Implementing FormBased Codes Arizona Legal Considerations

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Implementing Form-Based CodesArizona Legal
Considerations
Dustin C. Jones, Esq.Tiffany Bosco, PA
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Conventional Zoning vs. Form-Based Codes
Form-Based Codes
Conventional Zoning (Euclidean)
Management
Use/Density
Form
Conventional zoning regulates primarily by LAND
USE, DENSITY FAR, SETBACKS, and PARKING. It
assumes that there should be an appropriate
distance between almost all different use types.
Form (the little box) is minimally addressed.
FORM-BASED CODES focus on the design details that
will FORM the type of community that is
envisioned. Therefore the land uses and densities
become subject to the FORM of the desired outcome.
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Zoning Codes a Brief History
Conventional Zoning Regulations

• Initial Effort to Protect Health and Safety
• NYC Comprehensive Zoning Code (1916)
• Village of Euclid, Ohio et al. v. Ambler Realty
  Company, 272 U.S. 365 (1926),
• Supreme Court upheld the right of a locality to
  enforce a system of zoning whereby a town or
  community is divided into areas in which specific
  uses of land are permitted

• Post War Housing Boom

• Retail Follows Housing

• Central City Death Rebirth

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Smart Growth/New Urbanism/TNDs/FBCs

• Click to edit Master text styles
• Second level
• Third level
• Fourth level
• Fifth level

As promoted by
F B C I Form- Based Codes Institute
formbasedcodes.org
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California Addresses FBCs

• A form-based code is a useful implementation
  measure for achieving certain general plan goals,
  such as walkable neighborhoods and mixed-use and
  transit-oriented development.

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AB 1268 - July 2004

• 65302.4. The text and diagrams in the land use
  element that address the location and extent of
  land uses, and the zoning ordinances that
  implement these provisions, may also express
  community intentions regarding urban form and
  design. These expressions may differentiate
  neighborhoods, districts, and corridors, provide
  for a mixture of land uses and housing types
  within each, and provide specific measures for
  regulating relationships between buildings and
  outdoor public areas, including streets.

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Arizona Regulatory Tools

• General Plan Goals, Objectives and Policies
• Design Guidelines
• Planned Area Development (PAD) Zoning
• Overlay Zoning
• Specific Plans

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City of Goodyear Design Guidelines
Disconnect between Vision and Outcome
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City of Goodyear Design Guidelines
City of Goodyear Design Guidelines
City of Goodyear Engineering Design Standards
(Transportation Section)
Disconnect between Vision and Outcome
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• Arizona Revised Statutes 9-462.01
• (General Plans Zoning Regulations)
• All zoning and rezoning ordinances or
  regulations adopted under this article shall be
  consistent with and conform to the adopted
  general plan of the municipality, if any, as
  adopted under article 6 of this chapter. In the
  case of uncertainty in construing or applying the
  conformity of any part of a proposed rezoning
  ordinance to the adopted general plan of the
  municipality, the ordinance shall be construed in
  a manner that will further the implementation of,
  and not be contrary to, the goals, policies and
  applicable elements of the general plan. A
  rezoning ordinance conforms with the land use
  element of the general plan if it proposes land
  uses, densities or intensities within the range
  of identified uses, densities and intensities of
  the land use element of the general plan.

Disconnect between Vision and Outcome
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How Zoning Defines a One-Block Parcel
Lets Visualize.
Density, Use
FAR (floor area ratio)
Setbacks
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How Zoning Defines a One-Block Parcel
Density, Use
FAR (floor area ratio)
Setbacks
Parking Requirements
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How Zoning Defines a One-Block Parcel
Density, Use
FAR (floor area ratio)
Setbacks
Parking Requirements
Max. Building Height
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How Design Guidelines Define a One-Block Parcel
Design Guidelines generally are NOT regulatory
and encourage focus on form
Density, use
FAR (floor area ratio)
Setbacks
Parking Requirements
Max. Building Height
Frequency of Openings and Surface Articulation
Specified
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How Form-Based Codes Define a One-Block Parcel
Street types
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How Form-Based Codes Define a One-Block Parcel
Street types
Build to lines
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How Form-Based Codes Define a One-Block Parcel
Street types
Build to lines
Number of Floors
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How Form-Based Codes Define a One-Block Parcel
Street types
Build to lines
Number of Floors
Building types
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How Form-Based Codes Define a One-Block Parcel
Street types
Build to lines
Number of Floors
Building types
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Prop 207Private Property

• A. If the existing rights to use, divide, sell or
  possess private real property are reduced by the
  enactment or applicability of any land use law
  enacted after the date the property is
  transferred to the owner and such action reduces
  the fair market value of the property the owner
  is entitled to just compensation from this state
  or the political subdivision of this state that
  enacted the land use law.

