Form-Based Codes: Start to Finishnypf.org/wp-content/uploads/2018/12/Form-BasedCodes.pdf · 2018....
Transcript of Form-Based Codes: Start to Finishnypf.org/wp-content/uploads/2018/12/Form-BasedCodes.pdf · 2018....
Form-Based Codes: Start to Finish
New York Planning Federation2015 Planning Conference
Outline
• Introduction
• Legal Basis
• Benefits
• De-Constructing the Community
• Adopting Design Standards
• Testimonials – Communities with Design Standards
• Publishing & Interacting with Form Based Codes
Form Based Code Naysayers…
• Dictates the Architecture
• Must be Applied City-Wide
• Template Based Cookie Cutter
• Cost Prohibitive v. Std. Zoning
• Will only work in Historic Districts
• Isn’t Zoning and Doesn’t Address Land Use
• Eliminates ‘Helpful’ Thinking by Staff
• Results in High Density Residential
• Requires Mixed Use in Every Building
• Can’t work with Design Guidelines – Complicates Staff Review
‘Top 10 Misconceptions about form-based codes’, by Tony Perez, Better Cities
and Towns, Sept-Oct 2014, v. 3, no.5.
FBC Adoption Trends
Geographic Distribution
FBC Legal Basis
– Police Powers – Protect the health, safety and welfare…
– Enabling Legislation
– Courts have found local controls over aesthetics and visual impacts legitimately related to police powers
– Must be supported by local comprehensive plans
FBC Legal Basis - GML
– TOWN LAW sec. 261: authority to regulate details of land development and building construction and alteration
– TOWN LAW sec. 262: authority to divide community into zoning districts regulate use, construction, and alteration of land and buildings in those districts
– TOWN LAW sec. 263: zoning & land use legislation must be in conformance with the Comprehensive Plan
Legal Basis – Home Rule
– MHR LAW sec. 10(1)(ii)(a)(11): authority to adopt local laws for protection and enhancement of town’s physical and visual environment
– MHR LAW sec. 10(1)(ii)(a)(11): authority to adopt local laws as provided in the Statute of Local Gov’ts
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Traditional Small Town America
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Traditional Small Town America
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Traditional Small Town America
Euclid vs. Ambler, 1926
The Euclid in
‘Euclidean Zoning’
Characteristics:
• Efficiency
• Standardization
• Segregation of Land Uses
Euclidean Zoning Consequences
Disinvestment in Downtowns
Sterile – loss of charm
Strip Development Encouraged
Sprawl
Segregation of Housing Types
Transportation and Infrastructure
Discouraged Extended Family
Euclidean Zoning Consequences
Euclidean Community Form …
• Segregated land uses related to daily activities, such as home, school, work, shop/eat/bank
• Low-density development, limited housing choices, excessive land consumption and automobile dependency
Euclidean Community Codes …
• Focused on what uses are not allowed, rather than encouraging what the community actually wants
• Applies standards and design requirements generically, in a “one-size-fits-all” manner, throughout the entire community
• Regulations that encourage developers to “max out” the site, at the expense of its architectural detailing and sensitivity to existing context
• Regulates private development, but not the design or character of the streets
Euclidean Main Street
Euclidean Codes Do Not Allow:
• Mixed Residential Neighborhoods
• No Mixed Use Buildings – no one lives downtown!
