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Name: _________________________________

 

Instructions:  This final is cumulative; it covers the entire course.  Insert your name above and in the header of subsequent pages.  For multiple choice and true/false questions, please underline and bold your answer. For example,

 

Please read the entire question before answering, because possible answers could flow on to the subsequent page.

 

For short answer questions, 3 to 5 sentence responses are expected. Grammar, spelling and punctuation count.

 

The exam is open book, but you are prohibited from discussing it with other students.

 

Do well!

 

Multiple Choice, complete the blank and True/False:

 

  1. The following are examples of local government development “exactions,” i.e. payments or concessions required from a developer to mitigate the impacts of the proposed development (mark all correct answers; there is more than one):
    1. Impact fees
    2. Mandatory right-of-way dedication
    3. Wetland mitigation
    4. Application fees
    5. Recording fees
    6. Easements for public beach access
  2. A Community Development District (“CDD”) can be created by a local government in response to a petition by a land owner, and the CDD can then design, construct, maintain and regulate infrastructure to serve the land area within the CDD, assess the owners for the costs and issue bonds based on the assessment revenue stream. A CDD is most often formed for the following reason:
    1. The city or county government is inadequate
    2. Residents of a community want a higher level of governmental services than is provided by the local government
    3. The area is a brownfield
    4. As a method of financing the cost of the infrastructure and passing that cost on to the ultimate owners of the property
  3. Once a property is designated as historically protected, what type of approval is needed prior to the owner making most exterior modifications:
    1. Variance
    2. Certificate of appropriateness
    3. Site plan
    4. Plat
  4. The U.S. Supreme Court case that established the requirement that there must be a “rough proportionality” between the adverse impact of a development and the conditions or exactions imposed was:
    1. Penn Central Transportation Co. v. New York City
    2. Dolan v. City of Tigard
    3. Hadacheck v. Sebastian
    4. Bert J. Harris Act
  5. According to the Florida Supreme Court in Board of County Commissioners of Brevard County v. Snyder, a local government decision that applies general land use regulations to a specific piece of property, such as a site-specific rezoning or site plan approval, must be made:
    1. Outside of a public meeting and later confirmed in a public meeting
    2. In the presence of the owner
    3. In a quasi-judicial proceeding, where the decision must be supported by competent substantial evidence
    4. In a legislative proceeding, after which the courts will give deference to the decision of the local governing body
  6. True or False: Bulk/dimensional variances (for example, to reduce a setback or allow greater height) and use variances (for example, to permit commercial development in a residential zone) are readily-available and easy to obtain options for property owners to deviate from standard zoning regulations.
  7. True or False: Local governments have very broad discretion in land use matters, and litigation is very expensive and time-consuming, so the most prudent business decision is often to settle with the local government and get an approval rather than litigate.
  8. A “Planned” development (such as a PD, PUD or PDD) may be implemented as a traditional rezoning or as an overlay. If a Planned development is structured as an overlay, it is important to understand:
    1. The expiration date of the PD approval and what type of permit must be obtained prior to the expiration date in order to vest the approval
    2. How to amend or modify the details of the approved plan without having to start over
    3. Which elected officials supported and opposed the project
    4. All of the above
    5. A & B above
  9. A subdivision plat is a legal description and drawing of land, often dividing the land into lots and blocks. Answer the following true or false questions about plats:
    1. True or False: The regulations governing subdivisions are set exclusively by state statute and cities cannot add additional regulations or requirements to the statute.
    2. True or False: Right-of-way dedication requirements, construction of sidewalks, installation of traffic control devices and other exactions can validly be made conditions of plat approval.
    3. True or False: Subdivision plat standards protect local government and community interests, but provide no benefit to the developer.
  10. The power of government to adopt and enforce regulations to protect the public health, safety and welfare is known as:
    1. Condemnation
    2. The Police Power
    3. Constitutional Law
    4. Civil Law
  11. Eminent domain is the power of government to take land for a public purpose, but a valid exercise of eminent domain requires that the government:
    1. Pay just or full compensation
    2. Pay the value of the land as established for tax purposes
    3. Offer comparable property in exchange
    4. Allow the owner to transfer the development rights as compensation
  12. In Florida, Environmental Resource Permits are issued by:
    1. Cities and counties
    2. Water Management Districts
    3. Local drainage districts
    4. A city or county pursuant to delegation agreement with a Water Management District
    5. A and C
    6. B and D
  13. Which of the following is generally not covered by a local government’s parking regulations:
    1. Minimum number of spaces per dwelling unit/square feet of development
    2. Location of parking in relation to the use served
    3. Maximum fees that can be charged for public parking
    4. Design of parking spaces and landscaping of parking areas
  14. Nuisance lawsuits were inadequate as a means to regulate land use because:
