DRAFT - September 2009
ESSENTIAL SMART GROWTH
FIXES FOR URBAN AND
SUBURBAN ZONING  CODES
                     ^\ \^V^~ ESJSmM*T^^\^v*r^T'
       United States Environmental Protection Agency

                   with
      ICF International
    Charlier Associates, Inc.
     Clarion Associates
       Code Studio
 Dover, Kohl & Partners
   Farr Associates
Van Meter Williams Pollack

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DRAFT - September 2009

    ESSENTIAL SMART GROWTH FIXES FOR
    URBAN AND SUBURBAN ZONING CODES
Acknowledgements	3
1.  Allow or require mixed-use zones	6
2.  Use urban dimensions in urban places	9
3.  Rein in and reform the use of planned unit
   developments (PUDs)	12
4.  Fix parking requirements	16
5.  Increase density and intensity in town and city centers. 21
6.  Modernize street standards	25
7.  Enact standards that foster walkable places	31
8.  Designate and support preferred growth areas and
   development sites	35
9.  Manage stormwater with green infrastructure	39
10. Adopt smart annexation policies	43
11. Avoid the "Devil's Density"	47
Image Credits	52
   Essential Smart Growth Fixes for Urban and Suburban Zoning Codes

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ACKNOWLEDGEMENTS
Principal author:
Kevin Nelson, AICP, US EPA

Contributors and reviewers from US EPA:
John Frece
Abby Hall
Lynn Richards
Megan Susman

Participants in January 2008 and October 2008 workshops:

US EPA:
Geoff Anderson
Kevin Nelson
liana Preuss
Lynn Richards
Tim Torma

ICFInternational Team:
Jim Charlier, Charlier Associates
Amy Doll, ICF International
Victor Dover, Dover, Kohl & Partners
Chris Duerksen,  Clarion Associates
Lee Einsweiler, Code Studio
Doug Farr, Farr Associates
Margaret Flippen, Dover, Kohl & Partners
Leslie Oberholtzer, Farr Associates
Will  Schroeer, ICF International
Rick Williams, Van Meter Williams Pollack

Center for Planning Excellence (host of January 2008 workshop)
Elizabeth "Boo"  Thomas
Camille Manning-Broome
     Essential Smart Growth Fixes for Urban and Suburban Zoning Codes

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ESSENTIAL SMART  GROWTH  FIXES  FOR URBAN AND
SUBURBAN ZONING CODES
Introduction
Across the country, state and local
governments are searching for ways to
create vibrant communities that attract
jobs, foster economic development, and
are attractive places for people to live,
work, and play. Increasingly, these
governments are seeking more cost-
effective strategies to install or maintain
infrastructure, protect natural resources
and the environment, and reduce
greenhouse gas emissions. What many are
discovering is that their own land
development codes and ordinances are
often getting in the way of achieving these
goals.

Fortunately, there is interest in tackling
these challenges. As the nation's
demographics change, markets shift, and
interest in climate change, energy
efficiency, public health, and natural
resource protection expands, Americans
have a real opportunity to create more
environmentally sustainable communities.

To address these issues, many local
governments want to modify or replace
their codes and ordinances so that future
development and redevelopment will
focus on creating complete
neighborhoods—places where residents
can walk to jobs and services, where
choices exist for housing and transportation,
where open space is preserved, and where
climate change mitigation goals can be realized.
Many local governments, however, lack the
resources or expertise to make the specific
regulatory changes that will create  more
sustainable communities.  And for many, model
codes or ordinances can be too general for
practical use or are often designed to be adopted
wholesale, which many communities are
unprepared to do.
Smart growth creates lively walkable places that bring
businesses to the street.
         To respond to this need, the U.S. Environmental
         Protection Agency's (EPA) Development,
         Community, and Environment Division
         (DCED), also known as the Smart Growth
         Program, has put together this document to help
         those communities that may not wish to revise
         or replace their entire system of codes and
         ordinances, but nevertheless are looking for
         "essential fixes" that will help them get the
         smarter, more environmentally responsible, and
         sustainable communities they want.
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To find the changes that can be most helpful,
DCED convened a panel1 of national smart
growth code experts to identify what topics in
local zoning codes are essential to creating the
building blocks of smart growth. This document
presents the initial work of that panel. It is an
evolving document,  one that will be regularly
revised, added to, and updated. It is intended to
spark a larger conversation about the tools and
information local governments need to revise
their land development regulations.

The purpose of this document is to identify the
most common code and ordinance barriers
communities face and to suggest actions
communities could take to improve their land
development regulations. Given the effort and
political will that is necessary to make any
changes to local regulations, the suggested  code
provisions are separated into three categories:

•   Modest Adjustments: Code suggestions in
    this  category assume the local government
    will keep the existing regulations and is
    looking for relatively modest revisions that
    will help it remove barriers to building smart
    growth developments or create a regulatory
    framework where all development types are
    on equal footing. Examples include
    changing code language from minimum
    setbacks or parking requirements to
    maximums.

•   Major Modifications: Code suggestions in
    this  category assume the local government is
    looking to change the structure of the
    existing code. Suggestions include creating
    incentives for smart growth development or
    creating  overlay zones and mixed-use
    districts.

•   Wholesale Changes: Code suggestions in
    this  category assume the local government
    wants to create a new regulatory framework,
    such as creating a form-based code or
    requiring sidewalks and alleys.
Every community is distinct, with different
landscapes, natural resources, demographics,
history, and political culture. Some communities
have found that an incremental approach to code
changes works best, while others have found
success in wholesale change. This document
strives to provide a starting point for all
communities by recognizing their wide
variability.

The document includes eleven Essential Fixes to
the most common barriers local governments
face when they want to implement smart growth
approaches. Each Essential Fix describes the
problem and how to respond, expected benefits,
and implementation steps. Other resources
include practice pointers and examples.

This tool does not include model language, nor
is it intended to provide model codes or
ordinances. The information here, however, can
help communities evaluate their existing codes
and ordinances and apply the information to
achieve smart growth objectives. This  document
focuses primarily on barriers in  suburban and
urban communities. Similar issues regarding
rural development will be  addressed in a
subsequent document that is under development.
The intent is to continually revise, update, and
expand the information provided here. Please
send comments, feedback, or suggestions to the
EPA project manager, Kevin Nelson, AICP, at
nelson.kevinigiepa.gov or 202-566-2835.
1 The panel met in January and October 2008. See the
Acknowledgements for a list of participants.
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    1
Allow or require  mixed-use zone
Introduction
A common problem with the
conventional Euclidean zoning used
by many communities is its focus on
separating potentially incompatible
land uses. This separation has made
our development patterns
inefficient, forcing residents to drive
longer distances to get to their jobs,
schools, shops, and services, which
increases traffic congestion, air
pollution, and greenhouse gas
emissions. The underlying health
and safety problems that zoning was
designed to address 80 years ago—
separating homes from factories,
stock yards, and other "noxious"
uses—are still important, but in our
current economy, many commercial
uses and workplaces can be
integrated with homes without
"noxious"  effects. The health and
safety goals of separating uses must
now be placed in context with a
range  of other problems that are
created by not allowing uses where they will be
most efficient. Such separation can frustrate
efforts to promote alternative modes of
transportation and create lively urban places.

Response to the Problem
The response to this problem is to encourage or
require more mixed-use zones. Mixed-use zones
will look different in various contexts, from
downtowns to transit-oriented development
(TOD) to commercial corridors to the
neighborhood corner store. Communities should
be mindful of these variations so that there is not
a "one size fits all"  solution for how land uses
are mixed to accommodate market conditions
and design expectations. Requiring vertically
mixed-use buildings, such as a building with
ground-floor retail and offices or residences in
the upper floors, along older, pedestrian-oriented
                     Rockville Town Center in Maryland contains a vibrant mixture of
                     offices, residences, retail and gathering space for people to enjoy.
                                    corridors can reinvigorate a sleepy street.
                                    Alternatively, simply permitting a variety of uses
                                    within one zoning district allows a horizontal
                                    mix of uses that can break up the monotony of
                                    single uses, such as strip centers or single-family
                                    housing. This horizontal mix can make a street
                                    more interesting and bring stores, services, and
                                    workplaces closer to residents.

                                     Expected Benefits

                                    •   Reduction in vehicle miles traveled,
                                        resulting in lower greenhouse gas emissions,
                                        lower commuting costs, and decreased road
                                        congestion.

                                    •   More balanced transportation systems that
                                        support walking, bicycling, and public
                                        transit, as well as driving.
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      Livelier urban spaces with public gathering
      places and a variety of shops, restaurants,
      and entertainment.

      Complete neighborhoods where residents
      can live, work, and play.

      Diversity of housing for people of all
      incomes and at all stages of life.

      More vibrant commercial areas that provide
      retail and services for patrons.

      More compact development that helps
      preserve open space in outlying areas by
      reducing the need and demand for low-
      density, sprawling development.

      Efficient use of services and infrastructure,
      resulting in cost savings for the public.
Mixed land use can integrate offices, retail and
residences so that vehicular trips can be minimized.
  Steps to Implementation
  1. Modest Adjustments

  •   Define mixed-use areas/activity centers in
      land use plans (on a neighborhood,
    community, and/or regional scale), and
    designate preferred locations for them.

•   Permit residences in the upper floors of
    buildings in appropriate existing
    commercially zoned districts.

2. Major Modifications

•   Remove obstacles to mixed-use
    development by creating zoning districts
    that allow mixed-use development by right
    (i.e., without the need for a rezoning or
    special discretionary approval process).

•   Develop a variety of mixed-use districts,
    including vertical mixed uses and horizontal
    mixed uses, as needed. The context of uses
    (e.g., main street, neighborhood setting) is
    important for determining the type of mixed-
    use district.

•   Designate mixed-use districts on the official
    zoning map.

3. Wholesale Changes

•   Synchronize zoning codes and area plans to
    coordinate the location and development of
    mixed-use districts.

Practice Pointers
•   Consider mandatory mixed-use  development
    in preferred locations (e.g., near transit
    stops) to ensure that these prime locations
    are not used for low-density, single-use
    development.

•   Adopt compatibility standards to ensure
    adequate transitions to adjacent, lower-
    density uses. Consider architectural, design,
    open space, operational, and other categories
    of transitional standards.

•   Tailor development standards (such as
    parking, open space, and landscaping
    regulations) for mixed-use developments so
    as not to create unintended hurdles for this
    preferred development form. For example,
    typical parking requirements often do not
    reflect the reduced need for parking typical
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    of most mixed-use developments. The
    additional land that such excessive standards
    require for parking can spread out growth so
    that lively, compact developments are hard
    to achieve.

•   Use market studies to ensure an appropriate
    amount of commercially and residentially
    zoned land. Avoid requiring more vertically
    mixed uses than the market can support.
    Horizontal mixed-use districts can allow the
    market to determine the appropriate mix of
    uses.  Establish standards for the
    development of each use within the area to
    ensure contiguous retail areas. In these
    locations, establish triggers such as
    achieving market benchmarks for renewed
    planning efforts as the area begins to
    change.

•   Level the playing field for mixed-use
    developments. For example, make sure that
    single-use commercial strip developments
    are held to the same high design and other
    standards required of mixed-use
    developments.

•   Create incentives for mixed-use
    development, such as a wider array of
    permitted uses in mixed-use districts (as
    opposed to single-use districts), increased
    densities, and accelerated application
    processing.

Examples and References
•   International City/County Management
    Association  and Smart Growth Network.
    Getting to Smart Growth: 100 Policies for
    Implementation.  2002. EPA231-R-05-001.
    http://www.epa.gov/smartgrowth/getting_to
     sg2.htm.

•   Ewing, R., Bartholomew, K., Walters, J.,
    Chen, D. Growing Cooler: The Evidence on
    Urban Development and Climate Change.
    Urban Land Institute. 2008. p. 25.
Lewis, L. "Celebration Traffic Study
Reaffirms Benefits of Mixed-Use
Development." Transportline. HDR. 2004.
http: //www.hdrinc. com/Assets/documents/P
ublications/Transportline/September2004/Ce
lebrationTrafficStudy.pdf

Coupland, A. Reclaiming the City: Mixed
Use Development. Routledge. November
1996. p. 35.

Williams, K. and Seggerman, K. Model
Regulations and Plan Amendments For
Multimodal Transportation Districts. Florida
Department of Transportation. April 2004.
pp. 7-14.
http: //www. dot. state. fl .us/planning/svstems/s
m/los/pdfs/MMTDregs.pdf

Oregon Transportation and Growth
Management Program. Commercial and
Mixed-Use Development Code Handbook.
October 2001. pp. 33-38.
http://egov.oregon.gov/LCD/docs/publicatio
ns/commmixedusecode.pdf

Morris, M., ed. "Sec. 4.1: Model Mixed-Use
Zoning District Ordinance."Model Smart
Land Development Regulations. Interim
PAS Report.  American Planning
Association. March 2006. pp. 3-5.
http://www.planning.org/research/smartgrow
th/pdf/section41 .pdf.

Duany Plater-Zyberk & Company.
SmartCode, Version 9.2. February 2009.
http://www.smartcodecentral.com/smartfiles
v9 2.html.

City of Colorado Springs, Colorado. Mixed
Use Development Design Manual. March
2004. pp.56-64.
http://permits. springsgov.com/units/planning
/Currentproj/CompPlan/MixedUseDev/IV-
%20E.pdf.
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2
USE URBAN  DIMENSIONS  IN  URBAN PLACES
Introduction
Conventional zoning codes are
typically replete with various
dimensional standards that govern
a range of topics, including
minimum lot sizes and widths,
floor area ratios, setbacks, and
building heights. These standards
are generally geared to produce
low-intensity, low-rise residential
and commercial development.
Even codes for more mature
urban areas often reflect this
lower-density orientation. While
this development pattern may be
appropriate in some areas and
under some circumstances (e.g.,
around environmentally sensitive
areas), these standards often have
unintentionally stifled more
compact development in many
cities and towns, preventing the
development of attractive, lively,
and cost-efficient places.
Recalibrating dimensional
standards can help accommodate
and promote a more compact development
pattern and create attractive urban environments.
Changes in dimensional standards can also
improve connectivity enhanced site planning and
design. (See Essential Fixes Nos.  4 and 6 for
street- and parking-related dimensional
standards.)