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Regulatory Tools

• General Plan Goals, Objectives and Policies
• Design Guidelines
• Planned Area Development (PAD) Zoning
• Overlay Zoning
• Specific Plans

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Zoning Entitlement in Arizona
Current Conventional Development

• General Specific Plan Amendment

Rezoning Development Master Plan
Development Agreements
Design Guidelines
General to Specific
Site Plan Reviews
C.C. R.s
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Regulatory Tools

• General Plan Goals, Objectives and Policies
• Design Guidelines
• Planned Area Development (PAD) Zoning
• Overlay Zoning
• Specific Plans

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Types of Form-Based Codes?

• Spatial Classification FBCs are defined around
  (i) districts, neighborhoods and corridors (ii)
  the Transect model (iii) a street-based
  regulatory plan, or (iv) special purpose zones.
• Regulatory Focus - Regulatory focus de-emphasizes
  land use regulation in favor of rules for
  building form.
• Use - Emphasis on mixed-use and a mixture of
  housing types.
• Design - Greater attention to streetscape and the
  design of the public realm and the role of
  individual building in shaping the public realm.
• Public Participation - Design-focused public
  participation process.
• Modified from definition by Paul Crawford, AICP

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Classifying Form-Based Codes

• Spatial Classifications
• Based on Transect Zones
• Based on Building Type or Lot
• Based on Street type
• Legal/Regulatory Classifications
• Mandatory Freestanding FBCs
• Mandatory Integrated FBCs
• Voluntary Floating TND Districts
• Voluntary Planned Area District (PAD)

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Classifying Form-Based Codes

• Spatial Classifications
• Based on Transect Zones
• Based on Building Type or Lot
• Based on Street type
• Legal/Regulatory Classifications
• Mandatory Freestanding FBCs

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Mandatory Freestanding Codes

• Essential Characteristics
• 1. Mandatory freestanding FBC are distinct in
  format from standard regulatory system, but are
  just as mandatory as all other regulations.
• 2. They can be distinct in format simply by
  choice, but usually are distinct due to legal
  requirement.
• 3. Freestanding codes require links to standard
  regulatory document.

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Mandatory Freestanding Codes

• Examples
• California Specific Plans
• Central Petaluma
• Isla Vista (Santa Barbara)
• Cotati Downtown
• Ventura Downtown
• Arizona Variety
• Goodyear City Center Specific Plan
• Phoenix Downtown Urban Form (????)
• Avondale City Center Specific Plan (???)
• Flagstaff Code (?)

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Mandatory Freestanding Codes

• Advantages
• Uniform applicability
• Greater likelihood that each individual building
  on a block will improve character of that block
• Provide greatest control over content, format and
  outcome
• Use of diagrams, graphics, matrices, and photos
• Customs calibration to unique circumstances
• Disadvantages
• Potential conflict with other regulatory codes
  (i.e. building)
• Political vulnerability (adoption and revocation)

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Mandatory Freestanding FBC
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ARS 9-461.08. Authority, scope of specific plans

• The planning agency may, or if so directed by the
  legislative body shall, prepare specific plans
  based on the general plan and drafts of such
  regulations, programs and legislation as may in
  the judgment of the agency be required for the
  systematic execution of the general plan. The
  planning agency may recommend such plans and
  measures to the legislative body for adoption.
• B. Specific plans may, in addition to recommended
  zoning ordinances and subdivision regulations,
  include
• Regulations determining the location of buildings
  and other improvements with respect to existing
  rights-of-way, floodplains and public facilities.
• 2. Regulations of the use of land, buildings and
  structures, the height and bulk of buildings and
  structures and the open spaces around buildings
  and structures.
• 3. .

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Avondale Specific Plan
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Classifying Form-Based Codes

• Spatial Classifications
• Based on Transect Zones
• Based on Building Type or Lot
• Based on Street type
• Legal/Regulatory Classifications
• Mandatory Freestanding FBCs
• Mandatory Integrated FBCs

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Mandatory Integrated Codes

• Essential Characteristics
• Integral to existing development codes
• Do not require rezoning of property
• Typically establish overlay zoning which
  supersedes underlying zones
• Replaces or supplements underlying zoning
  district with form-based standards
• Similar to freestanding FBC, but embedded rather
  than separate document

