Transcript Form-Based Codes: Start to Finish New York Planning Federation 2015 Planning Conference.

Form-Based Codes: Start to Finish
New York Planning Federation
2015 Planning Conference
Outline
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Introduction
Legal Basis
Benefits
De-Constructing the Community
Adopting Design Standards
Testimonials – Communities with Design Standards
Publishing & Interacting with Form Based Codes
Form Based Code Naysayers…
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Dictates the Architecture
Must be Applied City-Wide
Template Based Cookie Cutter
Cost Prohibitive v. Std. Zoning
Will only work in Historic Districts
Isn’t Zoning and Doesn’t Address Land Use
Eliminates ‘Helpful’ Thinking by Staff
Results in High Density Residential
Requires Mixed Use in Every Building
Can’t work with Design Guidelines – Complicates Staff Review
‘Top 10 Misconceptions about form-based codes’, by Tony Perez, Better Cities
and Towns, Sept-Oct 2014, v. 3, no.5.
FBC Adoption Trends
Geographic Distribution
FBC Legal Basis
– Police Powers – Protect the health, safety and welfare…
– Enabling Legislation
– Courts have found local controls over aesthetics and visual impacts
legitimately related to police powers
– Must be supported by local comprehensive plans
FBC Legal Basis - GML
– TOWN LAW sec. 261: authority to regulate details of land development
and building construction and alteration
– TOWN LAW sec. 262: authority to divide community into zoning
districts regulate use, construction, and alteration of land and buildings in
those districts
– TOWN LAW sec. 263: zoning & land use legislation must be in
conformance with the Comprehensive Plan
Legal Basis – Home Rule
– MHR LAW sec. 10(1)(ii)(a)(11): authority to adopt local laws for
protection and enhancement of town’s physical and visual
environment
– MHR LAW sec. 10(1)(ii)(a)(11): authority to adopt local laws as
provided in the Statute of Local Gov’ts
Traditional Small Town America
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Traditional Small Town America
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Traditional Small Town America
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Euclid vs. Ambler, 1926
The Euclid in
‘Euclidean Zoning’
Characteristics:
• Efficiency
• Standardization
• Segregation of Land Uses
Euclidean Zoning Consequences
Disinvestment in Downtowns
Sterile – loss of charm
Strip Development Encouraged
Sprawl
Segregation of Housing Types
Transportation and Infrastructure
Discouraged Extended Family
Euclidean Zoning Consequences
Euclidean Community Form …
• Segregated land uses related
to daily activities, such as
home, school, work,
shop/eat/bank
• Low-density development,
limited housing choices,
excessive land consumption
and automobile dependency
Euclidean Community Codes …
• Focused on what uses are not allowed, rather than encouraging what the
community actually wants
• Applies standards and design requirements generically, in a “one-size-fitsall” manner, throughout the entire community
• Regulations that encourage developers to “max out” the site, at the
expense of its architectural detailing and sensitivity to existing context
• Regulates private development, but not the design or character of the
streets
Euclidean Main Street
Euclidean Codes Do Not Allow:
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Mixed Residential Neighborhoods
No Mixed Use Buildings – no one lives downtown!