Response to the Problem
Cities across the country have been built based
on the availability of land and proximity to jobs
and amenities. Dimensional standards were
established to accommodate these conditions. As
communities and prosperity yielded larger lots
and more spread-out development, communities
began to reassess their function and design. A
compact, walkable neighborhood is achieved
through design and direction from codes and
ordinances. A principal way of creating this type
of place is through modifications  to the
                   This street in the Georgetown neighborhood of Washington, DC
                   exhibits a mature development of a city street.
                                   dimensional standards—that is, the size of lots,
                                   setback requirements, height restrictions, and the
                                   like.

                                   Form-based codes are a typical response for
                                   communities that are looking to increase options
                                   for compact form and walkable neighborhoods.
                                   Components of form-based codes include
                                   regulating plans, building form standards
                                   (building siting and height), and optional
                                   architectural elements. In essence, the form of
                                   the building is more  important than the use that
                                   occupies it.

                                   Expected Benefits
                                   •   More compact development patterns that
                                       help preserve open space in outlying areas.

                                   •   Higher density development that supports
                                       transit and mixed-use activity centers.
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•   A more attractive public realm that is
    designed to balance pedestrians and
    bicyclists with the car.

•   Cost-efficient provision of infrastructure and
    services.

Steps to Implementation
1. Modest Adjustments

•   Tailor dimensional standards in the
    development code to promote more compact
    development. Consider changing minimum
    standards to maximums.

    o  For residential development, relevant
       changes could include lot width and area
       changes, smaller yards, increased lot or
       building coverage for smaller lots,
       increased height, and increased density.

    o  For commercial or mixed-use
       development, relevant changes could
       include increased height, smaller yards
       and open space, increased lot or building
       coverage, and increased floor area ratios
       (FAR).

•   Replace FAR with form standards such as
    height and maximum setbacks. Consider
    limiting building footprints in neighborhood
    commercial areas.

•   Modify codes for commercial districts to
    allow residential development, especially
    over first-floor retail.

•   Eliminate landscape buffers in the
    commercial area; there is no need to buffer
    like uses, such as two office buildings or a
    restaurant and a store, from each other.

2. Major Modifications

•   Create incentives to provide multiple
    housing types in existing districts through
    dimensional standards (e.g., enable small
    lots and limited buffer yards between
    homes).
    Establish or reduce block lengths or
    perimeters to produce better connections and
    increase walkability.

    Adopt context-based or neighborhood-based
    dimensional standards that replicate
    existing, appealing, compact neighborhood
    patterns (e.g., narrow street width, sidewalks
    wide enough for safe and comfortable
    walking).
   Pedestrians traverse through a neighborhood
   park to reach homes and businesses that are
   built to the street line, creating appropriate
   dimensions for common open space amidst
   small lots.
•   Revise the codes for existing districts to
    encourage neighborhood redevelopment by
    applying new dimensional standards such as
    smaller lot requirements.

•   Create districts for new compact building
    and development types that are not currently
    found in your community or neighborhood.
    (See the discussion of mixed use in Essential
    Fix No. 1.)

3. Wholesale Changes

•   Coordinate new form-based dimensional
    standards, such as the siting of buildings,
    with zoning map changes to reflect the
    nature of form-based development versus
    use-specific zones.

•   Plan a subarea of the community, then
    develop or calibrate and adopt a form-based
     Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                        10

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DRAFT - September 2009
    code to create an option for additional
    compact, walkable neighborhoods.

Practice  Pointers
•   Where significant change in dimensional
    standards is proposed, create a computer
    model, preferably in 3-D (using ArcGIS or a
    similar program), of the existing standards
    in comparison to the proposed standards.

•   Consider design and operational
    compatibility standards to ensure that new
    compact development is compatible with
    surrounding lower-density residential
    neighborhoods.

•   Revise subdivision specifications and
    standards (e.g., narrower streets, reduced
    minimum driveway width) to encourage
    denser, more compact development.

•   Relate dimensional standards to the
    transportation system (e.g., modify setbacks
    based on right of way instead of the street
    width).

•   Replace standards that allow a variety of
    forms, such as FAR, with ones that provide a
    consistent benchmark, such as height
    requirements.

•   Include other agencies, such as the public
    works or fire departments, early in
    discussions regarding efforts to revise
    dimensional standards.

•   Analyze stormwater management
    requirements of denser developments, and
    consider green infrastructure approaches.
    (See Essential Fix No. 9.)
Examples and References
•  Oregon Transportation and Growth
   Management Program. Commercial and
   Mixed-Use Development Code Handbook.
   October 2001. pp. 40-43.
   http://egov.oregon.gov/LCD/docs/publicatio
   ns/commmixedusecode.pdf

•  Freidman, S.B. and American Planning
   Association. Planning and Urban Design
   Standards. John Wiley and Sons. April 2006.
   pp. 664-666.

•  City of Franklin, Tennessee. "Chapter 5:
   Dimensional Standards." City of Franklin
   Zoning Ordinance.
   http://www.franklintn.gov/planning/Side-by-
   Side%20Comparison%20Workshops/Chapte
   r%205/Side-bv-
   side%20Comparision%20Ch%205-
   %20Part%20One.pdf. Accessed August 12,
   2009.

•  City of Durham, North Carolina. Durham
   City-County Unified Development
   Ordinance, http://www.durhamnc.gov/udo.
   Accessed August 12, 2009.

•  City of Colorado Springs,  Colorado. Mixed
   Use Development Design Manual, pp. 56-
   64. March 2004.
   http://permits. springsgov.com/units/planning
   /Currentproj/CompPlan/MixedUseDev/IV-
   %20E.pdf.

•  U.S. Green Building Council. LEED for
   Neighborhood Development (LEED-ND).
   http://www.usgbc.org/leed/nd. Accessed
   May 15, 2009.
     Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                       11

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    3
REIN IN AND  REFORM THE USE OF PLANNED UNIT
DEVELOPMENTS (PUDS)
    Introduction
    The inflexibility of Euclidean
    single-use zone districts,
    inappropriate development
    and dimensional standards,
    and Byzantine  approval
    processes have given rise to
    the use of negotiated
    developments in many
    communities. These
    negotiated developments
    usually take the form of
    planned unit developments
    (PUDs), planned
    developments,  or master-
    planned communities. This
    discussion will use PUD as
    the collective term. PUDs
    allowed communities to
    overcome some of the
    strictures of Euclidean zoning
    and provided a vehicle for
    local government to negotiate
    community benefits such as
    additional open space, recreational facilities,
    better design, and contributions to infrastructure.
    PUDs, which spread rapidly after the concept
    was introduced in the  1960s, are attractive
    because they are often simpler and quicker than
    seeking multiple amendments and variances to
    an outdated zoning code.

    Originally, PUDs were conceived of and used to
    allow flexibility in design standards to take
    advantage of site characteristics or to address
    community goals (e.g., clustering development
    to provide open space or protect sensitive natural
    areas). PUDs were meant to achieve higher
    quality developments and meet community goals
    better than the  standard subdivision and zoning
    regulations would allow. Sea Ranch in Northern
    California was a model of PUD, using attractive
    design to better integrate with the natural
    environment. Many of the initial Traditional
               New Town in St. Charles, Missouri features is a planned unit development
               that encapsulates a variety of smart growth and new urbanism features
               including compact development, mix of land  uses and design guidelines to
               create a distinctive place.
                                   Neighborhood Developments (TNDs) were
                                   approved through a PUD process.

                                   Today, however, relatively standard subdivisions
                                   are being approved using PUDs as an alternative
                                   to rewriting zoning and subdivision regulations
                                   for time and cost considerations. PUDs allow
                                   communities to impose conditions as part of the
                                   approval, which cities use to ensure they receive
                                   the appropriate infrastructure, off-site
                                   improvements, and fees to offset development
                                   impacts. The initial objective of distinctive or
                                   attractive design, however, often is lost as part of
                                   the PUD process.

                                   The PUD approach has now proliferated to the
                                   point that most projects of any size or
                                   significance are approved that way. Some
         Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                                                         12

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observers estimate that upwards of 40 percent2
of all residential units in the United States each
year are approved through a PUD process, not
conventional zoning. The result is that many
growing cities are not the products of their land
use plans and zoning codes, but rather the result
of individually negotiated agreements. Indeed, in
a growing number of communities, all major
developments are being reviewed through the
PUD process.3

As this trend proliferates, communities have
increasingly recognized the downside of relying
too heavily on PUDs and negotiated
developments, including:

•   There is significant uncertainty for
    developers, who have no standards to guide
    the development approval process, and for
    neighbors of proposed PUDs, who find that
                                                     they cannot rely on existing zoning or land
                                                     use plans and that the city planning staff
                                                     controls much of the planning process.

                                                     Project reviews can become longer, less
                                                     efficient, and politically charged and can
                                                     drag out for years.

                                                     Major planning decisions are made with less
                                                     public input into defining the community
                                                     objectives prior to a development proposal.

                                                     Environmental and design standards are
                                                     often minimized in the process.

                                                     Often this process creates an administrative
                                                     nightmare for staff that have to deal with
                                                     multiple mini-zoning codes created for each
                                                     PUD, each of which  differs on development
                                                     standards and other requirements.
                                                               Arterial  Blvd.
                                                                    Adjacent
                                                                    Neighborhood
  Riparian
  Corridor
                     '•^UVt
   The drawing of the Belmar neighborhood shows how the development fits within the context of
   neighboring uses.
2 Duerksen, C. "Rural Smart Growth Zoning Code
Tools." American Planning Association National
Conference, April 28, 2009.
3 Ibid.
     Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                                                                         13

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DRAFT - September 2009
•   The planning process becomes a project-by-
    project process rather than a comprehensive
    development review, and more of a political
    process than an evaluation of planning
    regulations and community goals.

Response to the Problem
To respond to these problems, communities are
reducing the use of PUDs by updating their
zoning districts and standards to accommodate
preferred development patterns and types. They
are also limiting the use of PUDs to larger
projects that can provide compensating
community benefits without waiving  key design
and environmental standards.

Communities are attempting to get out in front
of PUD proposals by creating PUD zoning
regulations or design guidelines. These are
generally developed as part of a community
design process so that the city can define its
goals for a site or area prior to specific
development proposals. Principles, regulations,
and design guidelines are then used in
conjunction with PUD zoning to provide clearer
direction while allowing the desired design
flexibility.

Expected Benefits
•   Increased certainty and predictability in the
    development review process while still
    allowing appropriate design flexibility.

•   Setting the basic goals and fundamental
    standards for an area's development prior to
    a specific development proposal:

    o   Creates an efficient design and review
        process and requires less staff time to
        administer the development overtime.

    o   Adheres to community growth visions
        and goals as established in
        comprehensive plans and gives the
        development sector clear direction on
        the quality, character, and fundamental
        elements the community wishes to see
        in any proposal.
    o  Prevents important design and
       environmental standards from being
       waived or weakened in the PUD
       process.

Steps to Implementation
1. Modest Adjustments

•   Reform the PUD process to ensure that the
    parcel is designed appropriately given
    topography, adjacent uses, and additional
    impacts in the PUD-designated areas, and
    reduce the use of PUDs on small sites (under
    2 acres).

•   Remove or substantially reduce the need to
    use PUDs by fixing dimensional standards,
    particularly on small parcels. (See Essential
    Fix No. 2.)

•   Create standards for PUD (e.g., apply
    Traditional Neighborhood Design policies,
    standards,  and design guidelines as base
    PUD regulations prior to receiving
    development proposals).

•   If PUDs are allowed, rein them in by
    establishing a minimum size for PUD
    projects, identifying specific allowable
    locations, and prohibiting waivers or other
    weakening of important environmental and
    design standards.

2. Major Modifications

•   Prohibit PUDs as an alternative to following
    comprehensive plans and zoning codes. This
    may require communities to run public input
    processes to provide the detailed goals,
    objectives, and design elements for
    individual  development proposals for larger
    sites. The community may also decide to
    rewrite its  zoning regulations.

3. Wholesale Changes

•   Create distinctive area and sector plans that
    give clear guidance to staff and the
    development community as to the vision and
    intended built-out of development.
     Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                        14

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DRAFT - September 2009
    Complement these plans with accompanying
    zoning.

•   Prior to accepting a development proposal
    for an area, communities should undergo a
    public master planning process to set goals
    and objectives; map land use and zoning;
    and set standards, regulations, and
    development quality through guidelines for
    the entire planning area.

•   Implement an overlay district that allows the
    development of a site or area if specific
    standards are adopted. An example could be
    an overlay of the SmartCode or another set
    of development regulations onto an area
    designated in the comprehensive plan for
    future development.

Practice Pointers
•   Consider establishing a list of compensating
    community benefits (such as a park,
    sidewalks, or trails) that the community
    expects in return for flexibility in uses,
    density, and other factors. This will reassure
    the community that they will get benefits
    from development and provide some
    certainty for developers regarding negotiated
    benefits.

Examples  and References
•   Newby, B. "Planned Unit Development:
    Planning Implementation Tools." Center for
    Land Use Education. November 2005.
    ftp: //ftp. wi. gov/D O A/public/comprehensive
    plans/ImplementationToolkit/Documents/PU
    D.pdf.

•   New York State Legislative Commission on
    Rural Resources. A Guide to Planned Unit
Development. State of New York. Fall 2005.
pp. 4-8.
http://www.dos.state.ny.us/lgss/pdfs/PUD 1 .p
df.

Benton County, Oregon. "Chapter 100:
Planned Unit Development in Corvallis
Urban Fringe." Benton County Development
Code. April 1999.
http://www.co.benton.or.us/cd/planning/doc
uments/dc-ch IQO.pdf Accessed August 12,
2009.

City of Westminster, Colorado. Design
Guidelines for Traditional Mixed Use
Neighborhood Developments. April 2006.
pp. 12-18.
http://www.ci.westminster.co.us/files/tmund.
rjdf

City of Mountain View, California. "Precise
Plans."
http: //www.mountainview. gov/city_hall/com
munitv development/planning/plans regulat
ions and guidelines/precise_plans.asp.
Accessed August 12, 2009.

St. Lucie County, Florida. "Chapter 7:
Recreation and Open Space Element." Land
Development Code. May 2009.
http://www.municode.com/resources/gatewa
y.asp?pid=14641&sid=9. Accessed August
12, 2009.