• Neighborhood commercial – no more mom and pop shops
• Compatible Infill in traditional hamlet & village centers
Euclidean Site Plan
Unattainable Planning Objectives
Local Comprehensive Plan Statement:
• New Development that is consistent with the Historic Patterns of the Community
• Protect the Character of the Community
• Preserve Property Values
• Provides Guidance for Design Professionals
• Can Be Tailored to Transition through Different Community Settings (Downtown, hamlet, residential, Rural)
Development of ‘Neo-Trad’ Codes
Development of ‘Neo-Trad’ Codes
Benefits of Form-Based Code
Results in More Walkable Streets with Mixed Land Uses
Preserves the ‘Sense of Place’ – Site and Architecture forms based on Existing Community
Better Pro-Active Control over the Pattern of Development based on Community Vision
Links Design of Street and Private Realm
Promotes Mixes of Housing Types, Commercial and Allows Mixed Use in Buildings
Examples of successes
Saratoga Springs, New York
http://law.pace.edu/sites/default/files/LULC/Conference_2013/Form%20Based%20Codes%20-%20Russell.pdf
Taking Back Main Street
Taking Back Main Street
Taking Back the Mall Parking Lot
Taking Back the Mall Parking Lot
Taking Back the Mall Parking Lot
Form Based CodesThat Work for You
Meeting Goals and Objectives of the Town Comprehensive Plan:
– Preserve Rural Character
– Maintain/Strengthen Traditional Development Pattern
– Preserve Historic Character
– Manage Access along highways
– Provide for Mixed Use Buildings
– Encourage Growth of Compatible Small Service/Retail
‘De-Constructing’ the Community
Streets (Cross Sections)
– Lane Widths
– Shoulders
– Sidewalk location
– Plantings
– Street Amenities
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Traditional Development
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Street Frontage Treatments
Front Yard
– Curbing location, treatments
– Walks
– Bicycle Paths
– Lighting
– Plantings
– Amenities
– ADA Compliance
Street Frontage Treatments
Site Design/Building Placement
– Placement & Orientation of Entrance
– Front Greenspace, Gardens, Landscape
– Side Yards
– Parking Location
– Floor Elevation
Architectural Standards
– Form, Massing, Orientation, Height,
– Design, Style, Type
– Façade, Fenestration, Entrances, Street Presentation
– Façade Treatments, Signage, Lighting
– Materials, Colors, Architectural Details
– Mechanical/Utility Equipment Placement, Service Area Treatments
Other FBC Standards
– Signage and Wayfinding
– Street Amenities
– Scenic Resources
– Green Infrastructure
– Complete Streets Treatments
– Traditional Mixed Use
Transformational Benefits
Main Street: Before & After?
Transformational Benefits
Main Street: Before & After?
Transformational Benefits
Main Street: Before & After?
Transformational Benefits
Main Street: Before & After?
Adoption Steps
– Comprehensive Plan Update?
– At the Discretion of the Town Board – Code Update
– Develop Draft Code
– State Environmental Quality Review – Type 1 Action
– Public Hearing
– SEQR Findings
– Adopt New Code
– Publish and Interact, Barry Keesan - General Code Publishers
NYPF Annual Conference
April, 2015
Barry Keesan
Accessing and Maintaining Your Code
V6
ACCESS
The 3-Part Code Puzzle
YOU
Access
The 3-Part Code Puzzle
ACCESS
The 3-Part Code Puzzle
o Requirementso Expectationso Anticipating changeo Managing updateso Budget considerations
AGENDA
Access & Maintenance
o Enforceableo Accurate o Accessibleo Up to date
Requirements
ACCESS
ACCESS Issues and Expectations
Current Expectations
o Code Book
ACCESS
o Online eCode
Current Expectations
Code BookOnline eCodeo Enhanced usabilityo Robust searcheso Accessible 24/7o Graphics, tableso Rapid updates
ACCESS
o E-Reader deliveryo Links to non-code info
o e.g., agendas, minutes, legislation
o Content Integrityo On-line formso Links to GIS
parcel info
Emerging ExpectationsACCESS
Data for Zoning
Average eCodehits for a NY municipality:
ACCESS
23,421Per year
4 Million Searcheso Top 10 searcheso Planning/Zoning
__of top 10
Data for Zoning
9
Top Searches
1. Fence
2. Parking
3. Shed
ACCESS
ASK:ACCESS
o What online functions will you have?
o How well will it support your users?
o How quickly will it be updated?
o Will all versions match?
WHEN YOUR NEW CODE IS ADOPTED
Dealing with Change
Zoning Codes Are Growing
Zoning Changes More Often
22% 39%
Zoning Codes Change…
4,600 total updateso 38.8% were Zoning
1,739 municipalitieso 41.5% updated Zoningo Avg. 2 - 3 changes
overallo Some 4 x per month
City of RochesterChanges per Year
2014 15
2013 13
2012 10
2011 10
2010 12
Change Is Constant…
o New districts
Change Is Constant…
o New districtso Dimensionso Useso Images, diagramso Maps
o New districtso Dimensionso Useso Images, diagramso Mapso Terminologyo Clarifying language
Change Is Constant…
o Who will update the Code?
o How quickly?o Will all versions
match?o How much will it
cost?
ASK: WHEN YOUR BOARD ADOPTS NEW LEGISLATION
ACCESS
FINALLY…
YOU
Budget Requirements
$ACCESS
Budget Reqts. - Ongoing
$ACCESS
MAINTENANCE
NYPF Annual Conference
April 13, 2015
Barry Keesan
Accessing and Maintaining Your Code
www.generalcode.com