11/10/2004 - Packet Completeness
Review for Boards,
Commissions and
Committee Records
CITY OF TIGARD
Planned Unit Development Committee
Name of Board, Commission or Committee
November 10,2004
Date of Meeting
To the best of my knowledge these documents are a complete copy of the official record.
C.L. Wiley
Print Name
Signature
2/19/20113
Date
PD REVIEW COMMITTEE MEETING
November 10, 2004
Tigard Town Hall
7:00-9:00 p.m.
Agenda
1. Roll Call 7:00-7:05
2. Adoption of October 4, 2004 Minutes 7:05-7:10
3. Discussion: Proposed Code Changes 7:10-8:30
and Other Issues
4. Measure 37 Impacts 8:30-8:45
5. Update to City Council 8:45-9:00
6. Additional Agenda Items 9:00-9:15
Planned Development Reti' w Committee
PLANNED DEVELOPMENT REVIEW COUNfITTEE MEETING
OCTOBER 4,2004
DRAFT MEETmG MINUTES
1. Roll Call
Staff Liaison, Morgan Tracy welcomed the group and opened the meeting at 7:105
p.m. Mr. Tracy called roll.
2. Adoption of September 7 Minutes
The committee reviewed the September 7, 2004 minutes. John Frewing noted that
the minutes did not reflect the committee's discussion of requiring a minimum parcel
size for projects to be eligible for a planned development review. Staff noted the
change in the minutes. Minutes were approved unanimously by those in attendance.
3. Discussion: Proposed Code Changes
The committee spent some time discussing the concept plan requirement, and
whether it should be allowed to be heard concurrently with the detailed plan. While
there was some agreement that it is difficult at times to discern between the concept
being forwarded and how the detail plan implemented that concept, there was also
resistance to the notion of creating a two-hearing process. Gretchen Buehner
expressed her reservations for requiring two meetings as being an unfair burden to
the interested public, and that it would resulting too much paperwork. John Frewing
expressed that it may not be so critical to split the applications, but ensure that the
concept was clearly spelled out in the joint application. Bill McMonagle noted that
the notion of a concept plan is to address larger multi use and different housing types
in large acreage parcels. On small lots, the concept and detailed plan are fused, since
they typically involve a single use.
Ms. Buehner expressed that there was no easy land or large parcels to develop, that it
would take 10 acres to do something innovative. This led the committee to consider
whether PD's were of any value to Tigard. Dick Bewersdorff noted that we still need
to consider the potential in the UGB expansion areas. David Walsh suggested that
perhaps the Committee is charged with two deliverables: revisions to the PD
ordinance, and creation of an infill lot development process.
Charles Schwarz commented about the larger relative impacts that small projects
have on the adjacent residents. Large projects have a greater ability to provide
buffering around the perimeter, whereas small projects will have an immediate and
profound impact to the character of a neighborhood. These small infill projects
require different sets of standards to ensure greater compatibility.
Alice Ellis-Gaut expressed her frustrations with the public involvement and
neighborhood meeting process. Bill McMonagle shared his recollection of the
neighborhood involvement as it has evolved in Tigard. It began with CPOs during
the development of the comp plan. Then, after the comp plan was finished, interest
waned and Citizen Involvement Teams were formed to consolidate the city's citizen
1
Planned Development Review Committee
groups into four larger bodies. Eventually the membership of the CIT's faded, and
the Planning Department began requiring developers to conduct Neighborhood
Meetings for those property owners within 500 feet of a proposed development.
Ms. Ellis-Gaut suggested the planning department should be represented at the
meetings to ensure consistency and guidance for neighbors and developers to
determine what types of mitigating factors are valid(or code compliant) for projects.
She noted too that the developers should be made available for a second meeting to
respond to concerns brought up in the initial meeting.
Sue Beilke raised the issue of loss of open space and protection of natural resources.
She explained that the city was left with just small parcels, and opportunities for
preserving open spaces were disappearing. She asked what mechanisms were
available to purchase these remaining areas. Mr. Bewersdorff noted that the city did
not have sufficient funding to purchase parkland If the citizens supported such a
measure, a general obligation bond could be passed to acquire parkland. Mr. Tracy
suggested that alternatively, if an open space requirement were imposed, a fee in lieu
of open space could be used by developers where there was inadequate or
inappropriate area for open space on a particular site. This could be banked and
used to acquire open space elsewhere in the City.