Larimer County, Colorado.  "Proceedings of
the Board of County Commissioners,
February 8, 1999."
http://www.co.larimer.co.us/bcc/1999/BC99
0208.HTM. Accessed July 10, 2009.
     Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                    15

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4
FIX PARKING REQUIREMENTS
Introduction
The parking standards found in
many conventional zoning codes
can be a significant barrier to
lively, mixed-use developments
and activity centers, especially in
existing downtowns. Parking
standards commonly in use in the
United States often call for too
much off-street parking and
require all or too much of it to be
provided on the development site.
Also, many zoning codes do not
allow consideration of alternative
parking arrangements, such as
shared parking or credit for on-
street parking that can reduce the
need for on-site spaces and help
create a more attractive streetscape.
Such regulations fail to recognize
the difference between parking
demand in various contexts.
In many communities, the effect of conventional
parking requirements is to make redevelopment
of smaller parcels in older, mature areas
infeasible and to make dense, compact, mixed-
use development nearly impossible because of
the code requirement for large expanses of
surface parking or expensive structured parking.
Large areas of surface parking in commercial
areas discourage walking and actually increase
parking demand by forcing people to drive
between destinations. Frequently, zoning codes
or development regulations allow (or even
require) surface parking to be placed between
buildings and the street, and they often allow
parking structures to be built as stand-alone
uses—both of which are deadly to vibrant,
pedestrian-oriented places.

Response to the Problem
Municipal governments across the country have
been working to create more effective parking
management systems for at least a couple of
                                                             Movie Theater
                                                      6pm
9pm
6am      9am     12pm    3pm
 Time of Day
  Codes and regulations should enable adjacent uses to share
  parking as evidences by the demand or overlap in this chart.
12am
                                    decades. The best parking management systems
                                    have these characteristics in common:

                                    •   They recognize that too much parking can
                                       be a serious issue, but so can not enough
                                       parking. Regulating parking supply became
                                       common in the first place because of the
                                       issues caused when developers provided
                                       inadequate parking and parking spilled over
                                       into nearby neighborhoods. What is
                                       generally needed is "the right amount" of
                                       parking, which can vary widely by place and
                                       by time. Good parking systems are carefully
                                       balanced to be specific to their settings and
                                       are adaptable to changes overtime.

                                    •   They recognize that parking policy must be
                                       well integrated with overall transportation
                                       policy and land use policy. Transit services,
                                       good bicycle facilities, and a great walking
                                       environment can reduce parking demand
                                       significantly. Mixed-use development
                                       coupled with good walking environments
                                       can reduce parking demand even further.
     Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                                                           16

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DRAFT - September 2009
    However, these transportation options must
    be in place before reducing parking
    requirements. For example, it makes little
    sense to reduce parking supply so that
    people will ride the bus if transit service
    levels are too low to attract ridership.

    They take into account that parking is
    inherently expensive. Surface parking
    consumes valuable land, removing it from
    productive use. Structured parking incurs
    capital costs  that can exceed $20,000 per
    space,4 thereby subtracting capital funds
    from development. Successful parking
    management systems reconcile the cost of
    providing parking with local taxation and
    fees, with the fine schedule for parking
    violations, and with the fees charged for use
    of parking.
                                      local codes are based on demand studies
                                      conducted in spread-out suburban places.
                                      These studies reflect parking demand in
                                      settings where shoppers and workers do not
                                      or cannot walk or use transit. In mixed-use
                                      settings with good pedestrian environments,
                                      such regulations overestimate parking
                                      demand and have a self-fulfilling effect by
                                      making mixed-use development and
                                      redevelopment physically impossible.

                                      Off-Site Parking - In mixed-use
                                      environments, parking should be treated as a
                                      utility, not an on-site private activity.
                                      Requiring each  landowner in a downtown to
                                      provide private  parking on his or her parcel
                                      is akin to requiring each landowner to drill
                                      his or her own water well. Modern parking
                                      ordinances allow parking minimums to be
                                      met off site, although they may require that
                   u
         ALLEY
                          RESIDENTIAL
    SHARED PARKING
Commercial & Residential Guest
                                          DEDICATED PARKING
                                          •». _ Residential
    Parking can be accommodated through a variety of means including mixed use parking structures.
Successful municipal parking management
systems generally incorporate some combination
of the following strategies and measures:

•   Lower Parking Supply Minimums - The
    minimum parking requirements in many
4 U.S. EPA. Parking Spaces / Community Places:
Finding the Balance Through Smart Growth
Solutions. February 2006. EPA 231-K-06-001. p. 9.
                                      the parking location be within a maximum
                                      600- to 1,000-foot distance from the
                                      development. These could be private joint
                                      parking facilities or public facilities owned
                                      by a parking district. The developer is still
                                      responsible for the  cost of parking, either
                                      directly through capital fees or indirectly
                                      through property taxes. In some settings, it
                                      is feasible to "unbundle" parking from
      Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                                                           17

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DRAFT - September 2009
    residential projects, allowing parking to be
    provided on the open market.

    Fee-In-Lieu System - In places where the
    city is providing public parking facilities or
    where a parking district has been created,
    provisions can be written that allow a
    developer to pay a set fee in lieu (FIL) of
    providing parking supply directly. The
    money from FIL payments is then used to
    expand public parking supply. It is important
    that any FIL fee schedule be realistic  about
    actual costs of parking.

    Shared Parking Credits - Spread-out parking
    requirements assume that each business has
    its own separate parking supply and that it
    must be large enough to accommodate the
    peak hour of the peak day of the year. That
    assumption results in excessive parking.
    Different parking uses peak at different
    times of day—office parking in the middle
    of the day, retail in late afternoon and on
    weekends, restaurants in the evening. Shared
    parking provisions allow developers to
    reduce parking supply requirements when
    different uses can share the same parking
    spaces.

    Parking Enforcement - A pervasive cause of
    perceived parking shortages is the misuse of
    premium parking by employees. The  closest,
    most convenient parking spaces—storefront,
    on-street parking in particular—should be
    protected for use by customers. Yet in many
    places, these spaces are occupied by
    employees' cars. Even where time
    restrictions have been established, they are
    often poorly enforced or the fines are too
    low to deter routine abuse. This situation can
    be corrected by ensuring there is adequate
    employee parking nearby and by adequately
    staffing enforcement.

    Public Transit - Many communities have
    reduced parking demand in mixed-use areas
    by improving transit service, especially for
    commuters. This approach is especially
    attractive because it reduces parking demand
    while improving mobility and access.
    Transit provides environmental benefits as
    well, including reduced air pollution and
    greenhouse gas emissions.

•   On-Street Parking - The most valuable
    parking in most commercial and mixed-use
    places is parking on the street in front of
    businesses. Yet many cities are careless
    about keeping on-street parking or do not do
    enough to ensure the maximum number of
    spaces per block.  Shifting from parallel to
    diagonal parking can increase parking
    supply by up to 30 percent per block face.

Expected Benefits
•   Lower cost of redevelopment and infill
    projects, helping them compete with
    outlying projects.

•   Lively, active, economically strong mixed-
    use districts that are regional destinations.

•   Increased tax base and tax revenues.

•   Increased transit patronage that supports
    increased levels of transit service.

•   More pedestrian-friendly environments.

Steps to Implementation
(Note: some of these measures are  in support of
code changes, but are not in themselves
addressed through the zoning or land
development code.)

1. Modest Adjustments

•   Create a parking overlay district in the
    parking code for a downtown or other
    mixed-use area. Reduce minimum off-street
    parking supply requirements in the overlay
    district based on recalculated demand
    resulting from alternative transportation
    options, the mix of land uses, and a "park
    once" strategy that encourages parking in
    one place and walking to multiple
    destinations. Calculate a shared parking
    allowance based on the specific land uses in
    the overlay district.
     Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                        18

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DRAFT - September 2009
•   Develop residential parking permit
    provisions to help protect neighborhoods
    affected by overflow parking resulting from
    increased parking enforcement. Design the
    system to be applied in neighborhoods (not
    automatically citywide) based on criteria,
    such as the actual amount of on-street
    parking demand. Carefully manage and
    enforce the residential parking permit
    system to avoid abuse, such as sale of
    permits. Consider returning a portion of
    receipts from parking permit fees to the
    neighborhood in the form of street repairs
    and improvements. Consider selling
    "commuter permits" for residential streets in
    parking permit districts near mixed-use
    centers, with all or some of the revenue
    returned to the neighborhood in the form of
    capital repairs and improvements.

•   Work with the public works department to
    increase the amount of on-street parking in a
    downtown or other mixed-use center.
    Convert parallel to diagonal parking where
    feasible. Evaluate parking stall
    specifications (length and width) and reduce
    them if possible to increase parking supply.

•   Establish (in the code) authorization for
    parking advisory committees for specific
    areas where parking issues are controversial.
    Provide for the appointment of a cross
    section of stakeholders, including businesses
    and residents. Charter the committee to
    advise on parking studies and on potential
    changes to parking ordinances.

2. Major Modifications

•   Undertake a comprehensive revision of the
    parking ordinance. Some specific revisions
    might  include:

    o   Revise the tables of parking supply
        minimums, reducing them wherever
        possible to reflect context, transportation
        options, and land use mix.

    o   Develop a system of shared parking
        credits, either as a set percentage in
        connection with form-based codes or
    based on the land use mix in connection
    with zoning.

o   Create parking overlay districts for
    downtowns and mixed-use centers, and
    write provisions for future additional
    overlay districts.

o   Unbundle parking from residential
    development in districts with higher
    densities and a mix of uses.

o   Allow off-site parking in dense retail
    districts and set limits for its distance
    from development sites.

o   Develop provisions to govern joint
    parking (i.e., parking allowed through
    contracts or leases with other businesses
    or landowners) to ensure that parking
    supply commitments made in
    connection with development approval
    are honored and maintained over time.

o   Allow some credit for on-street parking
    supply in retail districts. Allow for
    substitution of a form-based code in
    certain zone districts to simplify and
    eliminate the need for more detailed
    parking regulations.

Overhaul the parking enforcement system.
Improve enforcement of parking time limits
by acquiring hand-held computers for
issuing tickets (replacing a system of
chalking tires). Revise the parking overtime
ordinance to provide escalating fines for
scofflaws (repeat offenders) and set fines at
levels that deter abuse. Increase enforcement
levels so that probability of being ticketed
for overtime parking approaches certainty.
Evaluate parking supply in and around
parking overlay districts and identify
parking supply to be available for commuter
parking use. Develop a Residential Parking
Permit (RPP) system to help protect
neighborhoods impacted by overflow
parking resulting from increased parking
enforcement.
      Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                     19

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DRAFT - September 2009
3. Wholesale Changes

•   Work with the local or regional transit
    agency to develop a commuter transit pass
    that is bundled with a parking permit in
    parking districts and paid for with proceeds
    from the district's revenues, including tax
    revenues. Use this "universal pass" to
    increase transit patronage while managing
    commuter parking demand.

•   Institute paid parking for public parking
    supply in parking districts. Start with off-
    street, publicly owned parking. Pay kiosks
    for on-street parking can reduce streetscape
    impacts such as visual clutter from
    individual parking meters, are more
    efficient, and are more convenient for
    customers.

Practice Pointers
•   Implement design standards for parking
    structures.

•   Tailor parking standards for infill areas as
    opposed to greenfield sites (e.g., fewer,
    smaller spaces in infill).

•   Provide priority parking for hybrid or
    alternative-fuel vehicles to encourage use of
    these vehicles.

•   Consider requiring a portion of the parking
    lotto be constructed of pervious materials.

Examples and  References
•   Shoup, D. The High Cost of Free Parking.
    Planners Press, American Planning
    Association. 2005. Chapter 20.

•   Metropolitan Transportation Commission.
    Developing Parking Policies to Support
    Smart Growth in Local  Jurisdictions: Best
    Practices. April 2007. pp. 14-18.
http: //www.mtc. ca. gov/planning/smart grow
th/parking studv/April07/bestpractice 0423
07.pdf.

U.S. EPA. Parking Spaces / Community
Places: Finding the Balance Through Smart
Growth Solutions. February 2006. EPA 231-
K-06-001.
http ://www.epa. gov/smartgrowth/parking .ht
m.

Maryland Governor's Office of Smart
Growth. Driving Urban Environments:
Smart Growth Parking Best Practices.
March 2006. pp.  5-6.
http: //www. smartgrowth. state .md .us/pdf/Fin
al%20Parking%20Paoer.pdf.

Litman, T Parking Management: Strategies,
Evaluation, and Planning. Victoria
Transport Policy  Institute. November 2008.
p. 15. http://www.vtpi.org/park man.pdf.

Fitzgerald & Halliday, Inc. Northwest
Connecticut Parking Study - Phase II:
Model Zoning Regulations for Parking for
Northwestern Connecticut. Northwestern
Connecticut Council of Governments and
Litchfield Hills Council of Elected Officials.
September 2003.
http://www.fhiplan.com/PDF/NW%20Parki
ng%20Studv/NW%20Connecticut%20Parki
ng%20Studv%20Phase%202.pdf.

Forinash, C. et al. "Smart Growth
Alternatives to Minimum Parking
Requirements." Proceedings from the 2nd
Urban Street Symposium. July 28-30, 2003.
http://www.urbanstreet.info/.

Victoria Transport Policy Institute. "Parking
Maximums."  TDMEncyclopedia.
http://www.vtpi.org/tdm/tdm28 .htm#  Toe 12
8220478. Accessed April 12, 2009.
     Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                    20

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5
INCREASE DENSITY AND  INTENSITY IN CENTERS
Introduction
Density is probably the most
discussed and least understood
concept in urban planning. Residents
and elected officials routinely see the
amount of development (e.g., the
number of dwelling units, the square
footage of commercial space) allowed
on a site as  one of the most important
consideration in local planning. "Too
much" density is often seen as the
cause of traffic congestion, ugly
buildings, loss of green space, crime,
and many other ills. However,
increasing the average density of
infill, redevelopment, and greenfield
projects is crucial to improving the
quality of life in the community.
Higher density is important to
protecting open space and supporting
transportation options like transit,
walking,  and biking. Furthermore,
EPA research5 shows that higher
densities  may better protect water
quality—especially at the lot and
watershed levels.
                       As a development center, the Ballston neighborhood of
                       Arlington, Virginia has been designated to accommodate
                       additional growth.
Much of what people dislike about density is in
reality the result of development patterns that
help to increase congestion on arterials, single-
use areas that emphasize driving to get to
destinations, and dense developments that are
poorly designed. And, unfortunately, many
people associate density with poorly managed
rental or affordable housing developments. Fear
of lower property values is often an underlying
concern of residents when discussing higher
density developments.

