NO LTTTLEPLANS: FAIRFAX COUNTYS PLUS PROGRAM FOR MANAGING GROWTH JÜL1 1 i J EXECUTIVE SUMMARY 3 ★ \ ★ O U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OFFICE OF POLICY DEVELOPMENT AND RESEARCH DECEMBER 1976 NO LITTLE PLANS: FAIRFAX COUNTY'S PLUS PROGRAM FOR MANAGING GROWTH EXECUTIVE SUMMARY Prepared by The Urban Institute Washington, D.C. under a grant from the U.S. Department of Housing and Urban Development Office of Policy Development and Research Grant No. VA PD-2 The full report. No Little Plans: Fairfax County's PLUS Program for Managing Growth, is for sale by The Urban Institute for $3.95. Orders should be sent to; Publications Office The Urban Institute 2100 M Street, N.W. Washington, D.C. 20037 The research forming the basis for this report was conducted pursuant to a grant with the Department of Housing and Urban Development (HUD). The statements and conclusions contained in this report are those of the author and do not necessarily reflect the views of the U.S. Government in general or HUD in particular. The author alone assumes responsibility for the accuracy and completeness of the information herein. TABLE OF CONTENTS INTRODUCTION 1 A THUMBNAIL SKETCH OF FAIRFAX COUNTY 1 WHAT THE PLUS PROGRAM PROMISED 3 WHAT THE PLUS PROGRAM PRODUCED 4 Plan Making. 4 Development Timing 5 Citizen Participation. 6 WHAT HAS BEEN LEARNED? 6 General Lessons on Growth Management 7 Lessons for Plan Making, 8 Lessons for Development Timing. 9 Lessons for Citizen Participation 9 "Make no little plans: little plans have no magic to stir men's blood. Make big plans, aim high in hope and work. " --Daniel Hudson Burnham, 1927 INTRODUCTION Fairfax County, Virginia's PLUS program was perhaps the best- publicized growth management effort to emerge from local government during the last decade. Tackling a problem many suburban governments face-- the need to control the extent and timing of new development--the Planning and Land Use System was a multifaceted 18-month program aimed at re¬ vamping land-use control in a large and rapidly growing suburb of Washington, D. C. The PLUS program was officially completed in 1975. What did Fairfax County achieve with its $1. 5 million program? Further, what can Fairfax County's experiences tell other local governments about what to do and what not to do in future growth management programs? This summary is for citizens, decision makers, and local government staff involved in planning and land -use control, who might benefit from Fairfax County's experiences with the PLUS program. For those who wish a fuller picture of the program, the complete report. No Little Plans: Fairfax County's PLUS Program for Managing Growth, by Grace Dawson, is available from The Urban Institute in Washington, D. C. Both the report and this summary are based on an independent observer's monitoring of the PLUS program as it evolved. A THUMBNAIL SKETCH OF FAIRFAX COUNTY Located across the Potomac River from the nation's capital, Fairfax County at the time of the PLUS program-- had an area of 399 square miles; had nearly 550, 000 inhabitants and approximately 170, 000 housing units; had a median family income of $15, 707 and a median value for owner-occupied housing of $35, 300 (1970 figures); was more than half developed, primarily in a low-density pattern; included a network of primary and secondary roads that are planned, built, and maintained by the Virginia Department of Highways and Transportation; was governed by a nine-member Board of Supervisors, one at-large member, and eight representing magisterial districts, who are elected every four years; -2- FAIRFAX COUNTY IN RELATIONSHIP TO WASHINGTON METROPOLITAN AREA MONTGOMERY COUNTY LOUDOUN COUNTY / Falls > Churched FAIRFAX COUNTY PRINCE GEORGE'S COUNTY PRINCE WILLIAM COUNTY Figure 1 THE WASHINGTON, D.O., SMSA. -3- had an 11-member Planning Commission, appointed by the Board of Supervisors, that reviews rezoning applications and land-use plans before sending them to the Board of Supervisors for final action; had a county government staff of approximately 6, 000 persons (excluding school personnel); was last the subject of a comprehensive countywide plan in 1959; and had a local and state judiciary with a record of strongly upholding private property rights. Until the 1950s, Fairfax County was primarily rural in character. The postwar building boom, fueled by the expansion of federal government employ¬ ment in Washington, D. C. , pushed development deeper into Fairfax County as well as other outlying suburbs. By 1950, the county population was just under 100, 000. Concerned about the cost of providing sewer service to the growing county's scattered population, the Board of Supervisors requested a comprehensive land-use plan, which was adopted in 1959. Despite the new plan and zoning ordinance, development occurred at a rapid rate between I960 and 1970, with the co\mty's population rising 83 percent; school enrollment, 133 percent; and the county budget, more than 300 percent. The county government responded to the intense development pressure of the 1960s in several ways. It refined the categories in the zoning ordinance to allow for planned unit development and to provide other mechanisms to channel growth. It attempted to regulate development through the allocation of sewer capacity, and it re planned small areas of the county with a view to encouraging a more coherent pattern of development. Despite these efforts, the Board of Supervisors approved more than 250 amendments to the 1959 zoning ordinance, adding 62, 000 housing units to the existing stock of 69,000 between I960 and 1970. During this time the median value of owner-occupied housing rose from $18,700 to $35, 300. The November 1971 local election saw a change in the mood of the electorate; for in Fairfax County, as in many other rapidly growing areas, the negative effects of growth had begun to show in increased traffic con¬ gestion, air