Food

Health Problems that diet can minimize
cancer
heart disease
adult and child diabetes
us has the highest obesity rate of any industrialized nations
exercise-sprawl + obesity

Omnivore's Dilemma
What to eat for dinner?

• The Industrial Agriculture, corn and meat heavy diet
• The Industrial Organic diet (whole foods, earthscan)
• The locally grown organic diet

The Local Food Movement: How and Why

• Number of Farmer's Markets
• 1755 in 1994
• 4,385 in 2006 source USDA
• Number of Community Supported Agricultures
• 50 in 1990
• 1,000+ in 2008
• Organics increasing in sales at 20% a year
• Wegmans, Whole Foods, Wild Oats
  

Malthus
predicted that pop would outstrip food supplies
food output increased WOOT WOOT
but increases in crop yields leveled off
overfishing is a major problem

Fish
save them with no fish zones

Moving on to Farmland and SHit

Conservation Reserve Program
36 million acres of highly erodible soils taken out of production
Conservation Compliance--Soil Conservation Plans reqired for highly erodible soils or no fed farm programs.

Water
Irrigation--salinization of soils and oerdrat of groundwater (Ogallala Aquifer)- use drip irrigation
In 1996, American farmers irrigated more than 53.3 million acres
Between 1982-1997, the amout of irrigated famrland in the Western states delined by 1.5 million acres, suggesting that cities and water districts are buyin up water rights from farmers
drought

fertilizers and pesticides

1996 Food Quality Protection Act set "acceptable risk" levels of chemical residues in food.

us exports about 50 billion a year but imports 38 billion

what are we exporting? corn, wheat, soybeans, rice. About one out of every four acres grown in the US groes to the export market

what are we importing? Apples, fruits, berries, some meat, fish, wine, beer, scotch, coffee, bananas

Geneticaly Modified Food
Pros: les fertilizer and pesticide, Increased production BGH
Cons: Long term effects uncertain, consumers don't know what they are eating,, europeans wont import our genetically modified grains

sewer sludge

limits to growing food

• competition of land between farmers and developers--2 million acres a year converted to no-farm uses, of which about 600,000 acres are prime farmlands
• Urban edge ag 35% of US food production but most of nation's fruits veggies and milk
• imported foods grown with DDT and other pesticides banned in US

if you are spending more than $10,000/acre on farmland, it is too much.

5 Challenges for Agricultural Land Preservation

1. Profitability
   
2. Safe and environmentally sound management
3. passing the ranch down
   
4. resisting to sell the land for development
5. protect land from conflicting uses and conversion to famr devleopment

Impermanence syndrome: Farmers stop caring for their land because they think it is going to be bought by a developer. This is an indicator of an unstable agricultural land market.

Federal Planning for Farmland
No federal policy on the preservation of farmland
Farmland Protection Policy Act 1981

• federal agencies should avoid projects that would convert prime farmland
  
• does not give private citizens any authority to oppose federal projects
• federal gov can convert land with impunity

Farmland Proection Program (1996)

• $ for states for conservation easements

Farm Bill 2002

• 985 million over 10 years
• state and local government apply to the National Resource Conservation Service (NRCS)

Federal Soil Management Programs
1985 Farm Bill (HUGE SUCCESS)
3 path breaking provisions for soil conservation

• Required owners of 120 acres of highly erodable lands to draft plans for conseration
• Sodbuster clause: if you plow highly erodable soils you will not recieve your federal subsidies
• Conservation Reserve Program: pays farmers not to work on that soil for 10-15 years
• managed by the Farm Service Agency of the FDA

Conservation Reserve Enhancement Program

• pays farmers to plant in former cropland and restore wetlands.

Environmental Quality Incentives Program (EQIP)
1996 Farm bill
Financial, technical, and educational help for land owners to install filter strips, tree buffers, and management plans to address soil erosion and water quality problems

Water Management (Fed)
Wetlands Reserve Program (1990 Farm Bill)
3 Volunteer Strategies
1. Cost-sharing Agreements, gov pays 75 % to restor wetlands
2. Purchase of 30 year term easements @ 75% of easement cost
3. Purchase of easements in prerpetuity with federal gov paying 100% of wetlands restoration

Federal Rangeland Management
Bureau Land Management--> manages the range land under multiple use, sustainable yeild
criticized for favoring livestock subsidizing these industries