Density itself does not determine the quality of
development. Many high-density areas, in fact,
are the most desirable areas in a region, such as
5 U.S. EPA. Protecting Water Resources Through
Higher-Density Development. 2006. EPA 231-R-06-
001.
                                    Dupont Circle in Washington, D.C., and the
                                    Chicago suburb of Oak Park, Illinois. These
                                    areas are attractive because the density is well
                                    designed, with appealing streetscapes, mixture
                                    of uses, site planning, and building design.
                                    Despite the multiple benefits that can be derived
                                    from projects with higher densities, gaining
                                    political approval for higher density projects is
                                    often difficult and controversial.

                                    Desire for privacy, feeling crowded, fear of
                                    crime, parking, and compatibility with the
                                    character of the community are often the issues
                                    that residents cite as concerns with more dense
                                    developments. Identifying techniques and
                                    requirements to ensure that higher density
                                    projects are compatible with existing
                                    neighborhoods will help respond to these
                                    concerns.
     Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                                                           21

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DRAFT - September 2009
Response to the Problem
The concept of density requires ample
discussion and education to allay
misconceptions and correct misunderstandings
about its purpose and benefits. Increased density
creates the customer base needed for transit,
retail, and amenities residents want. Residents of
less dense communities may ask, "Why can't we
have the amenities that that community has?"
Often, the answer is that the other community is
denser. The benefits and resources discussed in
this section provide the  foundation for a
complete community, one that needs increased
density to thrive.

Communities need to address density in a
comprehensive manner  rather than project by
project.  There are a number of strategies and
tools that communities may use to decide which
parts of their community should be densest.
Through the comprehensive or general plan
process, the community should target areas that
have the character and infrastructure to support
higher density development. Communities
should ensure that higher density developments
go into mixed-use areas that will allow walking
and biking to  shops and services, which reduces
driving and can minimize parking requirements.
Lastly, communities should focus much of their
higher density where it can be  served
conveniently by bus or rail transit, which will
also reduce the need to drive and provide other
environmental benefits.

These policies can be implemented through new
mixed-use or  transit-oriented development
(TOD) districts, changes in zoning designations,
or modifying  zoning to  allow greater density in
existing districts. Other strategies include
creating new compatibility standards and design
guidelines to improve transitions between higher
density development and low-density
neighborhoods.

Expected Benefits
•   Less pressure to expand development to
    outlying areas, thus protecting agricultural
    lands, natural open  space, bodies of water,
    or sensitive habitat.
•   Buildings and developments that use less
    energy, less land, and typically less
    materials. Because of the more efficient
    buildings and the transportation options that
    reduce the need to drive, residents generate
    fewer greenhouse gases per capita.

•   More diverse communities with more
    opportunities for affordable housing,
    particularly in areas that have high land
    values and scarce development sites.

•   More effective transit service. In lower
    density neighborhoods, seven to eight units
    per acre is the minimum density necessary
    to support transit service.6

•   Support for local shops and services that
    rely on customers who can walk or bike
    from surrounding neighborhoods.

Steps to Implementation
1. Modest Adjustments

•   Set minimum (as opposed to maximum)
    densities in general or comprehensive plans
    and zoning districts. This tool helps creates
    neighborhoods that are  close-knit and
    vibrant and helps achieve benchmarks for
    citywide housing policies and goals.

•   Designate locations for higher density
    development centers in comprehensive
    plans.

•   Create activity center districts with higher
    densities, increased heights and FAR, and
    reduced parking requirements. This can be
    done by creating specific zones, modifying
    existing zones, or creating a new overlay
    district that allows  selective modification of
    existing zoning regulations in an already
    zoned area without changing all of the
    zoning  of a parcel.
                                                   6 Dittmar, H. and Ohland, G. The New Transit Town.
                                                   2003.
      Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                        22

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DRAFT - September 2009
2. Major Modifications

•   Tailor development standards (e.g., height
    limits and FAR, parking requirements, and
    open space and landscaping regulations) to
    accommodate denser developments. Urban-
    style projects should not be evaluated based
    on low-density development standards.

•   Rezone areas designated as activity centers
    based on comprehensive plans to increase
    density, as opposed to using case-by-case
    re zoning.

3. Wholesale Changes

•   Use a redevelopment agency to purchase
    difficult-to-obtain or critical parcels. This is
    particularly effective with areas such as
    corridors, which often have smaller parcels
    that require aggregation to allow higher
    density development.

•   Establish minimum densities or intensities in
    community or regional mixed-use centers
    and transit-oriented developments.

•   Do not count structured parking towards
    FAR, if FAR is used in regulations. For
    example, parking that is elevated more than
    four to five  feet above grade, should not be
    counted towards FAR. Do not count above-
    grade parking structures as FAR if they are
    "wrapped" by residential development.

•   Parking can be a costly component of
    development. Parking may be reduced as
    part of a TOD or a mixed-use, high-density
    district. Parking may also  be "unbundled"
    from the residential units,  which allows
    residents to choose not to purchase parking.
    (See Essential Fix No. 4.)

•   Set parking maximums rather than
    minimums to discourage too much parking
    supply for a development. This will allow
    higher density development, as parking
    often limits a project's overall density.
Practice Pointers
•   Density is context sensitive; different levels
    of density will be appropriate in different
    places.

•   Adopt site and building design standards for
    higher density projects to ensure high-
    quality, attractive development.
 The Back Bay in Boston, Massachusetts serves
 as a center for commerce, housing and other
 activities. The intensity of resources here
 minimizes pressure to develop elsewhere
 because of available infrastructure and services.
    Consider offering density bonuses and
    flexible zoning standards to encourage
    construction of affordable housing. Many
    jurisdictions have developed density
    bonuses, as well as allowable concessions or
    variances for specific regulations, as an
    incentive for affordable, senior, or disabled
    housing.

    Designating a buildable envelope rather than
    specifying density allows flexibility in the
    number of units, which creates greater
    density while controlling variables  such as
    height and setbacks.

    Adopt transition/compatibility standards
    (e.g., building setbacks, open space,
    landscaping) to ensure that higher density
    projects in activity centers are compatible
    with surrounding neighborhoods.
      Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                        23

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DRAFT - September 2009


Examples and References
•   U.S. EPA. Protecting Water Resources with
    Higher-Density Development. January 2006.
    EPA231-R-06-001. pp. 44-51.
    http://www.epa.gov/smartgrowth/water_den
      '.htm.

    State of Georgia. "Minimum Density
    Zoning." Georgia Quality Growth Toolkit.
    http://www.dca. state.ga.us/intra_nonpub/Too
    Ikit/Guides/MinDensZning .pdf. Accessed
    June 30, 2009.

    Edelman, M. "Increasing Development
    Density to Reduce Urban Sprawl." Iowa
    State University Extension Service. 1998.
    http://www.extension.iastate.edu/newsrel/19
    98/dec98/dec9810.html.

    Coupland, A. Reclaiming the City: Mixed
    Use Development. Routledge. November
    1996. p. 35.

    Williams, K. and Seggerman, K. Model
    Regulations and Plan Amendments For
    Multimodal Transportation Districts. Florida
    Department of Transportation. April 2004.
    http: //www. dot. state. fl .us/planning/svstems/s
    m/los/pdfs/MMTDregs.pdf

    Oregon Transportation and Growth
    Management Program. Commercial and
Mixed-Use Development Code Handbook.
October 2001. pp. 40-43.
http://egov.oregon.gov/LCD/docs/publicatio
ns/commmixedusecode.pdf

City of Colorado Springs, Colorado. Mixed
Use Development Design Manual. March
2004.pp.56-64
http://permits.springsgov.com/units/planning
/Currentproj/CompPlan/MixedUseDev/IV-
%20E.pdf.

Institute for Urban and Regional
Development. "Relations between
Affordable Housing Development and
Property Values." Working Paper 599.
University of California, Berkeley. May
1993.
http: //www .hcd .ca. gov/hpd/prop_value .pdf
Accessed August 27, 2009.

California Housing Law Project. "SB 1818 -
Density Bonus." Fact sheet. 2004.
http://www.housingadvocates.Org/facts/l 818
.pdf

Shoup, D. The High Cost of Free Parking.
Planners Press, American Planning
Association. 2005. Chapter 20.
     Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                   24

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DRAFT - September 2009
6
MODERNIZE STREET STANDARDS
Introduction
For several decades, municipal decisions
about the size and design of streets have
been based primarily on traffic capacity
considerations. This narrow focus
overlooks the fundamental role that streets
play in shaping neighborhoods and
communities. Streets are an important use
of land. The design of streets influences
the character, value, and use of abutting
properties, as well as the health and
vitality of surrounding neighborhoods.
Street design also determines whether the
area will be walkable, whether certain
types of retail will be viable, and whether
the urban landscape will be attractive and
comfortable or stark and utilitarian. These
impacts, in turn, affect land values (and
associated tax receipts) and overall
economic strength and resiliency. The
character of streets can discourage or
encourage redevelopment, hasten or
reverse urban flight, and add or subtract
value from abutting property. These are
obviously important policy considerations for
any municipality.
Street design also affects environmental factors,
including the volume of storm water runoff, the
water quality of that runoff, and the magnitude
of the urban heat island effect. Street trees are
particularly important: they remove carbon
dioxide and certain pollutants from the air; they
intercept and absorb rain before it reaches the
street; they shade the landscape, reducing
ambient air temperatures in warm months; they
add aesthetic value to neighborhoods;  and they
slow traffic,  improving public safety.

Cities and towns  have tended to make  planning
and design decisions  about streets one project at
a time and based on a limited perspective of
specific sections  of specific streets. This narrow
perspective ignores the fact that transportation
systems are comprised of networks of facilities.
The macro-scale  characteristics of networks are
                           This view of University Boulevard in Palo Alto, California
                           includes amenities for cars and bikes.
                                    more important than the micro-scale design of
                                    specific street sections in determining how well
                                    a local transportation system functions
                                    (including how much capacity the system has).

                                    This conventional project-by-project perspective
                                    has resulted in poorly connected networks of
                                    oversized streets, rather than well-connected
                                    networks of smaller streets. The resulting
                                    connectivity problems have been exacerbated by
                                    the national trend, beginning in the  1920s, of
                                    letting developers make network layout and
                                    connectivity decisions for streets built as part of
                                    their subdivisions and commercial sites. The
                                    inevitable outcomes have been poor
                                    connectivity, inconvenient circulation, and over-
                                    crowded arterials. These outcomes,  in turn, have
                                    been detrimental to emergency service response,
                                    access to existing businesses, and neighborhood
                                    walkability.

                                    The issues around street design and network
                                    connectivity have been further compounded by
                                    oversimplified and unsupported theories about
      Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                                                            25

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DRAFT - September 2009
traffic safety. In recent years, transportation
engineering analysis has shown that street width;
the size, proximity, and orientation of buildings
and street trees; the configuration of
intersections; and the presence of on-street
parking all have significant effects  on the speed
and attentiveness  of drivers. Designed properly,
these elements can reduce both accident
frequency and accident severity.

Clearly, there is a need for communities to
update their approach to planning, designing,
and building streets and street networks.

Response to the Problem
Generally, cities have  addressed street design
issues through subdivision regulations rather
than zoning ordinances, although that varies
depending on the  local regulatory structure.
Form-based codes can provide a foundation for
street design and, to a lesser extent, for
connectivity, but additional design  details and
procedural requirements will be needed. The
primary techniques that cities and towns are
implementing to improve street design include:

•   Complete Streets - Streets should be
    designed to serve  all modes of travel equally
    well — pedestrians, bicycles, personal
    vehicles, and  transit.

•   Narrow Local Streets - Local streets (streets

                                         Street
     2     8       *

          walk  «
                             B
                                                  iff
                                                     that primarily provide access to abutting
                                                     properties, as opposed to streets that
                                                     primarily serve pass-through traffic) should
                                                     be no wider than absolutely necessary.

                                                     Context-Sensitive Thoroughfares - Arterial
                                                     and collector thoroughfares should be
                                                     designed to fit the character of abutting
                                                     lands and surrounding neighborhoods and
                                                     should not be overly wide or designed to
                                                     encourage inappropriate vehicular speeds.

                                                     Pedestrian-Oriented Environments - Streets
                                                     should be walkable—safe, attractive, and
                                                     convenient for pedestrians, including people
                                                     walking for utilitarian purposes as well as
                                                     people strolling and exercising.

                                                     Universal Design - Pedestrian facilities
                                                     should be designed to be convenient and
                                                     safe for a wide variety of people, including
                                                     persons with disabilities, elderly people and
                                                     children, people pushing strollers, and
                                                     strong, fit pedestrians walking quickly.

                                                     Green Streets - Streets can be designed with
                                                     features that manage  stormwater and protect
                                                     water quality by reducing the volume of
                                                     water that flows directly to streams and
                                                     rivers; using a street tree canopy to intercept
                                                     rain, provide shade to help cool the street,
                                                     and improve air quality; and serving as a
           Ground
                                  *           r           *
                           parking    vehicular     vehicular    parking   tree lawn
                                      lar"f

                                    62" R.O.W.
                                  M Curb to Curb
This street sections show the typical array of uses for a right of way including pedestrians
automobiles.
                                                                                     and
      Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                                                                          26

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DRAFT - September 2009
    visible element of a system of green
    infrastructure that is incorporated into the
    community.

•   On-Street Parking - On-street parking is not
    only a convenient way to add value to
    properties in mixed-use districts. It can also
    be a design strategy to make streets safer
    and more appealing for pedestrians.

Many communities, along with state
departments of transportation, are addressing
network connectivity issues by changing their
land development codes and subdivision
regulations to require minimum connectivity in
new development and in redevelopment. To be
effective, these standards must address both
external connectivity (how well connected a
development is with the larger street network)
and internal connectivity (how well the land uses
in the development are connected with each
other). The most commonly used connectivity
regulations establish standards for:

•   Maximum block length and circumference
    or block area;

•   Minimum intersections per linear mile of
    roadway or per square mile of area; and

•   Connectivity Index (the number of street
    links divided by the number of
    intersections).

