Agenda - Planning Commission - 05/03/2018

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Definitions. Accurate definitions are critical to the code's usability. All terms of art should be included in definitions. Definitions should not contain regula- tions or commentary. Regulations should appear in the relevant sections of the code; commentary should appear in state- ments of purpose or in supplementary, nonregulatory publications such as vision statements or guides. Graphics. Form -based codes rely heavily, and with great effect, on graphics. Tables, charts, and illustrations often can efficiently communicate standards more understandably than words. The code should be very clear about when graphics are explanatory and illustrative rather than regu- latory, and captions for the graphics are very helpful in providing this clarity. TESTING YOUR FORM -BASED CODE Prior to adopting the code, and throughout the process of drafting, the various provi- sions of the code should be put through testing scenarios. Testing will identify where the code is unclear or not effective. It will also highlight those types of reviews that may require additional staff training or com- munity education. Test the code for the types of standard and high -profile development applications that the community expects, or hopes, to be reviewed. Certainly, the administrative staff that will be responsible for implementing the code should be involved in applying the newly drafted code to various development application scenarios. Planners, zoning technicians, building permit officials, and code enforcement personnel are examples of people who need to understand the code before its adoption, so they can alert the drafters to potential administrative issues. Staff should be asked "what is the worst (and best) result that can be cre- ated with this process or standard?" as well as "how can we make it work better?" Testing by the end users of the code —the applicants and their professional con- sultants —will also alert the drafters of potential glitches in the code. We also sug- gest that laypersons should be involved in the testing, to learn how usable and understandable the code is to the general community, including residents and home owners who are likely to pay attention to potential future development. ADMINISTRATIVE PREPARATION The new regulations will need to be rolled out both internally and externally. There are several ways in which the rollout of the new code can be made more successful for both audiences through advance training of staff and advance preparation of guides and forms. Internal Administration The design -centric nature of the form -based code may require additional training for the existing staff, and additional expertise to supplement their skill sets. Administrators across departments may need to learn new concepts and must become familiar with new regulations and tools. Participation in the development and testing of the new code by existing staff —across departments —can identify where the gaps in expertise and experience lie. This early identification and planning for additional or different assis- tance will prepare the administration for budget impacts as well. The new code certainly will require new or revised application forms and review and comment sheets. It will be useful to create a review sheet for each project type, identifying relevant code provisions, provid- ing necessary interpretations (or changes to the draft), and flagging issues that may need special attention or items that need other departmental reviews. Charts that compare the old and new provisions can guide the transition for staff and other users. Implementation of the new code may also require new or updated computer software for intake, processing, and records retention. If a local government relies on its website to provide project submission and review infor- mation, this is the time they should update that information. Communities can use the creation of an application form and checklist as an inter- nal education tool to identify places where interpreting and applying the form -based regulations is straightforward and places where more education, better graphics, and perhaps code amendment will be helpful to staff. And where code changes are helpful to improve staff understanding, they are usually also helpful to the development community. A good application form and checklist go beyond requiring a generic site plan and instead provide guidance about navigat- ing the regulations. Creating a detailed checklist may seem like an unnecessary use of staff time when it is the applicant's responsibility to follow the code. We dis- agree. A good application checklist directs the applicant to self-help and reduces the number of times that an applicant will call or stop by with questions. This frees staff to help with complex design issues or to work on other projects. The checklist should: (1) identify all of the required contents of the plan, preferably with short descriptions and references to relevant code sections so the applicant can refer back to the code if nec- essary; (2) distinguish requirements that may not be applicable to all developments (e.g., FAR is not measured on residential sites, or supplemental landscape standards are applicable along specific streets); and (3) provide the applicant with a guide to relevant choices, such as identifying spe- cifically applicable subarea regulations (while also asking the applicant to identify where they have made relevant choices; for example, identifying where the applicant has provided a sufficient amount of afford- able housing to opt into a square -footage bonus for a commercial structure). Some examples of detailed submis- sion checklists include Arlington County, Virginia's Columbia Pike Form Based Code Development Application; Malta, New York's FBC Project Application Checklist; and Colo- rado Springs, Colorado's FBZ Development Plan Application Requirements. At this point in the process, it is also prudent to analyze whether the new code would be better implemented with restruc- tured review bodies, or whether board member qualifications need to be changed. Should new board members be appointed? Can those community members active in the development and adoption of the code become board members who help to ensure the success of the code? Putting these changes in place before or concurrent with the new code adoption helps to position the community for better outcomes. For everyone involved in the implemen- tation of the new code, including the staff, board members, and elected officials, a user's guide to the code will be very helpful. Some communities adopt the code with a narrative supplement to the effect of "how to use this code." This walks the reader, in layperson's language, through the basic process of determining which regulations ZONINGPRACTICE 4.18 AMERICAN PLANNING ASSOCIATION [page 4