pollution, and local taxes. The majority of the old board was defeated by candidates advocating strong growth-control measures. WHAT THE PLUS PROGRAM PROMISED In January 1973, the Board of Supervisors voted to "dedicate priority effort to the preparation, at the earliest possible date, of a comprehensive program designed to control growth and achieve a development plan for Fairfax County." Out of this resolution grew the PLUS program. -4- Although the initial outline of the program contained a broad array of land-use control mechanisms that were to be developed or tested for use in Fairfax County, the program, as it actually evolved, contained three major elements: • the development of updated comprehensive land-use plans, a capital improvement program (CIP), and analytical tools for use in plan making and individual land-use decisions; • the establishment of a method for regulating the rate of development according to the availability of public facilities; • the encouragement of extensive citizen participation throughout the program. This agenda was to be carried out by the Office of Comprehensive Planning, the staff of which was enlarged from 5 0 to 84 members, as well as by individuals in the County Attorney's Office, the Office of Research and Statistics, and other county agencies. The entire program was under the direction of the county's planners and was coordinated overall by the Deputy County Executive and a management group consisting of department heads from a broad cross- section of county agencies. The program was to be completed during the 18-month period from January 1974 to June 1975. Its projected cost was $1. 5 million, which was to come from the county's revenue-sharing allocation.^ WHAT THE PLUS PROGRAM PRODUCED Of the three main objectives set out at the start of the PLUS program, Fairfax County was successful in achieving two: the development and adoption of updated comprehensive plans and a CIP; and the institution of a broad program of citizen participation. The most sought-after objective, the ability to regulate the rate of development according to the adequacy facilities, was not achieved. Plan Making Despite an extremely tight schedule, Fairfax County's planners produced a countywide plan and four subarea plans with extensive citizen input, and saw the plans through the Planning Commission and Board of Supervisors review to adoption. The new plans, which projected development for Fairfax County to 1990, contained a number of innovations, including the classification of all the land in the county as stable (uses are dictated by surrounding development 1. In fact, the PLUS program missed this goal by only two months. It was officially completed on September 8, 1975, close to the budgeted cost. -5- patterns), option (a number of alternative uses might be considered), or conflict (certain crucial locations such as sites for potential large-scale commercial, industrial, or planned development centers, or transportation interchanges, requires special study). The countywide plan also contained the first transportation plan adopted in the county's history. In addition to the new land-use plans, Fairfax County initiated a process for generating an annual GIF. Produced annually by the planning office, the GIF catalogs, evaluates, and recommends capital projects suggested by all the county's agencies for the coming five-year period and integrates them into a unified building program that is coordinated with the development shown in the land-use plans. Again, citizen participation was widespread in the GIF adoption process, resulting in a GIF that obtained citizen endorsement. An immediate result of the GIF process was that, in 1975, the county's bond rating increased from Aa to AAa, affording taxpayers a saving on future loans made for capital facilities. As part of the improvement of the planning process, Fairfax County sought to develop analytical tools to help planners test the impact of alternative development patterns upon the county's resources, both fiscal and natural. This part of the FLUS program fell victim to a number of difficulties: the county's lack of a clear vision of the kinds of tools to be developed; the reliance upon an outside consultant to accomplish what was in reality a complex staff assignment; the lack of a constituency among county staff for small-area planning tools when planning was being done on a countywide scale; and the lack of a strong constituency within the county government for the irrprovement of information systems. The result of this effort was only modest improvement in the tools available for making individual zoning decisions. Development Timing Regulating the rate of development in accordance with the availability of public facilities proved the most elusive of Fairfax Gounty's growth manage¬ ment objectives. Initially, the county sought to model its effort on the system used in Ramapo, New York, consisting of an adequate public facilities ordinance and a point system for assuring that facilities are available before develop¬ ment is permitted. However, inherent differences between Ramapo and Fairfax Gounty--in size, degree of development, and the existence (or lack) of updated land-use plans and a long-range capital improvement program-- made Fairfax Gounty officials reject the direct transfer of the Ramapo scheme. Nevertheless, with time short and in the absence of an alternative strategy, in January 1974 Fairfax Gounty took the first step in implementing a modified Ramapo system: the imposition of a zoning moratorium to be in effect during the planning process. Soon after, the local circuit court ruled the zoning moratorium invalid, creating even more serious doubts about the prospects for sustaining even a modified Ramapo system. The loss of two -6- subsequent land-use cases in which rezonings had been denied by the county on the grounds on inadequacy of facilities and the refusal of the