Results tagged “Zoning”

Ancel Glink & Houseal Lavigne Planning Law and Practice CM Event

Friday, June 22 8:30am - 12:00pm
NIU Naperville
1120 E. Diehl Road, Naperville, IL 60563
RSVP: Kathy Cook (kcook@ancelglink.com or 309-828-1990)

Land Use Law Update CM |1.5 | Law
Ancel Glink attorneys will discuss best practices for zoning hearings, and how new legislation expressly authorizes communities to adopt rules of procedure to assist in the management of ordinary and complex zoning applications. Participants will also learn about the latest cases affecting planning and zoning officials, analyzing emerging issues under the Second Amendment, takings claims by billboard owners, limits to local regulation of telecommunications facilities, and more.

Zoning Practice Visualization CM |1.5
Enhanced visual communication and improving the appearance of zoning ordinances, design guidelines, and other regulatory tools is becoming increasingly important in the digital age. As our tools, software and the web evolve, so have our practices, codes, and ordinances. The increased transparency in government has also broadened the audience of potential users and readers, and expectations of easy access and user friendliness are at an all time high. This presentation will highlight the use of visual tools and imagery to enhance zoning ordinances, explain zoning changes, and highlight the development potential of key sites.

Ancel Glink & Houseal Lavigne Planning Law and Practice CM Event

Friday, June 15
Bloomington-Normal Marriott Hotel & Conference Center
201 Broadway Street, Normal, Illinoisa
RSVP: Kathy Cook (kcook@ancelglink.com or 309-828-1990)

Land Use Law Update CM |1.5 | Law
Ancel Glink attorneys will discuss best practices for zoning hearings, and how new legislation expressly authorizes communities to adopt rules of procedure to assist in the management of ordinary and complex zoning applications. Participants will also learn about the latest cases affecting planning and zoning officials, analyzing emerging issues under the Second Amendment, takings claims by billboard owners, limits to local regulation of telecommunications facilities, and more.

Zoning Practice Visualization CM |1.5
Enhanced visual communication and improving the appearance of zoning ordinances, design guidelines, and other regulatory tools is becoming increasingly important in the digital age. As our tools, software and the web evolve, so have our practices, codes, and ordinances. The increased transparency in government has also broadened the audience of potential users and readers, and expectations of easy access and user friendliness are at an all time high. This presentation will highlight the use of visual tools and imagery to enhance zoning ordinances, explain zoning changes, and highlight the development potential of key sites.

The March 2011 issue of Zoning Practice (American Planning Association) was authored by HLA Senior Associate Doug Hammel, and describes some key considerations in drafting effective design guidelines or form-based regulations. This blog posting is a "cheat sheet" version of that article. To obtain a copy of the full article, visit the American Planning Association.

What are design guidelines...or what AREN'T they?
It is important to remember that design guidelines should articulate an attainable product within the given local context. Creating standards based on "ideals" or models imported from other communities can often lead to incongruity with lot conditions, market realities, or the local vision. Within that framework, they can range from adopted regulations (i.e. form-based code), binding based on certain conditions (i.e. incentive-based) or simply advisory but non-binding.

Understand the users and administrators.
Too often, stakeholders want to start the process by debating over the minutia of design. But it is necessary to first think about who will be administering and interpreting the design standards. This will also help determine what kind of end document is necessary and how the standards should be written and illustrated. Will the guidelines be regulatory, incentivized, or advisory? Will municipal planning staff, the Planning Commission, or a Design Review Board determine conformance? To what degree will standards be negotiable? The answers to these and other questions create the nuances necessary to locally implementable standards.

Determine what the guidelines should address.
Guidelines can cover a broad range of topics; private development to public realm, general site planning to architectural details and materials, sustainability, etc. An understanding of local priorities and shortcomings of existing policies can help determine the most appropriate role for design standards. This comes from previous plans, focused visioning, and a "compatibility test" of how zoning regulations align with development goals for a specific area.

Test, test, test!
Block sizes, parcel dimensions, traffic patterns, and several other factors vary between neighborhoods and communities. Design concepts must be tested on actual parcels in order to ensure that 1) what is being asked is possible, and 2) the proposed standards and metrics result in the desired outcome. As many scenarios as possible should be considered; mid-block versus corner lots, alley versus street access, single-story retail versus mixed-use, etc. The result will be standards that are calibrated to local conditions, rather than those inappropriately imposed on existing lots.

