OFFENSE AS DEFINED UNDER SECTION 516-2 OFTHE ACT WHICH INCLUDES OFFENSES ENUMERATED IN 720 ILCS 5128-1(a)1-11,"GAMBLING;"720 ILCS 5/28- 11.11(a)-(d)"SYNDICATED GAMBLING;"AND 720 ILCS 5128-3"KEEPING A GAMBLING PLACE"? 6-26 ❑ YES ❑ NO DOYOU POSSESS A CURRENT FEDERAL WAGERING STAMP? (ISSUED BYTHE UNITED STATES INTER- NAL REVENUE SERVICE TO TAX WAGERING ACTIVITY) 6-28 ❑ YES ❑ NO HAVE YOU RECEIVED OR BORROWED MONEY OR ANYTHING OF VALUE DIRECTLY OR INDIRECTLY FROM ANY OTHER LICENSEES,REPRESENTATIVES OF A LICENSEE,OR SUPPLIERS OF ALCOHOLIC PRODUCTS? 6-30 ❑ YES ❑ NO IF OPERATING AS A SOLE PROPRIETORSHIP OR A PARTNERSHIP,ARE YOU OR YOUR PARTNER(S)CUR- RENTLY NOT CITIZENS OFTHE UNITED STATES OR RESIDENT ALIENS WITH LEGAL STATUS? 7. HOURS OF OPERATION List the daily hours open for business. This information will assist Commission field agents in choosing an inspection time which causes the least disruption to the business. MON TUES WED THURS FRII SAT SUN 8. MANUFACTURER'S REGISTERED AGENT REQUIREMENTS If you have agents, representatives or persons acting on your behalf in Illinois that sell or discuss pricing terms of alcoholic liquor,you are required to register each of these Individuals by submitting farms IL 567-0053 "Application for Registration - Manufacturer's Registered Agent"and IL 567-0054"Statement of Representation-Registration of Manufacturer's Agent". 9. SIGNATURElTITLELDATE Please sign and date the application form and provide your title with the organization. The application must be signed by an owner, an officer, a partner or an officially authorized agent of the business. The signature must be an original.rubber stamps are not accepted, I,THE UNDERSIGNED APPLICANT OR AUTHORIZED AGENT THEREOF,SWEAR OR AFFIRM THAT:THE MATTERS STATED INTHE FOREGOING APPLICATION ARE TRUE AND CORRECT; THEY ARE MADE UPON MY PERSONAL KNOWLEDGE AND INFORMA- TION; THEY ARE MADE FOR THE PURPOSE OF REQUESTING THE STATE OF ILLINOIS TO ISSUE THE LICENSE HEREIN AP- PLIED FOR; THE APPLICANT IS QUALIFIED AND ELIGIBLE TO OBTAIN THE LICENSE APPLIED FOR; AND THE APPLICANT WILL NOT VIOLATE ANY OF THE LAWS OF THE UNITED STATES OF AMERICA OR THE STATE OF ILLINOIS, IN PARTICULAR,THE ILLINOIS LIQUOR CONTROL ACT, RULES AND REGULATIONS,AND THE CIVIL RIGHTS SECTIONS THEREOF. FURTHER,I AGREETO NOTIFYTHIS COMMISSION WITHIN 30 WORKING DAYS OF CHANGES IN ANYOFTHEABOVE INFORMATION. (NOTE:IFTHE PERSON SIGNING THISAPPLICATION IS NOTLISTED IN SECTION 3,THEY MUST PROVIDE THE STATE WITH THEIR PERSONAL INFORMATION AS INDICATED IN SECTION 3 EVEN IF THEY DO NOT OWN 5%OR MORE OF THE BUSINESS.) SIGNATURE OF APPLICANTIAUTHORIZED AGENT TITLEMOSITION DATE IL 567-0015-A (0312006) Page 6 of 6 Registration Statement (Illinois Compiled Statutes, Chapter 235) TO THE ILLINOIS LIQUOR CONTROL COMMISSION Pursuant to the requirement of Section 5/6-9 of the Illinois Liquor Control Act the undersigned,a (Insert-- Manufacturer, Distributor, Importing Distributor, or Non-resident Dealer) does hereby register with said Commission the following named persons or companies as being the only ones to whom the undersigned has granted the right to sell or distribute at wholesale within the State of Illinois, one or more of those alcoholic liquors which bear trade-marks,brands or names owned or controlled by the undersigned. The undersigned does hereby further register opposite the name of said persons or companies,the respective trademarks,brands or names,owned or controlled by the undersigned, concerning which said persons have been given such distributing rights and the rspective geographical territories for which such distributing rights have been given to said persons or companies,and the period of time forwhich such rights are granted to such person. NAME,ADDRESS, CITY,STATE AND TRADE-MARK BRAND,OR GEOGRAPHICAL TIME ZIP CODE OF WHOLESALER NAME OF ITEM TERRITORY PERIOD CORPORATE NAME: IMPORTANT NOTICE This state agency is requesting disclosure of infor- ADDRESS: mation that is necessary to accomplish the statutory (Street Number) purpose as outlined under the Illinois Liquor Control Act,Ch.235, III.Comp. Stat.,516-9. Disclosure of this (City or Town) information is MANDATORY. Failure to provide any information will result in SIGNED BY: (TRIe) nonissuance of your license and/or nonregistration of your products. This form has been approved by the DATE: Forms Management Center. STATE LICENSE# EXP.DATE IL 567-0014 (01/2006) Pmuadmr Recycled Paper Illinois Department of Revenue RL-1 Liquor Tax Statement of Liability Read this information first You must complete this form and submit it to us with your completed bond Forms. Step 1: Identify your business Name IBT no. DBA Address Number and street City stale ZIP Step 2: Estimate your average monthly tax liability and bond amount 1 What is your estimated average monthly liquor tax liability? $ 2 Multiply Line 1 by 2.This is your bond amount. $ Note:The minimum bond amount is$1,000 and the maximum amount is$100,000. Step 3: Sign below Mail this form to Under penalty of perjury, I state that I have examined this form ILLINOIS DEPARTMENT OF REVENUE and,to the best of my knowledge,it is true, correct,and complete. PO BOX 19039 SPRINGFIELD IL 62794-9039 Signature Data If you have any questions, call us at 217 782-6997. SOYBASE INK RL-t(N-6/95) IL492-3536 RECYCLED PAPER Illinois Department of Revenue RL-1 Liquor Tax Statement of Liability _ Read this information first You must complete this form and submit it to us with your completed bond forms. Step 1: Identify your business Name IBT no. DBA Address Number and street cay State ZIP Step 2: Estimate your average monthly tax liability and bond amount 1 What is your estimated average monthly liquor tax liability? $ 2 Multiply Line 1 by 2.This is your bond amount. $ Note:The minimum bond amount is $1,000 and the maximum amount is$100,000. Step 3: Sign below Mail this form to Under penalty of perjury, I state that I have examined this form ILLINOIS DEPARTMENT OF REVENUE and,to the best of my knowledge,it is true,correct,and complete. PO BOX 19039 SPRINGFIELD IL 62794-9039 Signature Date If you have any questions, call us at 217 782-6997. SOY-BASE INK RL-9(N-8195) IL-492.3536 RECYCLED PAPER Illinois Dept. of Revenue Directions for completing: • REG-4-A (Financial Responsibility Bond); and • REG-4-D (Financial Institution Irrevocable Letter of Credit Bond) You must provide this information to the bank or insurance company that will be providing your bond.A separate bond is required for each location.You will not be issued a certificate of registration and cannot be legally registered to do business in Illinois until we receive your bond.Your bond can be in the Form of: Insurance bonds: Form REG-4-A, Financial Responsibility Bond,must be completed entirely by your insurance company.Your business' name and address must be identical to the information you have registered with us.The insurance company issuing your bond must: • Sign; •Stamp their insurance seal; -Assign a bond number;and •If applicable,attach their power of attorney stating the attorney-in-fact's name. All of your business'owners,officers,or partners must sign the bond.If you are a corporation,the president and secretary must sign the bond.You must also affix your corporate seal. Note:The original bond and power of attorney must be sent to us. Letter of Credit: Form REG-4-D, Financial institution Irrevocable Letter of Credit Bond,must be completed entirely by your bank if you are providing a bank letter of credit.Your business'name and address must be identical to the information you have registered with us.The bank issuing your letter of credit must: •Stamp their bank seal; and •Send to us the original bank letter of credit containing the seal. Note:The Letter of Credit must be signed by an authorized officer of the banking institution. Certificates of Deposit: Any bank may issue you a Certificate of Deposit to satisfy your bond requirements.A Certificate of Deposit must: •Be made payable to the Director,Illinois Department of Revenue; •State that the Certificate of Deposit is automatically renewable; •Have a maturity date of 12 months or less; •Have your business'name and identification number(i.e. FEIN or Social Security number). If you prefer,you can send us a cashier's check and we will purchase the Certificate of Deposit for you.Note:The original Certificate of Deposit must be sent to us,receipts are not acceptable. Illinois Department of Revenue REG-4-A Financial Responsibility Bond Part 1: Financial responsibility bond type and number a Bond type: b Financial responsibility bond number: Part 2:Taxpayer and financial institution information We, (as principal) Taxpayer's name and address and Name and address of surety (as surety) are bound to the people of the State of Illinois in the penal sum of$ We hereby bind ourselves, our heirs, executors, administrators, successors, and assigns to the payment of this amount. The condition of this bond is that if the principal (taxpayer) identified above, who has applied for the tax responsibility (bond type) identified above, in Part 1, pays to the Illinois Department of Revenue (IDOR) all amounts becoming due from the principal (taxpayer) under this law, then the bond will become void;otherwise,the bond will remain in full force. The surety identified above may conditionally cancel this bond at any time by filing a written notice with IDOR by registered or certified mail within days. However, the surety is not discharged from any liability previously accrued under this bond or that may accrue before the days expires. Part 3: Financial responsibility bond signatures and seal requirements We have signed and sealed this bond on _ 1_ to be effective You must attach a power of attorney. (Principal's seal) (Surety's seal) Principal's(taxpayer)signature Surety's signature Attorney-in-fact's signature Countersigned by President's or co-partners signature Corporate secretary's signature Agent for surety Number and street City State ZIP For official use only Date approved: Month Day Year IDOR Directors signature License number: REG-4-A -01.04) IL-492.23(R Illinois Department of Revenue REG-4-D Financial Institution Irrevocable Letter of Credit Bond Part 1: Financial institution letter of credit bond type and number a Bond type: b Financial institution irrevocable letter of credit number: c Bond amount: $ Part 2:Taxpayer and financial institution information Taxpayer: Financial institution: Name Name Street address Street address City State ZIP City State ZIP Part 3: Effective and maturity date of bond Effective date: Maturity date: Month Day Year Month Day Year Part 4: Bond conditions If the taxpayer identified above, in Part 2,fails to pay the Illinois Department of Revenue(IDOR) all moneys, including penalties and interest, due under this bond type's tax act, IDOR is authorized to draw drafts on demand against this irrevocable letter of credit. The sum of this irrevocable letter of credit cannot exceed the bond amount above, in Part 1,and drafts drawn against it are payable on demand.This letter of credit is issued for a period of one year and will be renewed automatically for successive one year periods unless IDOR receives a written notice of cancellation 30 days prior to the maturity date. Part 5: Financial institution officer information The undersigned officer of the financial institution identified above, in Part 2 is duly authorized by the Board of Directors to execute this irrevocable letter of credit;and this financial institution will honor all drafts on demand.The name of the authorized financial institution officer, title and signature are required. Name: Title: Signature: Part 6: Financial institution seal The official seal of the financial institution must be affixed below. For official use only Date approved: ,_I Month Day Year IDOR Director's signature License number: REG-4-D(R-01/04) 1L-492-3272 State of Illinois LIQUOR CONTROL COMMISSION 100 WEST RANDOLPH,SUITE 7-801,CHICAGO,IL 60601 PH:312-814-2206 FAX:312-814-2241 TDD(312)814-1844 STATEMENT OF REPRESENTATION REGISTRATION OF MANUFACTURER'S AGENT r as (Name) (Title) for have a contractual (Name of Manufacturer) agreement with (Name of Manufacturer's Agent) to represent and promote our products.This agreement covers the follwing territory(ies): I understand that under Illinois Law: Registration of agents,representatives, or persons acting on behalf of a manufacturer is fulfilled by submitting a form to the Commission.The form shall be developed by the Commission and shall include the name and address of the applicant,the name and address of the manufacturer he or she represents,the territory or areas assigned to sell to or discuss pricing terms of alcoholic liquor,and any other questions deemed appropriate and necessary.All statements in the forms required to be made by law or by rule shall be deemed material,and any person who knowingly misstates any mate- rial fact under oath in an application is guilty of a Class B misdemeanor.Fraud,misrepresentation, false statements,misleading statements,evasions,or suppression of material facts in the securing of a registration are grounds for suspension or revocation of the registration.235 ILCS 515-1 Signature of Manufacturer's Agent Social Security Number Date of Birth Date Signature of Manufacturer Title Date IL 567-0054(1X5) Printed an Recyded Paper State of Illinois LIQUOR CONTROL COMMISSION 100 WEST RANDOLPH,SUITE 7-801,CHICAGO,IL 60601 PH:312-814-2206 FAX:312-814-2241 TDD(312)814-1844 APPLICATION FOR REGISTRATION MANUFACTURER'S REGISTERED AGENT CURRENT LIQUOR LICENSE NO. PE OR PRINT INFORMATION APPLICANT'S NAME(Business,Partnership,Corporation) APPLICATION DATE DBA ORTRADE NAME BUSINESS PHONE BUSINESS STREET ADDRESS CITY STATE ZIP NAME, ADDRESS, PHONE OF MANUFACTURER'S AGENT(S) FOR WHICH IDENTIFICATION CARD IS REQUESTED. FOR EACH INDI- VIDUAL LISTED,THE APPLICANT MUST ATTACH A STATEMENT OF REPRESENTATION.ATTACH ADDITIONAL SHEETS,IF NECESSARY. NAME PHONE ADDRESS,CITY,STATE,ZIP CODE NAME PHONE ADDRESS,CITY,STATE,ZIP CODE NAME PHONE ADDRESS,CITY,STATE,ZIP CODE DOES THE APPLICANT OR ASSOCIATE HOLD ANY RETAIL ALCOHOL BEVERAGE LICENSE, OR ANY FINANCIAL OR OTHER INTEREST IN SUCH A LICENSE OR ESTABLICHMENT? ❑ NO ❑ YES IF YES.DESCRIBE AND PROVIDE CURRENT LICENSE NUMBER. HAS THE APPLICANT,PARTNERS OR OFFICERS,EVER BEEN CONVICTED OF ANY VIOLATION OF T8 ILLINOIS LIQUOR CONTROL ACT OR A FELONY IN THIS STATE,ANY OTHER STATE,OR UNDER FEDERAL LIQUOR LAWS? El NO ICI YES IF YES,GIVE FULL DETAILS. PRINT FULL NAME ANDTITLE OF APPLICANT SIGNATURE OF APPLICANT DATE NOTE: IDENTIFICATION CARDS MUST BE OBTAINED FOR EACH SALES REPRESENTATIVE EMPLOYED. CARDS EXPIRE CONCURRENT WITH MANUFACTURER'S LIQUOR LICENSE. 