Expected Benefits
•   Improved safety for drivers, pedestrians, and
    bicyclists.

•   Reduced environmental footprint, including
    less stormwater runoff, less of a heat island
    effect, and less land consumed.

•   More walking and biking with attendant
    health benefits.

•   Value added  to abutting properties and
    surrounding neighborhoods.

•   Increased tax base and tax revenues.
•   A more attractive city or town with more
    economic vitality and resiliency.

•   A more flexible, adaptive network to help
    avoid congestion.

•   Improved emergency response and
    emergency evacuation capability.

•   Reduced street maintenance costs.

•   Allowing people to drive less with no
    reduction in mobility.

Steps to Implementation
1. Modest Adjustments

•   Revise the local street design standards to
    add a "road diet" cross section for
    appropriate streets that currently have four
    general purpose lanes with no on-street
    parking, no bike lanes, inadequate
    pedestrian space, or any combination of
    these deficiencies. Set criteria for conversion
    to three lanes (two general purpose lanes
    and a two-way left turn lane)  with either
    bike lanes or on-street parking and improved
    pedestrian amenities.

•   Update the local street design standards to
    include universal design criteria for
    pedestrian curb ramps, crosswalks, and curb
    extensions. Create overlay design criteria for
    Safe Routes to School programs, transit
    corridors, downtowns, and other priority
    pedestrian areas.

•   Update design standards governing
    provision of street trees to increase the city's
    street canopy as new streets are built and as
    existing streets undergo major renovation.
    Clearly and permanently resolve issues of
    cost responsibility for maintenance of street
    trees. Ensure that standards are realistic for
    the local climate, specifying appropriate tree
    species and appropriate designs to contain
    tree root structures.

•   Adopt a policy governing  provision of bike
    lanes on arterials and collectors as streets are
    built and as existing streets undergo major
      Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                        27

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DRAFT - September 2009
    renovation. Set standards for deciding which
    streets will have on-street lanes, taking into
    account spacing of facilities, speed of traffic,
    availability of right of way, and other
    practical matters. This policy will be most
    effective if it is based on a local bicycle
    system plan that sets system objectives,
    defines facility types, and sets connectivity
    standards.

•   Begin developing and testing stormwater
    management designs such as rain gardens,
    bio-swales, and other techniques in
    preparation for development of green streets
    standards and policies.

2. Major Modifications

•   Because streets are integral to community
    form and character, the best way to set the
    stage for improvements in street design and
    street network connectivity is to embed
    street design principles in the
    comprehensive plan or community master
    plan. In states and regions with growth
    management or environmental requirements
    governing preparation of local plans, this
    will be a necessary step prior to the
    measures described below. In most places,
    the planning foundation should take the
    form of a multimodal transportation master
    plan or a multimodal transportation element
    in the comprehensive plan.

•   Revise the street classification system to
    create a "multimodal corridor" designation.
    This can also be handled as an overlay
    requirement without changing the
    underlying functional classification system.
    Use the multimodal corridor designation to
    apply complete streets principles (design for
    all modes) in specific corridors. A network
    of multimodal corridors based on local
    transit routes and on a bicycle system plan
    can  guide both development review and
    prioritization of projects in a capital
    improvements program. This should be an
    interim step toward implementation of
    complete streets requirements
    communitywide.
•   Revise street design standards to add
    "narrow local streets" categories. Create
    design templates for residential and
    commercial streets that are narrower than
    currently allowed.

•   Set minimum internal connectivity standards
    for new subdivisions based on maximum
    block length, block size, intersections per
    square mile, or a Connectivity Index.

•   Create a policy or update existing
    requirements to prevent any street
    abandonment or closure that would reduce
    the connectivity of the street network.

3. Wholesale Changes

•   The need for a planning foundation applies
    to measures in this section as well. All of the
    measures described below should be based
    on an adopted multimodal transportation
    master plan or multimodal transportation
    element in the comprehensive plan.

•   Overhaul the street design standards with the
    objective of reducing the future
    environmental footprint of streets.
    Incorporate complete streets provisions and
    green streets principles. Adopt narrower
    lanes, narrower rights of way, and reduced-
    lane cross sections.

•   Reintroduce public alleys into the local
    transportation system. Create standards
    allowing and guiding provision of alleys in
    subdivisions and requiring them in large
    commercial projects. Add alley templates to
    the local street design standards.

•   Set minimum internal and external
    connectivity standards to be applied to all
    new subdivisions and large commercial
    projects and to guide local public works
    decision-making relative to the  capital
    improvements program.

•   Update the code to significantly increase the
    amount of on-street parking in commercial
    and mixed-use districts and on residential
    streets.
      Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                        28

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DRAFT - September 2009
Practice Pointers
•   Involve emergency service providers and the
    public works and other departments early in
    comprehensive planning and before code
    revisions are drafted. Narrower lanes and
    reduced-lane cross sections can be
    controversial, and city councils may be
    unwilling to override a fire chief's concerns
    about these issues. In many cases,
    coordination and cooperation between local
    departments have overcome such obstacles.

•   In many states, at least some degree of state
    guidance applies to local street design
    standards. And in virtually any municipality,
    some important streets will be under state
    jurisdiction (e.g., state routes). For these
    reasons, early and continuing coordination
    with the state department of transportation is
    critical to the success of most of the
    measures outlined above.

•   Look for opportunities for cost savings and
    other benefits associated with narrower
    street standards,  including reduced
    stormwater volume, reduced snow removal
    and other maintenance costs, and other
    savings.

Examples and References
•   Handy, S., Paterson, R., and Butler, K.
    Planning for Street Connectivity: Getting
   from Here to There. Planning Advisory
    Service Report Number 515. American
    Planning Association. May 2003. pp. 12-15.
    http://www.planning.org/apastore/search/def
    ault.aspx?p=2426

•   Institute of Transportation Engineers.
    Context Sensitive Solutions in Designing
    Major Urban Thoroughfares for Walkable
    Communities: An ITE Proposed
    Recommended Practice. May 2005.
    http://www.ite.org/emodules/scriptcontent/or
    ders/ProductDetail.cfm?pc=RP-036. (Note:
    this document is being updated and is
    expected to be issued as a final
    recommended practice in late 2009.)
Larimer County, Colorado. Larimer County
Urban Area Street Standards. April 2007.
http://www.larimer.org/engineering/gmardst
ds/UrbanSt.htm. Accessed June 25, 2009.

City of Charlotte, North Carolina. Urban
Street Design Guidelines. October 2007.
http://www.charmeck.org/Departments/Tran
sportation/Urban+Street+Design+Guidelines
.htm. Accessed June 25, 2009.

Williams, K. and Seggerman, K. Model
Regulations and Plan Amendments For
Multimodal Transportation Districts. Florida
Department of Transportation. April 2004.
http: //www. dot. state. fl .us/planning/systems/s
m/los/pdfs/MMTDregs.pdf

National Complete Streets Coalition.
http://www.completestreets.org.

City of Roanoke, Virginia. Street Design
Guidelines. July 2007.
http://www.roanokeva.gov/85256A8D0062
AF37/CurrentBaseLink/7C223BF47CE3725
6852575F2006CEDF8/$File/STREET DBS
IGN GUIDELINES.pdf. Accessed June 14,
2009.

Duany Plater-Zyberk & Company.
SmartCode, Version 9.2. February 2009.
http://www.smartcodecentral.com/smartfiles
v9  2.html.

American Association of State Highway and
Transportation Officials. Guidelines for
Geometric Design of Very Low-Volume
Local Roads (ADT<400). 1st Edition. June
2001.
https://bookstore .transportation.org/imagevi
ew.aspx?id=450&DB=3.

Neighborhood Streets Project Stakeholders.
Neighborhood Street Design Guidelines: An
Oregon Guide for Reducing Street Widths.
Oregon Transportation and Growth
Management Program. November 2000.
http://www.oregon.gov/LCD/docs/publicatio
ns/neighstreet.pdf
     Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                    29

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DRAFT - September 2009
    Mozer, D. "Planning: Bicycle and Pedestrian
    Friendly Land Use Codes." International
    Bicycle Fund. April 2007.
    http://www.ibike.org/engineering/landuse.ht
    m. Accessed September 13, 2009.

    Metro Regional Government (Portland,
    Oregon). Green Streets: Innovative Solutions
   for Stormwater and Stream Crossings. June
2002.
http://www.oregonmetro.gOv/index.cfm/go/b
v.web/id=26335.

City of Boulder, Colorado. "Multimodal
Corridors." April 2006.
http://www.bouldercolorado.gov/index.php?
option=com  content&task=view&id=3 5 5 &I
temid=1624. Accessed June 12, 2009.
     Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                   30

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DRAFT - September 2009
7
ENACT STANDARDS TO  FOSTER WALKABLE
PLACES
Introduction
In smart growth communities, people
are able to walk comfortably and
safely to work, school, parks, stores,
and other destinations. Current codes
in many communities, however, result
in places that prevent or discourage
walking by imposing low-density
design (see Essential Fix No. 2),
including overly wide streets and
landscapes designed for cars instead
of people (see Essential  Fix No. 6). In
such places, the pedestrian realm is
treated as an afterthought—the space
left over between the edge of the
street and the buildings and parking
lots. One significant challenge to
developing a walkable community is
the lack of design standards or
performance measures for walkability,
like those that guide other kinds of
transportation planning and design.
Thus many communities are not in a
position to guide private development and public
works investments to build good pedestrian
accommodation into development and
redevelopment, and they do not have programs
or provisions to repair older, pedestrian-hostile
areas. The magnitude of this need has been
highlighted in recent years both by the number
of pedestrian injuries and fatalities and by the
health effects that less physical activity—which
is often a direct result of urban design—have
had on the U.S. population.

Response to the Problem
The two primary elements to be addressed
through codes are design standards for facilities,
including public works facilities built by and for
the city (e.g., streets and sidewalks), and
requirements for private development and
redevelopment projects.  Communities usually
regulate facility design through design standards
adopted as ordinances or as administrative rules.
                       Pearl Street in Boulder, Colorado shows the street view of how
                       wide sidewalks can contribute to a pleasant walkable experience.
                                   In addition to guiding the planning and design
                                   decisions for municipal facilities, these design
                                   requirements may be applied to private projects
                                   in part through the zoning approval process and
                                   in part through subdivision regulations. In some
                                   communities, form-based codes are used not
                                   only to guide the design of streets and sidewalks,
                                   but also to create a connection between all
                                   elements of the built environment. Communities
                                   may also use level of service7 standards to
                                   ensure that development and redevelopment
                                   projects meet minimum criteria for walkability.
                                   Finally, communities may adopt Safe Routes to
                                   School program planning and design criteria and
                                   may designate pedestrian districts or zones in
                                   special areas (e.g., in downtowns, around
                                   schools, near colleges and universities).
                                   7 Level of service is a measure of effectiveness by
                                   which traffic engineers determine the quality of
                                   service of elements of transportation.
     Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                                                          31

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DRAFT - September 2009
Expected Benefits
•   Safer communities with fewer pedestrian
    injuries and deaths from vehicle collisions.

•   Healthier people because of more
    opportunities to walk or bike.

•   More economically viable places, stabilized
    property values, and reduced retail leakage
    (where potential patrons go elsewhere,
    perhaps due to a lack of safe walking
    conditions).

•   Increased transit ridership because of better
    pedestrian access to transit.

•   Reduced parking  demand in commercial
    areas due to "park once" strategy.

•   Reduced driving as short trips are made by
    walking rather than driving.

•   Reduced per capita emissions of criteria air
    pollutants8 and greenhouse gases resulting
    from reduced driving.
 This fountain and plaza located at the entrance of a
 bookstore act as a central meeting and gathering
 place in Bethesda Row.
8 Criteria pollutants are monoxide, lead, nitrogen
dioxide, ozone, paniculate matter, and sulfur dioxide
and are regulated by EPA under the Clean Air Act.
Steps to Implementation
1. Modest Adjustments

•   Develop or revise street and street crossing
    design standards to improve pedestrian
    safety, convenience, and comfort, both as a
    part of routine public works projects and as
    a part of ongoing development and
    redevelopment.

•   Adopt standards to incorporate trees and
    other shade structures into the pedestrian
    realm, especially in mixed-use districts,
    addressing maintenance and irrigation as
    well as landowner responsibilities.

•   Prepare and implement a Safe Routes to
    School program, taking  advantage of federal
    funding and a national database of
    successful examples.

2. Major Modifications

•   Designate one or more pedestrian districts
    (keep the initial number small) where the
    community will focus its efforts to make
    walking safer and more  pleasant. Develop a
    zoning overlay district to make targeted
    changes to the underlying zoning categories
    to reallocate street cross sections, regulate
    building setbacks, and so forth. Prioritize
    capital improvement funding to pedestrian
    facility needs in the zoning overlay district.
    Build upon success by designating
    additional pedestrian districts once the
    program has solid achievements to show in
    the initial district(s).

•   Establish pedestrian level of service and
    connectivity requirements for all
    development and redevelopment projects of
    more than two acres. Include minimum
    pedestrian connectivity within developments
    and with adjacent developments.

•   Adopt pedestrian environment standards for
    mixed-use districts to improve pedestrian
    safety, comfort, and convenience, including
    requirements for on-street parking, build-to
    lines, minimum facade transparency,
     Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                        32

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DRAFT - September 2009
    building entrance spacing, canopies, and
    similar pedestrian-friendly elements.

3. Wholesale Changes

•   Prepare and adopt a pedestrian circulation
    element in the comprehensive plan or in a
    separate transportation master plan. Develop
    a prioritized multi-year pedestrian capital
    improvements plan to implement the
    circulation element.

•   Require major developments to include
    pedestrian circulation plans as part of
    application or site plan submittals.  Set and
    apply minimum connectivity standards and
    level of service criteria.

•   Revise subdivision and zoning development
    standards to require sidewalks on both sides
    of streets in all developments.

•   Require walkways in parking lots larger than
    1 acre or 200 feet wide, linking perimeter
    sidewalks to primary building entrances.