Make an engaging and informative document.
Design guidelines can come in different packages, and packaging should be determined by how they are used. If they are advisory, they may use few specific metrics and more illustrations to convey an anticipated outcome of development. If they are regulatory and administered as part of zoning entitlement, they must express clear measures of conformance and be defensible against litigation. If the administrators have no formal training in design, they must clearly convey design elements and metrics and remove undue interpretation. Whatever the case, the balanced use of carefully crafted language, metrics, and graphics is essential. The intent may be sound, but if it is not clearly communicated, the guidelines will go unimplemented.

Coordinate other development regulations and policies.
It is shocking how many communities will undertake the process of drafting design guidelines only to leave in place development regulations that contradict their intent. Something's gotta give. Either the design guidelines must stop short of trying to "fix" characteristics not permitted by zoning, or the zoning regulations must be amended to enable the desired design condition as expressed in the guidelines.  Either way, ending up with contradictory policies results in ineffective guidelines.

Gas stations. They're everywhere. They are as critical a component of infrastructure as schools, parks, and sewer treatment facilities. Their functional and design elements - signage, lighting, site access, etc. - have a profound impact on the character of our most visible corridors. So how can this necessary piece of the puzzle complement, or at least not deter from, local character? Let's look at a few examples.

The Good

This example is from East Lansing, MI. It demonstrates several site and building design characteristics that help it blend in with the commercial corridor, rather than being an eyesore competing for attention:

• The pumping stations are located to the rear of the site with the primary building toward the front corner, bringing vehicular access away from the intersection.
  
• The public sidewalk that is less disrupted by curb cuts (about one-quarter to one-third of the total lot frontage).
  
• Cross-access is provided to the lot to the east, removing the need to enter back into traffic to go next door.
  
• Signage is very low, and the building and front yard landscaping screen the pumping canopy and light.

And despite this design approach, people still find the pumps!

 The Bad Typical

This is an example of a typical Chicago corner gas station. In this instance, the character of the development is more compromised for the sake of the automobile, although the urban setting dictates that the surrounding pedestrian network is maintained.

• The primary building is at the back corner of the site, and the pumps and canopy are front and center.
  
• Curb cuts occupy about two-thirds of the lot frontage, creating several vehicular/pedestrian conflict points (including at the location of a bus stop).
  
• A prominent monument sign is located at the primary corner, with another sign located at the southeast corner of the site.
  
• Alley access is completely unutilized and the glowing lights of the canopy impact adjacent residential development.
  
• Property edge landscaping and fencing provide at least some delineation between vehicular areas and the public sidewalk.
  

As a whole, this development model does the minimum required in terms of the overall functionality and character of the corridor.

 The Ugly

This gas station (location removed to protect the guilty) demonstrates perhaps the worst practices in gas station development:

• The canopy is located almost to the front lot line. This results in one continuous curb cut along the entire front yard.
  
• Site access is both unclear and unsafe, as newly filled vehicles pull into traffic and arriving vehicles seek an open bay.
  
• The canopy is so prominent that, from the southern approach to the site, the large monument sign is not even visible.
  
• Though there is access to the side street to the north of the site, it is unused because access from the primary arterial is uncontrolled.
  

In this case, there is no consideration for the pedestrian network or the overall character of the corridor.

As planners, we must remain realistic about what can be expected of development. It is probably unreasonable to think that gas stations will ever recreate the character of our intimate town centers. However, a better product can be realized with relatively simple standards for site planning and access, signage, lighting, and landscaping. I mean, if we're going to be paying $5 a gallon, we at least deserve that much!

I traveled through time last night, driving along Ogden Avenue in Naperville. I started my trip heading westbound at Naper Boulevard. According to the digital readerboard at the CVS the time was 7:06 and it was 79 degrees. A mile west, 7:02 (and a degree cooler) courtesy of Dick Portillo. I contemplated heading to Yorkville to play the previous night's lotto, but once I reached Washington Street, a local bank reported it was 7:13 - the future, which by the way, is warmer...80 degrees.

Time Travel Theory 1
A wormhole exists along a section of Ogden Avenue and the micro-climates throughout the corridor may hold the key to global warming.