11.597-00M(MM)M) Pnnledon Recycled Paper F F 1 � a r s • b- �1i•iq ■4i'ila ER�� >• l��fa '�:`.':':'_er': ** Y 14i• , - i'. ��.i���4■ wild �� �i-}� 1 !I.,�.`�!/f l a.:+..�Y2�'�.�..r��.:� � '■} ol iz Altr - 4S i.' FI ♦ � I� _ 5� � rar •-, f II 1 1 F 1 II FROM THE EDITOR CONTENTS P L A N N I N G C 0 M M I S 5 1 O N E R S Some Introductions Think Regionally,Act Locally by Jim Segedy,FAICP,and Lisa Hollingsworth- Are In Order Segedy,AICP 1 I'm pleased and excited to tell you about Your job as a planning commissioner is to several talented individuals joining the Plan- address your community's future,but the Champlain Planning Press,lnc, ning Commissioners Journal as regular contrib- decisions you make can have wider impacts. P.O.I3ux 4295,Burlington.VT 05406 utors. We're drawing on planners who have Q Drafting Clear Ordinances: Tel:802-864-9083 �02-864� 83 4-Fax:802-862-1882 , t� demonstrated the ability to write well,and on Do's and Don'ts p officrn o`cam topics we think you'll find of interest.You can by Carolyn Braun,AICP plannersweb.com read a bit about Beth Humstone,Dave Stauffer, One of a planner's most important jobs is draft- Editor Assistant Editor Wendy Grey, Carolyn Braun,and Gwendolyn in clear and understandable ordinances.Its Wayne M.St'nrdlIn: I,atry Pflue$er Hallsmith on the facing page.We've also post- also a task on which planning commissioners Burlington,Vermont Clearwater,Florida ed interviews with each of them on our Plan- can offer valuable assistance. nersWeb biog (use the "What's New" link in Manager Editorial the left sidebar of our blog to find the inter- 1321st Century Transportation Bllzabetb M.Krumholz Advisory Board views). Planning Challenges Burlington,Vermont Larry luny,AICP I also want to introduce you to several new by Hannah Twaddell 1PCJ Contributing Bradenton,Florida features on the PlannersWeb. As the 215t century dawns,we need to plan for Writers Lee A,Krohn.AICP • First,we've been regularly posting short our cities and towns in ways that bring people Manchester.Ve mont "News,Notes,&Quotes"reports about a wide and places closer together and provide more J y+FAICF range of planning-related stories and web sites travel choices. Lisa Hollir 5worth- Ruse Moldoff,AICP you'll want to check out. Recently, we've Segedy.A'icp Salem,New Hampshire included excerpts from "State of the City" m Planetizen Update Pittsburgh,Pennsylvania addresses given by mayors from across the The Editors of Planetizen highlight ten web Ric S hens Christine 13..Indi Indiana � Inwremceburg.In$iana country {including one who memorably sites of special interest to citizen planners. Baaveaft Oregon remarked that his city's mobility crisis "is no Iry Schiffamn midnight hallucination after a bad burrito"}, ® Housing Choices Harmah T'waddell Chico,California thar[ottesviNt,Virginia • If you haven't visited the PlannersWeb Today's demographic and economic conditions, Barbara.Sweet you've also been missing our "Friday video along with consumer preferences,are creating Gwendolyn Hallsmith Hyde park,New York shorts."We scour the Web to find short(under a major shift in housing demand.Recent legal Mowpe ier.Vammi developments have also put a spotlight on Ilene Watson ten minute)videos on topics we think bath sit- Carolyn Braun,AICP Kelowna,84 izen and professional planners will enjoy— exclusionary zoning practices.A closer look at Anoka.Minnesota every Friday you'll find a new video posted. these issues in: Dave Stauffer Design, • We're also re ostin g planning historian " Future Housing Demand: Problem or Opportunity Red�odge,Montana Ned Corbett Larry Gerckens'Planning ABC's. Some of you by Beth m or Leech Httmstttne Ferrisburgh,Vermorrt may recall this terrific series of short articles,in which Gerckens covers 26 important planning- ' Planning for Housing Portland.Maine Cover Illustration related topics in alphabetical order:from Auto- by Wendy Grey,AICP Wendy Grey.AICP Paul Huffman mobiles to Zoning.We've added hyperlinks to ' Housing: "One-Size-Fits-All" Tallahassee.Florida Grscnftrld.Massachusetts Gerckens'articles for those of ou looking for No longer Works Y g Subscription Information more detail on the people and ideas he refer- by Edward T.McMahon Published 4 timesl year.Standard Rats S671year.Addition• ences. • No Certification,No Money alsubscriptrons mailed tothe same allrew$12auh/year. There's one more important"introduction" by Michael Allen,Esq. ISSN 1058.5645. Postmaster and Subscribers: Send I'd like to make:you can now join us on three address Changes to Planning ConmtssumersJouurnal,P.O. key social media sites: Facebook, Linkedin, M Coping with Box 4295.Burlington.Vr05406. and Twitter.You'll find links to connect with us Economic Meltdown Editorial Polity � by Gwendolyn Hallsmith ` .� rk right under the logo at Articles and columns contained in the Journal do not ' How strong is your local economy?Is there a the top of our Planners role for planning commissioners in addresser necessarily reflect the views of theJournal.Thefournal is Web home page: www, p g g copyright protected by Champlain Planning Press 2010. local economic development?The first of a Forpermissionto reproduce ordiswibuteanypordonofthe plannersweb.com,♦ series of columns by Gwendolyn Hallsmith. Journal,contact the Editor.This publication is designed to provide accurate and authoritative information on the sub- m Stop, Look, Loiter j�matter covered.It is sold with the undermunfi'ng that W',ALA� by Dave Stauffer the publisher is not 6gaged in rendering legal,accounting or other ere fissional services.If legal or other expert assis- Wayne M.Senville, Stop,look,and take the time to observe how tance is required,the services of a competent professional Editor people interact with the built environment, should be sought. PLANNING COMMISSIONERS JOURNAL I NUMBER 78 1 SPRING 2010 Our Contributing Writers Dave Stauffer including ten years as Planning _ is a planning Director for Tallahassee and From PCJ Editor Wayne Senville:Just wanted to tell you a little consultant, Leon County.She's also reported about our new (and old) contributing writers.We think you'll freelance writer, on planning issues for the benefit from the variety of perspectives these very experienced and and chairman Florida League of Cities. talented planners will bring. of the Yellowstone Business Partnership,He is also a I + Carolyn Braun, Beth Humstone Gwendolyn former city planner,planning ` is Planning Director has worked as a Hallsmith is commission chair,and city Director for the planning Director of council member in his home 4 of Anoka, +tom I- City Minnesota,and consultant on a Planning&t town of Red Lodge,Montana. wide range of Community Stauffer has previously written Past President of the Minnesota Development for the City of two articles for the PCJ: "Smart Chapter of the American projects in rural communities P y J Planning Association.She holds and small towns.She's an Montpelier,Vermont,and Messages," in our Fall 2006 advisor to the National Trust for founder of Global Community issue,and"Emerging Water a Masters of Public Affairs From Historic Preservation and Initiatives,a non-profit that Shortages Are No Mirage," the Hubert H.Humphrey former Executive Director of the supports municipal sustainable published in Spring 2004. Institute.Braun has also written two prior articles for the PCJ: Vermont Forum on Sprawl development initiatives. She's (now Smart Growth Vermont). also served as a city manager Wendy Grey, "What Planners Do," in our Humstone is also a past member (Randolph,Vermont) and AICP,is principal Summer"Planning from issue and ... m Different of the Burlington,Vermont, regional planning director of Wendy Grey Planning Commission,and (Franklin County,Massachu- Land Use Perspectives,"in our Fall 1996 former Chair of Vermont's setts). Planning LLC issue. Housing&Conservation Trust Hallsmith has written on which works with public, Fund Board. social,economic,and private,and non-profit clients. In her"spare time,"Humstone environmental topics,and is Prior to establishing her own For more about these co-authored Above and Beyond, wrapping up her fourth book, firm in 2002,Grey spent 20 Visualizing Change in Small Intentional Cities,Intentional years in the public sector talented planners, see ottt' Towns and Rural Areas,a book Economies,to be published by dealing with development and interviews posted on that we highly recommend. New Society Publishers. growth management in Florida, wwwPlannersWeb.com. They will be joining: Hannah Jim Segedy, Nato and Lisa 6� Twaddell has Hollingsworth- reported on _I Segedy,AicP have �` a transportation written for the planning issues n L_I ❑ PCJ since 2008. for the PCJ since 2004.She is Jim is the a Principal Planner in the �/ \ DEI Director of Charlottesville,Virginia,office Community of Renaissance Planning Planning for the Group,with over 18 years' Pennsylvania planning experience. / = �l Environmental Council,and G former head of Ball State Ric Stephens is a University's Community Based Senior Project Planning program.Lisa is the Manager at vacrQR Associate Director for River i Cogan Owens Restoration for American Cogan in The public participation process for the new Comprehensive Plan Rivers'Pittsburgh field office. Portland, Oregon,and Vice- didn't gather the constituents Fred was hoping for. Before that she spent over ten Chair of the Beaverton, Published in the PCJ courtesy of Paul Zucker,aka The Management Doctor. years as a circuit-riding planner Oregon, Planning Commission. Drawing by Dean Vietor;caption by Joe Adkins.You can see Zucker Systems for a regional planning Stephens has written for the publications including their new cartoon book,Mis Management at: organization outside Atlanta. PCJ since 2007. http://zuckersystenLs,com/public.html PLANNING COMMISSIONERS JOURNAL / NUMBER 78 / SPRING 2010 U THE PLANNING COMMISSION AT WORK Think Regionally, Act Locally by Jim Segedy,FAICP and Lisa Hollingsworth-Segedy,AICP ave you ever been riding and provides a mechanism for addressing There was a small group of people arong in your car and been able them— including input from and com- who lived just a few hundred feet beyond to tell exactly when you entered munication with affected parties outside the city limits in the unincorporated the city limits by the change in the road your jurisdiction.Your second obligation county. They wanted to volunteer to pavement? Have you ever looked at the is to consider the regional implications of serve on the ad hoc committee that was streetscape and known right where the your plan implementation actions. assisting the planning commission with corporate boundary is just by the way In last Fall's issue of the Planning developing the new ordinance. These land uses change abruptly? You don't Commissioners Journal (PCJ#76), Greg individuals had long-standing ties to the need to see the sign to know that you are Dale pointed out two areas which partic- community.The city was where they Col- in a different place. It is obvious to you ularly beg for you as the planning com- lected their mail, bought their groceries, that one community treated their bound- missioner to look beyond your paid their water bill, and attended ary as a hard edge, and where they community's boundary when making church. Their children went to schools adjoined the neighboring community, decisions: (1) systems. natural environ- inside the city. However, since they were there was no thought put into a seamless mental, transportation,and housing;and not actually voting, tax-paying residents appearance of the pavement, or perhaps (2) land use impacts on adjacent/nearby of the city, their request to join the com- even of the physical development. communities, particularly traffic caused mittee was turned down. Each community has its identity— by major retail. Later,when the planning commission and that's very impor- heard development per- tant—but no communi- mit requests that would ty is an island. In have affected traffic gen- today's mobile and eration,land use patterns, global economy, the and property values of decisions that you as a = these concerned non-citi- planning commissioner <: zens, elected officials will make must recog- ' instructed the commis- nize the relationships, sion to ignore impacts impacts, and opportu- -,.> j_ �:. beyond the city's border. nities of not only your ,.