Agenda - Planning Commission - 03/01/2012

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dal purposes and specialized sign controls for that area. In addition to reducing the number of overlay districts, Philadelphia's approach also grouped the remaining over- lays in one section of the code. Not only do all of the overlay districts now appear in one chapter of the new code, but all neighbor- hood commercial area overlays now appear in the NCA subchapter of the overlay district chapter. PITFALLS TO AVOID As these examples show, it is possible to simplify development codes by consoli- dating similar zone districts, but there are several practices that can make the job easier and increase your chances of success. Some cities have explored consolidating, their higher density multifamily zones with tower intensity commercial zones as part of a mixed use strategy. First, be careful consolidating residen- tial zones. Commercial property owners use their property for business and can often support any consolidation that preserves or improves their business options and prop- erty values. But neighborhood residents often own their property because they like the "feel" of the neighborhood and don't want that to change. Allowing more uses and more density are often unpopular re- gardless of whether they increase flexibility and property values. The key in residential district consolidation is to find ways to reinforce the established character without needing a separate district for each platting pattern. This caveat about residential zones is particularly applicable when a new building type will become available -- -for example, when the consolidation will allow two- family structures in some previously single - family districts or town houses in a previously one- and two - family district. Generally, new types of residential struc- tures need different dimensional or form standards (often a minimum lot area per unit or a waiver of side setbacks in the case of town houses), so be sure. to address those in the dimensional standards for the new district. Although Duluth did not need to carry over a spacing requirement to as- suage concerns about the new availability of two - family residences in a single - family district, that is one option that could be used to protect the current character of the area. Similarly, some consolidated districts that introduce town houses into lower den- sity districts cap the number of adjacent town houses that can be constructed in a block (i.e., no more than six attached units permitted in a single structure). Second, consolidate through "upzon- ings" rather than "downzonings" whenever possible. As long as the consolidated district allows the same or more opportuni- ties for development and redevelopment as before, there is little chance of losing a lawsuit over regulatory takings. That doesn't mean the threat won't be bandied about —it usually is —but it will be bandied about less. Using the smallest minimum lot sizes and widths applicable in the included zones (as Winnipeg and Duluth did) also re- duces the creation of nonconformities (i.e., lots, structures, or uses that met the re- quirements of the old code but don't com- ply with the new code). Upzonings can also increase opportunities for reinvestment and enhance the range of housing options available in the neighborhood. If some of the higher intensity commercial uses that will become available through consolida- tion create concern, make them conditional uses subject to a hearing (but clarify that existing uses of that type will be deemed to have already received a permit). Third, commercial and industrial districts often offer significant opportuni- ties for consolidation. The menu of those districts in older codes often reflects the idiosyncratic order in which shopping mall, business park, lifestyle center, and main street developers appeared on the scene rather than how many districts the city needs in order to regulate commercial and industrial development. In recent years many cities have recognized that they only need three or four industrial districts —usu- ally (1) a light industry /mixed use/business park /research park district, (2) a general manufacturing /processing/assembly dis- trict, (3) a district for heavier operations using hazardous materials or procedures or unavoidable environmental and neigh- borhood impacts, and (4) sometimes a planned industrial development district. Milwaukee, Minneapolis, and Seattle now use menus of industrial districts following this pattern. In older codes commercial districts have often proliferated even more than in- dustrial districts (as the Philadelphia case study shows). increasingly, commercial dis- tricts are being consolidated to focus more on the scale of development (both the size of individual buildings and the maximum size of uses within buildings) rather than Increasingly, commercial districts are being consolidated to focus more on the scale of development rather than the list of permitted uses. the list of permitted uses. There is a big difference between a io,000- square -foot neighborhood hardware store and a Home Depot superstore, so saying that "hardware stores" are only allowed in more intense commercial districts may not make sense. You can allow small stores in lower den- sity districts and bigger stores and more intense commercial areas. In addition, some cities have explored consolidating their higher density multifamily zones with lower intensity commercial zones as part of a mixed use strategy. Duluth did just that when it combined its R -4 (dense apart- ments) and C -i (neighborhood scale com- mercial retail) zones. Fourth, it may not be worth trying to consolidate "one -off" special purpose dis- tricts like those specifically designed for casinos, stadiums, waterfronts, airports, or ports. While it may seem a waste to keep a lengthy chapter of the code devoted to ZONINGPRACTICE 2.12 AMERICAN PLANNING ASSOCIATION I page 6