Time Travel Theory 2
The Vegasification of Ogden Avenue and its cheap "Lite-Brite" like signs don't sync with a World Clock and have differing thermostats.

I'm skeptical about the need for LED readerboard signs. Forget about the fact that the resolution of these things is circa 1980. I don't think they are needed, not all of them anyway. A bank for instance, does not need a sign with current mortgage rates. Nobody is driving their car looking for low mortgage rates, and besides, your rates are the same as everyone else's - low. Portillo's...seriously, "Enjoy a Milk Shake".... this is why you wanted a sign, to get $2.35?

If I'm wrong, and a business is a blown fuse away from bankruptcy and this sign is so badly needed, we don't need the time or the temperature. My estimate is about 99.9% of the cars on the road have clocks in them, and about 99.9% of the drivers have cell phones that tell time -  - we know what time it is. The same goes for the temperature. Plus we can look out our windshields, or better yet, roll down a window. If you are looking to do a public service, then promote a community event. The Arcada Theatre in Downtown St. Charles is promoting our August 31st Community Workshop on their marquess (and a theatre I might add, is a business that makes a good case for a readerboard sign).

I think communities are overreacting to the "need" for these signs. We are in a recession, and everybody is doing a little less business. Compromising the appearance of our commercial areas to inundate motorists with useless information is not the solution. I would argue in the case of Ogden Avenue in Naperville, that if instead of  more signs, these businesses spent a little more money on landscaping and improved the appearance and atmosphere of the corridor, Ogden would be a representative of Naperville and it would attract more business.

Form-based codes (FBC) are land development regulations that seek a specific urban form by emphasizing physical form and aesthetics over use.  There are a number of issues to be weighed by any community considering adopting FBC.  While it is a relatively new tool for planners, the field can look to places such as Denver, CO; Lowell, MA and Arlington County, VA as case-studies.  To do this, design elements such as building height, setback measurements, and landscaping among others are given particular emphasis.  It is just as important, however, to understand what FBC are not:  they do not promote a social agenda in and of itself.  Although many FBC seek an increase in pedestrianism, for example, this is a result of the physical form goals defined through the process, rather than an explicit requirement.

Turning first to the strengths of FBC, it is most commonly said that they produce predictable results because they are prescriptive rather than proscriptive, meaning they call for guidelines which address what is desired rather than what is not allowed.  These desired results are developed in with the public through design charettes so that the resulting product is a consensus-built vision which, proponents argue, results in fewer issues that typically plague Euclidean zoning, due to the common need for variances and rezoning.  In theory this creates a reduction in costs for both the applicant of a new development and the municipality reviewing it.  Additionally, because FBC focus on design aspects rather than legal ones, planning documents tend to be more accessible to non-planning professionals.  Proponents also claim that FBC more readily address infill and encourage small-scale projects by multiple owners because developments are regulated by building or parcel rather than by block or larger land divisions. 

On the other hand, FBC are not without criticism.  To start with, consensus building is a difficult task especially when defining urban form in advance of any specific development proposal.  Ultimately some segments will be left unsatisfied.  To that end, FBC require a long-term commitment as politics shift and private developers adjust to restrictive design coding.  For established urban centers, it is more difficult to establish FBC since they have already been defined by Euclidean zoning.  In these areas, it may be strongly associated with gentrification and the displacement of residents.

From a logistical standpoint, FBC are a relatively new tool for planners and, as such, there exist few experts and "best practices" to draw from and localities must accept some degree of trial and error.  Critics claim that FBC formalize and control traditional urban values and forms which were created accidentally, organically, and spontaneously so the resulting product is disingenuous and fails to realize potential goals of vibrancy and community interaction.

As the saying goes, you can catch more flies with honey than vinegar.  While the type and amount of commercial uses desired vary from community from community, the bottom line is the same: a community cannot thrive without businesses.   Residents enjoy having goods and services available nearby and municipalities benefit from the diversified tax base.  This list of questions can help staff, boards and individuals determine whether they are truly business-friendly. 

1.       Does your community have a clear vision? Does it specify the type, amount and location desired for commercial uses?

If not, it might be time to update your comprehensive plan.  The comprehensive plan is a road map for decision-making.  It accomplishes this by establishing a clear vision, developing guiding principles and identifying areas appropriate for certain types of land uses.