� " It was like placing a brick community, but also ...". wall at the city limit. the communities that `= �'° '�'� " �-" `* - As a planning com- surround you. Even in What happens at your municipal border? missioner,do you see the "loseAose" out- the days of the compa- come of this example? ny town where everyone lived, worked, While Dale's article focused on ethical First, the city missed out on hearing shopped, and played in the same place, reasons for why a planning commission valuable perspectives from people with people had to share resources with their should balance the interest of a commu- authentic connections to the city—and neighbors. nity against the broader region, this is who were willing to put in the time to Your job as a planning commissioner not just an ethical issue. It is also one of help craft a good zoning ordinance. Sec- is to address your community's future, practicality and common sense. ond, by limiting the scope of the permit but the decisions you are asked to make review process, the city set itself up for Walls to Communication sometimes have impacts beyond your abrupt and incompatible land use at- own city or town. Those decisions can A few years ago, Lisa assisted a city in terns at its border. Moreover, the city call for you to think regionally while act- undertaking a complete revision of its lessened the county's interest in receiving ing locally. zoning ordinance prompted by the city input concerning development per- Your first obligation in preparing to spillover growth coming from the nearby mits for major projects outside the city deal with regional impacts is to ensure major metropolitan area. The need for limits. that your community's comprehensive this new zoning ordinance had been iden- Walls of this kind can stop communi- plan identifies potential regional issues tified in the city's comprehensive plan. cations in both directions. PLANNING COMMISSIONERS JOURNAL / NUMBER 78 / SPRING 2010 i Coordinating With Taking Regional Impacts Into Account How Ws done Multi Jurisdictional Bodies Some suggestions for how to think in,Georgia Coordinating your comprehensive regionally while acting locally: C��Geofgjt employs a"devel- plan with local school districts (which • revisit your comprehensive plan to uprnrni of regjonyl impact" MR0 frequently cross political boundaries) ensure that you've adequately considered approach to regional coordination of land and shared public services will not only regional issues. use decisions. allow proactive consideration of regional . consider adding a check box to your The DR]process establishes separate issues, but can enable plan implemen- development permit review checklist to threshtalds for developments in urhart and tation to take advantage of economies specify the type of review or comment rural aretL;;.Any permit request that of scale. opportunity that your planning commis- t xcrink the appropriate threshold auto- We can't over-emphasize the impor- sion needs in order to address the re- tiui!i:.{lIy triggers the DRI process,which tance of coordinating your community gional implications of proposed local prc idrs for review and comment from plan with the school board, the water developments. surrounding units of govemments and and sewer authority, or any other entity . look into allowing for public hearing the rcgiviial pIbittting council.While whose service area impacts our commu- IhV,;e t,olttt�trrtt,are advisory only,input P Y input from parties outside of your corpo- from affected neighboring communities nity,particularly if it also crosses political rate boundary, has benefited the development permitting boundaries. • work with our counterparts in adjoin-rP J process. Getting Assistance ing jurisdictions to formulate a system Georgia also has a formal mediation As a planning commissioner, where for sharing the benefits and drawbacks of proem that allows neighboring jurisdic- do you turn for assistance with informa- development and regional demands,be it ttous to negotiate the tissues of concem tion, data, maps, and analysis to think resources or services. when development in one community regionally and act locally? The important thing is to fine-tune poses impacts on an adjacent community. Luckily, every state has a system of your process so you can avoid those In many ways,this is like the environ- regional planning organizations available abrupt,incompatible changes in land use mental impact process which should be to assist you. While their name, scope of that,just like changes in pavement, tell integral to all comprehensive plans. services, and business relationship with everyone that now they're in a different cities and towns will vary from state to community. ♦ 1 state, they typically offer valuable assis- Jim is the Director of Community Planning far the -- 3' tance. Upon your local government's fail i . Pennsylvania Environmental Council. Lisa is the request,they can usually provide regional Associate Director for River Restoration for Amer- , information on ,transportation systems, r ' P Y icon Rivers'Pittsburgh field office. Their respective housing needs and trends,demographics, positions require them to foster regional thinking economic development, natural and his- and local action Jar communities that share natur- toric resources, infrastructure, environ- al resources and environmentally sensitive areas. I yy mentally sensitive resources, and other �l issues. Regional planning agencies may also be able to assist you in public involve- Online Comments: land use rights and responsibilities,and politics.As we all know,environmental,ment activities and coordination with -It may be a good strategy to consider Joint ,economic and other plans and impacts do resources can other jurisdictions. development and design standards among dif- not stop c, political boundaries;yet laws and Other important ferent jurisdictions to avoid the abrupt transi- P Y bons mentioned by the authors.grange legal responsibilities often do.Then there's avail include your state planning agency County,Florida,has adopted joint design the human and psychological drama,along and the extension program of your land standards with three municipalities for West With turf and control issues,involved in grant university. Many universities have State Road 50,a major commercial corridor, organizations.We've had challenges getting service learning programs through which to improve the appearance of the corridor and our elementary school,high school,and pub- planning, architecture, or landscape promote redevelopment and infill develop- lic libraries to have a rational discussion architecture students can provide your ment,which are goals at the heart of the together about whether to even consider the community with assistance.Jim and his County's planning process.For details,see: idea of sharing space or resources.Ideally, www.orangerountyfl.net/cros/DEPT/grnwth/ entities such as regional planning commis- students assisted over one hundred com- planning/urban/wsr50.htm." lions,watershed councils,and similar organi- munities during his two-decade tenure at -Susan Caswell,AICP Planning Manager, zations can help transcend town by town Ball State University, if you're not sure Orange County,Florida politics and thinking." how to access these resources, a quick "This is an important topic that lies right at —Lee A.Krohn,AICP PIanning Director,Town of call to your regional planning agency will the intersection of psychology,finances,taxes, Manchester,Vermont get you started. PLANNING COMMISSIONERS JOURNAL / NUMBER 78 ! SPRING 2010 PLANNING PERSPECTIVES Drafting Clear Ordinances: Do's and Don'ts by Carolyn Braun,AICP any planners spend a lot of Get input from your town, city, or tune interpreting or explaining county attorneys' office as early as possi- ordinances to citizens and those ble, At a minimum they need to review representing them. Unclear language in the draft before it is scheduled for public an ordinance provides an opportunity for hearing. both confusion and legal challenges. The Finally, if there's a public hearing best way to minimize this is by writing before your local governing body, make clear,readable ordinances. sure the members have been briefed in advance and given a chance to provide Tips ON DEVELOPING their Feedback. ORDINANCE CONTENT have the authority to adopt regulations. 4.Use a Check List 1.Be Able to Explain the Need Create a check list to review each Always check with your attorney. Adop- Elected officials often suggest consid- tion of an ordinance by another commu- draft. The check list should include tips eration of an ordinance based on what a nity does not guarantee that a similar from this article and the procedural neighboring community has adopted. ordinance will be legally defensible in requirements of your ordinance. Reviewing other community ordinances yours. 5.Proofread, and Proofread Again can be very helpful. Be cautious, howev- In some instances, state Iaws and After reading several drafts of an ordi- er,particularly if you are adopting a small rules can be adopted by reference, but nance, it becomes difficult to see errors section of that ordinance. Does the ordi- there is a question whether any future in typing, numbering, or other items. It nance language you are "borrowing" amendments to the state law are then can be very helpful to have someone include terms not defined in your own automatically incorporated into our proofread who hasn't been involved in ordinance? previously adopted ordinance. One way the drafting. Most importantly, be sure the ordi- to deal with this is to include the phrase nance you are drafting is tailored to meet 6.Keep Good Records Y g "as may be amended from time to time" your community's concerns. You should when you adopt an ordinance that refer- While communities often have a wide be able to explain the need for the ordi- range of discretion in adopting local P ences a state law or rule. ordinances, the must also comply with nance. That understanding will also lead Y P Y 3.Discuss the Draft procedural due process requirements. to clearer interpretation and enforce- P P q ment, and help ensure that your ordi- Its good practice to discuss draft ordi- Often litigants will allege violations of nance is legally defensible. nance provisions in a work session (in due process when they challenge an ordi- most places, these must be noticed and nance. 2. Make Sure You Have the Authority open to the public). Planning commis- Documentation of compliance can Before you go too far in drafting an sioners can offer valuable insights and reduce the likelihood of such litigation. ordinance, make sure you have the assistance, and should be involved in It is also very helpful to record minutes authority to enact it. Does it conform to reviewing the draft. The meaning of the from ordinance discussions that are held state and federal law? Communities can- ordinance should be clear to them, not not adopt local ordinances that contra- prior to the public hearing.This infonna- P just to staff. Planning board members tion provides background on the basis dict explicit provisions of state or federal can also be asked to play devil's advocate for the ordinance, and should be includ- law. For example, in Minnesota there are and thoroughly explore various possible ed in the public hearing staff report. specific provisions in state law requiring interpretations of the draft. This extra communities to allow state licensed resi- time and work often pays off. TIPS ON THE MECHANICS OF dential facilities. If you know of any interested individ- DRAFTING AN ORDINANCE In some cases, the applicable "field of uals or groups, ask them to participate. Ordinances — in particular zoning law" has been preempted by state law. Consider how application of the ordi- ordinances — can be lengthy documents. For example, a state-adopted building nance will affect them, Are there any To improve readability, emphasis should code may preempt adoption of a local unintended consequences that may be placed upon drafting a well-organized building code. In such cases, you do not result from adoption of the ordinance? ordinance that uses plain, well-defined PLANNING COMMISSIONERS JOURNAL / NUMBER 78 / SPRING 2010 li,, language. Such an ordinance will be easi- positive language. For example, instead can help avoid problems of ambiguity er to administer and amend. of saying "The City Manager may not caused by the words "and" and "or." 1.Make it Clear approve signage in the right-of-way When using lists it is also helpful to There are several principles of clear unless he or she has determined that have the introductory text say "at least writing. Writing in the active voice — there is no public safety impact from one of the following" or "all of the fol- using action verbs—is arguably the most such signage,' use "The City Manager lowing."' important. The active voice makes it may approve signage in the right-of-way 4.Be Considerate when he or she determines that there is clear who is to perform the action Ordinances should avoid gender-spe- required. For example, an ordinance in no public safety impact from such cific terminology. For example, "drafts- passive voice might say"The application signage." man" becomes "drafter," "foreman" must be approved." In active voice it • Similarly, avoid negative words or becomes "supervisor," and so on. In would say "The administrator must phrases. For example, don't say "A pro- addition,instead of using phrases such as approve the application." ject will not be approved unless all appli- "the administrator or his designee," sub- Here are some other suggestions: cation requirements are met." Instead, stitute"the administrator or the adminis- • Use action verbs that are shorter say "A project will be approved only if trator's designee."Similarly,avoid archaic and more direct. For example, change the applicant meets all requirements." or potentially offensive terms. "make payment" to "pay" or "is con- • Simple illustrations can clarify S. Be Careful When Defining Terms cerned with" to "concerns." terms or concepts — and are found in a • Be direct, especially when describ- growing number of ordinances. But first For zoning ordinances in particular, the best way to avoid the time and ing procedures and lists of duties. For check with your municipal attorney on example,say "Sign all copies." whether you can do this. If you include expense o a lawsuit is to make sure that • Similarly,convert phrases to simpler graphics, make sure they are clear and all important terms are defined and every terms.Instead of saying"Failed to comply legible. definition is clear and unambiguous. In interpreting zoning ordinances, with," use the ward "violated." 