MIXED-USE AND FORM-BASED ZONING Connecticut Land Use Academy Hot Topics in Land Use Conference November 1, 2008 Timothy Bates* *Robert Sitkowski,, Esq., assisted with preparation materials Definition of Mixed-Use A combination of uses, usually residential, commercial, and office, in one integrated development. Zoning for the development frequently occurs through plan development districts, planned unit developments, or special design districts. Ninth Square, New Haven Definition of Form-Based Zoning According to the Form-Based Codes Institute: A method of regulating development to achieve a specific urban form. Form-based codes create a predictable public realm by controlling physical form primarily, with a lesser focus on land use, through city or county regulations. www.formbasedcodes.org The Kentlands Why should you care? A. Housing demand B. Demographics C. Sprawl 1
Traditional Zoning Forms: Strip Commercial Site plans Subdivisions Both automobile-oriented Neither create a sense of community Single-Family Subdivisions Zoned separation of uses Zoned separation of uses Embodied in the Zoning Enabling Act (1922) upheld in Euclid v. Ambler Realty Company, 272 U. S. 365 (1926). Based on concern over Nineteenth Century mixture of industrial plants and residences. Subdivision Regulations Grew out of the Garden City movement inspired by Ebenezer Howard. Advocated decentralized communities with green space. 2
Subdivision regulations Factors Accelerating Separation of Buildings and Uses in the Twentieth Century: But grew into isolated houses on connector streets and cul-de-sacs. The City Beautiful Movement and idealized individual buildings The automobile and the loss of old transit systems The GI Bill of Rights with mortgage assistance The Interstate Highway Act Knights of Columbus The Rise of New Urbanism Inspired by a reaction against urban renewal: Jane Jacobs Advanced by the Federal New Town Program: Columbia & Reston Ultimately defined by the CNU: Seaside, Florida, The Kentlands, Maryland Encouraged by the sustainability movement, i.e., compact design is green Principles of New Urbanism The neighborhood has a center and an edge. Principles of New Urbanism A walkable neighborhood is no more than a quartermile (a 10-minute walk) from center to edge. 3
Principles of New Urbanism The neighborhood has a mix of uses and housing types. It creates a live, work, and play environment. Principles of New Urbanism Buildings and streets together create a sense of space. Principles of New Urbanism So, What s s the Problem? Public spaces and buildings are given priority locations. Eliminating separation of uses and decreasing separations between buildings is illegal. Under current zoning, Mystic could not be rebuilt. So, What s s the Problem? Town road standards mandate wider, faster roadways giving the car priority over pedestrians and other forms of transportation. So, What s s the Problem? The only thing people like less than sprawl is density. Financing and legally documenting the different components are challenging tasks. 4
Conventional v. Form-Based Approach From Parolek, et al., Form Based Codes (Wiley 2007) Use Segregation, Auto Orientation Organized by Use Use is Primary Reactive to Individual Development Proposals Generally Proscriptive Creates Buildings Mixed-use, Walkable, Compact Organized by Spatial Hierarchy Physical Form is Primary Proactive Community Visioning Generally Prescriptive Creates Places Components of a Form-Based Code Regulating Plan Urban / Building Form Standards Public Space Standards Administration Definitions Regular Plan / Conceptual Plan Land Use Plan Context-Specific Components Block Standards Building Type Standards Landscape Standards Architectural Standards Not Exclusive to FBCs Signs Sustainability Regulating Plan Seaside Regulating Plan Street Type-Based Regulating Plans Hercules, CA 5
Frontage-Based Regulating Plans Peoria, IL The SmartCode Created by DPZ Version 9.0 available from www.smartcodecentral.com Works in Progress available from www.smartcodecomplete.com/learn/links Transect as Organizing Mechanism Duany Plater-Zyberk & Company, LLC. Transect-Based Regulating Plans Montgomery, AL Urban Standards Height Location Elements Uses Public Space Standards Parks & Squares Streets Sidewalks Parking Landscaping Architectural Standards Exterior Building Walls Roofs & Parapets Street Walls Garden Walls Windows and Doors Signage Lighting and Mechanical Equipment 6
What s s Happening Locally? Lowell, MA Simsbury (RFP) Hamden SmartCode Groton s MX Zone Groton Plan of Conservation and Development calls for mixed-use zones Combining commercial and residential zones does not work for MX communities. Separation problems between buildings Setback requirements Parking locations Unnecessary public opposition Other ways to skin a cat Comprehensive rewrite of regulations Creation of overlay zone Development of floating zone 7
Pros and cons of floating zone The zoning commission gains control and is comfortable The development can be customized to the area However, the developer invests heavily in designs prior to approval Standards in floating zone: Commercial and residential mix Timing of residential and commercial developments Dimensional standards Mix will depend on area and demand. Establishing the mix: Town will want commercial Developer will want residential Answer: Require a market analysis as part of the application Retail will follow residential Dimensional standards Flexible as possible Set by surrounding neighborhood and desired community Should be based on neighborhood survey Consider phasing 8
A master plan establishes the zone change Based on study of site includes map of project area Identifies land uses Studies traffic impact Provides an environmental analysis Establishes available utilities Contents of the plan Proposed uses and sizes of buildings Proposed roadways, sidewalks and paths Amount and location of parking Recreation space Stormwater management Landscape concepts The plan should be accompanied by a design manual indicating: Dimensional requirements Cross-sections of buildings and streets Road and sidewalk requirements Preliminary building elevations, including architectural elements and floor plans Signage design Landscaping for public spaces The education process The planning staff The environmental group Zoning commission workshop Planning commission Lessons learned Lessons learned during hearing process A picture is worth a thousand words You will need some dimensional requirements, particularly height, buffers, and yards. The commission will want to protect the surrounding neighborhood. 9
The surprise constituency: the politician And how we escape by the skin of our teeth. 10