NCJ Number
103338
Journal
Mediation Quarterly Issue: 14-15 Dated: (Winter 1986-Spring 1987) Pages: 163-175
Date Published
1986
Length
5 pages
Annotation
Because subjective issues such as aesthetic, cultural, and spiritual values can now enter into land use decisions, negotiations between developers and professional staff of government agencies require an approach that recognizes the potential conflict between the need for flexibility and the need for standards.
Abstract
Before negotiating begins, several factors must be considered: the staff's self-perceptions, public perceptions of and confidence in the staff, and the role perception of the developer's representative. During negotiation, factors such as timing, precedents, and staff attitudes toward the zoning envelope should be considered. Additional considerations include the board's propensity to follow staff recommendations, the developer's bottom line, and the constraints on negotiations. Finally, in implementing the negotiated agreement, prohibitions against conditional or contract zoning and the manner in which the agreement is to be formalized must be considered.