5ubsti- 2. Language in an Ordinance Should courts will attempt to find the plain and tute simple words where possible. For be Consistent example,instead of"construct"or"fabri- ordinary meaning of the terms. Any Don't use different words to denote ambiguous language will usually be cate use the word "make," instead of the same thin just for the sake of varia- gJ interpreted in favor of the landowner. "initiate" or"commence" use "begin." lion. Using different words rather than In Minnesota,the courts have been asked • Short, compact paragraphs work repeating the same term simply confuses best. Each paragraph should deal with a p g p y to interpret undefined terms such as single topic. Lengthy, complex, or tech- the reader and may provide apportuni- "lawn and garden center," "accessory," nical provisions should be presented in a ties For misinterpretation and litigation. "subordinate," "incidental," "main," and series of related paragraphs. This will For example, don't say "Each motor "structure.' vehicle owner must register his or her help readers understand the relationship car." Instead, say "Each automobile IT'S WORTH THE WORK of the provisions, owner must register his or her auto- The tips in this article can help you • Watch out for commas. The place- mobile." draft a clear, legally-defensible ordi- ment of one little comma can sometimes nance, It may seem like a lot of work. It make a big difference in meaning.' 3. Do Your Lists Right is. However, taking the extra time as you • Draft your ordinances in the present Lists should be clear and use parallel draft the ordinance will likely save your tense. structure. List each item so that it makes community even more time and • If you have a choice between writing a complete thought when read with the resources when you administer and either positively or negatively, use introductory text. enforce it. If the introductory text is a complete 1 I was reminded of this in a comment by planner Sentence, end the introduction with a Carolyn Braun, AICP, is Vicky Newson on a draft of this article. As she colon and make each item in the list a Planning Director for the explained:"Many times the placement or omission of City of Anoka, Minnesota, comma can change the interpretation of a code sec- separate sentence. If the introductory lion.1 always use the example of'I have several dress- language for the IiSC 15 an incomplete Serv- and past President of the es. They are red,green,blue,orange and yellow' Minnesota Chapter of the tence, end the introduction with a dash versus'1 have several dresses. They are red,green, American Planning Associa- blue,orange,and yellow.'In each case it-says the same and end each item in the list except the g Y Y tion. She has written two thing,but how-many dresses do I have? In the first last item with a semicolon. prior articles for the PCJ: example,the last dress could be an orange and yellow After the semicolon in the next to the "What Planners Do" (Summer 2004) and"Plan- dress,but in the second example it is clear that they are two separate dresses." last item in the list,write "and"or"or" as ning from Different Perspectives"(Fall I996). 2 Thanks to Davis,California,Community Develop- appropriate and end the last item in the ment Director Katherine Hess for this suggestion. list with a period. Listing in this manner PLANNING COMMISSIONERS JOURNAL / NUMBER 78 / SPRING 2010 0 FORWARD MOTION 21st Century Transportation Planning Challenges by Hannah Twaddell merican settlement patterns environment, our health, and our eco- and regional planners and decision-mak- he_vt always been strongly in- nomic vitality. ers to redesign existing and new places fluenced by our transportation As our anxiety about these problems so that people can choose to walk, bike, technology. In 18th century America, the grows, however, so does our creativity. cruse transit for daily trips. best locations for cities and commerce We are in a time of fundamental change Studies show that improving the were accessible to major rivers and ports. that portends both danger and oppor- proximity and connectivity of activities Few people lived in "backwater" com- tunity. can reduce the overall number of vehicle munities. Once you got off the trips generated within a boat,however,you had to rely given area by as much as 25 on the power of feet—human percent.' This, along with or horse. Within cities, all operational improvements activities had to be located to improve free-flow move- within walking distance of ment on local roadways,can each other. Suburban growth make an important contri- extended about as far as one s � � � ' "�' -� y � bution toward reducing the could go within a day's ride � ,�; _ � amount of CO2 generated. Stormwater runoff is from town. With the advent of steam- another important environ- and diesel-powered trains in - - mental problem exacer- the 19th century, people bated by our automobile- began venturing away from oriented development pat- the rivers and built new cities tern. That's because road- "Giant Steamboats at New Orleans,"by Hippoiyte Sebron(1853). ways, surface parking lots, across the landscape. Howev- and driveways result in impervious in er, since foot-power was still the domi- Our Natural.Environment in amounts of paved, imper nant form of local travel, rail towns A 2009 report by the U.S. Environ- face which, in turn, can lead excessive retained the compact form of older com- mental Protection Agency indicates that runoff. munities. fossil fuel combustion for transportation As the EPA's Lynn Richards noted last The automobile allowed us to spend is responsible for a third of America's CO: year in an article in the Planning Commis- the 20th century spreading out in all emissions,which are an important ingre- sinners Journal, it is important to ask directions. Networks of highways and dient of the "greenhouse gases" associat- whether street and road widths in our local roads created opportunities to build ed with global climate change.' communities are sized appropriately cities virtually anywhere.With the power The three most prominent factors since "overllyI wide streets will create of hundreds of horses under the hood, affecting the transportation sector's emis- excess impervious cover."' Richards also cars made it possible for people to live sions are the fuel economy of vehicles on touched on the importance of downsiz- miles away from daily activities such as the road, the types of fuels used, and the ing our parking requirements, pointing work, school, and shopping. No longer overall amount of driving by all vehicles, out that "parking lots designed for peak confined to the walkable dimensions of expressed as vehicle miles traveled demand periods [create] acres of unused one-horse towns, we shaped new com- (VMT). pavement during the rest of the year." munities around large street networks Federal agencies, state governments, and parking lots. and private sector entrepreneurs are 1 Inventory of U.S. Greenhouse Gas Emissions and As the 21st century dawns, the Amer- working on the tasks of making vehicles Sinks: 1990-2007(U.S.EPA,2009). ican dream made possible by the remark- more energy-efficient and finding new 2 Land Use and Site Design, Traveler Response 10 ably fast, flexible mobility of the sources of fuel. But our success at reduc- Transportation System Changes--TCRP-95 (Trans- automobile has begun to take on night- ing VMT depends largely upon our abili- ponation Research Board.2003). marish qualities. It is becoming clear ty to plan and locate communities in 3"Managing Stonnwater Runoff:A Green Infrastruc- ture Approach,"PCJrt73(Winter 2009),available to that our collective dependence upon ways that reduce our need to drive. To order&download at:www.plannersweb.comhvfiles/ the automobile is threatening our natural achieve this goal, it is essential for local w28+htm1. PLANNING COMMISSIONERS JOURNAL / NUMBER 78 / SPRING 2010 Our Health States 2010 Benchmarking.r The report, alone paying for new infrastructure. The Between 2010 and 2050, the number authored by Kristen Steele and Monica responsibility for transportation funding of Americans aged 65 and older is Altmaier, points out that "states where has been shifting toward states,localities, expected to grow from about 40 to 88 bicycling and walking levels are lowest and the private sector. million.' According to Census Bureau have the highest levels of obesity." Simi- That said,every local official is keenly projections,20 percent of Americans will lar correlations were also found with two aware that raising a city or county sales fall in this age range by 2050,up from 13 other major public health concerns, or property tax is even more politically percent today. diabetes and high blood pressure. challenging than raising a state or federal The problems that these increasing Steele and Altmaier note that: "Walk- gas tax. It's no wonder jurisdictions all numbers of older people will face when ing and bicycling have great potential to over the country are searching for better they lose the ability to drive will be much improve public health. In 2001, 41 per- ways to negotiate infrastructure invest- more than an inconvenience. Without cent of trips in the U.S.were shorter than ments from developers, and that toll other travel options available, their two miles and 28 percent were shorter roads are making a comeback. access to everyday activities and essential than one mile. Since bicycling can Nineteenth century transportation services will be sharply curtailed—just accommodate trips of up to two miles investments, from turnpikes to railways, when their needs for social connections and most people can walk at least one were largely private, for-profit ventures, and medical attention increase. mile, there is a lot of hope to use this while the 20th century was the age of By creating communities where peo- form of travel in our communities." tax-supported"freeways" and transit sys- ple can get around without cars, we can tems. The 21st century is likely to bring make a significant difference in the about an interesting marriage of the two. health and happiness of older adults. \ ' ' _ just as we pay transit fares now, we will A 2006 study by the Northern Virginia J probably pay more roadway tolls and Transportation Commission found that / �. � �' user fees in the years to come. "seniors from walkable,mixed-use urban s SUMMING UP and town areas are more mobile, taking We've entered a dynamic time in the 20 percent more trips each week than ' those from suburban and exurban areas. world of transportation and land use They are also less likely to be socially ! planning. For many years,engineers and isolated."" policy makers have focused on the goal . � of increasing the speed with which peo- Meanwhile, the health of tomorrow's pie can move between places. Upon real- working-age adults is already being com- K izing that were literally driving ourselves .4: promised by obesity linked to sedentary ., i. too far apart,we can right the balance by living. According to the Centers for Dis- .y boosting the importance of two other ease Control and Prevention (CDC), 17 - . — percent of children aged 6-19 (more than goals: nine million young people) are obese. Forward-thinking communities such • Bringing people and places closer That percentage has tripled since 1980.' as King County, Washington, are incor- together, A third of our children in this age range porating walkability goals and perfor- • Providing people with more choices are overweight, a far cry from the CDC's mance measures into their comprehen- of travel routes and modes between goal to reduce this figure to five percent. sive plans,while other places, like Albert places. The Alliance of Biking & Walking, Lea, Minnesota, are adopting programs By working together on designing with funding from the CDC,has released to promote active living. Meanwhile, communities that offer more flexible a remarkably useful, data-Filled report, more and more communities are adopt- travel choices, we can sustain our com- Bicycling and Walking in the United ing Complete Streets policies, aimed at munities through the 21st century—and designing streets that accommodate not beyond! 4 Projections(J the Population by Selected Age Groups just cars,but bicyclists and pedestrians. Hannah Twaddell is a Princi- and Sex for the United States:20I0 (U.S. Census Our Econom y pal Planner in the Char- s jli Bureau,2008). lottesville, Virginia, office of 5 Jana Lynott,et al.,Meeting the Transportation Needs Our traditional source of revenue for ► Renaissance Planning Group. of Northern Virginia's Seniors:Recommendations for transportation — the gas tax — cannot Her articles on transparta- :M ` Publir Transit Systems and Other Mobility Providers keep pace with the escalating costs of (Northern Virginia Transportation Commission, (ion planning topics appear ht 2006) maintaining the system we have, let regularly in the Planning - 5 Preventing Obesity and Chronic Diseases Through Commissioners Journal. ! Good Nutrition and Physical Activity(Centers for Dis- 7 The report is available to download at: ease Control and Prevention,2008). www.Peoplep(iweredmovement.org. PLANNING COMMISSIONERS JOURNAL / NUMBER 78 / SPRING 2010 * SPRING: Top Websites FAui., Planning Perspectives Planet a Update 5trtr4ME$;Noteworthy Books wtwrrit: Top News Stories PLA 14ETI EN Top Welbsites for OR 11kRI Ii.