State Farmalnd Programs

• Plannig tools awarded to state
• Purchase development rights
• Transfer of development rights
• preferred property taxing
• right to farm lands
  

cosumnes

Environmental Planning: WILDERNESS & WILDLIFE

Wilderness

• settling in america was about conquering wilderness
• Mckibben: The End of Nature
• Legislated Wilderness: ADKs

Conservation vs. Preservation

• Pinchot vs. Muir
• Sustainable use vs. no productive use
• 1897 Forest Conservation Act vs Sierra Club
• Leopold
• Thoreau: rode the middle

Federal Government and Wilderness

• Fed owns 600 million of 2.2 acres
• Main agencies: Forest Service, Bureau of Land Management, Bureau of Reclamation, National Park Service, Fish and Wildlife Service.
• Federal GOv owns more than half of Alsaska, Arizona....
• Started as a utilitarian view: landscapes are aluable if properly managed
• national forest act 1905
• national parks 1916
• now government takes a stewardship role more often

Wilderness and National Forests

Wildlife Habitat

• The united States has more than 200000 native species of plants and animals about ten percent of the world's known species, and contains 21 of the worlds 28 different types of ecosystems.
• About 7 percent of America's native species are in critical condition, 8 percent endangered, and 16 percent vulnerable.
• Most of the nation's ecosystems have suffered a loss of three-quarters of their original system.

9 causes of wildlife loss

1. land conversion to suburbia
2. land degradation: soil erosion, overgrazing
3. freshwater shortages
4. dams, diversions, and water withdrawals
5. invasive species
6. over-harvesting and poaching
7. climate change global warming
8. ozone depletion
   
9. pollution

Strengths

• There still is considerable intact land out there
• funding for land preservation
• support from public, sports groups, private land trusts
• landowners who love their land

Weaknesses

• lack of cooperation among local governments
• lack of watershed planning (boundary issues)
• impaired waters (over 40% are impaired)
  
• the rush to the ex-urbs, beyond the suburbs
• pressure on wildlife

Opportunities

• Public-private partnerships
• funding/incentives
• infrastructure investment for more compact development
• regulation
• design

Continued Threats

• fragmentation of land holdings, eurban development
• run up in land values
• loss of wildlife habitat
• water pollution from on-site septics, urban stormwater runoff, suburban lawns, and agricultural run-off
• economic downturn

Landscape Ecology

• How multiple ecosystems fit together in a regional landscape of human and natural systems.
• the patch size and shape are important for dtermining what kinds of species are able to live there
• a critical mass is the minimum land or water area needed to support a healthy number of species and species types
• resilience is likely to be greater where there is a critical mass of plant and animal species.
• mammal species need a population of about 500 to remain genetically healthy (CRITICAL MASS)

Biodiversity

• A measure combining the variety of plant and animal species, the populations of each species, the interaction among those species, and the overall health of an ecosystem.
• High biodiversity creates very productive environments that generate substantial environemtnal services: climate moderation, nutrient recycling, water purification, and recharge, oxygen production, and assimilation of waste and pollutants.
• Example: Dutch Lime Disease

Loss of Biodiversity

• Habitat destruction (filling wetlands, plowing, overgrazing, or paving grasslands, fragmenting habitat and migration routes with roads, and siting sprawled and scattered development
• hunting
• qualitative changes that degrade habitat such as the transition from a forest to a tree farm
• the innovation of non-native plants, insects diseases and animals.

Planning for wildlife

• make a core wildlife area
• create buffer zones around it (with distance and allowable use)

Habitat Loss

• The larger the size of undeveloped tracts, the less human intrusion is likely to conflict with wildlife
• The development of roads, houses, and commercial areas fragments wildlife habitat into smaller and often unsustainable areas
• roadkill.

Bioregionalism

• a bioregion is a distinct collection of plant and animal ecosystems that function in certain ways and have particular needs for survival. A bioregion may consist of up to several local ecosystems with differing types and amounts of plants and animals.
• the concept of bioregionalism is the protection of native plant and animal species from non-native species, and maintaining native habitat in the face of development pressures.
• like an eco system but at a larger scale (based on temp, percipitation, watersheds, microclimates and something else).

Exotics and Invaders

• the Kudzu vine in the south arrived in the 1940s and has igorously proliferated
• In the 1990s, the zebra mussels in the great lakes
• There are 7,000 invasive species already here. COST 130BILLION a year.

Habitat Protection Strategies

• Concentrate habitat and species protection efforts on "hot sports" where there are large numbers of plant and animal species
• California and Hawaii have the greatest diversity of plants and animals of all the states, and the largest number of threatened and endangered species.