Practice Pointers
•   Communities often adopt plans calling for
    the entire community to be "pedestrian
    friendly." This often turns out to be more a
    slogan than a policy. Virtually any
    community in the United States today has
    vast areas of landscape with poor pedestrian
    accommodation, and fixing these areas will
    take many years of investment and careful
    regulation. Communities should implement
    regulations that prevent new development of
    areas with inadequate pedestrian
    accommodation and adopt standards that
    prevent construction of any new streets with
    inadequate provisions for pedestrians. Public
    investment to retrofit and improve
    sidewalks, crosswalks, grade separations,
    and other facilities should go initially to
    school zones and routes, downtowns and
    other mixed-use districts, transit corridors,
    and other areas where a significant
    pedestrian presence is expected or desired.
•   Involve a wide range of stakeholders and
    city departments (e.g., fire, police, public
    works) throughout any pedestrian circulation
    planning process.

•   One of the most important characteristics of
    public streets affecting pedestrian
    environments is the speed of vehicular
    traffic. Speeds above 30 mph make
    sidewalks less pleasant and street crossings
    more dangerous and difficult.

•   The most critical link in any pedestrian
    network is the availability of safe,
    appropriately spaced street crossings,
    especially crossings of arterial streets.
    Communities need good policies for
    location, frequency, and design of street
    crossings, and they must invest in safe, well-
    designed crossings if they want to develop
    functional, active pedestrian districts.

•   On-street parking is an important pedestrian
    feature that protects walkers by separating
    sidewalks from moving traffic. On-street
    parking also makes it easier for people to
    walk to their destinations.

•   Cities must stay current with universal
    design requirements that ensure sidewalks,
    trails, crosswalks, parking lots, building
    entrances, and other features of the built
    environment are fully accessible to people
    with physical disabilities and other physical
    challenges. The national Americans with
    Disabilities Act outlines specific regulatory
    requirements, which are expanded and
    updated frequently.

Examples and References
•   Florida Department of Transportation.
    Multimodal Transportation Districts and
    Areawide Quality of Service Handbook.
    November 2003. p. 26.
    http: //www. dot. state. fl .us/planning/systems/s
    m/los/pdfs/MMTDQOS.pdf

•   National Complete Streets Coalition.
    http ://www.completestreets .org.
     Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                        33

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DRAFT - September 2009
    Dixon, L. "Bicycle and Pedestrian Level-of-
    Service Performance Measures and
    Standards for Congestion Management
    Systems." Transportation Research Record
    1538.  1996.
    http://www.enhancements.org/download/trb/
    1538-001.PDF.

    Landis, B. et al. Modeling the Roadside
    Walking Environment, A Pedestrian Level of
    Service. Transportation Research Board
    Paper No. 01-0511.2001.
    http: //www. dot. state. fl .us/planning/svstems/s
    m/los/pdfs/pedlos.pdf

    U.S. Green Building  Council. LEED for
    Neighborhood Development Rating System
    Credit for Walkable Streets (Neighborhood
    Pattern and Design, Credit 7, in pilot
    version).
    http://www.usgbc.org/DisplayPage.aspx7C
    MSPageID=148. Accessed June 20, 2009.

    Duany Plater-Zyberk & Company.
    SmartCode, Version 9.2. February 2009.
    http://www.smartcodecentral.com/smartfiles
    v9 2.html.

    Ewing, R. Pedestrian and Transit-Friendly
    Design: A Primer for Smart Growth.
    International City/County Management
    Association and Smart Growth Network.
    1999.
    http://www.epa.gov/smartgrowth/pdf/ptfd_p
    rimer.pdf

    Federal Highway Administration. Designing
    Sidewalks and Trails for Access: Part I of II:
    Review of Existing Guidelines and
    Practices. 1999.
    http://www.fhwa.dot.gov/environment/sidew
    alks/index.htm.
Federal Highway Administration. Designing
Sidewalks and Trails for Access: Part II of
II: Best Practices Design Guide. 2001.
http://www.fhwa.dot.gov/environment/sidew
alk2/index.htm.

City of Redmond, Washington. "Pedestrian
Program Plan." Transportation Master Plan.
November 2005.
http://www.redmond.gov/connectingredmon
d/policiesplans/tmpproj ectdocs. asp.

National Center for Safe Routes to School.
http://www.saferoutesinfo.org.

City of Seatac, Washington. Pedestrian
Overlay District. Seatac Zoning Code.
November 2002.
http://mrsc.org/mc/seatac/stac 1528 .html
Accessed May 5, 2009.

Cleveland Neighborhood Development
Coalition. Pedestrian Retail Overlay (PRO)
District, http://www.cndc2.org/prod.html.
Accessed May 5, 2009.

Leaf, W.A. and Preusser, D.F. "Literature
Review on Vehicle Travel Speeds and
Pedestrian Injuries." U.S. Department of
Transportation. DOTHS 809 021. October
1999.
http: //www.nhtsa. dot. gov/people/injury/re se
arch/pub/hs809012.html.

Federal Highway Administration "Safe
Routes to School: Program Legislation -
SAFETEA-LU, Sec. 1404."
http://safetv.fhwa.dot.gov/saferoutes/overvie
w/legislation.cfm#secl404. Accessed May
5, 2009.
     Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                    34

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DRAFT - September 2009
8
DESIGNATE AND SUPPORT PREFERRED GROWTH
AREAS AND DEVELOPMENT SITES
Introduction
For many decades, most municipalities
have handled land development and
growth reactively. Zoning changes have
been initiated primarily by landowners
and developers. Developers have often
selected development locations that did
not follow city comprehensive plans.
Subdivision and property assembly have
been undertaken by landowners and
developers with specific development
projects in mind. There is often a financial
incentive for developers to develop
peripheral sites rather than redeveloping
infill sites. However, communities can
better control the development they get by
focusing their resources to catalyze
redevelopment in desired areas.

Planning land uses and development
intensities in preferred growth areas and
development sites generates several
benefits. It encourages and facilitates
redevelopment and infill, supports transit,
and guides new development to
appropriate areas with ready access to
existing infrastructure. Local governments
need to play a more active role in
selecting areas where new growth makes
the most sense.  They need to reinforce
those choices by revising their
development codes and capital improvement
plans to make these areas more attractive to the
development community than other, less
appropriate areas. This more focused approach
to development can benefit both individual
landowners and the entire community.

Response to the Problem
Municipalities need to be proactive about
determining where and to what extent they will
grow. This planning can provide government
officials with the justification to say "no" to
                          A palm tree-lined pedestrian plaza leads to the entrance
                          of the largest apartment buildings at the center of Mizner
                          Park in Florida. Higher densities in this existing
                          development enable greenfields to be preserved.
                                   development proposals that are not in the
                                   community's best interests and are inconsistent
                                   with the community plan. Even in communities
                                   that cannot keep up with infrastructure needs,
                                   many local governments believe there is benefit
                                   in encouraging more development. But to be
                                   effective on behalf of current residents and
                                   thoughtful about the needs of future residents,
                                   cities need to designate where growth will occur,
                                   then rezone, change codes, and alter utility and
                                   infrastructure provisions to accommodate that
                                   growth.
     Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
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DRAFT - September 2009
To focus development where it makes the most
sense, a community needs a detailed plan. This
plan should include comprehensive subdivision
regulations and street mapping, zoning, and
design guidelines, as well as an infrastructure
plan and a financing or implementation plan.
Developing the plan should include a
comprehensive stakeholder and public
engagement process. The designation of growth
areas should be supported by studies and data,
such as a fiscal impact analysis or a cost of
infrastructure study.
Expected Benefits
•   Greater predictability for infill proposals
    that meet the new development standards,
    and certainty of location and development
    potential for landowners, developers, and
    citizens.

•   More efficient development review
    processes. Complete policies on land use
    and development regulations will help
    streamline the review process and garner
    stronger support from the planning
    commission and/or city council.
•   Cost-effective provision of infrastructure.
    Focusing on and prioritizing infill
    development will use existing infrastructure
    efficiently.

•   Preservation of open space and natural
    resources. Focusing on infill development
    reduces pressure to expand on a
    community's periphery or to develop in
    areas with sensitive habitat or open space.

Steps to Implementation
(Note: Steps may be applied differently in infill
versus greenfield locations.)

1. Modest Adjustments

•   Identify  and map preferred growth areas in a
    comprehensive plan. The plan should
    include goals and objectives for the various
    areas.

•   Establish utility and transportation capacity
    plans.

•   Change the  minimum lot size, requiring
    smaller parcels to be aggregated or
     This rendering of Santa Clara, California illustrates how the city has designated preferred
     growth areas to keep distinctive places intact.
      Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
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DRAFT - September 2009
    developed in conjunction with larger parcels
    in a coordinated manner.

•   Designate agriculture interim/holding zones
    in lieu of low-density zoning in areas where
    the local government would rather not see
    imminent development.

•   Create district or area plans to guide
    development.

•   Vary fees for development based on
    location, as infill sites usually have lower
    infrastructure costs than peripheral or
    greenfield development.

2. Major Modifications

•   Enact an adequate public facility ordinance
    (APFO). An APFO helps ensure that
    infrastructure for schools, road, sewers, and
    fire protection exists to accommodate new
    development.

•   Establish a policy that sets criteria for
    annexation, including the provision of
    utilities, infrastructure financing, and
    minimum development thresholds. The
    policy should also include requirements for
    developing an annexation plan for the area.
    (See Essential Fix No. 10 for more on
    annexation issues.)

•   Establish urban service areas or boundaries
    as part of the overall master facilities plan to
    help phase development in coordination
    with infrastructure.

3. Wholesale Changes

•   Establish urban service areas or growth
    boundaries, and support them by zoning
    areas outside the boundaries for agriculture
    and other very low-density uses.

•   As part of detailed area plans, rezone
    designated growth areas (e.g., around transit
    stops or regional activity centers) to allow
    denser development.
Practice Pointers
•   Coordinate local government capital
    investment plans to support development in
    designated growth areas and to discourage it
    in other areas.

•   Adopt a comprehensive plan land use map
    that depicts preferred development areas and
    clearly describes the mix of uses,
    community design principles, and key
    features desired for each area.

•   Coordinate with other local governments in
    the region to adopt supportive plans and
    designated growth areas. It is extremely
    important to coordinate what will happen in
    the areas between cities so that these
    community separators can be maintained
    overtime.

•   It is also critical to strategically manage the
    phasing of growth areas. Each town or city
    needs to find the appropriate strategy for
    holding growth areas in check until they are
    prepared for the types of development that
    the community envisions.

•   Communities need to find ways to prioritize
    development so that key projects can be
    implemented earlier as catalysts. Often,
    lower intensity or less complex
    developments  will be attempted first, which
    sometimes robs critical or desired projects of
    their market opportunity and thus pushes
    them off for many years. This is particularly
    true of retail, which requires residential
    support and typically will be drawn to
    automobile-oriented sites before the infill
    sites the community may desire.

Examples and  References
•   Porter, D. "Chapter 3: Managing
    Community Expansion: Where to Grow."
    Managing Growth in America's
    Communities.  Island Press. November 2007.

•   Nolon, J.R. "Chapter 2: Local Land Use
    Controls That Achieve Smart Growth." Well
    Grounded: Using Local Land Use Authority
     Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                        37

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DRAFT - September 2009
    to Achieve Smart Growth. Environmental
    Law Institute. July 2001.

    Lancaster County, Pennsylvania.
    "Designated Rural Area Concept."
    Lancaster County Comprehensive Plan.
    June 2005.
    http://www.co.lancaster.pa.us/planning/lib/pl
    anning/long range/growth management/rur
    al area concept summary.pdf

    City of Austin, Texas. Smart Growth
    Initiative.
    http: //www.ci. austin .tx.us/smartgrowth.
    Accessed June 10, 2009.
City of Austin, Texas. Smart Growth
Criteria Matrix. February 2001.
http://www.epa.gov/smartgrowth/scorecards/
austin matrix.pdf

State of Maryland. Smart Growth Priority
Funding Areas Act of 1997.
http: //www.mdp. state .md .us/fundingact.htm.
Accessed April 22, 2009.

City of Boulder, Colorado. Boulder's Open
Space & Mountain Parks: A History.
http://www.bouldercolorado.gov/index.php?
option=com content&task=view&id= 1167
&Itemid=71. Accessed May 12, 2009.
     Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                    38

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DRAFT - September 2009
9
USE GREEN  INFRASTRUCTURE  TO MANAGE
STORMWATER
Introduction
Many communities across the United
States face the challenge of balancing
water quality protection with
accommodating new growth and
development. Conventional
development practices cover large areas
with impervious surfaces such as roads,
driveways, and buildings. Once such
development occurs, rainwater cannot
infiltrate into the ground. Instead, it runs
off the land at much higher levels than
would naturally occur. The collective
force of this runoff scours streams,
erodes stream banks, and carries large
quantities of sediment and other
pollutants into waterbodies each time it
rains. Most municipal stormwater
regulations  require stormwater
management only at the site scale, using
pipes, curbs, gutters, and basins. This
approach has functioned well to mitigate local
flooding but has resulted in degraded waterways
and poor water quality at the watershed scale. A
conventional approach to managing stormwater
at the site scale fails to address the impacts of
land use on water quality, particularly:

•   Loss of natural land and disruption of water
    systems;

•   Increased impervious surface  area; and

•   Increased stormwater runoff volumes.

Many local ordinances besides stormwater
regulations  pose barriers to better stormwater
management and watershed protection.
Communities must also look beyond the site
scale and consider the impacts of where and how
development occurs across neighborhoods and
watersheds.
                         This picture from the High Point neighborhood of Seattle
                         illustrates site level green infrastructure practices such as
                         landscaped swales to capture runoff.
                                    Response to the Problem
                                    Communities are recognizing that the water
                                    quality impacts of development need to be
                                    managed at a variety of scales, including the
                                    municipal, neighborhood, and site levels. Green
                                    infrastructure uses natural and built systems at
                                    all three scales to protect water quality.

                                    At the regional or watershed scale, green
                                    infrastructure is the interconnected network of
                                    preserved or restored natural lands and waters
                                    that provide essential environmental functions.
                                    At the community or neighborhood scale, green
                                    infrastructure incorporates planning and design
                                    approaches such as compact, mixed-use
                                    development; parking reductions; and street
                                    trees and other vegetation that reduce
                                    impervious surfaces and make communities
                                    more attractive. At the site scale, green
                                    infrastructure mimics natural  systems by holding
                                    stormwater in rain gardens or swales to allow it
                                    to absorb into the ground (infiltration), using
     Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                                                          39

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  DRAFT - September 2009
  trees and other vegetation to convert it to water
  vapor (evapotranspiration), and using rain
  barrels or cisterns to capture stormwater for
  reuse.

