working with your local planning department ag business guide to planning department etiquette...

Working with your Working with your Local Planning Local Planning

DepartmentDepartmentAg Business Guide to Ag Business Guide to

Planning Department EtiquettePlanning Department Etiquette

Athens-Clarke County Planning DepartmentAthens-Clarke County Planning DepartmentMarch 1, 2013March 1, 2013

Athens-Clarke County Planning Department

Questions to be AnsweredQuestions to be Answered • What is Municipal/County Government’s What is Municipal/County Government’s

role in guiding and facilitating role in guiding and facilitating development?development?

• Is public involvement necessary?Is public involvement necessary?• New Development vs. Redevelopment: New Development vs. Redevelopment:

Is one better than the other?Is one better than the other?• What does “Highest and Best Use” What does “Highest and Best Use”

reallyreally mean? mean?• What information is vital to agricultural What information is vital to agricultural

development and permitting?development and permitting?


What is “Planning”?What is “Planning”?

1.1. A scheme, program, or method worked out beforehand for A scheme, program, or method worked out beforehand for the accomplishment of an objective;the accomplishment of an objective;

2.2. A proposed or tentative course of action;A proposed or tentative course of action;3.3. A systematic arrangement of elements or important parts; a A systematic arrangement of elements or important parts; a

configuration or outline;configuration or outline;4.4. A drawing or diagram made to scale showing the structure or A drawing or diagram made to scale showing the structure or

arrangement of something;arrangement of something;5.5. A program or policy stipulating a service or benefit.A program or policy stipulating a service or benefit.

planplan (n.) (n.)

planplan (v.) (v.)1.1. The The processprocess of formulating a scheme or program for the of formulating a scheme or program for the

accomplishment, enactment, or attainment of a specific accomplishment, enactment, or attainment of a specific aim or purpose; aim or purpose;

2.2. To draw or make a graphic representation of.To draw or make a graphic representation of.


Process, Process, Process, Process, ProcessProcess

““Planning” is process-driven. Planning” is process-driven.

The strength of every planning effort -- The strength of every planning effort -- andand the resulting plan -- is dependent the resulting plan -- is dependent on the strength and appropriateness of on the strength and appropriateness of the planning process used.the planning process used.


Where do we find Where do we find guidelines guidelines

for planning processes?for planning processes? • State and Local LawState and Local Law

• Court DecisionsCourt Decisions

• Professional Planning Practices & Professional Planning Practices & StandardsStandards

• Community ExpectationsCommunity Expectations


Where does the power to Where does the power to Regulate Land Use come Regulate Land Use come

from? from? The Georgia State Constitution The Georgia State Constitution Paragraph IV. Planning and zoning. Paragraph IV. Planning and zoning.

““The governing authority of each county and of The governing authority of each county and of each municipality may adopt plans and may each municipality may adopt plans and may exercise the power of zoning. exercise the power of zoning.

This authorization shall not prohibit the General This authorization shall not prohibit the General Assembly from enacting general laws Assembly from enacting general laws establishingestablishing procedures for the exercise of such procedures for the exercise of such powerpower.”.”


What “tools” do you use What “tools” do you use to Guide Land Use?to Guide Land Use?

Local Ordinances adopted by the Local Ordinances adopted by the municipal authority:municipal authority:• Zoning CodeZoning Code

• Development StandardsDevelopment Standards

• Subdivision RegulationsSubdivision Regulations

• Permitting for Soil Erosion Control, Land Permitting for Soil Erosion Control, Land Disturbing, Grading, Tree RemovalDisturbing, Grading, Tree Removal

• Business licensesBusiness licenses


More Ordinance “tools” to More Ordinance “tools” to Guide Land UseGuide Land Use

• Design Regulations and Historic PreservationDesign Regulations and Historic Preservation• Transferable Development Rights Transferable Development Rights • Floodplain or wetland protectionFloodplain or wetland protection• Special AssessmentsSpecial Assessments• Overlay DistrictsOverlay Districts• Building Permitting – Zoning Verification Building Permitting – Zoning Verification • Driveway or curb cut permitsDriveway or curb cut permits• Adequate Community Facilities OrdinanceAdequate Community Facilities Ordinance


Other “tools” to regulate Other “tools” to regulate Land UseLand Use

• Impact FeesImpact Fees• Special Service District TaxesSpecial Service District Taxes• Infrastructure planningInfrastructure planning

Where to construct or make improvements to: Where to construct or make improvements to: Water lines, Sewer lines, Water lines, Sewer lines, Roads and other transportation facilities, Roads and other transportation facilities, SchoolsSchools

• Intergovernmental AgreementsIntergovernmental AgreementsService Delivery AgreementsService Delivery Agreements (HB489) (HB489)Regional Intergovernmental AgreementsRegional Intergovernmental Agreements


Does having the tools Does having the tools make you a carpenter?make you a carpenter?

““I may not be a carpenter, but I know a well-I may not be a carpenter, but I know a well-made piece of furniture when I see it!” made piece of furniture when I see it!”

• Citizens can tell if public officials are not using Citizens can tell if public officials are not using regulatory tools (public policies) well.regulatory tools (public policies) well.

• So, building citizen confidence in the planning So, building citizen confidence in the planning process allows good development to occur more process allows good development to occur more easily. easily.


