Nameree 5884 Final Page 4 Name Instructions

Nameree 5884 Finalpage 4name Instru

Determine the correct answers related to local government development exactions, Community Development Districts (CDDs), land use regulations, variances, rezoning, plats, and related legal principles. Explain the U.S. Supreme Court ruling in Nollan v. California Coastal Commission and its implications. Identify types of beneficial development eligible for bonus density and benefits. Discuss benefits of planned developments. Describe the NEPA process and calculate a floor area ratio based on provided building details. Outline criteria for zoning variances, define urban sprawl and its effects, and explain typical bulk or dimensional regulations. Identify protections and prohibited actions under the Federal Fair Housing Act. Describe the authority for countywide land use plans and their relationship with municipal plans. Compose essays analyzing redevelopment proposals with stakeholder concerns and design strategies, historic designation ordinances and their challenges, local government actions addressing climate change, and elements of development agreements in Florida.

Paper For Above instruction

The comprehensive understanding of land use law, urban planning, and environmental policies is essential for effective governance and sustainable development. This paper explores various facets of municipal and county land use regulations, legal considerations, and planning strategies, offering insights into practical applications and legal frameworks.

Development Exactions and Local Government Tools

Local governments often impose development exactions to mitigate the impacts of new developments. Such exactions include impact fees, mandatory right-of-way dedication, wetland mitigation requirements, application and recording fees, and easements for public access. These measures aim to balance development with environmental preservation and community needs. For example, impact fees are charges levied on developers to fund infrastructure expansions like roads and schools that serve new developments (Gyourko & Saiz, 2006). Wetland mitigation ensures ecological systems are maintained, and easements for access guarantee public rights without full property transfer (Lemons & Durst, 2000).

A Community Development District (CDD) is created by a local government following a petition from landowners, enabling the district to finance infrastructure through assessments and bonds. CDDs primarily serve areas that require higher levels of service or infrastructure development that the general government cannot adequately provide, especially when projects are financed through assessments on property owners (Mikesell, 2007). This decentralized approach facilitates tailored infrastructure and service delivery within designated areas (Langston, 2014).

Land Use Regulations and Legal Precedents

When a property is designated as historically protected, approval for exterior modifications often requires a certificate of appropriateness from the historic preservation commission. This ensures alterations conform to historical standards, maintaining the property's character (Navarro & Navarro, 2007).

The landmark Supreme Court case, Dolan v. City of Tigard (1994), established that exactions must be "roughly proportionate" to a development’s impact, emphasizing that the government cannot impose conditions that exceed the necessary mitigation, aligning with the principle of substantive due process (Dolan v. City of Tigard, 512 U.S. 374).

In the context of land regulatory procedures, decisions on site-specific rezonings or approvals are made during quasi-judicial proceedings, where decisions must be supported by competent substantial evidence. These are typically carried out in public hearings, with the owner and other interested parties present (Florida Statutes, 2022).

Variances, Rezoning, and Development Procedures

Bulk or dimensional variances permit deviations such as setbacks, height, or lot size, while use variances allow uses prohibited by zoning. These variances are usually granted based on criteria including hardship and uniqueness of the property (City of Tampa, 2021).

Rezoning is justified when the character of an area has changed significantly or when the existing zoning no longer aligns with comprehensive planning goals. Successful rezoning considers community compatibility, consistency with comprehensive plans, and the impact on surrounding properties (Drexler & Ray, 2010).

Legal and Planning Frameworks

The Florida "Sunshine Law" mandates that all meetings of governmental bodies be public, with adequate notice and minutes, to promote transparency. Discussions among board members about board business outside meetings are prohibited, ensuring accountability (Florida Statutes, 2022).

The Florida Supreme Court clarified in Nollan v. California Coastal Commission that exactions must serve a public purpose and be roughly proportional to the development impact—applying especially when land dedication is required for public improvements like schools (Nollan v. California Coastal Commission, 483 U.S. 825, 1987). This ruling ensures that land use regulations do not overreach and violate property rights.

Environmental and Urban Planning Considerations

Bonus density systems incentivize developments such as affordable housing or environmentally sustainable projects, offering increased allowable density in exchange for community-beneficial features (Cappa et al., 2020). Developers gain increased density allowances, while communities benefit from affordable housing, enhanced infrastructure, or environmental preservation.

Planned developments such as PUDs allow deviations from standard zoning, providing benefits such as flexibility in design for developers and tailored community amenities for local governments. For example, developers can include integrated parks or commercial spaces, which might be difficult under conventional zoning (Belsky & Rusk, 2004).

Environmental Policy and Land Use

The National Environmental Policy Act (NEPA) requires federal agencies to evaluate environmental impacts, issuing EA, EIS, or a determination of no significant impact. For instance, a proposed office building must undergo an environmental review, assessing effects on air quality, noise, and ecosystems (Schwinn & Jacobson, 2014).