Staff distributed the other committee members' suggested PD code revisions. Staff
explained that given the scope and complexity of the changes involved in the PD
ordinance, a list of goals or more specific questions would be developed for the
committee to reach resolution on, prior to drafting the specific code language. Once
the language had been drafted, the Committee would provide their feedback to be
presented below each proposed amendment.
5. Next meeting is scheduled for November 8, 2004 at 7:00 p.m. Staff adjourned
the meeting at 9:10 p.m.
Meeting Attendees:
Committee Members:Charles Schwarz, David Walsh,Sue Beilke, Alice Ellis-
Gaut,John Frewing, Bill McMonagle,Gretchen Buehner,
Absent:Scott Sutton, Ron Ellis-Gaut.
Staff: Morgan Tracy,Dick Bewersdorff
Distributed: 10/18/04
2
DISCUSSION ITEMS:
1) Project size threshold/minimum number of units for PD's eligibility?
With project size limits, smaller, more constrained parcels that really need PD flexibility
may be ineligible. Also, because of the different zoning densities, a"one size limits all"
approach may not be equitable. Under the number of units approach the question is, what
should the number be? Presently fewer than 6 units may be served with a private street
as part of a regular subdivision. PD's from the last five years have ranged between:
Number of Lots Project Name Zone Development Size
24 Maple Ride R-12 2.4 acres
60 Quail Hollow South R-4.5 4 acres
21 Kraft Place R-25 1.1 acres
18 Blue Heron Park R-4.5 4.1 acres
7 On Fonner Pond R-4.5 1.8 acres
9 Moores Meadow R-4.5 1.9 acres
62 Hawks Beard R-25 14.2 acres
10 Bretton Woods R-4.5 2.34 acres
53 Bonita Townhomes R-12 5.6 acres
29 Ash Creek R-4.5 9 acres
47 Arlington Heights III R-7 14.14 acres
Residential zones only? Mixed use Zones? Should they be permitted for partitions as
well as multi family(SDR's). Lot line adjustments?
2)Revisions to the Purpose Statement.
While the committee recognizes that the purpose statement is not used as approval
criteria, it is important that the language be written in a form that is understandable and
relevant to today's developments. If an applicant cannot understand what the purposes of
PD's are, how can the city expect a product that will truly forward the goals of the
subsequent criteria. It is also important to develop the purpose statement language as a
mechanism to evaluate other proposed code changes,to ensure that the amendments stay
on task and further implement the goals of this committee.
PROPOSED DRAFT PLANNED DEVELOPMENT PURPOSE
The purposes of the planned development overlay zone are:
1. To provide an alternate means for property development(4 acres or larger)which
result in development more closely approaching the goals of Tigard's Comprehensive
Plan through the application of flexible standards which consider a broader range of
impacts to the city, and
2. To provide alternate benefits to the city in lieu of strict adherence to all other rules of
the Tigard Community Development Code,and
3. To encourage unique and differentiated neighborhoods (housing styles, use of open
space,transportation facilities, etc.) in Tigard, which will retain their character and city
benefits, while respecting the characteristics of existing neighborhoods though
appropriate buffering, and
4. To preserve to the greatest extent possible the existing landscape features and
amenities (trees, water resources,views, etc.)though the use of a planning procedure
(presentation of alternatives, conceptual review, then detailed review)that can relate the
type and design of a development to a particular site, and
5. To allow an amount of development on a site which will provide some economic
return to the owner and developer consistent with the degree of negative impact or
perceived benefit to neighbors and the general public resources of Tigard.
OR
The Community Vision(I like that, Bill)should be based on the relationship of PEOPLE to the ENVIRONMENT--not of
buildings to one another.This should obtain whether the PD is residential, commercial,or mixed. In other words,given
that the PD concept is in part an attempt to achieve efficiency in cramped quarters,structures should reflect the goal of
maximum possible interface with the natural world
I believe the overriding principles should be grounded in sustainability--i.e., resource preservation&enhancement,energy
efficiency,and quality(aesthetics,durability,utility).While we've gone'round about minimum sizes(and I must admit I'd
prefer these smaller parcels be left alone&re-zoned for more suitable&neighborhood compatible densities)I believe that
IF we orient PDs towards the goals of resource conservation&enhancement,AND we do so by requiring independent
certification re:the environmental/energy/aesthetic characteristics,minimum parcel size might be less critical.Here I
especially agree with John,that the amount of flexibility allowed should be in direct relation to the benefit/deficit to the
environment and the community at large.