U.S. Supreme Court to consider the county's appeal of these cases ended the county's hopes of timing development under existing Virginia law. But, since Fairfax County had not adopted aji updated, comprehensive land-use plan and a long-range CIP when adequacy of facilities as a pre¬ requisite for development was before the courts, the PLUS program did not really include a fair test of the viability of development timing. With these documents now in place, the further testing of development timing in the Virginia courts is a task for Fairfax County's lawyers. Citizen Participation The major success of the PLUS program was the citizen participation that occurred as a result of the county staff's concerted efforts. Through the work of a special group of "community planners, " whose sole respon¬ sibility was to act as liaison between the citizens and the county planning staff, the PLUS program actively involved hundreds of county residents over a period of nearly two years in planning the county's future development. Organized by election district, planning area, special interest group, and civic association, citizens (including members of the development industry) participated in the development of the plans for their neighbor¬ hoods. Through a planning office policy encouraging the early release of information, citizens received initial drafts of planning documents and were able to make comments and suggestions throughout the planning process. Their continual involvement in formulating the plans was important, not only because it allowed the plans to reflect citizen perspectives, but also because the plans became known as "citizen" plans. Especially during an election year, this strong citizen identification with the plans assured their speedy approval, with few changes, by the county's decision makers. WHAT HAS BEEN LEARNED? Fairfax County learned through the PLUS program that even with the best intentions in the world and with ample resources, the ability of local government to affect the use of private land is extremely limited--by the courts, by special interests, by policial concerns, and by the citizens themselves. Although these factors may come to bear with varying force in other places, the lessons learned by Fairfax County are relevant to any suburban jurisdiction experiencing or anticipating rapid growth and seeking to improve its management of the development process. Fairfax County's -7- experiences alone cannot provide the key to a flawless growth management program, but they can provide an appreciation of the limits of local initiative and of the pitfalls to be avoided. Following is a summary of some of the le s sons, General Lessons on Growth Management • Existing state law and the general judicial posture of a state and locality should be taken into account when grov/th management strategies are considered. • The order in which the components of a growth manage¬ ment program are developed is as important as the com¬ ponents themselves. For example, in the Ramapo system, an adequate public facilities ordinance must follow a comprehensive plan and long-range capital improvement program. • When a grov/th management program includes legal, planning, and other technical components, the top level of government, must ensure strong interagency coordination. • Consultants should be used to advise the existing staff and to augment its work, not to develop individual parts of a growth management program. If, because of scarce staff resources, a consultant is needed to develop a specific component of a program, the consultant should work alongside local government staff, especially in the implementation stage. • The scope of work attempted in a growth management program, and the amount of time and money devoted to the effort, should be carefully estimated. • Tying a growth management program to the election cycle promotes a closer link between planning and policymaking, and ensures that every effort will be made to complete and adopt a program acceptable to the citizens. A liability of this approach is that more innovative ideas may be discarded in balancing frequently narrow citizen preferences against policies that better serve the jurisdiction as a whole. • Staff management problems are inherent in a growth manage¬ ment program, both because of the complexity of the effort and because of the need to expand the existing staff rapidly to accomplish the task. -8- Lessons for Plan Making » It is difficult to lay out a detailed plan in advance for a complex, interdisciplinary growth management program that includes the simultaneous development of plans and other tools and controls. At best, work should proceed in one- or two-month increments, with each next step determined along the way. This is difficult, however, since planners are often more at home with long-range work programs. • In developing comprehensive plans for growth management, there should be a continual process of moving from jurisdiction- wide concerns to neighborhood issues. Since citizens naturally think about their neighborhood, planners should first consider jurisdictionwide issues. Impacts of alternative development patterns should be evaluated for the jurisdiction asa whole, as well as for small areas. However, this process is diffi¬ cult to coordinate and time consuming. Because of citizen interest, small-area issues are likely to dominate. • If a growth management program is simultaneously to pro¬ duce comprehensive plans and develop analytic tools, the skills of an overall coordinator, a day-to-day administrator, and a technical analyst are needed. • In developing analytical tools for plan making, the support and coordination of the chief executive officer of a jurisdiction are needed to foster cooperation among planners, lawyers, and technical analysts outside the planning office. • If a jurisdiction uses an outside consultant to assist in develop¬ ing analytic tools for plan