  Changing codes to support green infrastructure
  at all three scales protects water quality while
  creating many other environmental, community,
  and economic benefits. Local governments can
  incorporate green infrastructure by adopting
  plans, removing barriers, enacting regulations,
  and creating incentives for green infrastructure
  on both public lands and private property.
  Certain local policies, such as landscaping and
  parking requirements or street design criteria,
  can complement strong stormwater standards
  and make it easier for developers to
  simultaneously meet multiple requirements.

  Communities can incorporate green
  infrastructure provisions into codes, policies,
  and standard practices through a few essential
  steps. First, the stormwater management plan
  review would take place early in the
  development review process to ensure that green
  infrastructure practices are thoughtfully
  incorporated into plans. Next, zoning codes and
  building codes need to result in the same  goals
  and objectives for green infrastructure
  implementation. For instance, policies such as
This abandoned mall, Pompano Fashion Square in
Pompano Beach, Florida, is a good example of a
parking lot that could be repurposed for green
infrastructure.
harvesting rainwater for irrigation can be an
effective green infrastructure strategy when
permissible with building codes. To make sure
that green infrastructure policies are meeting
water quality and other goals, communities will
need to monitor and track implementation and
maintenance.

Expected Benefits
•   Reduced stormwater volume and velocity
    and fewer stormwater overflow events.

•   Less polluted stormwater runoff.

•   Lower cost for stormwater management
    facilities.

•   Urban heat island mitigation and reduced
    energy demand.

•   Potential recreational and aesthetic
    amenities.

•   Traffic calming.

•   More distinctive communities.

•   Increased land values.

Steps to Implementation
1. Modest Adjustments

•   Add stormwater management requirements
    and water quality elements to
    comprehensive plans to recognize and allow
    green infrastructure stormwater management
    alternatives in zoning and subdivision
    regulations.

•   Complete the EPA Water Quality Scorecard.
    The tool gives  local governments an idea of
    the range of green infrastructure policies and
    which might be right for a specific
    community.

•   Offer zoning upgrades, expedited
    permitting, reduced stormwater
    requirements, and other incentives for
    development proposals that include green
    infrastructure practices.
        Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                        40

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DRAFT - September 2009
•   Encourage site-planning meetings early in
    the approval process to review the green
    infrastructure components of development
    proposals along with other site planning
    topics.

•   Develop incentives for homeowners to
    install rain barrels, rain gardens, green roofs,
    and other green infrastructure.

2. Major Modifications

•   Develop a performance standard that
    requires a system of stormwater
    management where stormwater infiltrates in
    ground, is either reused on site and/or
    evapotranspires, and avoids single-use
    facilities. Require developers to meet
    stormwater requirements using green
    infrastructure practices where appropriate.

•   Update the community's  stormwater design
    manual with locally appropriate examples
    and guidelines  for designing, installing, and
    maintaining green infrastructure.

•   Review and change, where necessary,
    building and zoning codes or other local
    regulations to ensure that green
    infrastructure is legal (e.g., remove
    restrictions on downspout disconnection and
    stormwater reuse).

•   Take into account rainwater harvesting and
    reuse when setting the stormwater
    management requirements for a
    development.

•   Develop or revise stormwater utility bills to
    include a fee based on impervious services
    to address combined sewer overflows and
    offer a fee discount based on the use of
    green infrastructure techniques.

•   Conduct inspections of sites and develop
    mechanisms to enforce stormwater
    management plans and maintenance
    agreements.
3. Wholesale Changes

•   Give fiscal credit to developers toward
    stormwater management requirements for
    preservation of trees and open space, which
    help to decrease impervious surfaces and
    allow for stormwater infiltration.

•   Amend stormwater management regulations
    and development codes to allow off-site
    stormwater management, especially for infill
    and redevelopment areas.

•   Require green infrastructure bonds or other
    revenue generation in zoning  or subdivision
    ordinances to ensure proper operation and
    maintenance of green infrastructure
    stormwater management facilities.

Practice Pointers
•   Engage local governments in  regional
    stormwater management strategies and
    coordinate future land use and development
    decisions for large-scale water quality
    benefits.

•   Ensure that all local government
    departments/agencies coordinate with one
    another so that green infrastructure meets
    multiple community objectives (e.g., allow
    rain gardens to meet landscaping
    requirements).

•   Enact riparian buffer regulations to protect
    water resources from nonpoint source
    pollution, stabilize banks,  and provide
    aquatic and wildlife habitat.

•   Consider separate stormwater management
    requirements for densely developed activity
    centers and infill sites as opposed to
    greenfield development. Recognize that
    impervious cover limits, open space
    requirements, and on-site detention
    requirements may be appropriate for large
    greenfield developments but not for more
    urban sites. Provide flexibility to allow  off-
    site and regional stormwater management
    facilities, and give credit for alternative
     Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                        41

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DRAFT - September 2009
    approaches like pervious pavement and
    green roofs.

•   Work with key staff from local agencies
    such as transportation, planning, and public
    works to integrate green infrastructure into
    all codes and ordinances.

Examples and References
•   U.S. EPA. Water Quality Scorecard. August
    2009.
    http://www.epa.gov/npdes/pubs/gi  municipa
    1  scorecard.pdf

•   U.S. EPA. Green Infrastructure Municipal
    Handbook, (series of publications)
    http: //cfpub. epa. gov/npdes/greeninfrastructu
    re/munichandbook .cfm.

•   U.S. EPA. StormwaterManagement
    Handbook: Implementing Green
    Infrastructure in Northern Kentucky
    Communities. May 2009.
    http://www.epa.gov/smartgrowth/sgia  com
    munitie s .htm#ky.

•   U.S. EPA. Protecting Water Quality with
    Smart Growth Strategies and Natural
    Stormwater Management in Sussex County,
    Delaware. January 2009.
    http://www.epa.gov/smartgrowth/noaa_epa_
    techasst.htm#6.

•   U.S. EPA. "Source Water Protection."
    http://www.epa.gov/nps/ordinance/sourcewa
    ter.htm. Accessed July 22, 2009.

•   U.S. EPA. "Stormwater Pollution Prevention
    Plans for Construction Activities."
http: //cfpub .epa. gov/npdes/stormwater/swpp
p.cfm. Accessed July 22, 2009.

U.S. EPA. Protecting Water Resources with
Higher-Density Development. January 2006.
EPA231-R-06-001. pp. 23-29.
http://www.epa.gov/smartgrowth/water  den
sity.htm.

Center for Neighborhood Technology.
"Green Values Stormwater Toolbox."
http://greenvalues.cnt.org. Accessed June
20, 2009.

City of Portland, Oregon. "General
Requirements and Policies." Stormwater
Management Manual.
http://www.portlandonline.com/bes/index.cf
m?c=35122&a=55769. Accessed June 22,
2009.

Santa Clara Valley (California) Urban
Runoff Pollution Prevention Program.
Operations and Maintenance of Treatment
BMPs. http: //www. scvurppp-
w2k.com/om_workproduct_links.htm.
Accessed June 20, 2009.

U.S. EPA. "Environmental Management
Systems." http://www.epa.gov/ems.
Accessed June 22, 2009.

U.S. EPA. Reducing Stormwater Costs
through Low Impact Development (LID)
Strategies and Practices. December 2007.
EPA841-F-07-006.
http://www.epa.gov/owow/nps/lid/costs07.

City of New York. "Water." PlaNYC.
http: //www.ny c. gov/html/planyc203 0/html/p
Ian/water.shtml. Accessed May 19, 2009.
     Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                    42

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DRAFT - September 2009
 10
ADOPT SMART ANNEXATION  POLICIES
Introduction
Communities often have the most
influence over development on their
edges when land is annexed into a
municipality. It is then that the greatest
opportunity exists to determine how this
land will help the community advance
its overall planning goals and to ensure
that the public costs of providing
infrastructure and services for the
annexed area are balanced with
potential tax and other revenues from
the annexed lands (including any
exactions or other requirements).

In most states, municipalities face
enormous pressure to annex lands. One
of the most important forces driving
annexation is communities' desire to
increase their tax base, thereby
increasing revenues into municipal
coffers. Further, in growth areas in
many states, municipalities fear that if
they do not annex aggressively, their
neighbors may, hemming them in and limiting
their ability to grow. Finally, in many growth
areas, municipalities may believe the only way
to ensure that growth in the surrounding region
occurs responsibly and according to a plan is to
annex areas to gain control over planning,
development, and design decision-making
before development occurs.

Ad hoc annexation is a major cause and enabler
of exurban development and sprawl. Ironically,
in many cases, the tax burden from annexed
areas may exceed the increase in tax revenues,
especially over the long term.

Response to the Problem
The principal policies that successful
communities use to handle annexations include:

•   Revising local codes to anticipate
    annexations in the comprehensive planning
    process and to ensure that annexations are
                         This urban growth boundary shows a stark contrast between
                         the developed and undeveloped areas of this community.
                                       consistent with adopted comprehensive
                                       plans;

                                    •   Developing intergovernmental processes
                                       and agreements—between counties and
                                       municipalities, and between neighboring
                                       municipalities—to guide and govern
                                       planning for physical expansion and
                                       annexation; and

                                    •   Establishing criteria for the review process
                                       leading up to potential annexations,
                                       including criteria for fiscal impact analyses.

                                    Because many of the forces driving ad hoc
                                    annexation stem from local competition for tax
                                    base, communities and regions may also need to
                                    work together to rationalize their local taxation
                                    systems, including consideration of revenue
                                    sharing among jurisdictions.
     Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                                                          43

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DRAFT - September 2009
Expected Benefits
•   Well-planned, contiguous municipal
    expansion that benefits the community,
    supports community character and quality of
    life, and promotes compact development.

•   Creation of communities that are "tax
    positive"—places that have a logical and
    fiscally sound annexation of land where
    services and infrastructure are adequate.

•   Focus on intergovernmental collaboration
    instead of competition for territorial
    expansion leading to over-extension of
    municipal boundaries and the resulting
    scattered, leapfrog development.

•   Creation of logical, well-planned
    communities, instead of ad hoc formation of
    small incorporated municipalities intended
    primarily to prevent tax increases associated
    with annexation.

•   Orderly, planned  community expansion that
    accommodates population growth and
    provides the tax base required to meet the
    community's objectives.

Steps to Implementation
1. Modest Adjustments

•   Establish a code requirement that future
    annexations be consistent with the
    community comprehensive plan (or local
    equivalent), along with a requirement that
    the comprehensive plan map and describe
    future potential areas of annexation. These
    could be developed using a sphere of
    influence/urban transition area approach,
    like that used in California's Local Agency
    Formation Commission, or tiered planning
    areas like those used by the city of Boulder
    and Boulder County, Colorado.

•   Require future potential annexation areas
    mapped in the comprehensive plan to
    include a preliminary identification of
    anticipated zoning, as well as a preliminary
    description of how municipal services and
    infrastructure (e.g., water, sanitary sewer,
    stormwater, transportation, police, and fire)
    would be funded in annexed areas. This
    should be based on community service
    standards and an assessment of existing
    conditions and capacities in the mapped
    areas.

•   Require the mapping of potential future
    annexation areas in the comprehensive plan
    to identify and evaluate any prime
    agricultural lands, important wildlife habitat,
    areas of special ecological value or concern,
    and any lands contaminated by past
    industrial or agricultural activities or
    hazardous materials spills.

•   Establish a code requirement that the
    transportation element of the community
    comprehensive plan (or local equivalent)
    identify a future collector and arterial street
    network for any potential annexation areas
    mapped in the plan. Require extensions of
    the existing municipal street network to be
    mapped to meet minimum internal
    connectivity standards in any annexed areas,
    as well as minimum external connectivity
    with existing and future neighborhoods.

2. Major Modifications

•   Adopt fiscal impact analysis requirements
    for proposed annexations, including criteria
    for the forecast ratio of revenues to costs.
    Include provisions for additional fees to
    rectify imbalances.

•   Establish a minimum  contiguity requirement
    for any proposed annexation area. For
    example, at least 25 percent of the
    circumference of any  proposed annexation
    must be coterminous with the existing
    incorporated area, subject to exceptions for
    bodies of water. An adjunct provision or
    variation would be to  specifically prohibit
    "flagpole" annexations.9

•   Develop and adopt joint infrastructure
    standards (e.g., water, sanitary sewer,
9 Flagpole annexations are connected to a
municipality through a narrow strip of land.
     Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                        44

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DRAFT - September 2009
    stormwater, streets) for a municipality and
    its surrounding county, or by multiple
    municipalities and/or counties, to be applied
    to proposed development in areas that may
    eventually be annexed into a municipality.
    This ensures that any development in future
    annexation areas that occurs prior to
    annexation is compatible with the annexing
    community. It also ensures that facilities are
    designed consistently with standards of the
    municipalities. This coordination
    discourages landowners or developers from
    "shopping" one government against another
    to obtain the combination of services and
    fees—which could turn out to be a bad deal
    for the municipality.
     The Urban Development Boundary in Miami-
     Bade County, Florida, illustrates the division
     between land intended for development and
     area meant to be preserved.
3. Wholesale Changes
    (Note: some measures below are in support
    of code changes, but are not in themselves
    addressed through the zoning or land
    development code.)
•   Develop an intergovernmental agreement
    between one or more municipalities and one
    or more counties providing for development
    and adoption of a multi-jurisdiction
    comprehensive plan. Include provisions for
    identifying areas of potential annexation and
    provisions for zoning, infrastructure, lands
    of special concern, and street extensions,
    similar to the four measures described under
    Mode st Adj ustments.

•   Develop an intergovernmental agreement
    between one or more municipalities and one
    or more counties to guide the annexation
    process in specific areas, which would be
    mapped in the agreement. Include provisions
    addressing infrastructure standards, funding
    for extension of infrastructure and services,
    and the approval processes  of the affected
    jurisdictions.

•   Develop a regional compact or
    intergovernmental agreement for revenue
    sharing to reduce or eliminate the pressure
    to annex land for municipal budget growth.