We should look to require green building, renewable energy,&other long-term beneficial techniques.Applicants should
be required to address these&other criteria, including innovative use of common space, archtectural&aesthetic
qualities,at the outset,with opportunity for public comment prior to the applicant expending larger sums in pursuit of the
project.(And to those who would say"We can't do that,they won't go for it", I would respectfully reply that this is the 21 st
century,global warming is for real,the technology&materials get cheaper every day, it's the future, it's OUR future,it's
OUR community--so get over it&evolve).
3) Outreach/Public Involvement
The committee should decide whether planned developments should require additional
steps for public involvement and if so, what they should be. Options that have been
discussed include:
Subsequent Neighborhood Meetings (in addition to the first required meeting)
Staff Liaison for Neighborhood Meeting(staff is opposed to this idea because of impacts
to staffing time.)
Two part approval process. One for initial discussion and development of the concept
before too much is invested in developing the detailed plan.
4) Planning Commissions Tools
This will continue to need refinement. I would like to put together a binder of some of
the smart growth, new urbanist ideas.
5) Open Space Requirements
18.350.110 Shared Open Space
Staff Note: This whole section should be incorporated as approval criteria.
A. Requirements for shared open space. [The applicant may choose to provide or the
commission may require additional open space dedication and/or provision of additional
amenities, landscaping or tree planting.] Where the open space is designated on the plan as
common open space the following applies:
1. The open space area shall be shown on the final plan and recorded with the Director;and
2. The open space shall be conveyed in accordance with one of the following methods:
a. By dedication to the City as publicly-owned and maintained as open space. Open
space proposed for dedication to the City must be acceptable to it with regard to the
size, shape, location, improvement and budgetary and maintenance limitations;
b. By leasing or conveying title(including beneficial ownership)to a corporation, home
association or other legal entity,with the City retaining the development rights to the
property. The terms of such lease or other instrument of conveyance must include
provisions suitable to the City Attorney for guaranteeing the following:
(1) The continued use of such land for the intended purposes;
(2) Continuity of property maintenance;
(3) When appropriate,the availability of funds required for such maintenance;
(4) Adequate insurance protection;and
(5) Recovery for loss sustained by casualty and condemnation or otherwise.
c. By any method which achieves the objectives set forth in Subsection 2 above of this
section.
A. Dedication requirements.
1. Where a proposed park,playground or other public use shown in a development plan adopted
by the City is located in whole or in part in a subdivision, the Commission may require the
dedication or reservation of such area within the subdivision,provided that the reservation or
dedication is roughly proportional to the impact of the subdivision on the park system.
2. Where considered desirable by the Commission in accordance with adopted comprehensive
plan policies, and where a development plan of the City does not indicate proposed public use
areas, the Commission may require the dedication or reservation of areas within the subdivision
or sites of a character, extent and location suitable for the development of parks or other public
use,provided that the reservation or dedication is roughly proportional to the impact of the
subdivision on the park system.
B. Acquisition by public agency. If the developer is required to reserve land areafora ark
playground, or other public use, such land shall be acquired by the appropriate public agency
within 18 months following plat approval, at a price agreed upon prior to approval of the plat, or
such reservation shall be released to the subdivider. (Ord. 99-22)
To properly implement this standard, an analysis should be done to identify existing
public open spaces. Then using accepted statistics for required amount of open space per
person, identify those areas where open space is deficient. Do not attempt to identify
specific parcels for acquisition, as this tends to lead folks into destroying there property
in fear of condemnation. That is not the point of the study. The study will identify the
areas where increased development has an unmet need for open space and will either
need to propose some,or pay a fee for acquisitions,to be TIFF creditable (if paying a
parks SDC) Check with Counsel on this one.
6) Density Transfer/Bonuses
Should density bonuses be granted? Should transfers be allowed?