The SLOSS Debate

• Preserve a single large habitat area or,
  
• preserve several small areas
• pros: large is good
• cons: how do you get everywhere?

Endangered Species Act

• Habitat Conservation Plans WILL BE ON THE EXAM

The Federal Endangered Species Act of 1973

• endangered: endanger of extinction throughout all or significant portion of its habitat range
• Plant and animal species worldwide are becoming extinct at the fasts rate since the dinosaurs of 65 million years ago. Over the last 100 years, some 70 vertebrate and 200 plant species have become extinct in North America
• Threatened and endangered species "are of esthetic, ecological, educational, historical, recreational and scientificvalue to the Nation and its people."
• Soecies such as frogs and salamanders act as "indicator species" of the health of local and regional ecosystems not just for wildlife, but for humans as well.

ESA II

• The ESA applies to all land in the US and an estimate 70% of threatened and endangered species live on private land
• The ESA prohibits any willful "taking" of threatened or killing endangered species: i.e. killing, hunting, harming, capturing, collecting, or destroying its habitat.
• For violations of the ESA, fines and up to 12 months in jail. Any citizen may file suit against any person, business, or agency for violations of the ESA.

ESA III

• USFWS and the National Marine Fisheries Services administer the ESA
• identify plants and animals that are threatened or endangered with extinction, and ensure that private and government actions do not harm these species.
• The agencies draft and implement "RECOVERY PLANS" to enable a threatened or endangered species to recover to a sustainable population. The Fisha nd Wildlife Service may also re-introduce spcies into former habitat e.g. wolves into Yellowstone National Park in 1990s.
• The secretary of Interior may declare a plant or animal species as endangered if the species "is in danger of extinction throughout all of a significant portion of its range." A threatened species "is likely to become and endangered species within the foreseeable future". A species must be at risk for one of the following reasons

1. the destruction or threatened destruction of habitat
2. oversuse of the species for commercial, scientific, educational, or recreation purposes
3. disease or predation
4. lack of regulations to prevent a decline in population and
5. other natural or man made factors threatening survival.

• As of 2008, there were 1238 animals and 747 plants listed as threated or endangered. The number of threatened and endangered species has more than tripled since 1980
• Hawaii has the most listed species at 308, followed by California and Florida
• From 1973 to 2004 108 species in the US became extinct
• the normal rate of extinction would have had 4 species become extinct over that time
• but 68% of the species on the list stabilized or are increasing in numbers

Shortcomings

• REACTIVE
• NOT COMPREHENSIVE: the targeting of specific species and their habitats tends to overlook the need to protect entire ecosystems and biodiversity in general
• landowners fear they will lose the abiloity to use or sell their land
  
• shoot shovel and shut up

Critical Habitat v. Development Rights

• No direct federal govt control but federal agencies can take steps to make development difficult (e.g. NEPA process)

HABITAT CONSERVATION PLANS

• a Habitat Conservation Plan (HCP) is a contract for large scale ecosystem management usually between the federal government and private land owners. State and local governments may be included as well.
• Provisions for Habitat Conservation Plans were added to the Endangered Species Act in 1982 to clarify where development would be allowed and where habitats should be protected
• HCPs designate critical habitats that are essential to the survival and recovery of threatened and endangered species and hence are off-limits to development
• HCPs also identify lands where development is allowed. An HCP may apply to a single species or several species. A plan may cover a small amount of territory or up to thousands of acres, and can influence forestry, ranching, farming, and urban and suburban development patterns
• HCPS for large areas can run to more than 1000 pages. HCPS are typically set up for 30-50-100 years.

PROCESS OF HCP

• In an HCP the applicant/developer agrees to minimize the "take" of listed and as yet unlisted endangered species to the maximum extent possible
• The applicant in turn receives an "incidental take permit" and "mo surprises" treatment, which absolve the applicant of responsibility for habitat and species conservation on land designated for development so long as a recovery plan for the species is in place
• A further incentive is the "safe harbor agreement." This allows a private landowner, who voluntarily "creates, restores, or improves," threatened or endangered spceies habitat to a certain biological standard, freedom from future ESA regulations if a new threatened or endangered species is attracted to the property.

HCP Cont.

• The HCP approach was remarkably popular under the clinton administration as a way to try to strike a balance between property development and the protection of wildlife habitats
• From 1982 to 1993 only 14 HCPs were implemented. But as of 2002, there were more than 400 HCPs covering 16 million acres, including one-tenth of the commercial forestland in the Pacific Northwest.