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Mandatory Integrated Codes

• Examples
• Overlay Zones
• South Miami Hometown Overlay (downtown)
• Naples Fifth Avenue South Overlay (downtown)
• Goodyear Gateway Overlay
• Zoning Districts
• West Palm Beach (downtown)
• Fort Myers Beach (redevelopment zoning district)
• Downtown Kendall (greyfield conversion)
• Miami 21 (citywide code)
• Downtown San Diego Community Plan (ordinance)

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Mandatory Integrated Codes

• Advantages
• Uniform applicability
• Less political vulnerability
• Establish concepts that can expanded upon
• Disadvantages
• Existing code may not be conducive to FBC
• Challenging to integrate to every section of code
• Ongoing integration even after adoption

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ARS 9-461.08. Authority, scope of specific plans

• The planning agency may, or if so directed by the
  legislative body shall, prepare specific plans
  based on the general plan and drafts of such
  regulations, programs and legislation as may in
  the judgment of the agency be required for the
  systematic execution of the general plan. The
  planning agency may recommend such plans and
  measures to the legislative body for adoption.
• B. Specific plans may, in addition to recommended
  zoning ordinances and subdivision regulations,
  include
• Regulations determining the location of buildings
  and other improvements with respect to existing
  rights-of-way, floodplains and public facilities.
• 2. Regulations of the use of land, buildings and
  structures, the height and bulk of buildings and
  structures and the open spaces around buildings
  and structures.
• 3. .

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Classifying Form-Based Codes

• Spatial Classifications
• Based on Transect Zones
• Based on Building Type or Lot
• Based on Street type
• Legal/Regulatory Classifications
• Mandatory Freestanding FBCs
• Mandatory Integrated FBCs
• Voluntary Floating TND Districts

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Voluntary Floating District Codes

• Essential Characteristics
• Voluntary
• Authorized but not imposed on specific properties
• Use is triggered by developer application
• Site-level details are negotiated during rezoning
  process
• Approval is site specific and no bearing on other
  properties

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Floating Zone Codes

• Examples
• TND Zoning Codes
• Towns, Villages, Countryside Plan St. Lucie,
  FL
• Model TND Code, Wisconsin
• TND Codes, Dade Jackson, FL
• TND Code, Columbus, OH
• Chico, CA
• Goodyear, AZ (drafting)

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Voluntary Floating TND District

• Advantages
• Politically easier to adopt
• Simply offering another choice to developers
• Dont cause existing buildings, lots or uses to
  become nonconfomring
• Approval process may differ and expedite reviews
• Disadvantages
• Can be entirely ignored by development community
• Allow great projects unlikely to change current
  character
• Site specific
• Ignore regional issues, street networks, character

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Classifying Form-Based Codes

• Spatial Classifications
• Based on Transect Zones
• Based on Building Type or Lot
• Based on Street type
• Legal/Regulatory Classifications
• Mandatory Freestanding FBCs
• Mandatory Integrated FBCs
• Voluntary Floating TND Districts
• Voluntary Planned Area District (PAD)

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Menlo Park Mercado District Tucson, AZ
REGULATING PLAN

• Two Regulating Areas
• Town Center
• Neighborhood General

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(No Transcript)
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Menlo Park Mercado District Tucson, AZ
BUILDING (URBAN) FORM STANDARDS (Town Center
Area)
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Menlo Park Mercado District Tucson, AZ
BUILDING (URBAN) FORM STANDARDS (Neigh. General)
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Menlo Park Mercado District Tucson, AZ
FRONTAGE TYPES
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Menlo Park Mercado District Tucson, AZ
ARCHITECTURAL STANDARDS
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Menlo Park Mercado District Tucson, AZ
PERMITTED LAND USES - Last Page of the Code
(Last, and yes, one of the least)
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City Pointe Avondale, AZ
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City Pointe Avondale, AZ
CONCEPTUAL DEVELOPMENT PLAN

• Two Regulating Areas
• Town Center
• Neighborhood General

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City Pointe Avondale, AZ
CONCEPT BUIDLING FORM PLAN
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City Pointe Avondale, AZ
MIXED USE AREA DEVELOPMENT STANDARDS
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City Pointe Avondale, AZ
MIXED USE AREA DEVELOPMENT STANDARDS
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City Pointe Avondale, AZ
PRELIMINARY STUDIES MAIN STREET
PARKWAY
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Regulatory Tools

• General Plan Goals, Objectives and Policies
• Design Guidelines
• Planned Area Development (PAD) Zoning
• Overlay Zoning
• Specific Plans

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Implementing Form-Based Codes
Dustin C. Jones, Esq.Tiffany Bosco, PA