`i;tit ze.a V of IITIcs• ernmertt Direettvt,and turves as doe n`t stop At the border. I hi Citizen Planners infrastructure.The"Beyond Ehe a clearinghouse fin federal pub- well-informed wehsite covers Motor City"episode goes deeper b c information. It's also a major the range of infrastructure issues hr�ui=h�tu.t the�,1tr,the sill- Motor most reporting into part of the government's effort to being faced all over the globe= Ton,of PL--mclizen— Detroit's woes,and is supple- hecriTne F1wrc accessible and from high speed rail to highways +.pl{tnctizci3:eoitt—klole at mented on the wehsite h3 addi- transparent.As the potentiaf of to renewable energy. hnndreds o planiing-wltttfff tional interviews and open dam and open govern.went As global sinew lean away from NvL 135i its,Lind online publica- slideshows. evolve,this site uw likely to play the private automobile and buns_Ti hk!tr arc ninny sang out a major ride in the way govern- towards public transit systems, thete tltat am nse ul tci ti&.eti DATA.gov nient information is shared. The Infrastructurist's editorial pl.mmi rs and coitcc�mt rdl citizei-,s GOOD purview is wonkiness that's fight iJ4 it vegorie through all the on time. grJrJ6�iti iiewcsi wehsites.and picked out THE "1STS" justa fe+ti•t,f tl�c tartest xiu:el�lc� 1-fl•:e its name i€n�l€es,CrC?(�17 J gothatnist.com/laist.com as:a rnr�g;��€nt lrc€ised on the and informative resources,pro- ood th4i6;5 in liar.Not luxuries During the in€sriwi Nxim,a viding an overview of the irlwu- scr much_but mare along the lot of companics were seeking to see sites for alivot t•interested In Ili=—m€tf griod i&-As ti's a quarter- e'teate the"go-to"s(irarct for crralin he lthy and livable ly print magazine that has level- local and"hyper-local"news. commxitait.ies. D,_trc coy (yrdinitp tvibranionline After all,Nvithnew,,pm Nt,,dying and taking far 4UODirmGdwma�9t�ii�khir�,dawpgiu 600D.i�ok W1 . d049a .e too long fio get r I�� 17 I{�.� dr,{�t en,1€ s s IS I URBAN RENAISSANCE p$�LIL�I'Ri:1sE'I' AMERICA areal web: res- ernrnent€ise tiv�� o}��n. Tir>�s€te _ - _-- ent:e,therewas labs.org/wnet/i)litepiintamerica/ c'�rttallis;liri'ee separate catalog!; '"�' �°"°", '"°'° e� °"'�' Ru areal void for With Netflix streaming movies of data and daw,Ei�sed tools ford piablitiation-The nia,gi ins rva� f�ieal coverage.#�number of and shows migrating try Httlu, government irif+.,rm:ttfnti: tlae fos€,scled in�fl�b.I�tdt over the challengers stand up,but the time in Groat of the T'i�set is raw data catalog,u�Fiiclr includes course car L11 1, IFL4!year has taken "Ist" network pulled it off'with becoming increasingly Scarce, a variety of data strerms and file ,csn it stii�ng c•]ty focus in its edi. style,rind,amazingly,•they've Meanwhile,PBS and NPR have formats,the i ttiitte tool c it,l+. tOnA Work With become -more relevant than ever, Of compiled searrhes and innovative and cranking out high-gtalitydocu. resources,.€ml rhr, gc€'jdji€ tkaHm- .i1!-lleslgttctl in[a,- mentaries that are timely and log of geography-based data graphics,��nd a raft ' topical,and yes,often online. stre'arns.T�ata.gov is part of the of columns and eh�t:agol�t ��ISi` gO�haiml St Blut print America is a P$5 Series federal government's()pen Gov- articles on design. .-_-... neighborhoods,and cities, kept up the prornise(if dmc!y ' + t GOOD is developing into an coverage of local government F p .g i accessible,lay-person friendly i,S5um including the goings-on / : + discussion of the best ideas in at the planning department and city making and community city hall. improvement. Good indeed, L..Aist(the Leos Angeles edi- THE RASI`ItUCTU ,sT tion),for one,has done a great °: job of reporting the ongoing j - ", infrastruritrtrist.catn -� fiascos at the planning depart- t The Infrastructurist may well meat over the plague of digital BEYOND , 4 be the most comprehensive and billboards.Granted.among the Focused resource for THE - - _ inf sum-C- NFRASTRUC 1•1111I sin tune-related [V We 01 Geywl d tile Mo[or Ci ty news in the M�ItIGA IIND�I CO�ISTAUCIlOAI PBS United States. How Do Americans Get to Work?Transit Patterns in Major -rep•.Irv,�'. But the story odes PLANNING COMMISSIONERS JOURNAL f NUMBIER 78 J SPRING 2810 m cam - I The front � page features p ,. detailed TffimportPol t c I_ . . reportage rin * " the wurld-s transit systems,v4th insightful you enter,showing places that caty-rgortagc art biL:rlll listiu s, 43niin1=f0rin 13WAI(Iff ,zilat con- commentary. But deeper in.,the cater most to your particular random Flielsr ph4 ILL 5nd vttrsation. Featuring comm.en� site is an encyclopedia of exist- needs.So far Cagle has only cov- iuniors.but the W-9 also regitlar- uiirs.;academic essays,and ing,under construction,and ered New York and Philadelphia, ly Bring hrea king 1rFCal nL%s's lli.at archives dating back to issue Planned transit SyStems. but the model looks highly Vall leitvt ii)L.l rst:u,+papers in tale, Places offers a valuable new Freemark is an independent pxt)m ing,and is easy to use. t h c dw a. hontc feF; i hn ughtf iul discussion researcher based in France who Try it out to get a feel for how it ]_Ir+iC{ll N lNS.TiTt'TF iDP and anallsls of urbanjr rti ar)d somehow manages to seem like works. l..ANi? PoL€cY place- he is everyplace at once. Note from T'GJ editor Wayne �irtcr,2aalalst.caEu SEEGLICKFix WALKSHED Seoville.I tried out Walkshed, The Lincoln Institute of 1 awl sect,lichfi.x.comhitizens walkshed mg using my former Philadelphia lltil icy-is;a n iniamn tiorriaai Harnessing the power of the Walkshed is the brainchild of address(307 fine Street,where I F.L-urclt ol-ganization ihai fkwos• crowd,SeeClickFix is an easy- softwam developer Aaron Cagle. lived.in 19811-S1).I invite you to ill I)rl ISSUff,of land Lam,r,-guLl- tome web interface that allows It takes the"walkseore"concept insert my former address and see t ti n. 3 n r I taxation. I r .i kio citizens to identify and report and puts the controls in your the many nearby bars,restau- happens io have a highly usa luI hands.For exam- rants,and coffee shops I've been %v03}tie ihit is thick woh ple,if you hate to missing! resources and wuls,inrluding a SeeClickFIx database aviih vvcri-6ing ucFaa't] power to the communit ever nELd to know 3baut tht• P Y a a,av �a�r rr na�,�ws_ property tax;acrFlltietil�n n ` N• -%risUal tG4ls" t6 Colnlut.ItllCalc _. .. +. pi;n1r1ixigc't,trt4^l1as;Ant1Rfflre problems in their co mmunitles-- I 14 than 700 ease of cu llegc and track their progress(or lack * alt:l tlttivertiiul;r.ti,tit,[bow file). thereof).With search capabili- �,y � Integrate into urban neighbor- CieS,mapping tools,and problem ' _ lfi od, i While not rho tl'ashki si.of trackers,concerned clt=ens can ire '. WV.13Nate5 an terlrts Of dt5l,-. keep tabs on thttj ivic problems + , there's a v. -.L1LIl r f itit`resting in their communities and make Mn,ar_h on a is arie ty of land use sure their local Wi6als do too. TOr� A O issues. SeeC:lickFix is une ul the most ��.•// 1 promising tools available.ti-1 You've just seen Planetizen's PLACES _, v, Top 10 Websites of 2009. pictces.designohservercom enhance public part.lt:quillon in How about taking a look government- Places _:.: at the Top 10:Books far is the new online home Planners;Great Public Spaces; of Places ournal,the interdiwi- �I'lll T11A 1S 1tI PaT.ITIC cook and refer to avoid e J � grocery Green Projects;Endangered phnary journal of contemporary thetransportpolitic.rom stores(taut you find restaurants Roadside Places;and much architecture,landscape,and There are a lot of blogs and and coffee shops essential),you mare?You'll find a fascinating urbanism. Published since 1983, Sites Coveting transit and trans- can weight those Search factors variety of Top 10 lists at: PlatesJournal has played a portation issue:s,but Yonah more heavily.Walkshedgener- plannersweb,corrt/topl01tm1 vibrant and active role in the Frreemark has created a news- ates what's called a'heatraap" urban discourse,and iLS new page that is a cut above the fray. over the area near the address iM — i �r } PLANNING COMMISSIONERS JOURNAL / NUMBER 78 f SPRIN(; 2010 PLANNING PERSPECTIVES Future Housing Demand: PROBLEM OR OPPORTUNITY w many times has your by Beth Humstone impact on the demand for housing. After Op a r commission heard, "But there's major expansion in the supply and demand for owner-occupied housing, no market for that development," DEMOGRAPHIC TRENDS bankruptcies and mortgage foreclosures "People want a big home on one acre," or have left lot after lot of empty houses in "It's more affordable to buy house out Two national trends are clear: (1) P Y Y decreasing household size, and (2) an suburban tracts. In some parts of the in the country?" In the past it was com- aging population. Once planners focused country, empty new residential towers monl accepted that suburban or fringe their housing plans on providing for cou- can be Found downtown and in the sub- housing on large lots was where most ples with children. Now these house- urbs. In hard hit cities with high unem- of the housing market was focused. holds are a minority ployment, whole neighborhoods have But the recent housing foreclosure crisis, As Arthur C. Nelson, Director of the been abandoned, leaving existing hous- coupled with high unemployment and Metropolitan Research Center at the ing stock falling into disrepair. Moreover, rising energy costs, has challenged old University of Utah, recently noted: new rental projects have stalled as access assumptions and dramatically altered "Between 1950 and 2000,average house- to financing has tightened up. the picture. hold size decreased from 3.38 to 2.59 Today's economic conditions hold Now planners in communities across [and] will continue to fall to about 2.46 several implications for future housing the country are increasingly hearing persons by 2030 ... Single-person house- demand. For one, in many places new demands for:more housing close to tran- holds will rival households with children construction will be put on hold while sit; walkable neighborhoods; and afford- and will be the fastest-growing, market demand absorbs the existing supply able, low-maintenance, energy-efficient segment."' Moreover,as Nelson explains, Much of the oversupply of housing homes. In this chaotic time,how do citi- "Baby boomers will turn 65 between lies in large lots in fringe locations. zen and professional planners determine 2011 and 2029." According to the American Institute of what people really want or need, and Architects, "These were the locations what to plan far? where large enough parcels of land could It is essential that planners under- be assembled to generate the volume of stand the market for housing in their construction required during the hous- community: what types (and price ing boom earlier this decade. However, ranges) are needed, and in what loca- when the housing market weakened, tions. Planners must also consider eco- large inventories of unsold homes remained on the market in these loca- nomic trends and other factors that tions."'These sites may be the last to fill could impact future demand. up as builders and developers look else- Today's demographic and economic Large homes in outlying locations where to meet demand. conditions, along with consumer prefer- may no longer be affordable or practical In addition, with home ownership ences, are converging to create a major for retired people. According to a report out of reach for a growing number of shift in housing demand. published by the Urban Land Institute, people,the demand for rental apartments Economic forecasts suggest that there "Some baby boomers will choose to should increase — especially once will not be much action on homebuild- downsize to an apartment or condomini- employment improves enough so that um after their children leave the `nest'... ing for about two years.Many communi- people can move out of housing where ties currently have excess housing stock Multifamily housing allows seniors to they have doubled up with parents or that very likely will be filled before much remain in their neighborhoods through friends during tough times. new construction begins.So there is time the different stages of their lives without the hassle of maintaining single-family I Arthur C.Nelson,"Demo ra hic Outlook," Urban to examine residential markets and how housing."1 Land(Sept.2009). Za p they are changing to avoid housing ECONOMIC CONDITIONS 2 Richard M.Haughey,The Case forMuItifamily Hous- shortages, meet community needs, and ing,Second Edition(Urban Land Institute,2003). revitalize neighborhoods adversely In recent years the downturn in the 3 AIA Home Design Trends Survey (December 4, affected by current economic conditions, economy has had the most far-reaching 2009). PLANNING COMMISSIONERS JOURNAL / NUMBER 78 / SPRING 2010 CONSUMER PREFERENCES WHAT DOES THIS MEAN 7. Promote affordability. Lower-priced Along with demographic shifts and FOR PLANNERS? housing can be created through inclu- economic conditions, consumer prefer- Given these trends, planners should sionary zoning provisions and increased ences for housing are changing. Accord- consider the following steps: densities.Support for developments with ing to John Caulfield, writing in Builder 1. Focus on infill development. In£ill nonprofit housing developers, local magazine: "The downturn has given development can address trends for housing authorities, and community builders time to ponder whether the smaller lots and homes in already built land trusts will help build in long-term homes they build match the demograph- up areas, access to services and public affordability to housing projects. is and financial profiles of current and transportation,and walkability. 