Biolgoical Principles for Local Habitat Protection

• Maintain large intact areas of native vegetation needed to support animal wildlife by preventing fragmentation through development
• set priorities for species and habitats to support and improve the numbers and diverse locations of those species
• protect critical landscapes and regulate the use of vegetation in new developments to minimize the invasion of exotic plants.
• identify and protect wildlife corridors to connect habitats and provide uninterrupted movements
• protect are species and habitats ecological processes in those habitats
• balance the opportunity for recreation by the public with the habitat needs of wildlife.

Check book for financial shiiiit.

Land Use: Form Based Code

5 pieces of euclidian zoning

1. use
2. density
3. height
4. lot coverage
5. lot size

Euclidian: No sense form of form
separates uses

Performance Zoning: You can mix uses BUT trying to regulate the impacts of the land use. It doesn't tell you what the development is going to look like. Generally what happens is, "oh well, you can do whatever you want as long as the impact is not too bad."

Planned Unit Development: You can mix uses BUT they are project by project, they are a floating zone (in the text but not on the map) that can happen anywhere. No sense of form.

Form Based Code:
Prescriptive, not proscriptive

1. Regulating Plan
1. map of FBC areas: building types that are allowed in that area, building form standards,
   
2. Building Form Standards, height min & max, storeys, functions, alignment
   

How do develop a form based code:

1. Visioning process: Charrettes
   
2. Goals and Objectives --> put in the Comp Plan sections that involve mixing uses: Housing, Economic, Development & Community Facilities; also, the future land use map because it identifies areas where you want to use your form based code (how widely used is the form based code?)
   
3. Public Spaces: sidewalk width, street width/design, streets, trees, furniture, lamps
4. Administration: how you pick the applications and process them? Condition in zoning. Use Community Viz
   

Form Based Codes
Appearance over functions
Americans fear two things: density (crime, higher taxes) and sprawl
Design Review is typically found in historic towns and districts
Regulates the appearance of new buildings
form based codes have wider application and give predictability to the appearance of what will be built.

Development Review Process
Require developer to provide a 3-D presentation of what the development will look like and how it will fit into the surroundings
e.g. community viz
serves as a verification of the FBC

Key Features of a Traditional Zoning Ordinance

1. Uses allowed
2. Density
3. By right, special exceptions, conditional uses
4. height
5. lot coverage, FAR
6. Setbacks

Parallel Codes: combining euclidian and FBC
What's good about it is that it has both text and graphics

Urban transect Zone:

Form Based Zoning
How does it differ from Euclidian Zoning?
Why are environmentalists a problem?

Duany: The Difficulty
fear of development, sprawl, lack of trust in development
Environmentalists vs. new urbanists: density is the issue, so low density results
Enviros are not about "place making " but minimizing environmental impacts (ecological footprint--or so they think).

Duany II
Need for connected streets, avoid or minimize traffic congestion (not cul-de-sacs)
Inside Portland, OR UGB weak on design. So there is a lot of "constrained sprawl." Need for a FBC inside growth boundary.
The transect and transec-based zoning
T1-T6, but T-3 and T-4 can be problems


Transect:
What would you use a special district for: locally unwanted land use (LULU), industrial center

Seaside FL

1. Compelling urban design
2. Effective public process (buildable plan)
3. Better development regulations: simplyify or avoid case by case design review process and design review board decisions
4. traditional zoning is use-based: too many zoning categories (FAR not great)
5. New urbanists: for first, management of sites second, use and density third.
6. a pattern book (what is this?)

meisner park

Louisville KY

October 23, 2008

You're hired to update the zoning code! Now what?

1. Future Land Use Map (FLUM)
2. Make and "As of" date

• Non conforming uses are the exceptions to this date:

1. Preexisting uses
   
2. Cannot expand
3. if destroyed by flood of fire or other act of man or god, they either cannot be rebuilt or must be rebuilt by 6 months after the event (this is the choice of the community during the drafting of the code)
4. grandfathered uses
   

• tangent: how do you get rid of billboards? make an ammortization clause (must get rid of billboard in five years time)

When you revamp a zoning code expect...an increase in filed development plans--> people submit their development plans before the change in order to be reviewed with the past zoning code.

• Zoning tends to be forward looking rather than reactionar
• nuisance ordinances: mow your lawn or else

Rezoning process:
who initiates?

• Planning Commission
• Developer
• Concerned Citizens

What should you (the planner) consider?