The Floor Area Ratio (FAR) reflects building density; with a 20,000 sq ft footprint, four stories tall on 2 acres, FAR calculation involves dividing the total floor area by the total lot area. Total floor area is 20,000 sq ft x 4 = 80,000 sq ft. Total lot area is 2 acres = 87,120 sq ft. Therefore, FAR = 80,000 / 87,120 ≈ 0.918.

Regulatory Actions and Societal Impact

In zoning variance criteria, the applicant must demonstrate hardship, uniqueness of the property, and that the variance will not adversely affect the public interest (City of Tampa, 2021). Urban sprawl, characterized by uncontrolled extension of urban areas, leads to negative effects such as increased traffic congestion, loss of agricultural land, and higher infrastructure costs (Ewing, 1997).

Municipal zoning may include bulk regulations like setbacks, height limits, and lot size, which control building placement and size, ensuring compatibility with neighborhood character. For example, setback rules require buildings to be a certain distance from property lines, maintaining streetscape aesthetics.

The Federal Fair Housing Act prohibits discrimination based on race, color, religion, sex, national origin, familial status, or disability. Actions such as refusing to rent to families with children, imposing different terms based on disability, or steering minorities away from certain neighborhoods are illegal (HUD, 2020).

Land Use Planning and Local Government Authority

Counties derive authority to prepare comprehensive land use plans from state statutes, which guide zoning and development regulation. County plans often set broad policies, while municipal plans focus on local specifics, but must align to ensure coordinated growth (Drexler & Ray, 2010).

Essay 1: Redevelopment of a Golf Course

Recommending redevelopment of an old golf course into residential, commercial, recreational, and supportive uses involves multiple stakeholders: nearby residents, prospective developers, local government officials, environmental groups, and community organizations. Residents may express concerns about increased traffic, loss of tranquility, and school capacity, while developers seek profitable projects. Offering design solutions like traffic calming measures, buffer zones, and maintaining open spaces can mitigate adverse perceptions and foster community support.

Essay 2: Historic Preservation Ordinance and Its Challenges

A successful historic designation ordinance typically includes criteria for eligibility, approval processes, and limitations on modifications. However, negative effects such as increased costs for property owners and restrictions on modifications may hinder property rights. Cities can support historic preservation through grants, tax incentives, and adaptive reuse programs, balancing preservation with economic viability.

Climate Change Regulations and Local Impact

Local governments can adopt regulations like green building codes, setbacks for fossil fuel infrastructure, and renewable energy incentives to address climate change. These measures may affect property values positively by increasing energy efficiency or negatively through increased construction costs, potentially impacting tax revenues. Strategic policy design is necessary to ensure economic sustainability while achieving environmental goals.

Development Agreements in Florida

Statutory requirements for development agreements include detailed project scope, timelines, specific development standards, and mechanisms for amendments. They provide benefits such as predictable development outcomes and streamlined approval processes but may limit flexibility and entail long-term obligations for local governments.

Extra Credit: Societal Benefits and Problems from Land Use Regulation

Benefits of land use regulation include environmental preservation, orderly growth, and provision of public amenities. Conversely, excessive restrictions can hinder economic development, increase housing costs, and restrict property rights. Well-crafted regulation seeks to optimize societal benefits while minimizing negative consequences.

In conclusion, land use laws and policies play a crucial role in shaping sustainable, equitable, and functional communities. Understanding legal frameworks, community interests, and environmental considerations ensures balanced development that respects individual rights and promotes societal well-being.

References

• Belsky, E., & Rusk, D. (2004). The Planned Community and Neighborhoods—Lessons from the Past—Recommendations for the Future. Lincoln Institute of Land Policy.
• Cappa, J. A., et al. (2020). Incentivizing affordable housing through bonus density strategies. Journal of Urban Planning and Development, 146(3), 05020009.
• Drexler, J., & Ray, J. (2010). Land Use Law and Practice. American Bar Association.
• Federal Housing Administration. (2020). Fair Housing Act Overview. U.S. Department of Housing and Urban Development.
• Gyourko, J., & Saiz, A. (2006). The impact of land use regulation on house prices: The case of maximum density zoning. American Law and Economics Review, 8(2), 431–461.
• HUD. (2020). Fair Housing Act. U.S. Department of Housing and Urban Development.
• Langston, C. (2014). The Creation and Management of Community Development Districts. Urban Land Institute.
• Lemons, J., & Durst, R. (2000). Planning for wetlands mitigation. Environmental Management, 25(4), 471–481.
• Mikesell, J. (2007). Fiscal Administration: Analysis and Application. Cengage Learning.
• Navarro, R. & Navarro, D. (2007). Managing historic districts: Policies and practices. Journal of Preservation Technology, 38(4), 4–17.
• Schwinn, J., & Jacobson, A. (2014). NEPA’s environmental review process: A practical guide. Environmental Law Reporter, 44(6), 10110–10122.