Neighborhood commercial – no more mom and pop shops
Compatible Infill in traditional hamlet & village centers
Euclidean Site Plan
Unattainable Planning Objectives
Local Comprehensive Plan Statement:
• New Development that is consistent with the Historic Patterns of the
Community
• Protect the Character of the Community
• Preserve Property Values
• Provides Guidance for Design Professionals
• Can Be Tailored to Transition through Different Community Settings
(Downtown, hamlet, residential, Rural)
Development of ‘Neo-Trad’ Codes
Development of ‘Neo-Trad’ Codes
Benefits of Form-Based Code
Results in More Walkable Streets with Mixed Land Uses
Preserves the ‘Sense of Place’ – Site and Architecture forms based on
Existing Community
Better Pro-Active Control over the Pattern of Development based on
Community Vision
Links Design of Street and Private Realm
Promotes Mixes of Housing Types, Commercial and Allows Mixed Use in
Buildings
Examples of successes
Saratoga Springs, New York
http://law.pace.edu/sites/default/files/LULC/Conference_2013/Form%20Based%20Codes%20-%20Russell.pdf
Taking Back Main Street
Taking Back Main Street
Taking Back the Mall Parking Lot
Taking Back the Mall Parking Lot
Taking Back the Mall Parking Lot
Form Based Codes
That Work for You
Meeting Goals and Objectives of the Town Comprehensive Plan:
– Preserve Rural Character
– Maintain/Strengthen Traditional Development Pattern
– Preserve Historic Character
– Manage Access along highways
– Provide for Mixed Use Buildings
– Encourage Growth of Compatible Small Service/Retail
‘De-Constructing’ the Community
Streets (Cross Sections)
– Lane Widths
– Shoulders
– Sidewalk location
– Plantings
– Street Amenities
Traditional Development
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Street Frontage Treatments
Front Yard
– Curbing location, treatments
– Walks
– Bicycle Paths
– Lighting
– Plantings
– Amenities
– ADA Compliance
Street Frontage Treatments
Site Design/Building Placement
– Placement &
Orientation of
Entrance
– Front Greenspace,
Gardens, Landscape
– Side Yards
– Parking Location
– Floor Elevation
Architectural Standards
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Form, Massing, Orientation, Height,
Design, Style, Type
Façade, Fenestration, Entrances, Street Presentation
Façade Treatments, Signage, Lighting
Materials, Colors, Architectural Details
Mechanical/Utility Equipment Placement, Service Area Treatments
Other FBC Standards
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Signage and Wayfinding
Street Amenities
Scenic Resources
Green Infrastructure
Complete Streets Treatments
Traditional Mixed Use
Transformational Benefits
Main Street: Before & After?
Transformational Benefits
Main Street: Before & After?
Transformational Benefits
Main Street: Before & After?
Transformational Benefits
Main Street: Before & After?
Adoption Steps
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Comprehensive Plan Update?
At the Discretion of the Town Board – Code Update
Develop Draft Code
State Environmental Quality Review – Type 1 Action
Public Hearing
SEQR Findings
Adopt New Code
Publish and Interact, Barry Keesan - General Code Publishers
Accessing and
Maintaining
Your Code
NYPF Annual Conference
Barry Keesan
April, 2015
V6
The 3-Part Code Puzzle
YOU
ACCESS
The 3-Part Code Puzzle
Access
The 3-Part Code Puzzle
ACCESS
AGENDA
Access & Maintenance
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Requirements
Expectations
Anticipating change
Managing updates
Budget considerations
Requirements
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Enforceable
Accurate
Accessible
Up to date
ACCESS
Issues and Expectations
ACCESS
ACCESS
Current Expectations
o Code Book
o Online eCode
ACCESS
Current Expectations
Code Book
Online eCode
o Enhanced usability
o Robust searches
o Accessible 24/7
o Graphics, tables
o Rapid updates
ACCESS
Emerging Expectations
o E-Reader delivery
o Links to non-code info
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e.g., agendas, minutes,
legislation
o Content Integrity
o On-line forms
o Links to GIS
parcel info
ACCESS
Data for Zoning
Average eCode
hits for a NY
municipality:
23,421
Per year
ACCESS
Data for Zoning
4 Million Searches Top Searches
o Top 10 searches
o Planning/Zoning
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9 top 10
1. Fence
2. Parking
3. Shed
ACCESS
ASK:
WHEN YOUR NEW
CODE IS ADOPTED
o What online
functions will you
have?
o How well will it
support your users?
o How quickly will it
be updated?
o Will all versions
match?
Dealing with Change
Zoning Codes Are Growing
Zoning Changes More Often
22%
39%
Zoning Codes Change…
City of Rochester
Changes per Year
2014
15
2013
13
2012
10
2011
10
2010
12
4,600 total updates
o 38.8% were Zoning
1,739 municipalities
o 41.5% updated Zoning
o Avg. 2 - 3 changes
overall
o Some 4 x per month
Change Is Constant…
o New districts
Change Is Constant…
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New districts
Dimensions
Uses
Images, diagrams
Maps
Change Is Constant…
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New districts
Dimensions
Uses
Images, diagrams
Maps
Terminology
Clarifying language
ASK:
WHEN YOUR BOARD
ADOPTS NEW LEGISLATION
o Who will update
the Code?
o How quickly?
o Will all versions
match?
o How much will it
cost?
FINALLY…
YOU
ACCESS
Budget Requirements
$
ACCESS
Budget Reqts. - Ongoing
MAINTENANCE
$
ACCESS
Accessing and
Maintaining
Your Code
NYPF Annual Conference
Barry Keesan
April 13, 2015
www.generalcode.com