• what does the comprehensive plan say?
• spot zoning
• major change to the neighborhood
• what is the current use and zoning?
• what is the proposed use and zoning?

1. A piece of land is zoned R-1 and you want to change it to R-3, what do you do?

• Change the zoning map
• change the FLUM

2. You want to allow daycare facilities on R-1 properties. What do you do?

• Change the text in the form of an Amendment

The Re-zoning Process
1.Quasi Judicial

• findings of fact

2. Elected officials make legally binding decisions
3.Why is it a good/bad thing to go to court?

• it can set a precedent
• it is expensive and can engender lots of bad feelings

4. Re-zoning

Typical Rezoning Proposal

• Single to multifamily
  
• Residential to mixed use
• Agriculture to single fam res
• Ag to industrial
• Commercial to industrial

Conducting a Hearing

• Be respectful
• No more than five minutes from applicant to summarize case
• No more than three minutes from members of the audience (state name and residence)
  
• Tape record the meeting
• Warning--> end the meeting when there if the civility of the discourse declines.
  

Why is zoning poorly used (obviously this question is influenced by T.D.'s opinion)?

• Rigid separation of zoning
• Uniform setbacks
• municipal attorneys are afraid of takings challenges
• farmers and land speculators
• hunt for property tax base/fiscal zoning (zoning with community revenue in mind)
• often inconsistent with Comprehensive Plan

T.D. spent the rest of class showing pictures and going over the test (which he handed back).

Tuesday, October 21, 2008

Zoning

What?

1. Regulate land use
2. Uses, density, height, setbacks, bulk coverage (FAR – floor area ratio)

• Have to watch how all these things interact (i.e. FAR can be effected by height limits)
  

Where?

1. LA pre WWII, NYC
2. Euclid versus Abler Realty 1926

• Zoning is okay under police power to protect health, welfare, and safety

• Euclidian Zoning

- separation of conflicting land uses

*common criticism to Euclidian Zoning is that you come up with cookie cutter style of development, 1960s cookie cutter development without sidewalks

3.Standard Enabling Act

- property values

Why?

1. Separation of conflicting land uses
2. Property values
3. Health, safety, welfare issues
4. Implement the Comprehensive Plan
5. 
   

How (hybrids)?

1. Map (developed from future land use map) and text
2. Identify zones (R, C, M, P, I) and districts within the zones (R-1, R-2, R-3)
1. Permitted Uses (by-right)
1. Single family – R-1

Go to these entities to get a permitted use:

Zoning Administrator (in smaller community)

Planning Commission (in larger city) to a staff person

1. Gives out Zoning permits
2. Rules on zoning questions
2. Special Exceptions Uses
1. Want to allow it to happen, but set certain standards on that use
2. i.e. in an R-1 district and want to put Daycare in home, must have a maximum number children allowed
3. Conditional Uses – i.e. maybe churches in an R-1 district
4. Not permitted – (if it is not mentioned in the permitted use, special exceptions or conditional use, it is not allowed) ie. Industry in residential neighborhood
3. PUD planned unit development, came about in the 1960s as a way to have negotiated mixed use

• Negotiated among developers and community through the planning commission

• Could have a floating zone in order to work a PUD

4. Overlay zone – shown on the zoning map and in effect creates a double zone

• Often used to protect environmental concerns (such as steep slope or flooding)

• Stricter provisions of overlaid zone and zone it is laid onto takes precedent

5. Performance Zoning: impacts, trees, berms, noise

• Hard to write accurately

• Elements can be written into an ordinance

6. Form Based Codes

• What is the built environment going to look like

• Because typical land use zoning does not give you an idea of what development is going to look like

*these techniques can be used to clean up the mess that 50 years of suburban development has caused. Planners will now spend their careers trying to correct.

Who?

1. Planning Commission – has ultimate responsibility
1. Staff and/or consultants
2. Perhaps a developer

Zoning Board of Adjustments (3 people, appointed)

• special exceptions
• appeals
• variances
1. physical
2. use – absolute no-no according to Daniels, has been used as a way to get around the planning commission and just use the zoning board of adjustments – should instead get a re-zoning of the property – could also be seen as spot zoning which is favoritism and will not hold up in court (spot zoning is illegal)

Exam

Some short answers (9)
Long answers (3)
Essay

Content: Water supply, water quality, air quality, something on climate change, CHAPTER 2, understand how all of this environmental planning relates locally to the comprehensive plan.

PRECISE/CONCISE/ACCURATE