cba mixed use and form based zoning_bates

8/10/2019 CBA Mixed Use and Form Based Zoning_Bates

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MIXEDMIXED--USEUSE

ANDAND

FORMFORM--BASED ZONINGBASED ZONING

Connecticut Land Use AcademyHot Topics in Land Use Conference

November 1, 2008Timothy Bates*Timothy Bates*

*Robert*Robert SitkowskiSitkowski, Esq., assisted with preparation materials, Esq., assisted with preparation materials

Definition of MixedDefinition of Mixed--UseUse

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 HavenNinth Square, New HavenDefinition of FormDefinition of Form--Based ZoningBased 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

TheThe KentlandsKentlands Why should you care?Why should you care?

A. Housing demand

B. Demographics

C. Sprawl


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Traditional Zoning Forms:Traditional Zoning Forms:

Site plans

Subdivisions

Both automobile-oriented

Neither create a sense of community

Strip CommercialStrip Commercial

SingleSingle--Family SubdivisionsFamily SubdivisionsZoned separation of usesZoned separation of uses

Zoned separation of usesZoned separation of uses

Embodied in the ZoningEnabling Act (1922)

upheld inEuclid v.Ambler Realty Company,272 U. S. 365 (1926).

Based on concern overNineteenth Centurymixture of industrialplants and residences.

Subdivision RegulationsSubdivision Regulations

Grew out of the

Garden City

movement inspired

by Ebenezer

Howard.

Advocated

decentralized

communities with

green space.


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Subdivision regulationsSubdivision regulations

But grew into

isolated houses on

connector streets and

cul-de-sacs.

Factors Accelerating Separation ofFactors Accelerating Separation of

Buildings and Uses in the TwentiethBuildings and Uses in the Twentieth

Century:Century:

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 ColumbusKnights of Columbus The Rise of New UrbanismThe 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 UrbanismPrinciples of New Urbanism

The neighborhood has

a center and an edge.


A walkable

neighborhood is nomore than a quarter-

mile (a 10-minute

walk) from center to

edge.


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The neighborhood has

a mix of uses and

housing types. It

creates a live, work,

and play

environment.


Buildings and streets

together create a sense

of space.


Public spaces and

buildings are given

priority locations.

So, WhatSo, Whats the Problem?s the Problem?

Eliminating

separation of uses and

decreasing

separations between

buildings is illegal.

Under current zoning,

Mystic could not be

rebuilt.


Town road standards

mandate wider, fasterroadways giving the

car priority over

pedestrians and other

forms of

transportation.


The only thing people like less than sprawl is

density.

Financing and legally documenting the different

components are challenging tasks.


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Conventional v. FormConventional v. Form--Based ApproachBased Approach

From Parolek, et al.,From Parolek, et al.,Form Based CodesForm Based Codes

(Wiley 2007)(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 FormComponents of a Form--Based CodeBased Code

Regulating Plan

Urban/ Building

Form Standards

Public Space Standards

Administration

Definitions

ContextContext--Specific ComponentsSpecific Components

Block Standards

Building Type Standards

Landscape Standards

Architectural Standards

Not Exclusive to FBCs

Signs

Sustainability

Regular Plan / Conceptual Plan Land Use Plan

Regulating Plan

Seaside Regulating PlanSeaside Regulating PlanStreet TypeStreet Type--Based Regulating PlansBased Regulating Plans

Hercules, CAHercules, CA


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FrontageFrontage--BasedBased

Regulating PlansRegulating Plans

Peoria, ILPeoria, ILTheThe SmartCodeSmartCode

Created by DPZ

Version 9.0 available from www.smartcodecentral.com

Works in Progress available fromwww.smartcodecomplete.com/learn/links

Transect as Organizing Mechanism

DuanyPlater-Zyberk&

Company,

LLC.

TransectTransect--Based Regulating PlansBased Regulating Plans

Montgomery, ALMontgomery, AL

Height

Location

Elements

Uses

Urban StandardsUrban Standards

Public SpacePublic Space

StandardsStandards

Parks & Squares

Streets Sidewalks

Parking

Landscaping

Exterior Building Walls

Roofs & Parapets Street Walls

Garden Walls

Windows and Doors

Signage

Lighting and

Mechanical Equipment

ArchitecturalArchitectural

StandardsStandards


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WhatWhats Happening Locally?s Happening Locally?

Lowell, MA

Simsbury (RFP)

Hamden SmartCode

Grotons MX

Zone

Groton Plan of

Conservation and

Development calls for

mixed-use zones

Combining commercial and residentialCombining commercial and residential

zones does not work for MXzones does not work for MX

communitiescommunities..

Separation problems between buildings

Setback requirements

Parking locations

Unnecessary public opposition

Other ways to skin a catOther ways to skin a cat

Comprehensive re-

write of regulations

Creation of overlay

zone

Development of

floating zone


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Pros and cons of floating zonePros 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:Standards in floating zone:

Commercial and

residential mix

Timing of residential

and commercial

developments

Dimensional standards

Mix will depend on area and demand.Mix will depend on area and demand.Establishing the mix:Establishing the mix:

Town will want

commercial

Developer will want

residential

Answer: Require a

market analysis as

part of the application

Retail will follow residentialRetail will follow residential

Consider phasing

Dimensional standardsDimensional standards

Flexible as possible

Set by surroundingneighborhood and

desired community

Should be based on

neighborhood survey


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A master plan establishes the zoneA master plan establishes the zone

changechange

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 planContents 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 aThe plan should be accompanied by a

design manual indicating: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 processThe education process

The planning staff

The environmental

group

Zoning commission

workshop

Planning commission

Lessons learnedLessons learned

You will need some dimensional requirements,particularly height, buffers, and yards.

The commission will want to protect thesurrounding neighborhood.

Lessons learned during hearing processLessons learned during hearing process

A picture is worth a thousand words


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The surprise constituency: theThe surprise constituency: the

politicianpolitician

And how we escape by the skin of our teeth.

cba mixed use and form based zoning_bates

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