Agenda - Planning Commission - 05/03/2018

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Living with Your Form -Based Code By Nancy Stroud, AICP, and Elizabeth Garvin, AICP Form -based codes (FBCs) have been avail- able as a zoning approach in various incarnations for about 3o years. According to the Code Study, a collaborative effort to track the development and adoption of. form -based codes, as of February zoi7, there were 654 codes that met the criteria for form - based codes established by the Form -Based Codes Institute, 344 of which have been adopted. While the study lists codes from 48 states, more than one-third ofall form -based codes in the U.S. are in just four states: Florida, California, Texas, and Virginia. So, depending on where you work as you read this, you may not have seen a form -based code in action in your part of the world yet. Like previous "new" approaches to zoning, such as planned unit development, perfor- mance zoning, and conditional zoning, this design -based method of regulation has moved along the zoning continuum from its outsider start to its current status as a fairly mainstream and well -recognized tool. Many in the planning and design commu- nity recognize the value of form -based codes in providing improved regulatory specificity about the built environment. A great deal of time and effort on the part of planners, devel- opers, architects, and the community goes into adopting a new form -based code. Waiting offstage and outside of the footlights, though, is the drama of implementing and using the new regulations. Most communities have the systems in place to implement an updated traditional code. Form -based codes, however, are more than a little different than traditional codes when it comes to project review. If a community's current application review pro- cess is not already heavily design oriented, the process and the people involved in the process may need to change to accommodate the new review requirements. This article will focus on preparing for and living with the day-to-day administration of a form -based zoning code. After a brief description of the typical form -based code, we will discuss how to introduce the code to essential internal and external users, with a particular emphasis on training (for both staff and the development community), educa- tion of elected and appointed officials, and vigorous public outreach and communica- tion. Then we'll explore a variety of situations where conflicts often arise during the devel- opment review process, and what practical methods may address and resolve them. Finally, we'll discuss the process of adjusting the new code as necessary and appropriate. IMPLEMENTATION STARTS WITH DRAFTING The FBC implementation process starts with keeping track of the multiple changes from a traditional to a form -based regulatory approach that are made during the drafting process and that will be reflected in both how a site is designed and how it is reviewed. These changes can be generally categorized as changes that need to be highlighted and changes that need to be taught. For example, changing from a setback line to a build -to line may just need to be illustrated in the regula- tions and highlighted through the public outreach process. Changing from a setback line to a block -based contextual setback may need to be taught. Teaching should take place throughout the drafting process, should be the subject of focus in post -adoption training, and can best be supplemented with a user's manual that is produced in conjunction with the new regulations. Components of Form -Based Codes A typical form -based code has three key component parts; the careful drafting of each is critical to ensuring a (more) smooth imple- mentation process. The Regulating Plan is comparable to an area plan or specific plan that establishes a very specific future development map. A regulating plan has characteristics similar to - a detailed development plan or preliminary plat. The only difference is that creation of the regulating plan usually precedes develop- ment, whereas the development or plat are part of the approval process. The regulating plan pulls together both the building form standards and the public space standards described below and applies them to the com- munity, typically at the lot or block level. Unlike many site -layout regulations in a traditional zoning code, particularly an older zoning code, which are either generally applicable or mix -and -match depending on the use, form -based regulations are place specific. A clear regulating plan helps both staff and the applicant apply the correct regulations to the parcel. Where a commu- nity chooses not to adopt regulating plans, it is critical to identify how the various parts of the form regulations work together so an applicant understands, for example, that an urban form frontage cannot be mixed with a suburban form parking lot design. Building Form Standards are the regula- tory requirements for the various individual building types recognized in the commu- nity. Many of the standards contained in the building envelope standards are also included in traditional regulations, but the physical design focus of form -based codes elevates the importance of these standards. RRAARY$TREE7 This illustration from Denver's zoning code highlights select building,form standards for,shopfront buildings in an Urban Neighborhood Context. ZONINGPRACTICE 448 AMERICAN PLANNING ASSOCIATION f page 2