|
Zeigler, admitted that Kendig warned them that altering ratios
<br /> and multipliers was a tricky business.
<br /> Ultimately, the multiple amendments rendered the ordinance
<br /> user-unfriendly. Officials in Queen Anne's County made the
<br /> decision to adopt a more comprehensible land-use policy. A
<br /> traditional ordinance is now in preparation by the staff.
<br /> Pocatello, Idaho, officials went through a similar experience
<br /> with an ordinance adopted in 1981. It included performance
<br /> standards for residential development and used open space
<br /> multipliers based on a site's physical geography, surrounding
<br /> uses, and other factors to determine maximum densities and
<br /> minimum lot sizes. Like Queen Anne's County planners,
<br /> Pocarello officials found it difficult to administer and too
<br /> complicated to explain to users. Two years ago, the staff
<br />. initiated a major revision to simplify the ordinance. Some
<br /> performance standards were kept as regulatory requirements,
<br /> but the ordinance ultimately adopted a more conventional
<br /> Euclidean format. In addition, the authors of.the new
<br /> provisions are attempting, in their words, to "reduce the
<br /> verbiage and jargon" and make the code more user-friendly.
<br /> Largo's planning director, Richard Goss, observed that the
<br /> Class 2 "flexible" zoning option was regarded as cumbersome
<br /> and complicated for planners and developers alike, accounting
<br /> for its infrequent use by property owners.
<br /> "Conventional Plus" Zonlng. Communities replacing
<br />performance-based ordinances with conventional zoning
<br />approaches are not dropping performance standards altogeiiher.
<br />In fact, a look at the new ordinances reveals that such standards
<br />continue to play a major role in guiding development, echoing
<br />the assimilation of performance provisions in zoning ordinances
<br />nationwide. Over the past two decades, the science of zoning
<br />techniques has matured as planners have gained experience with
<br />performance measures such as open space ratios, floor area
<br />ratios, buffers, and impervious surface ratios. Clustering and
<br />hillside provisions, mixed-use districts, and stream valley
<br />protection requirements, which often function much like
<br />performance measures, have become commonplace. In
<br />returning to conventional zoning formats, communities are
<br />retaining many of the same performance measures seen in their
<br />previous ordinances.
<br /> In Fort Collins, for example, most of the previous
<br />performance criteria and standards are incorporated into the
<br />new ordinance. Criteria formerly used to evaluate proiects by
<br />assigning points for approval are now requirements for project
<br />ratification. The old performance standard for landscaping, for
<br />example, asked planners how the landscape plan supported
<br />functional needs such as visual screening and climate control.
<br />;Fhey also had to determine how the standards enhanced the
<br />aesthetic appearance of the site and neighborhood and how they
<br />integrated and buffered existing natural areas. Four pages of
<br />potential examples illustrated ways to achieve that criterion.
<br /> In the new ordinance, 11 pages of landscape provisions are
<br />spelled out as requirements, providing for tree preservation and
<br />replacement, minimum diversity proportions for plant species,
<br />specific buffer techniques, and other detailed provisions. Some
<br />flexibility in .decision making is retained, however, through the
<br />use of "alternative compliance options" and standards as
<br />minimum requirements, which can be exceeded as appropriate.
<br />In addition, each residential zoning district establishes an
<br />average density that allows density variations within a site.
<br /> Tallahassee and Leon County, Florida, adopted joint zoning
<br />in 1992 that reflected comprehensive planning policies calling
<br />for mixed-use development. The zoning placed 70,000 acres
<br />
<br />(about 44 percent of the planned urban service area) in mixed-
<br />use zoning categories that incorporated performance factors
<br />such as impacts on adjacent uses and facilities. Three years later,
<br />city and county officials concluded that the approach was faulty,
<br />due in part to the unpredictability of allowable land uses. The
<br />results were delays for developers, uncertainty for residential
<br />neighbors, and a contentious review for zoning administrators.
<br />The comprehensive plan was revised to allow for nine types of
<br />development patterns within mixed-use areas. Armed with a
<br />new GIS data system that assured accurate rezoning, the
<br />planning staffproposed 23 new zoning districts. The new
<br />zoning became effective on November 1, 1997. Although the
<br />new districts will be prescriptive in nature, they will continue to
<br />permit some flexibility of use in conformance with the
<br />comprehensive plan.
<br /> Largo's ordinance revisions retained the concept of buffers
<br />but rewrote the requirements to enlarge them and add more
<br />landscaping. Largo planners will also continue mitigating
<br />impacts to achieve compatibility between old and new uses. The
<br />new ordinance requires developers to meet with neighborhood
<br />residents and it furnishes some ground rules for the discussions
<br />that, as planner Rick Goss puts it, "take a lot of the political
<br />crap out of the process."
<br /> ' The new ordinance in Queen Anne's County will use a
<br />different, but growing, technique to allow flexibility:
<br />conditional zoning provisions. If spelled out in the ordinance,
<br />these provisions permit many uses within various districts. They
<br />must meet certain criteria, however, which can be written as
<br />performance measures. Some ordinances simply provide a list of
<br />such factors to be considered in the approval process.
<br />
<br /> Telephone
<br />Community Number
<br />
<br />Breckenridge, Colorado
<br />Flagstaff, Arizona
<br />Fort Collins, Colorado
<br />Hardin County, Kentucky
<br />Lake County, Illinois'
<br />Largo, Florida
<br />PocatelJo, Idaho
<br />Queen Anne's County, Maryland
<br />TaJlahassee, Florida
<br />
<br />970-453-3160
<br />602-774-5281
<br />970-221-6750
<br />502-769-5479
<br />847-360-6330
<br />813-587-6700
<br />208-234-6184
<br />410-758-I 255 ·
<br />850-891-8600
<br />
<br /> Conventional zoning in many communities, therefore,
<br />appears to be assimilating performance criteria and standards in
<br />a variety of forms, making them less conventional, but more
<br />flexible, in application.
<br />
<br />The Hardy Few
<br />Of the nine communities contacted, Breckenridge and Flagstaff
<br />have retained their performance-based zoning. Breckenridge's
<br />development code, adopted in 1978, divides the town into 42
<br />districts for which land-use guidelines specify such factors as
<br />intensity of use and acceptable uses. All projects are subjected to
<br />evaluation using 30 absolute and 11 relative policies that create
<br />a point score. Projects may add amenities, design features, and
<br />extra infrastructure improvements to offset negative qualities.
<br />According to Mark Leidal, the director of current planning, the
<br />
<br />
<br />
|