Practice Pointers
•   Annexation law and policy are among the
    most controversial aspects of growth
    management. Many states are changing the
    laws governing the authority of
    municipalities to annex land, establishing or
    revising criteria for annexations, requiring
    additional review and approval by adjacent
    counties and municipalities, and providing
    for oversight by third parties or agencies.
    The first step for any municipality is to
    make sure that its ordinances are  consistent
    with state law.

•   Issues related to estimating costs  of
    extending infrastructure and municipal
    services into potential annexation areas are
    difficult to resolve if there are no agreed-
    upon standards for the timing, placement,
    and design of facilities and services. An
    important step in addressing annexation
    policy issues is to work—ideally  in
    cooperation with other area governments—
     Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                        45

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DRAFT - September 2009
    on design and service standards to estimate
    the cost of providing facilities and services.

•   One of the potential benefits of good
    annexation policy, especially with multiple
    jurisdictions involved, is avoiding the
    leapfrogging of suburban subdivisions and
    commercial projects outside municipal
    areas.

Examples and References
•   California Association of Local Agency
    Formation Commission.
    http: //www.calafco. org.

•   Local Agency Formation Commission of
    Monterey County, California. "Sphere of
    Influence Policies and Criteria." October
    2006.
    http://000sweb.co.monterev.ca.us/lafco/polic
    y.htm.

•   Denver Regional  Council of Governments.
    "Mile High Compact." August 2000.
    http://www.drcog.org/index.cfm ?page=Mile
    HighCompact. Accessed May 13, 2009.

•   City of Austin, Texas.  Smart Growth
    Initiative.
http: //www.ci. austin .tx.us/smartgrowth.
Accessed May 31,2009.

City of Austin, Texas. Smart Growth
Criteria Matrix. February 2001.
http://www.epa.gov/smartgrowth/scorecards/
austin_matrix.pdf

Boulder County, Colorado.
"Intergovernmental Agreements."
http://www.bouldercountv.org/lu/igas/index.
htm. Accessed  June 12, 2009.

Larimer County, Colorado. Rural Land Use
Center, http://www.co.larimer.co.us/rluc.
Accessed June  20, 2009.

Larimer County, Colorado. Larimer County
Urban Area Street Standards. April 2007.
http://www.co.larimer.co.us/engineering/GM
ARdStds/GMARdStds .htm.

Hinze, S. and Baker, K. Minnesota's Fiscal
Disparities Programs. Minnesota House of
Representatives Research Department.
January 2005.
http://www.house.leg.state.mn.us/hrd/pubs/fi
scaldis.pdf
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 11
AVOID THE "DEVIL'S DENSITY"
Introduction
"Devil's Density" is a term
that describes development on
the periphery of urban areas,
suburbs, and small towns that
is not dense enough to support
mixed land uses or transit or
to create other efficiencies
associated with urban
development patterns, such as
cost-efficient infrastructure.
At the same time, these areas
are often too dense  for rural
areas to maintain truly rural
development patterns. Rural
development patterns
typically:

•  Are supported by limited
   infrastructure (relying, for
   instance, on gravel roads      ,      , ,        ,	,         ,     ,       ,	«
           '    -    ,          This aerial from suburban Dallas shows how the  Devil s Density
   and septic systems);         js buMt out on the edge of the town at residential density that is not
                              efficient with more compact development patterns.
•  Produce cost savings for
   residents and
   municipalities because they use fewer
    government services; and

•   Preserve large tracts of open space and
    agricultural lands.

The concept is most relevant to exurban
development—areas outside of jurisdictional
boundaries of cities and towns, but still
considered part of the developed edge. The
Devil's Density is approximately 2 to 4 housing
units per acre at the more suburban end of the
spectrum,  and one unit per 20 to 40 acres at the
rural end. Many suburban, small town, and
county zoning codes and subdivision ordinances
only allow densities that fall within the Devil's
Density range. This can also change based on
regional differences. For instance, Western states
will have a different threshold than those in the
southeast.
                                    This low-density development pattern has been
                                    one of the fastest growing sectors of the housing
                                    market, fueled by a variety of factors, including
                                    people moving to rural communities for the
                                    quality of life, an expanding second-home
                                    market for less expensive vacation homes in
                                    small towns, and rural communities' desire to
                                    grow. Developers have also found such rural
                                    areas to be the "path of least resistance" to their
                                    projects. They are generally able to quickly
                                    obtain approvals through a county or rural
                                    town's less complicated entitlement procedure.

                                    Land use laws, particularly in the Western states,
                                    give extensive rights to large  landowners,
                                    ranchers, and farmers to develop their properties
                                    in the future, typically at lower densities. In
                                    these places, low-density residential zoning is
                                    the de facto zoning that has been overlaid onto
                                    many large tracts of land. This means that many
                                    areas that are perceived to be rural are, in fact,
     Essential Smart Growth Fixes for Urban and Suburban Zoning Codes
                                                                            47

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DRAFT - September 2009
zoned for this Devil's Density for residential
development.

The desire to remain rural or maintain a small-
town  character is a common theme in these
communities. Lower densities are often
encouraged in the belief that they will help
preserve an area's rural character. These
densities, however, most frequently translate
into low-density, cookie-cutter subdivisions,
with streets and homes that are more typical of
suburban, rather than rural, communities. The
most  difficult densities are those in the !/2-acre to
5-acre range. The difficulties with these
densities include:

•   Expensive infrastructure to both provide and
    maintain to serve a minimal number of
    units;

•   Reliance on septic systems, which have a
    limited capacity overtime;

•   A land use pattern that is difficult or
    impossible to intensify later, as it typically
    includes individual property owners, making
    land hard to assemble; and

•   Farmland that becomes fragmented by these
    large-lot homes, which means little
    possibility of carrying on true agriculture or
    maintaining farm animals in these areas.

The "Devil" in these densities is that they  are
neither rural nor town-like in their character.
Once developed, they are difficult to change and
become more difficult to maintain over time.

This type of growth also becomes a
jurisdictional, city-versus-county issue. Much of
this development pattern is occurring within
county jurisdictions at or near city limits because
large  agricultural properties are being developed
under county development procedures. The
counties often have minimal regulations and
limited resources to plan for, review, or process
these  types of developments. This has made it
difficult to control the implementation of
policies and restrictions as well as standards for
these  developments. Developers are often  are
better equipped than county planning and
engineering staff to deal with the various
complex issues that arise from these
developments.

Response to the Problem
The Devil's Density creates a development
pattern that is not sustainable on any level—
fiscally, environmentally, socially, and for public
health. Atypical example of the Devil's Density
is one unit per 2 acres. When zoning at this
density, communities usually are focused more
on the perceived market demand and/or potential
tax revenue than on what it will take in
infrastructure and other resources to support
such a pattern. When communities look at the
potential impacts and decipher where they can
make improvements through increased densities
as well as other zoning changes, they can make
their neighborhoods fiscally sound and
environmentally sustainable.

Addressing the Devil's Density takes a balance
of strategies, combining those that eliminate the
types of densities so persistent at the edge of
urban/rural confluence with those that direct
unsustainable development patterns away from
these areas. This can be done through a variety
of solutions.

When expanding, communities' comprehensive
plans should zone only in areas that form a
natural edge to the community and that will not
be expanded beyond or leapfrogged in the
future. An example may be an area bordering a
creek or other natural open space, which
provides a natural barrier to expansion and
clearly defines an edge to the community.
Another strategy is to continue the town's street
pattern, to use the infrastructure to its fullest
capacity and then end on the agricultural  zone at
the community's edge. This will better integrate
large lots into the community by using them to
transition to agricultural uses at the town's
periphery.

These remedies only address the properties at a
community's edge. The most problematic
developments are those that employ the Devil's
Density outside these areas as ranches, orchards,
and farms are developed. These sites are
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DRAFT - September 2009
typically in counties'jurisdictions. Counties and
towns, therefore, need to coordinate their
planning efforts to minimize the ad hoc
development of rural areas and integrate their
comprehensive plans to include expansion areas
and areas that will be maintained for agriculture
or open space. Towns and counties will need to
tackle this issue together in a comprehensive
manner to address planning, engineering,
property ownership, and development issues.

As the concept of the Devil's Density is
relatively unknown to a broad audience, the
solutions, likewise, are still developing and are
somewhat narrow in scope. To make this clear,
both the response to the problem and the steps
for implementation are focused on the areas in
direct control of local government—areas at
periphery or the community's edge. As this
concept becomes  better understood, solutions
will include a wider scope.
This New Jersey farmland is punctuated by a low
density residential development creating a
conflict between providing services to these
homes and preserving agricultural uses.
Expected Benefits
•   Lower infrastructure costs for local and state
    governments and service providers.

•   Preservation of large, contiguous blocks of
    open space and agricultural lands. This is
    most critical for protecting habitat corridors
    and maintaining viable agricultural activities
    and related businesses.
•   Support for downtowns and traditional
    neighborhood developments, with greater
    connectivity with the immediate town or
    city.

•   Creation of consistent and connected
    patterns of development instead of leapfrog
    growth, which disregards planned
    boundaries.

•   Minimizing the areas that are hamstrung by
    limited redevelopment potential due to
    ownership patterns and the lack of
    opportunities for land assembly.

Steps to Implementation
(Note: Several implementation steps from
Essential Fix No. 8 that support preferred
growth areas also apply to this fix, including
agricultural interim holding zones, area-specific
impact fees, adequate public facilities
ordinances, annexation policies, and urban
services areas and boundaries.)

1.Modest Adjustments

•   Adopt comprehensive plans that address the
    Devil's Density in peripheral and exurban
    areas by redesignating density allocations.

•   Amend zoning ordinances to repeal zone
    districts that allow the Devil's Density at the
    community's edge.

•   Develop design regulations that require
    connectivity and integration with adjacent
    neighborhoods and create transitions to
    adjacent agricultural or undeveloped areas.

2. Major Modifications

•   Establish benchmarks for intended density
    in comprehensive plans in rural areas (e.g.,
    one unit per 80 acres in some Western
    states).

•   Require minimum densities in areas targeted
    for growth.
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DRAFT - September 2009
•   Require cluster/conservation subdivisions at
    the community's edge to transition to rural
    areas. These subdivisions are for edge
    conditions only, not for areas that are not
    directly adjacent to the community's edge.

•   Require comprehensive fiscal impact and
    mitigation analysis for proposed rural
    developments. Require mitigation measures
    so that rural developments pay their own
    way.

•   Use the SmartCode to categorize and
    implement the zoning regulations by
    classifying an appropriate transect for these
    urban-rural interface areas and adapting the
    regulations for the community.

3. Wholesale Changes

•   Preserve agricultural viability by zoning for
    large agriculture-only districts.

•   Require mandatory annexation as a
    condition of development approvals in town
    impact areas (consider a "no objection"
    clause that is approved by the property
    owner when annexation is feasible and
    desired by the town. This clause will enable
    the annexation process to be predictable and
    fair).

•   Encourage joint town and county policies
    that set criteria such as location or size
    controls to coordinate the development of
    land instead of insular land use resulting
    from PUDs. (See Essential Fix No. 3.)

Practice Pointers
•   Depending on the state, land patterns, and
    types of agriculture, the appropriate acreage
    for agriculturally zoned parcels will vary.

•   Consider how rules related to lot splits or
    family subdivision rights chart the course for
    inappropriate densities. Family
    subdivisions10 are often used to get around
    minimum lot size regulations.

•   In the past, communities have employed the
    Devil's Density for economic development
    and property ownership interests, relying on
    unsustainable development patterns. Often,
    smaller towns see fees associated with low-
    density development, along with
    construction jobs and retail sales, as
    economic development. Unfortunately, the
    cost of maintaining the public infrastructure
    frequently exceeds the value brought with
    the short-term economic development.

•   Do not allow cluster/conservation
    subdivisions in areas where true rural
    development patterns are preferred.
    Clustered subdivisions disrupt agricultural
    operations.

•   In certain circumstances, land trusts have
    purchased conservation easements from
    farmers and ranchers that prohibit
    development. Selling the easement gives
    landowners some financial benefit without
    having to develop their land. This strategy
    allows landowners to maintain their farms.

•   Transfer of Development Rights (TDR)
    programs may be considered; however,
    these programs are complex and will be
    feasible only in specific situations.

Examples and References
•   Duerksen, C. and Snyder, C. Nature-
    Friendly Communities. Island Press. May
    2005. pp. 40-50.

•   Burchell, R. et al. Costs of Sprawl—2000.
    Transit Cooperative Research Program
    Report 74. Transportation Research Board.
    June  2002. pp. 26-31.

•   Freedgood, J. et al. Cost of Community
    Services Studies: Making the Case for
    Conservation. American Farmland Trust.
    August 2002. pp. 55-60.
                                                   10 Family subdivisions contain lots that are to be
                                                   conveyed only to members of the owner's family.
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DRAFT - September 2009
    http://www.farmlandinfo.org/farmland searc
    h/index.cfm?articleID=28415&function=arti
    cle_view.

    Livingston, A. et al. The Costs of Sprawl:
    Fiscal, Environmental, and Quality of Life
    Impacts of Low-Density Development in  the
    Denver Region. Environment Colorado.
    March 2003. pp. 24-29.
    http: //www.environmentcolorado. org/envco
    growth, asp ?id2=9356.

    Tischler, P. Analyzing the Fiscal Impacts of
    Development. Management Information
    Service Report No. 20.  March 1988. pp.  54-
    56.

    American Farmland Trust. Saving American
    Farmland: What Works. May 1997. pp. 43-
    47.
    http://www.farmlandinfo.org/farmland_pres
    ervation  literature/index.cfm?function=artic
    le view&articleID=29384.
Bowers, D. "Achieving Sensible
Agricultural Zoning to Protect PDR
Investment." Presented at "Protecting
Farmland at the Fringe." September 2001.
http://www.farmlandinfo.org/documents/295
20/Achieving_Sensible_Agricultural_Zonin
g full_presentation.pdf

County of Marin, California. "Agricultural
Element - Executive Summary."Marin
Countywide Plan.
http://www.co.marin.ca.us/depts/cd/main/co
mdev/advance/cwp/ag .cfm. Accessed
August 11,2009.

County of Marin, California. 2007Marin
Countywide Plan. 2007.
http://www.co.marin.ca.us/depts/CD/main/f
m/TOC.cfm. Accessed August 11, 2009.
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IMAGE CREDITS


Cover (upper left, upper right, lower left, lower right; respectfully): Farr Associates; US EPA, US EPA,
Farr Associates

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