7) Commercial and Industrial PD's
Do we even need these requirements? There are no benefits(ie lot size and setbacks are
relatively minute if any). Under old code, there may have been reasons, but today's code
specifies buffers, landscaping, and in design districts WSRC and Tigard Triangle,
specific building and siting standards apply.Staff note: If the decision is made to remove
commercial and industrial areas from PD applicability, then these sections would be
deleted. One area that may need to be considered are the Mixed Use (MUR, MUC,
MUE)zones. These are technically commercial, but allow residential development. A
list of uses like those spelled out for residential zones should be created to address these
new zones. Something like applicable to all residential zones and residential
development within commercial zones.
8) Allowable uses in residential PD's
We've been focused on housing, but other uses may be encouraged. The current code
provides for small commercial operations that serve the residents of the PD. This is not
feasible with the land that is available, however, small scale commercial operations
serving a small neighborhood may be positive. Examples should be listed, such as barber
shops,retail uses not exceeding 5,000 s.£, dance studio, preschool or daycare, bank. Prohibited
uses should include gas stations, industrial uses,etc.)
9) Brainstorm-Requirements for the statement of planning objectives:
This criterion is an area that could use additional explanation.
"A statement of planning objectives to be achieved by the planned development through
the particular approach proposed by the applicant. This statement should include a
description of the character of the proposed development and the rationale behind the
assumptions and choices made by the applicant."
Perhaps"architectural style, utilization of green building techniques, new urbanist
principles, or other innovative site planning principles"
One Perspective:
What are 'innovative planning practices'?
a. sustainable neighborhood
b. solar access emphasis
c. child-centered development
d. disabled accessible development
e. transit-oriented development
f. creative use of concrete & steel
g. natural wood appearances thruout
h. open space (both developed and not developed)
i. add some more!!!
What are diversified living environments?
a. Mediterreanean style neighborhood
b. Vertical oriented housing and views
c. BC Rainforest styled neighborhood
d. Bungalow/craftsman styled neighborhood
e. Ultramodern housing styles
f. Commune living
g. Classical Greek designs
h. English Tudor cottages
i. The ultimate hi tech neighborhood
j. Only for the physically fit and fitness addicts
k. Oriental homeland
I. Soviet style apartment living
m. Quiet at all costs
n. add some more!!!!!
What are some 'planning objectives and approaches' as noted above?
a. single story neighborhood for accessibility
b. no lawns
c. high end professionally kept grounds and building exteriors
d. no automobiles visible outside of buildings
e. a bicycle-oriented access system
f. a water-oriented view for all
g. golfing lifestyle development
h. a 'mountain lodge' environment
i. lowest cost living
j. privacy a premium
k. an international flavor of different designs (from swiss chalets to tongan
grass huts)
I. add some more !!!!!
And finally what might be a couple sample 'character of the development and
rationale behind the assumptions and choices made by developer'
a. Portland has a reputation for some environmentally sensitive activities. This
neighborhood will be self-sustaining as much as possible and more than any
other neighborhood in the metro area. As a result, we will accept capital and
operating cost penalties in the range of 20 percent. We will use recycled
material, reuse water and organic waste through composting systems and
common garden areas, use permeable pavement, provide common space for a
day care facility and provide bikeways from the site to shopping centers
(including the construction of bikeways for the 10 blocks to the nearest shopping
center). We think there is a market for this development because much of the
economic growth in the metro area comes from people relocating from much
more expensive California homes who work in the hi tech professions and are
sensitive to the environment.
10) Brainstorm: Tree Preservation Standards
The following criterion lacks a definitive threshold:
Trees preserved to the extent possible.Replacement of trees is subject to the requirements of
Chapter 18.790,Tree Removal.
At first,I was thinking that a particular threshold percentage be kept(i.e. not more than 50%of
the trees on site may be removed. But there have been cases where the trees are either a)not
great specimens, b)not plentiful,c)unfortunately located. For example,a development site with
6 trees,all in a hedgerow where the road is forced to go due to other requirements,has no chance
for approval. I then thought what about designating particular"specimen trees" subject to some
form of criteria,that then must be preserved,possibly at the expense of other trees. This too may
be too rigid. What if the neighborhood specified the trees to be saved?' Violates due process and
equal protection. Maybe a plan that includes the project arborist rankings for each tree(on a scale
from 1,poor or dead—5 fair— 10 excellent)this would be represented as varying colors on the
map which is then used to determine where improvements can or should occur. In other words,
recognizing that not every tree can be saved,but if there is a concentration of excellent trees on
the site,then perhaps extraordinary measures can be take to preserve them,with the reality that
this will force a tighter developed parcel,possibly impacting a greater number of lower quality
trees.