8. Reconsider older, abandoned neigh- future customers. Some have adjusted 2. Enable retrofitting, Retrofitting of borhoods. One of the most difficult issues their house plans and construction prac- existing buildings, including conversion facing a planning commissioner is what tices to produce smaller, greener, and of empty single-family homes or vacant to do about neighborhoods experiencing less-expensive houses. Builders every- commercial buildings to apartments, can abandonment and decay.Some are exam- where are rolling out smaller models to help to meet the demand for rental hous- inng demolition in order to "shrink" the meet customers' demands for efficiency ing that is likely to dramatically increase size of neighborhoods. Others are look- and affordability."' as a result of the mortgage crisis. This ing at the potential to rehabilitate hous- The American Institute of Architects' may require reexamining your building ing for home ownership or rentals where (AIA) national survey of residential code to make sure it doesn't pose major neighborhoods are fully served by infra- architects found that consumers want impediments. structure and are near to jobs, transit, lower maintenance, durability, and 3. Plan for transit-oriented develop- and services.Still others are land banking sustainability. As AIM Chief Economist ment. To meet the demands of house- Kermit Baker notes in summarizing the holds for access to public transportation, buying and holding land with with- Kermit results: "Rising home energy costs shorter commutes,proximity to services, out homes until such time e as the ... have helped to generate interest in and rental housing, transit-oriented market improves ves or new programs for smaller, more energy efficient homes in development with higher densities and revitalization can be put in place. locations that were accessible to trans- mixed uses should be planned at major 9. Rethink plans Jar fringe areas. As portation, commercial activities, and transit hubs. 1 fringe housing locations become less r jobs. In£ill development, with smaller 4. Review opportunities for urbaniza- desirable, planners must address how I parcels in more developed areas, has tion of suburb. Many suburban areas they will plan for these areas. There will become very attractive."6 already have access to transit and offer always be some demand for low-density A poll by the National Association of jobs and services. However, housing is single-family housing in most communi- Realtors and Smart Growth America often not mixed in with these amenities. ties. However, that demand will weaken. taken in 2007 found: "Eight in 10 To meet the shift in demand For smaller Planners should focus more on the nat- respondents prefer redeveloping older units, access to services, walkability, and ural resource values,recreation potential, urban and suburban areas rather than greater affordability, planners should and open space priorities in fringe areas. build new housing and commercial consider how to create more urban living development on the edge of existing sub- in suburban environments. SUMMING UP urbs. More than half of those surveyed 5. Raise densities. To improve afford- During this economic downturn, believe that businesses and homes ability and offer more housing types, planners should take the time to rethink should be built closer together to shorten communities should review their exist- the housing plans for their communities. commutes, limit traffic congestion and ing densities and look for opportunities They need to challenge old assumptions allow residents to walk to stores and to raising them where appropriate. See about the market and develop strategies shops instead of using their cars."' Beth Humstone, "Getting the Density that address changing conditions in their The demand for energy efficient you Want," PCJ#74 (Spring 2009). communities and regions. housing is expected to increase not only h. Allow diverse housing types. Aging due to federal tax incentives, but also to baby boomers, twenty-somethings mov- p"�the pasts years, Beth improve affordability and to do the"right ing out of their parents' houses, and for- Numsinge has worked as a thing" on climate change. mer homeowners will all contribute to planning consultant pr je is n wide range of projects in the demand to diversify the type of hous- rural communities and small 5 John Caulfied,"Jump Start:Ten ways to get ahead of the market's recovery and put yourself in the com- ing offered in a community. Multifamily towns,She is the author,with petitive lead,"Builder(December 2009). housing can take the form of duplexes, Julie Carnpoli and Alex 6 AIA Home Design Trends Survey. accessory units, townhouses, and apart- MacLean, of Above and 7 Available at:www.smarigrowthamerica.org/nars ment structures offering both rental and Beyond,Visualizing Change in Small Towns and gareport2007.hrml. ownership opportunities. Rural Areas(Planners Press,2002). PLANNING COMMISSIONERS JOURNAL / NUMBER 78 / SPRING 2010 Ka Planning for Housing assumption that,altnnst regard- m central Cities,manyimmi- li, s of the choice they made,the grants now reside in suburbs fri itii ra J} i i�1�;.elf F` housE purchased would increase and rural areas. in value,With ctrl'end of the Age-The mast st iftcam tstaritally:the purihas€of �' � +.Iicvuse htis bcen the single hotiswgltttbWLi,thk is no aka gwttp fn irrms of numbers largest Iltwsttttetlt imist foinalies longer the case. rs iht-. B;Ahv Boomer generation- make. It is important to remember IN'Tri between 1946 and 1964. Pc ple selec!i a nt-w houbc that there atr also broad demo- Having been thr driving force htrsed 4191 O itffiti bbd it its aMird- graphic_patterns that influence behind the expansion of-subur- ability,whether it.is in a good the demand for housing.the ban living,Boomers were school distrnci and whether uio; i significant being migra- cxpc(:Lcd to sell their homes and market,:rod Ll.ic recession have thti)•lu'1 vurnforuilrle with tlir; tin:t,immigration.and age. R:1,w.4 I i4m popular WtITr•ttirllr affVC_.EVJ dir anticipated Twnd-;in neighl>orsand nekghhorh od- 1Vligration.We have hi;tr o-ri• areas: migration and immigration and In recent year's another factor i;tll`° bs:t:rl N annlaile society.We Ger viers,born between people's housing options to the wa5 also addul Lo Lhe mlN: the 0LCcr r so pursue N,'II ; Lirtty 19155 and 1.9kT,are It+.+w Llil- shin term.With unemployment nttlt,.The huge nugr tian to lsriute in irlict Foe '-mink rrsi�^ri Jrirl foreclosures up and tnt7rt- 1 'A dl Unt 'xe-2, r al..C etntl<<Lui rr,1L. the Sunbelt over the past 25 ed home_s..1-mvcver,Gen _•rs gage'lending restricted,people Rrr.r191 Doit�igwjihi. TlrorrlS 111 �%rrra; . pal tan ;M�j 1 iisc t3Tnarke g{ rti-iiw- years nsa rt 4t Tlt extatnplt of L11i4 have bacl to tie�il with a higher are not relocating,and the buy t!. i•. 16h,TrulLtatr I'cuhuy Program, pattern. ,ct6L of listing over the past ing and selling of houses is MGL)),v 6 Lmmigmtion.Much Of our decade,and hme often f:mid dawrt Immigration has also 2 See,e.g.,V_Cal_[€Teti'_F?tIt--',ind populstiota growth is coming themselves pncccl out[if the slowed. Lb d fit-Thoigao. -Pntctccv Nunmri- from immigration,between housing market as they've ided One key role for planners rnrtllitir:s,' -1crnr4ig. Pew 11ce N i.,, I 1 21100 and 2007„the immigrant 1. up the property ladLlea and planning colttmZrisiolters is N o-vrrn1k a-.2009).and Gwight.H.Ivlcr- r'.lrn 1-AICP, -PracLice krdcvrhbp- Rapttlatitan lbw by 22 percent. -especially as more Boomers to consider strategies that will tttent," Zoriijig PraVdcf. No. 12 to 38 million.'While in the past have stayed put. help recrWe viable neighbor- (December 20(Y) the majority of immigrants lived The crash in the housing hoods for current and future PERSPECTIVES ON HOUSING Housing.- the role of the home and the borhood is more important than imp act of demographic changes the size of the house. In fact, "One-Size-Fits-Al I" on buyer preferences. more than 50 percent of respon- No Longer Works The results are surprising dents in the survey said they by Edward T.McMahon and they suggest that the types were willing to accept a smaller of new homes that were most house"in the neighborhood 1 Wck in July,Builder Maga- prevalent before the recession want." ine published an article will not satisfy the needs of This does not mean product titled"Brave New World: tomorrow's buyers.One reason is irrelevant,but it does mean After the Bust,Builders Might for shifting buyer preferences is that for many buyers the loca- Be Surprised at What Future the fact that there are so many tion of the home-the place- Shoppers Will Want,"by John different buyer profiles.Tomor- is now more important than the their surveys have found that Canfield,Jenny Sullivan,and row's market is made for the house itself-the product. ... "female respondents have a Nigel Maynard. foreseeable future. According to Builder,one strong preference for the city and To gather data for this piece, So what do buyers want? subset of buyers that home- are much more likely to choose the magazine commissioned Given that housing prices are builders should leam more what we call'safe urbanism.'" American Lives,a California- down 30 percent from their about is women.Women have According to Kannan,RCLCO based market research firm run peak-and even more in some always played a big role in surveys have found that while by pollster Brooke Warrick, markets-big,flashy houses are homebuying decisions,but "safety is very important"to to conduct a nationwide study no longer priorities.Buyers are demographic data show that by female buyers,they also"want to of prospective homebuyers' less likely to think of housing 2010 households headed by a be able to walk to shopping and attitudes toward the economy, primarily as an investment and woman will number well over dining." home styles,product prefer- more likely to think about how 30 million,Shyman Kannan, Besides safety,another fea- ences,energy efficiency,and the house will fit their lifestyle. vice president and director of ture of interest to most buyer green features. It also examined What is more,for many buy- research at Robert Charles Less- segments including women buy- changing attitudes in regard to ers the character of the neigh- er&Co. (RCLCO),says that ers,baby boomers,and young PLANNING COMMISSIONERS JOURNAL / NUMBER 78 / SPRING 2010 '- cuddrilts,Tti13 Will invaIYL 3. Mahe 51119•home morpa. Conversely,if younger fami- zoning standards 3 recomiderint*land use portents, 1tgn5 Grp Tali€raked and appropriate- liars irc likely to repopulate the While we don't know exaecly particularly in subtu n areas. l_y rr'gularcd While it is area,are lrutliLik- available to how and when the current where tb4 r4t'overyr in the hous- importe:nt to prOICCL ilelghhff- meci their ncr% =Are there suf- economic Crisis will end,we do ing-market is expected I4}l.a;; hoods from tie potentialiy fictou reereaiin al areas and ltaowthat those communities Having lool'wd tir 11 it! Ino't dos- iiitrusive impacLS of lift inu!6ui lisr°:tiar-ss for day Cur c:emers? that have planned for the future dit;a in 'vaur cnmrnuni- operated frttiuT.t lrasine,111ere 21e T_k rw1(1, fu ad dhiv rare lre will be in the'best position to rye,ce,n=-seer what ch,jogr.L�1n way5 tai;Klequately pnCA&L crec w reel +i traded tlyd#wilt create, recover and provide theirre,5i- land u_we May cr.r0r418};e re;!Lal,, m".l blwn:s while alla5+tvktig For y;reeriffs U V 5 rLnu'rLSCtlrlC(gVPt sp4Co. dent with the Choices they i. aw2n. 1inme based httaiiiesses. In manv;ubdlvigiorts, tl'te only want. 1: Ntid arras,ihar can be + Sre That ttrrtinwitt_y Plan opal qmt L-;,atv: --Idt i�ver° Wendy G ty,AICP. se orerd itr tt�aii;✓ie,.�le,t}i!v l`lus rrtcovtarge the provision a:;f Sri- pieces;of land.The--iLmcgic is paincipal of can:help redrtce con5irtrataori xii:t:s to_suppori dic nrigJrlxrtlii!d, acquisiticm cat borita'11a45 elm LM. Wendy Grey Land and artet'iy'rn4tn r r luture Il it rs desirahic,To voL4 3urag cale �a,rirai a'tt tl open spice that Use plwmittgUC. development_ if your code older rc.mdents to retire,and stimy+ Yomts a greenway Lpr ncighhor— Prior to establishing requtres r rninimiitti 11olitie'si , in pltt4a=,cv,aluate whetlllerYour ht rid park to enEirm the neigh- her own firm in perhaps chat mquirernent can be codes allow tiscs t.hzii will sup- borhou.i,rluANy of lite. 2W4 Gay spent 2tlyears in the eliminated or:modtlted Le pri,- port Lhat ft4pul iLtan_Are there 6 Ehniinare b arrjtir-3 to rode- public sector dealing with vide more flexihii ii% l ligiref pLnris to praTr de the necessaiy vriopinent_ Consider adopn ag, de-velopment and gMwrh issues in density,cmi ajko help promote -wivic�s and i tifnm,rrut rare (e_g-, totals that will allow for reinvest Florida,including 10 years as the uge 0f trarLsit- is thcrc adtg1low sireet li}?hung meat in existing properties. Planning Director for Tallahassee 2.ARrnr grariny flat_s or and siguagv)I Dn yo u A[cL%s for This inighI include more relaxed- and Leon County. accessary irinrts.Tl1tse units mating hnTnes and r15srstatl lk' approaches to non-conforming ca n support extended iaaulies ing tacihtics?T tw5 your trans- uses or techniques to allow the or brute a rentabIr spate for portation plan W.dTeSS the redevelopment of properties ha mea +arners. mobility needs of senior that are constrained by current couples is energy efficiency. variety of housing types According to the Builder/Ameri- designed for different buyer seg- Taking a Closer can Lives study,any where from meats.Smaller,greener options Look Reprint Sets 80 to 95 percent of respondents are likely to grow in popularity now see energy-saving HVAC as are infill housing options. Housing: Opening the Door . systems,windows,lighting,and Even in the suburbs,watka- Taking a Closer Look water fixtures as"very impor- bility and a greater variety of Many communities are I tant"or"essential" to their housing products will likely struggling to provide the „t their th i f h kinds o housing e aw homes. became the norm.One thing all kin This makes one thing cer- the surveys make clear: the old residents need and can afford. i tain:the market for green ener- one-size-Fits-all model no longer How do we meet diverse gy-efficient homes is going to works.