    1. They were limited to the individual parties and particular facts
    2. They resulted in inconsistent outcomes
    3. They provided no protection to future residents in similar circumstances
    4. All of the above
  15. A feature of an existing development that complied with the code at the time it was constructed but no longer complies because of amendment to the code is:
    1. A variance
    2. Illegal
    3. A code violation
    4. A legal nonconformity
  16. The primary procedure used by local governments to conduct an official review of a specific proposed development project is:
    1. A design workshop
    2. An informal staff meeting
    3. A site plan review procedure
    4. A mandatory community meeting
  17. From the local government’s perspective, rezoning is justified when:
    1. The character of the area has substantially changed
    2. The existing zoning no longer serves to advance the comprehensive plan
    3. The proposed zoning would be consistent with the comprehensive plan
    4. All of the above
  18. From the property owner’s or developer’s perspective, a rezoning should be sought:
    1. Only if the existing zoning prohibits all development
    2. When the use or intensity of the desired project would not be permitted by the existing zoning
    3. Analysis of the views of the local government staff and elected officials indicates that the rezoning would be successful
    4. All of the above
    5. B and C
  19. True or False: Rezoning that would create an isolated commercial parcel that is surrounded by low density residential would not satisfy most rezoning criteria and would constitute “spot zoning.”
  20. True or False: Following staff review, rezoning that is consistent with the comprehensive plan can be approved without a public hearing and without notice to surrounding property owners.
  21. True or False: A dedication on a plat of a road to the public for proper purposes is the equivalent of conveying fee title to the road, and the adjacent owners retain no interest in the property underlying the road.
  22. The “Dedication” language on a plat will tell you:
    1. The beneficiary of a dedicated area on the plat
    2. The purpose and intended use of the dedicated area
    3. The value of the dedicated land
    4. All of the above
    5. A and B above
  23. A contract between a property owner and a local government to rezone specific property is usually invalid:
    1. Because it is inconsistent with the comprehensive plan
    2. Because it constitutes “spot zoning”
    3. Unless it is done to settle litigation
    4. Because it is a violation of the long-standing principle that a local government cannot contract away the exercise of its police powers
  24. True or False: Even a well-conceived and well-intentioned zoning plan can have the negative social effect of separating communities by age and economic class.
  25. Mandatory “inclusionary zoning” and “linkage fees” are programs related to which of the following public policies:
    1. Affordable housing
    2. Religious land use protection
    3. Transportation concurrency
    4. Reduction of greenhouse gases
  26. Zoning regulations that affect constitutionally-protected activities such as religious exercise and speech are analyzed more strictly, requiring that the local government have _______________________ for the regulation and that the regulation must be ____________________ to achieve that compelling interest.
    1. A compelling interest and narrowly tailored
    2. A valid public purpose and unanimously approved by the governing board
    3. A fiscally sound purpose and well-written
    4. Court approval and approved by a majority of electors
  27. A property owner has a __________ _________  when a property owner expends substantial sums and changes its position in reasonable reliance upon actions of government, such that it would not be equitable to allow the government to change its mind.
    1. Regulatory taking
    2. Vested right
    3. Mandatory revaluation
    4. Government trespass
  28. The Florida “Sunshine Law” includes the following minimum requirements for a public meeting of a governmental body:
    1. The time of the meeting must be during normal business hours
    2. There must be reasonable notice of the meeting and minutes must be kept
    3. The public must have an opportunity to speak
    4. There must be an audio recording of the meeting
  29. True or False: According to the Florida Sunshine Law, members of the same governmental board may discuss the business of their board or business that is likely to come before their board only at public meetings.
  30. Which of the following documents are not considered public records in Florida? (select all correct answers)
    1. The staff report prepared for a city commission agenda item
    2. A memo about agency business that is circulated among agency staff
    3. The city attorney’s preliminary draft of an ordinance circulated for review that is never adopted
    4. The personal notes made by one staff member for that person’s own use that are never circulated
    5. A list of agency employees and their salaries
    6. The invitation to a private retirement party that is made on a government computer
  31. True or False: A conditional use is not permitted “as of right,” but it may be approved if it meets criteria stated in the code or is approved subject to conditions to ensure that the use is compatible with the neighborhood.
  32. Which of the following are the types of evidence that can be considered part of “substantial competent evidence” in a site-specific land use hearing? Choose all that apply.
    1. Information given to a commissioner outside of the hearing that is kept secret and not disclosed on the record
    2. Architectural plans that comply with the code
    3. Complaints by the neighbors that they oppose more development
    4. Testimony of a traffic engineer that the adjacent road can accommodate the projected traffic
    5. The report prepared by the City’s professional planning staff

