Agenda - Planning Commission - 10/05/2006

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Natural resource protection becomes less of a priority as a community approaches build out, but environmental and sustainabil- ity issues remain viable. Greenfield sites can have significant environrilental features while built up sites have repla~ed natural features with pavement. Many cities have established requirements or incentives for green buildings and features such as roof gardens to soften the environmental impacts of new structures. The doctrines ahested rights and noncon. forming situations vary from state to state. Vested rights affect the ability of a local govern. ment to apply new land.use regulations to pro. posed but undeveloped sites with some form of development approval. In most states, the doc- trine of nonconforming use law restricts the applicability of new land-use regulations to exist- ing uses, structures, or lots. Greenfield develop- ers are concemed with protecting vested rights as they move through the development process. Vested rights issues tend to be important for developments with long-term, multi phased development proposals. COl'wersely, built up sites might have: existing buildings and uses that are protected as legal noncanforminguses. CALIBRATION New buildings, lots, and parking areas in built up areas must fit into the fabric of an existing neighborhood or corridor. In some communi' ties, these neighborhoods reflect a compact pattern of development that a community would like to continue and whose design prin- ciples produce a coherent, compatible style of development. Calibration is particularly impor- tant for neighborhood conservation districts. In other communities, an existing built .corridor must be retrofitted to conform to current land. use policy. Calibration can be performed for a block, district, or corridor. The calibration process can yield important information for the code update process. This includes desirable or undesirable building forms, lot orientation patterns, and block patterns. If a community pursues a calibration study it is important that it either commit substantial staff time to this effort or establish an adequate budget for out- side consultants. SITE AND BUILDING DESIGN Site design issues for built up communities can vary based on the context. On the smaller lots and blocks that characterize many tradi- tional neighborhoods the massing and scale of individual buildings can have a profound 64 impact on the overall appearance of the block. Along a built out suburban corridor the larger scale of suburbia can provide greater flexibility in redesigning a site to meet updated land-use policies. The presence of neighbors in a more densely settled environment can influence building design and permitted uses. While form-based zoning is an interesting and important trend in regulating uses, residents of densely settled areas are often concerned about the noise, traffic, and property value impacts relating to the use of existing build. ings. The conversion of re?idential structures to offices and service establishments along a busy corridor provides an economic return for property owners but at the same time alters the residential character of neighborhoods. INFRASTRUCTURE AND DRAINAGE The street and utility network in built up areas is typically established when an application for development approval is filed. However, applications for street vacations or the resub- division of existing lots can impairthe con- nectivitY of existing street and alley systems. In addition, the development of stand-alone stores along established street corridors can increase traffic levels. Communities can require connections to the existing street and alley system and interparcel access to main. tain or improve connectivity. If new ease- ments or access routes across existing prop- erty are required the regulations should be written in a way that complies with constitu- tional nexus standards for exactions. Stormwater management provides a unique challenge for existing developed sites. The land area available for conventional stormwater treatment, such as detention or retention basins. is often limited. The ability to diffuse stormwater flows over natural areas using low-impact design or other features can be constrained by available land and the lack of vegetative cover. In addition, existing drainage ditches along built out suburban corridors can inhibit land-use policies that encourage pedes- trian or transit-friendly development patterns. LANDSCAPING AND BUFFERS As with stormwater management systems, the landscaping used to buffer or to soften the impact of new suburban development can be restricted by available land in a built up context. In addition, suburban-oriented development reg- ulations that require land to be set aside for stormwater management or landscaping can hamper the development of small sites in urban locations. Street tree requirements, compatible massing of buildings, and site orientation stan- dards are a preferable way to address use.to.use relationships in built up urban places. . PARKING Parking regulations have a significant impact on travel behavior and the appearance of suburban corridors. In built up areas, regulations that require excessive amounts of land for on-site parking can inhibit development, result in site and building design that is out of context with the neighborhood, and establish barriers to pedestrian movements. At the same time, maiw residents of urban neighborhoods want to avoid spillover parking, and existing businesses fear their spaces will be taken by residents or visitors to th~ neighborhood, and not by customers. Planning and Urban Design Standards Oohn Wiley & Sons, Inc., 2006) provides a number of regulatory solutions to avoid an oversupply of surface parking in built up areas, which include: . Shared parking. Shared parking allows adjacent land uses to share parking lots as long as the parking deman_ds occur at dif. ferent times. . Parking caps. Communitiesmav-want to establish maximum parking requirements. at least in designated locations where transit is available or special community character issueS apply. Maximum parking require' ments place a cap on the amount of parking a land use can provide. An incentive to use other means of transport in lieu of automo- biles may result if maximum parking require- ments reduces the number of available spaces. As an altemative, jurisdictions can require parking above a threshold limit to be made of a pervious pavement, turf, or oth er surface. Structured parking is often exempt from maximum parking requirements be- cause it consumes less land area. . Rear parking requirements. Rear parking minimizes the view of parking lots by plac; ing the lot behind the principal buildings. Many jurisdictions require commercial and office uses to place parking in the rear to create a peqestrian streetscape, encourage transit usage, and to create a "town center" feel to shopping and employment areas. . Reduce parking to accommodate altema- tives. Reduce or cap parking requirements where transit is available. Where an appli- cation includes the mixing of uses or build- ZONING PRACTICE 8.06 AMERICAN PLANNING ASSOCIATION I page 4