♦ housing needs?How can I grow.What is more,a majority —I Edward T. planners best deal with ' + of those polled said they would McMahon is a controversial housing `#7 be willing to pay between Senior Resident developments?These articles $2,000 and$5,000 more to Fellow at the will help you to better include an energy-saving feature Urban Land understand and plan for in their home,so long as they Institute.He has challenging housing-related issues.For the could recoup their investment also authored more than 20 articles detailed contents and to order,go to:www.pcj.typepad.com in a few years. for the Planning Commissioners (right hand sidebar). The current recession is a journal. The above is excerpted This is just one of our attractively bound Taking a Closer time to rethink growth and to from McMahon's"How Will redesign housing to meet the Look reprint collections.Other sets include:Basic Planning gn g Housing Evolve,"in the Nov./Dec. Tools;Ethics; Planning Law;Transportation;Downtowns; diverse needs of America's grow- 2009 issue of Urban Lund. Smart Growth;and Design&Aesthetics. ing population.In the future, there is likely to be a greater PLANNING COMMISSIONERS JOURNAL / NUMBER 78 / SPRING 2010 PLANNING LAW PRIMER No Certification,, No Money: THE REVIVAL OF CIVIL RIGHTS OBLIGATIONS IN HUD FUNDING PROGRAMS Editor's Note: This short article provides an by Michael Allen,Esq. choice within their jurisdictions, and "early warning"alert on an important housing outline appropriate actions to overcome issue that may well affect your community. those impediments. HUD also requires 1 hope you'll plow through the acronyms and recipients to maintain records support- same of the legal background, as it's a topic ing the analysis and the actions taken to worth becoming familiar with. overcome imp ediments. inee the late 1960s, states and HUD requires state and local govern- municipalities receiving federal ments to use their Als to list impedi- housing and community devel- ments experienced by members of all opment funds—under the Community seven protected classes,s whether caused Development Block Grant (CDBG), by intentional discrimination or by poli- HOME Investment Partnership (HOME), cies and practices that have a harsher and similar programs — have been in reviving civil rights enforcement. effect on members of a protected class required to certify that they will comply Under emerging HUD guidelines and a than on those not in a protected class. with federal civil right laws. Many have stepped-up agency enforcement policy, Recipients, in their Al, must make an done so without understanding what is recipients of federal housing funds will honest assessment of their own zoning, required by these certifications, assum- be required to take a hard look at imped- land use, building, and other ordinances ing that the U.S. Department of Housing iments to fair housing choice in their that may decrease housing choice, and and Urban Development (HUD) would jurisdictions and propose robust actions must design approaches that will coun- not challenge their validity. to overcome them. teract those negative effects.An Al is also Until recently, this assumption was This new environment will have a required to look at impediments caused Iargely correct,as HUD rarely questioned dramatic impact on communities across by private sector actors, including steer- recipients on these issues and virtually the country, whether they are one of the ing in the sales and rental markets, dis- never terminated or threatened to termi- 1200+ "entitlement jurisdictions" receive criminatory lending practices, insurance nate funding. HUD simply did not press ing federal funds directly from HUD, or redlining,and similar practices. recipients to comply with their civil small cities or rural counties whose fed- While recipients are encouraged to rights fair housing certifications. Conse- eral funds are channeled through a state provide affordable housing, HUD makes quently, from 1995 through 2009, hun- community development agency. clear that doing so does not fully satisfy dreds of recipients bowed to NIMBY Civil Rights the obligation to affirmatively further fair pressures,' ignored their certifications, To be eligible for CDBG and related housing, where the focus is on eliminat- and spent billions of dollars in federal funds, state and local governments must ing discrimination on the basis of pro- funds to segregate affordable housing by certify that they will comply with a range tected class and expanding housing placing most of it in already disadvan- of federal civil rights laws' and "affir- opportunity regardless of income. taged neighborhoods or communities. matively further fair housing." Since at Westchester County Goes Astray In just the past year,however, this sit- least 1995, this last obligation, some- Westchester County ignored HUD uation has begun to rapidly change— the times referred to as "AFFH,"has required regulations and guidance. County offi- result of a ground-breaking lawsuit recipients to conduct an Analysis of cials had Census and other data showing against Westchester County,New York'-- Impediments(Al),in which they identify that cities,towns,and villages in Westch- and the Obama Administration's interest and analyze impediments to fair housing ester were dramatically segregated,' and 1 See,e.g.,Michael Allen, `Why Not in Our Back 3 Because a significant portion of funds made avail- 4 These include,but are not limited to,Title Vl of the Yard?"PQ 945(Winter 2002). able to communities through the American Recovery Civil Rights Act of 1964; the Rehabilitation Act of 2 United States a ref.Anti-Discrimination Center v. and Reinvestment Act of 2009 (ARRA) are pro- 1973;the Age Discrimination Act of 1975;the Fair Westchester County,New York,Case No.06-cv-2860, grammed through the CDBG program,even"non- Housing Act;and Section 109 of the Housing and U.S. District Court for the Southern District of New entitlement"jurisdictions and those that have never Community Development Act of 1974. York(settled to August 2009). Pleadings,legal mem- applied for funds from state CDBG or HOME pools 5 The Fair Housing Act prohibits discrimination on oranda,court decisions,and other materials on the will likely have to sign civil rights certifications prior the basis of race,color,religion,national origin,sex, case are available auv,ww.antibiaslaw.com/wlc to receiving ARRA funds, familial status,and disability. People protected by PLANNING COMMISSIONFRS JOURNAL / NUMBER 76 / SPRING 2010 _ knew that nearly three-quarters of coun- Within a few weeks of the court's rul- recovery money, in part because its ty-funded affordable housing was being ing, HUD Secretary Shaun Donovan and seven-year old Al did not comply with built in racially-segregated, African- Deputy Secretary Ron Sims were person- federal requirements. American neighborhoods. ally engaged in settlement negotiations • In Illinois, HUD has taken enforce- Despite this the county's Als in 1996, with the county.Those efforts,combined ment action against the City of Joliet 2000,and 2004 made absolutely no men- with a temporary cutoff of funds to the because the city allegedly used its eminent tion of that segregation or of race-based county, culminated in a $62.5 million domain power in a discriminatory fashion impediments to fair housing choice. settlement on August 10,2009,requiring to shut down affordable housing inhabit- Moreover,even though the County's own the county to develop 750 units of ed almost exclusively by low-income, appointed Housing Opportunities Com- affordable housing in the whitest towns African-American single mothers. mission had identified intense opposi- and villages in Westchester, and to affir- What It All.Means for Municipal tion to affordable housing in the whitest matively market them to people of color. Planning communities and the failure of 20 In addition, the settlement requires the Planning professionals and planning municipalities to build a single unit of county to conduct a new AI and to con- commissioners across the country will affordable housing pursuant to the y Sider all fair housing impediments. increasingly b called upon to inform County's affordable housing "allocation Speaking not just to Westchester g y e p plan," the AIs failed to mention these and guide their communities through the impediments. County,but also to the state and munici- HUD-required planning processes. Com- The Anti-Discrimination Center of pal recipients of HUD funds across the munities whose planning departments New York began an investigation of country, Sims noted that the agency and commissions are already immersed would begin to "hold people's feet to the Westchester County's civil rights perfor- s in conversations about addressing local mance in 2005, requesting records to fire" on civil rights certifications. housing issues will have a head start in establish whether the County had truth- Scattering the Seeds of Westchester developing robust AIs. Those with little fully* made certifications of AFFH com- While HUD has announced it will experience in assessing the civil rights pliance. Document discovery in a publish a proposed regulation toughen- impacts of zoning, land use, building, subsequent lawsuit brought under the ing AFFH substantive and procedural and funding functions may have to bring False Claims Act revealed the nearly requirements later this year, the agency in outside consultants to help develop complete absence of supporting records. has already become aQtive in reviewing compliant Als. As the then-County Executive testified at recipients' certifications and perfor- One Al worth taking a look at—espe- his deposition, he never read the AFFH mance. The most notable instances cially for those in small or mid-sized certifications requiring his signature,and involve St. Bernard Parish,Louisiana;the municipalities — is that of the City of "signed whatever the had] to sign to get State of Texas; and the City of Joliet, Illi- Naperville, Illinois (a Chicago suburb), the money from HUD." nois. All three involve litigation or winner of an Illinois APA 2009 Best Prac- On February 24,2009,a federal judge administrative complaints by grassroots tices Award.' concluded that more than 1,000 of the advocates,alleging discrimination on the Planners would also do well — even County's AFFH certifications — those in basis of race or national origin, and the before HUD's new regulations are in the annual applications and those implic- failure to identify and analyze impedi- place—to dust off their copy of the HUD itly made each time the County request- ments experienced by people in those Fair Housing Planning Guide and review ed payment from the federal government based on annual written certifications— protected classes. its roadmap on how to conduct an AL" were false. Finding that HUD's 1995 Fair • In Louisiana, HUD threatened to The Guide includes valuable suggestions Housing Planning Guide' was persuasive withhold hurricane recovery funds to on data sources and community involve- authority, the court instructed the Coun- rebuild a hospital because St. Bernard ment strategies. ty (and other recipients) that the AFFH had adopted a series of racially discrimi- Michael Allen,Esq. is a part- certifications were "not mere boiler- natory ordinances with respect to multi- ner in the civil rights law plate," but were material and substantive family housing. firm,Relman&Dane,PLLC, requirements that are required for receipt • In Texas, HUD rejected the state's which engages in Iitigation of federal Funds. plan to spend $1.7 billion in disaster and consulting throughout the country,principally in the ` these provisions are often colloquially referred to as 8 As reported by Peter Abelbome in The New York areas of fair housing and fair the"protected classes." Times."Integration Faces a New Test in the Suburbs.