Short Answer:

  1. State briefly the ruling of the U.S. Supreme Court in Nollan v. California Coastal Commission and discuss how that ruling may apply to the following hypothetical: a commercial development project where the local government imposes a requirement to dedicate land for school improvements.
  2. A local government may create in its comprehensive plan and zoning code a bonus density system, in which higher density can be granted as an incentive to encourage development that the local government considers to be desirable. Identify two types of beneficial development that should be eligible for bonus density and discuss the benefits of those types of development.
  3. A Planned Development or Planned Unit Development allows a project to deviate from the adopted standards of traditional zoning districts. Identify one benefit to the developer and one benefit to the local government of a planned development.
  4. The National Environmental Policy Act (“NEPA”) is a federal law that requires federal executive branch agencies to study the environmental impacts of their proposed actions. What are the three (3) possible responses or report types that the agency may issue under NEPA?
  5. A proposed office building development will have the following features: a building foot print of 20,000 square feet, 4 stories tall, located on a parcel of 2 gross acres.

Calculate the floor area ratio. Show your work.

  1. List the traditional criteria necessary to obtain a zoning variance.
  2. Define or describe urban sprawl and identify a negative effect of urban sprawl.
  3. Identify three typical bulk or dimensional regulations found in municipal zoning regulations and explain how each is applied.
  4. Identify the persons and interests protected by the Federal Fair Housing Act and give three (3) examples of actions that are prohibited by the Act.
  5. Identify the source of authority for a County to adopt a countywide land use plan and explain the relationship between a countywide land use plan and municipal land use plans.

Essays: Choose two (2) of the following. Please respond with 5 – 7 well-organized paragraphs to each selected essay prompt.

 

  1. Assume that an application has been made to your local government to redevelop an abandoned golf course with: (a) a 200 unit townhouse development, (b) a small commercial strip center along the edge of the project on a 4-lane road, (c) a day-care center and (d) a small park. The old golf course is surrounded by single-family homes. Identify the potential stakeholders that may have an interest in the proposed development, summarize their likely concerns and perspectives (positive and negative) and discuss two design decisions that could alleviate those concerns.

 

  1. Discuss the typical elements in a valid historic designation protection ordinance, the potential negative effects of historic designation and methods a city may use to support historic designation.

 

  1. Identify as least three regulatory actions that a local government could adopt to address climate change. Describe how those actions would alleviate climate change. Discuss the potential impacts of the regulations to property value, capital investment or tax revenue.

 

  1. Identify the required elements of a statutory Development Agreement in Florida and discuss the benefits and limitations of using development agreements.

 

Extra credit essay:

 

Identify three societal benefits and three societal problems that are closely connected to land use regulation and discuss how each is connected to, and can be made better or worse, through land use regulation or other local government action.

 

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Operations Management homework help