2.       Are your codes and regulations up to date and easy to understand?

If the answer is no, the time is right to review and revise your zoning ordinance and related regulatory documents.  In the recent real estate boom, many communities found themselves amending their ordinance to fast track desirable developments.  This piecemeal approach almost always has unintended consequences that can become difficult for enforcement and may even lead to lawsuits that would have been otherwise avoidable.

The current economic climate is an ideal time to take stock of the state of your community's codes and regulations in order to ensure that they reflect current goals and objectives. 

3.       Does your sign code balance aesthetics with businesses' need for identification?

The law clearly allows the regulation of signage by a municipality. 

4.       Is the approval process seen as fair and efficient?

Whether an applicant seeking development review, a business renewing a permit or an inquisitive neighbor, the approval process should be clear and easy to understand for all involved.  Th

5.       Does your community provide any incentives for business relocation or expansion?

Long term stability in the commercial sector requires both business attraction and business retention efforts.  Incentives for both range in scale and cost. 

6.       Do you have an active chamber or business association?

Municipalities don't have to do it alone!  Your best partner is an active organization who can assist with or lead efforts to attract and retain businesses.

 

Successful business attraction and retention starts with a plan and ends with implementation (although it never really ends, does it?)

3 Arguments Against Street Trees
We have been working on a comprehensive plan for a community where the City's engineer is opposed to landscaping within the right-of-way. He argues that the root system will penetrate into drainage pipes from residential sump systems and cause flooding. 

This is not the first time I have heard of an engineer opposing right-of-way trees.  A few years ago we were developing a comprehensive plan for a fast growing community where an engineer also prohibited landscaping in the right-of-way. His argument, however, was that over time the root structure of the trees would begin to heave the sidewalk upwards and create a "trip hazard". Nevermind the fact that there was no sidewalk requirement...

Yet still another argument I have heard is that trees cause variation in the heat/thaw cycle of pavement areas within their shadows which can cause a shortened life span for residential streets.

Pros and Cons
At this point you are probably thinking what every planner is thinking - are you kidding me? The answer is no, and communities and neighborhoods across the country are being deprived of this amenity in the name of "engineering" - really? 

I struggle with how these weak arguments can conquer the benefits of creating neighborhoods with big, majestic tree lined streets.  But, let's assume, for this a simple discussion, that all of these are valid arguments against street trees.  

As a firm we have conducted a lot of research on this topic, and have found a plethora of data supporting right-of-way trees. For example, the International Society of Arboriculture estimates that the improvement in curb appeal due to street trees increases real estate values by 5-20%.  This on top of less quantifiable factors such as the improvement to a neighborhood's appearance or character.  It's a case of first impression that happens to last a long time.  Mature trees are a lot harder to come by, and their benefits significantly outweigh, the occasional sidewalk repair or sump pump mishap. 

Changing Perceptions
How do we, as planners, overcome this impasse?  It starts by revising your codes and subdivision regulations to include street trees as a requirement. The arguments from engineers and public works officials can be mitigated.  We must champion the idea that we should be planning, designing and building the neighborhoods and communities that we all want to live in. So if that that means repaving the road a year or two earlier, or shoveling asphalt in 20 years to fix that "trip hazard" the tree roots will make, so be it.

Courtney Owen, an Associate with Houseal Lavigne Associates, will be participating in an upcoming panel discussion titled Winning Support for Development: the Municipal Perspective.  The assembled panel represents a wealth of experience on the topic and includes Tim Angell of the Berwyn Development Corporation, David Silverman of Ancel Glink Diamond Bush DiCianni & Krafthefer and Mary Ann Smith, Alderman for the 48th Ward of Chicago.   The panel will be moderated by Donna Pugh, land use attorney with Foley & Lardner.

The presenters will share their experiences in achieving success when working with municipalities to obtain development approvals.  Houseal Lavigne will be speaking on innovations in community outreach.  The presentation is scheduled for Tuesday, February 17th, 2010, at the Foley and Lardner offices at 321 N. Clark Street.  Registration begins at 8:00 a.m.  The program will run from 8:30 a.m. until 10:00 a.m.  There is no cost to attend but pre-registration is required.  RSVP to Terese Rehmer at 312-832-4712 or trehmer@foley.com.