- lending.Allen was the firnA 6 The County's own data showed that 24 of these (August 22,2009). lead attorney in United States ex rel. Anti- municipalities had African-Amenean populations of 9 Available at: www.planningcommunications. Discrimination Center v Westchester County and 3 percent or less,and that others had block groups com/ai/naperville_ai_2007.pdf or www.naperville. that were almost entirely African-American. it.usl emplibrary•/B oards_and_CommissLonslfhacanaly has a similar role in the State of Texas matter 7 Available at: www.nls.gov/offices/fheo/images/ sisofimpediments.pdf noted in this article. fhpg.pdf 10 See footnote 7 for download location. PLANNING COMMISSIONERS JOURNAL / NUMBER 78 / SPRING 2010 PLANNING PERSPECTIVES Coping with Economic Meltdown by Gwendolyn Hallsmith ou are sitting in a public hear- Systems have certain characteristics, and ih� about the zoning changes by understanding more about how they you have been preparing for the work we gain valuable insights into how past year, fighting a sense of despair and to improve our local economy. futility. More projects have been aban- All local economies tun on four main doned than have been started. Money is sources of energy— money, water, food, tight—at least one of the cancelled pro- and energy itself— oil, gas, solar, wind, jects lost its financing at the last minute. - etc. If you consider the health of your More than ever, it feels as if the title of the capital it needs to succeed. local economy,you need to regularly take "Planning Commissioner" doesn't reflect 5. An over-reliance on export-led the vital signs of these critical flows. Your role—shouldn't planners be able to development can undermine the long- • Do you take steps to prevent money offer a path forward, even through dark term economic health of a community. from flowing out of your local economy? times? More attention needs to be paid to local ` Do you have enough water for all The local economic development needs and markets. Similarly, communi- your needs, or do you need to import it authority has been working as hard as ties that develop local exchange systems from other regions? they can to attract new businesses. They and reduce reliance on the national cur- •Do you produce enough food and spend money, even in the downturn, on rency will also enhance long-term local energy for people and the economy, or trips to distant places to try and find the wealth creation. does most of what you consume come next big new enterprise to bring to town. 6. Companies that are locally owned from distant places? They often return empty-handed. The are much more sensitive to community One way to start to build real local economy elsewhere suffers the same needs and environmental conditions, Wealth is to understand all the outflows, sluggishness as here at home they say. and can lessen a city or town's vulnerabil- and to try and start producing locally Maybe when things pick up they'll have ity to job losses when economic down- whatever you are buying from other better luck. turns occur. places. Gathering the data, identifying Is this search for external investment I£ the solution to your economic the most promising strategies and alter- the best strategy for strengthening the problems can be solved through local natives, setting priorities, all of these local economy? Consider this: action, then perhaps there is more of a activities are exactly what planning com- 1. The vast majority of new jobs are role for planning commissioners than missioners do best. created by small and medium sized you have been taking. If the traditional Gwendolyn Hallsmith is firms,not large employers.' strategy of attracting direct investment Director of Planning&Com- 2. New markets,jobs, capital, tech- from outside the community Ieads to a munity Development for the nology,and economic expansion are gen- dead end, mobilizing local resources for City of Montpelier Vermont. Crated when cities start to produce goods local economic renewal will test the abil- In our Summer issue, Hall- and services that were previously provid- ity of local leaders to create conditions smith will continue with a ed by distant exporters. where new local enterprises can take root Iook at steps communities 3. Start-up, innovative, entrepreneur- and succeed. It requires tenacity, flexibil- can take to put together a ial enterprises are on the increase in the ity, open-mindedness, and a willingness Iocal economic development plan. 21st Century, while the large manufac- to take risks and try new things. It also turers that dominated the economies of requires understanding some basic 1 The first study that documented this Fact was David the 19th and 20th Centuries are declin- points about economics. Birch's TheJoh Generation Prmess(M.I.T.Program on ing. How do you build real wealth? How Neighborhood and Regional Change,1979).This was 4. Local long-term wealth creation does the local economic system work? followed by-Tracking Job Growth in Private Indus- try,"by Richard Greene of the Bureau of tabor Stans- and economic security are dependent on Are there policies and practices you can acs,published in the September 1982 Monthly Labor local ownership of productive capacity; introduce as a leader that will either fos- Review (available online at: www.bls.gov/ simply receiving wages for employment ter wealth creation or block it? The term opub/m1r/1982109/artlexc1tm).For readers interest- ed in learning more about the importance of local while the profits are exported to distant "economic system" is used so frequently economies,please take a look at Jane Jacobs'land- corporate centers robs the local economy that we often lose sight of its meaning. mark book,Cities and the Wealth of Nations. PLANNING COMMISSIONERS JOURNAL / NUMBER 78 / SPRING 2010 PLANNING PERSPECTIVES Stop, Look, Loiter by Dave Stauffer s€ of the word `loitering' is 1. Weather and climate. How people way traffic on one lane with new diagonal usually pejorative. The Merriam- Cope-or, more importantly,are unable to parking where the other lane had been. Webster dictionary says loitering cope—with the weather and sun can ben- 3. The stroller's experience. Seemingly is "to remain in an area for no obvious eficially inform such code requirements as minor details can be important.By taking reason." Wikipedia says it means "to those dealing with maximum permitted the time, for example, to observe how stand idly, to stop numerous times, or to building height and setbacks, landscap- people use the sidewalks downtown, you delay and procrastinate." ing, and the composition and design of may gain a better feel for the dynamics of So it would seem that the person who streets. how people experience and interact with loiters isn't industrious, nor accomplish- their immediate environment. Are sidewalks wide enough that pedes- ing anything of benefit to him or herself, trians aren't running into each other like let alone contributing to the common good. Dr. Suess's north and south-going Zax? 1 contend that the pejorative sense of Obstructions such as benches,bike racks, loitering isn't always accurate; that, in PROM.F-Akl'� merchandise display racks, planters, and fact, loitering done in a way I describe street lights can be a good thing — if below—by planning commissioners, no they're used, provide visual variety, and less—can benefit the person doing the loi- aren't continually being run into by tering and the community. This can hap- passersby. The goal for planners is a street pen when loitering is defined as careful But the loiterer need not be concerned scene that imparts a feeling of energy observation, specifically, of people inter- immediately with these matters.He or she but stops short of being chaotic. acting with the built environment. does better by simply observing—noting, The practical value of loitering for The modern pioneer of this activity for example, that those walking on a win- commissioners consists largely of helping was William H. (Holly)Whyte,who from ter's morning on the east side of north- us to see daily outdoor life in new ways. 1969 till his death in 1999 used detailed south streets are having trouble with icy And although this activity won't often visual analysis to learn how people actual- patches. Or that a gutter along the spur new law or regulation,such an out- ly use public spaces. His studies revealed, exposed side of a corner building with come isn't out of the question. for example, that people will create their zero side setback can't handle runoff dur- In my city, for example, it was a com- own paths between two points,if the con- ing a downpour. missioner's mid-winter loitering that strutted path is found wanting in any way. 2. Getting around. If you regularly read contributed to an amended rule requiring They'll find their own ways to follow the the PQ, you need no introduction to merchants to keep sidewalks clear of sun in winter and avoid it in summer. the intensifying conflicts between those snow,not just for the length of their street They'll find ways to be observed when driving cars versus those riding bicycles, frontage, but also extending to cross they seek attention and be inconspicuous or between almost any two ather means of streets for shops on corner lots. when they don't.` conveyance. The observant loiterer who Results like these could give loitering a For newly appointed commissioners, locates at a busy intersection during rush good name. loitering can be a revelation and a great hour or at midday will get a good educa- Dave Stauffer is a freelance introduction to serving on the commis- tion (and possibly learn some new four- writer and chairman of the sion.For veteran commissioners,loitering letter words). Yellowstone Business Part- offers a way to stay (literally) grounded. Less dramatically,but likely more pro- nership. He is also a former — For all commissioners, there are benefits duetively, the loiterer may have an experi- city planner,planning com- to taking the time to slow down and ence that prompts the thought — as mission chair, and city coun- observe for yourself whether people living happened in my town— to change traffic cil member in his home town and working in your community are patterns at a high-conflict location. This of Red Lodge,Montana. enjoying or having problems with their insight by one of our planning commis- surroundings. sioners ultimately led to the city taking What might be learned by loitering? steps to change an awkward half-block from his s William-The Social Whyte,including a short aces" f ]Lice of Small Urban Spaces" A good many observations can be classi- long diagonal street bisecting our arts dis- video.is posted on the PlannersWch at:www plan- fied under a few broad headings: trict from two-way vehicle traffic to one- nersweh.condwhyte.html. PLANNING COMMISSIONERS JOURNAL / [NUMBER 78 / SPRING 2010 OUR CURRENT Complete Streets Resources Q u l C f:. ACCESS am -7N f 5 S U E TIe folowN rest more can be used m sapp4ment what Hmuh Thadded �C'M access ir® aAm tau : - `nSui�'�""`'' order & renew PCJ the Surmnv 2u091ssue of IM MamirrE twrmKSbrrers JwnuL f�1 I�It��IprS�ur_ subscriptions and the cogdo r of groups workhry In support of complete streets. - meCwuth -Sammi tnksaaee. fk�-�.Xfthu!tyn Wtm, other publications, s a'.1 te.elrr see a cotnpirle street In action: I Ninth Avenue Coarphta street in New York Ctty u®tlanthtr!aarrsat r As noted In Marvell Twadrlells amide.the Ninth Avenue protect in the middle °L1 artwt.s of Marilattall shows fttroom for anipfete streets an be made even In the -swarth artwtr a ne heart of a very dense urban center. 10%wid fie oovef story for tf+e 1. bdrL0Lv_;L 1Ttg 7 0 �PSif weL provide Au numerous tips on how to -..: -, " Video content deal with contentious public hearinp.Youll oho read a,• `lieu. ��C,ldd�t 11101A an m�ovativep�lnng - -A"IfadYtL4 411111 including short process VAt foaled on s z _ planning-related faraiwil preservation Frizt+lt L4Y_ttnic; SluK. videos every Friday. CATEQQ It[ES j �Wliat's New at the PC.J &ambicturs `- iantrt r'e.+urG Ii urban Bdw RiiliiicI catrt;na�a i:r+. fIaQ�I Cities at Tmvm t Gutre n Tr ends t C ikE=ttsitLrls r. Earmalair aa. €Q.eIE+LB ••rhtw2 minute video.NHnth Avererp Gets#Wysfr*Separated Bikn WIe t{ Environment LUZ by Clareme Edterson.Jr.an October 3.M7.from StneetfAmsorg. FwmaFeed FridaX ••View,QdL0nMM4 ➢Ella(;orenrfewofprotea 9� Td 1L4 Ji!'w midiag f read NYC Gets Its FIrs4Erref PlInkalh,5eoarated Blke path on Histaft Str-bb°li'0rit Also Available: y, deg a Sites for-. M&LyY --gds eryantcadon,n ranjtmction with the Rational complete streets Coatltim t Free on[i n guides. i� � offers workshop an rstrn Im streets.For mere information. •- a-` tonne Vk Transport PolicyInstidue,TDMEncr4mic": Public Mdhw 1 THIS ta0s'rm . PIarI n9 ne •-for those not familiar with It,tiro vlcmrlt transport Policy Mtlhte's 7Dht S p c C 1 A i_ remtfl($Aj0r1 S Enroopedia Is probe*the shrgle bestaftie resoleca covertrrg a broad range Politics gab of transportation topics. 0 p E A � 1c ��t�aly specials. Potpourri emit �! Ow-h for uw r nt ld Pv is geal h Qual -•the AARP web site k4ides artrdes an mntplete streets fled by state►MV ir,erfYL2!�u. uw f*h chapters.that are useful be dlsaminig tiro benefits of ranplete streets for older ZXH fsld tKI savinps. Smart Srwdi Mumb mkk!nts(march on their web site usny-mrptete streets'). � NadorW Centel for 61r11ng 11 Wrdldne � •lndrrdm information on oornplale streets and related topics. R{#t5 V R C E Resources to Tranoortaflon P A 5 F S RECENT P a the Iurlswt supplement the PCJ. 7mio� s T Where's Art in Our Communities? FrrroWcE4m esroreeca -- -- That's the question Ric Stephens posed in the Fa I ss a of he Plenr,h� li iwrt s (download a free odf or Sraelere'short evades, aktL +inAtlshrd:a the Follow our blog piannplq t:onunib JCUrnW: TO start off whet ere hope will be a grewlrrg list of nserlrrae: Ifs for Irschnimersr A awnprehmshe web site with a We ravage of MM ftMWbVLVW postings on planning Mae TTta a resptrpas on low the arts can relate to armemlty bultling.The site Is a =WV ale Tao 1D Ctn.e Youll&N ptoiect of lit N the Public Inberest,a noopcotit•proviciin4 Information and CwAu nilttn & land Use Issues. � resomaes In support of art Bet Is aAtrerasy engaged and serving rorreuesulties' Wkwi i stifi Tee to Vete in Gin '•t?MI&K •A nonprofltwbom mlsslon'is to mate,foster,and preserve morch Poll on glill affordable space for artists and arts wyaniutions.'For Twlthr users.Artspam else t Tmdlno iVhtlr OriNrse is gWbi acfte S rim be feud at- ..Orton Fmsdiy Foundation.This nonix fithas Inhgrated art Into several mrmunity ptamng efforts.Take a look at lie first video below that desvlbes {a mt 7raile flare of their work In stwksbore,Vermont. ARTICLE 5 O Y Easily locate, order, Vietuabit kLE"t'wY4R�F mfolft In ki-S. & download articles Theme published in the PCJ. d0110 us ON ,v RECEIVE EMAIL UPDATES t f r Join us on Facebooh, RK@hy one to Ma enacts a month-ith helpful t' _ CONNECT W 1 T il Linhediny and Twitter. Wormadonabout:our °': OUR E¢ITDR S mundrly specials;updates on -Our Dtop reports;and itl fit "`1JRMd Lj.. .-. surmranes of the rmtent of - -