making, the tasks to be accomplished should be clearly defined and the consultant's involvement should carry over to the implementation stage, when the consultant should be expected to work side by side with local government staff. • A long-range capital improvement program (CIP) can offer a number of advantages. A jurisdiction's budget department and other agencies view a CIP process as a means of achieving the commitment of decision makers to long-range spending levels. An added advantage, important to budget officers as well as to the jurisdiction at large, is that a CIP offers the potential for improvement of a local government's bond rating. Further, the annual CIP update process offers citizens more input into planned projects than do yearly public hearings on the capital budget. • The planning process should include three sets of participants: elected and appointed officials, citizens, and planning staff. -9- Lessons for Development Timing • If a zoning moratorium is to be imposed during the planmaking period, the jurisdiction should be prepared to provide estimates of the moratorium's impact on the development community (e. g. , how many outstanding building permits to approve, effect upon small and large developers), both as a means of preserving good relations with developers, and for use in any court challenge that might arise, • It is necessary to be able to defend a zoning moratorium against legal challenges. If landowners are going to be deprived of the use of their land for a period of time, the period must be specified and the need for a moratorium should be carefully established by supporting data. If a moratorium is to be imposed using decision makers' "emergency" powers, data should be available to sub¬ stantiate the eme rgency. • While a partial, rather than a total, zoning moratorium may seem preferable in terms of its impact upon the development community, a partial moratorium (e. g. , on residential or commercial rezonings) or one that applies only to certain geographic areas of a jurisdiction may be viewed by the courts as discriminatory. • In presenting an elaborate development timing strategy to decision makers for endorsement, lawyers should attempt to make the concepts as simple as possible and to convey their ideas to citizens prior to seeking the endorsement of elected officials. Lessons for Citizen Participation • Establishing a separate staff of community planners within the planning office, with prime responsibility to act as "honest brokers" between the planners and the citizens, improves participation and opens channels of communication between citizens and professionals. • The success of community planners is a function of their familiarity with the detailed plans as they develop and their ability to answer technical questions of citizens as they arise. Community planners and technical planners should work closely together to keep information flowing freely to and from citizens. -10- Citizens should be organized by as wide a variety of groupings as possible (election district, planning area, functional area interest, etc. ). This allows a more diverse group of citizens to participate than the more traditional patterns of civic associations and special interest groups afford. Dividing a jurisdiction for planning purposes into subareas that are not coterminous with election districts allows for more varied forms of citizen participation and dilutes the influence of individual elected officials over the content of subarea plans. It is important to consider special interest groups, particularly those involved in the development industry, to elicit the com¬ ments of these groups, and to give visibility to their input in the planning process. Planning information should be released early, in draft form, so that citizens can have maximum opportunity for input as draft plans develop. However, the necessarily rough and generalized form of early draft material may discourage citizens, who are often most interested in detailed plans for their own neighborhoods. Although citizens receive considerable information on plans through the early release strategy, it is necessary to develop intermediate-level documents, concisely stating the problems addressed and proposals contained in the plans, for use by citizens. Early material is too general, and later material too technical, for most citizens to absorb. However, intermediate- level documents take time and resources to produce. Large open forums and public meetings are the best vehicle for the government to present general, jurisdictionwide infor¬ mation, but not to elicit comments and suggestions from individual citizens. Small area meetings, print, and other media are more useful for the government to obtain input from citizens. Not merely the appearance but the fact of citizen participation are necessary to assure that decision makers do not linger during plan review, especially when the schedule permits only a short time for review and amendment of plans. The time allotted a growth management program is particularly important in terms of the amount of citizen participation that occurs. If a schedule is too rushed, citizens become discouraged at their inability to comment quickly on plans. -11- • Citizens may expect management programs to result in maps showing precisely when and what kind of future development will take place. However, when growth pressures are intense, it is difficult to predict any of these things with precision, and therefore, it is fruitless to attempt to produce maps which show the future with certainty. However, citizens and special interest groups find the notion of planning as a process, rather than as a map-producing activity, difficult to accept. Particularly when neighborhood issues are concerned, these groups tend to want to see end-state plan maps, rather than more process-oriented documents such as lists of evaluation criteria. March 1977 HUD-PDR-220