ZONING CODE ZONING CODE STRUCTURESTRUCTURE

• Six standard zonesSix standard zones

• Matrices of Uses and StandardsMatrices of Uses and Standards

• Consistent DefinitionsConsistent Definitions

• Streamlined procedures and review Streamlined procedures and review processesprocesses


DEVELOPMENT CODE DEVELOPMENT CODE FEATURESFEATURES

• Environmental Areas and River Corridor Protection

• Conservation Subdivisions required in Rural Areas (AR zone)

• Density Increase in Urban Zones

• Mixed Uses and Design Standards in RM and C zones

• Standards for tree canopy, landscaping, parking, & site design


Questions to be Answered • What is Municipal/County Government’s

role in guiding and facilitating development?

• Is public involvement necessary?• New Development vs. Redevelopment:

Is one better than the other?• What does “Highest and Best Use”

really mean?• What information is vital to agricultural

development and permitting?


“Highest and Best Use”

Highest and best use is a concept in real estate appraisal. It states that the value of a property is directly related to the use of that property; the highest and best use is the reasonably probable use that produces the highest property value.

This use, the Highest and Best Use, may or may not be the current use of the property.


“Highest and Best Use” In order to be considered as the Highest and Best Use of a property, any potential use must pass a series of tests to determine if the proposed use is:o Legally allowable o Physically possible o Financially feasible o Maximally productive

But there should be one more test! Is the use…o Locally marketable and/or palatable?


““Agriculture” DefinedAgriculture” Defined The production, raising, breeding or maintenance of plants and The production, raising, breeding or maintenance of plants and animals including, but not limited to: forage and sod crops; animals including, but not limited to: forage and sod crops; grain and seed crops; dairy animals and dairy products; grain and seed crops; dairy animals and dairy products; poultry and poultry products, livestock, including beef cattle, poultry and poultry products, livestock, including beef cattle, sheep, swine, horses, or goats, game animals, exotics, fish, and sheep, swine, horses, or goats, game animals, exotics, fish, and any mutations or hybrids thereof, including the breeding and any mutations or hybrids thereof, including the breeding and grazing of any or all such species; bees and apiary products; grazing of any or all such species; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, fur animals; trees and forest products; fruits of all kinds, including grapes, nuts, and berries; vegetables; nurseries; including grapes, nuts, and berries; vegetables; nurseries; florals; ornamental and greenhouse products; or lands devoted florals; ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program. This to a soil conservation or forestry management program. This does not include the commercial slaughter of poultry, livestock, does not include the commercial slaughter of poultry, livestock, or other animals.or other animals.

--Chapter 9-2, Athens-Clarke County Code of OrdinancesChapter 9-2, Athens-Clarke County Code of Ordinances


Zoning and DevelopmentZoning and Development• Separate definitions and classifications for:Separate definitions and classifications for:

– Sale of products grown on-siteSale of products grown on-site– Equestrian facilitiesEquestrian facilities– NurseriesNurseries– Feed lots or slaughterhousesFeed lots or slaughterhouses

• Always check parcel zoningAlways check parcel zoning• Regulations pertaining to use and designRegulations pertaining to use and design• Environmental buffers and tree managementEnvironmental buffers and tree management


Permits, Permits, Permits!Permits, Permits, Permits! • If unsure about permits, If unsure about permits, always askalways ask• Local, state, and federal permitsLocal, state, and federal permits• Permits can vary from place to place, typically on Permits can vary from place to place, typically on

the local level.the local level.• Separate permits from separate departmentsSeparate permits from separate departments• Unscheduled and scheduled inspections Unscheduled and scheduled inspections • Changes to a use and/or structure(s) likely to Changes to a use and/or structure(s) likely to

require additional permitsrequire additional permits• Online resources (public information, Online resources (public information,

applications, ordinances, studies)applications, ordinances, studies)www.athensclarkecounty.comwww.athensclarkecounty.com


Current and Future Planning IssuesCurrent and Future Planning Issues • Urban farmingUrban farming

– Chickens, goats, etc.Chickens, goats, etc.– Community gardensCommunity gardens

• Farmers marketsFarmers markets– Farm StandsFarm Stands

• Timber harvestingTimber harvesting• Rural preservation and conservationRural preservation and conservation

– Conservation and Co-Op CommunitiesConservation and Co-Op Communities


Keys to Development SuccessKeys to Development Success

• Stop, Ask, & Listen FirstStop, Ask, & Listen First• Make no unfounded assumptions!Make no unfounded assumptions!• Understand the local development review Understand the local development review

processprocess• Make design quality a priorityMake design quality a priority• Involve the publicInvolve the public• Get Local! (Do your homework)Get Local! (Do your homework)• Don’t maximize development at all costsDon’t maximize development at all costs

Thank-You!Thank-You!This presentation was prepared by the This presentation was prepared by the

Athens-Clarke County Planning Department of the Athens-Athens-Clarke County Planning Department of the Athens-Clarke County Unified Government.Clarke County Unified Government.

If you have questions, or want additional information please If you have questions, or want additional information please contact us at contact us at

(706) 613-3515 (706) 613-3515

or or

athensclarkecounty.com/planningathensclarkecounty.com/planning

working with your local planning department ag business guide to planning department etiquette...

Documents

process planning

planning effort

planning processes

agricultural development

new development

land use design regulations

best use

land disturbing