11) Specific Code Changes
See proposed language changes
Chapter 18.350
PLANNED DEVELOPMENTS
Sections:
18.350.010 Purpose
18.350.020 The Process
18.350.030 Administrative Provisions
18.350.040 Noncompliance: Bond
18.350.050 Applicability in Commercial and Industrial Zones
18.350.060 Allowed Uses
18.350.070 Applicability of the Base Zone Development Standards
18.350.080 Exceptions to Underlying Development Standards
18.350.090 Conceptual Development Plan Submission Requirements
18.350.100 Approval Criteria
18350.110 Shared Open Space
18350.010 Purpose
18.350.010 Purpose
A. Purpose.The purposes of the planned development overlay zone are:
1. To provide a means for creating planned environments through the application of flexible
standards, i.e.,zero-lot lines,narrower streets,and other innovative planning practices
which will result in a superior living arrangement;
2. To facilitate the efficient use of land;
3. To promote an economic arrangement of land use, buildings, circulation systems, open
space,and utilities;
4. To preserve to the greatest extent possible the existing landscape features and amenities
through the use of a planning procedure that can relate the type and design of a
development to a particular site; and
5. To encourage development that recognizes the relationship between buildings,their use,
open space,and accessways and thereby maximizes the opportunities for innovative and
diversified living environments.
Proposed Revision
Goal. Clarify the purpose of PD's.
Objective of the revised purpose statement: While the committee recognizes that
the purpose statement is not used as approval criteria, it is important that the
language be written in a form that is understandable and relevant to today's
developments. If an applicant cannot understand what the purposes of PD's are,
how can the city expect a product that will truly forward the goals of the
subsequent criteria. It is also important to develop the purpose statement
language as a mechanism to evaluate other proposed code changes, to ensure
that the amendments implement the purpose of the code.
One such proposed revision:
The purposes of the planned development overlay zone are:
1. To provide an alternate means for property development (4 acres or larger)
which result in development more closely approaching the goals of Tigard's
Comprehensive Plan through the application of flexible standards which consider
a broader range of impacts to the city, and
Staff Note. criteria, such as the 4 acre size, should be kept out of the purpose
statement and placed in the approval criteria (or in "The Process') section.
2. To provide alternate benefits to the city in lieu of strict adherence to all other
rules of the Tigard Community Development Code, and
Staff Note. "alternate benefits"may need some clarification, such as examples.
3. To encourage unique and differentiated neighborhoods (housing styles, use of
open space, transportation facilities, etc.) in Tigard, which will retain their
character and city benefits, while respecting the characteristics of existing
neighborhoods through appropriate buffering, and
4. To preserve to the greatest extent possible the existing landscape features
and amenities (trees, water resources, views, etc.) though the use of a planning
procedure (presentation of alternatives, conceptual review, then detailed review)
that can relate the type and design of a development to a particular site, and
Staff Note: This is okay, but realize that often trees and views conflict.
5. To allow an amount of development on a site which will provide some
economic return to the owner and developer consistent with the degree of
negative impact or perceived benefit to neighbors and the general public
resources of Tigard.
Another Perspective
The Community Vision(I like that, Bill)should be based on the relationship of PEOPLE to the ENVIRONMENT--not of
buildings to one another.This should obtain whether the PD is residential,commercial,or mixed. In other words,given
that the PD concept is in part an attempt to achieve efficiency in cramped quarters,structures should reflect the goal of
maximum possible interface with the natural world
I believe the overriding principles should be grounded in sustainability--i.e., resource preservation&enhancement,energy
efficiency, and quality(aesthetics,durability,utility).While we've gone'round about minimum sizes(and I must admit I'd
prefer these smaller parcels be left alone&re-zoned for more suitable&neighborhood compatible densities)I believe that
IF we orient PDs towards the goals of resource conservation&enhancement,AND we do so by requiring independent
certification re:the environmental/energy/aesthetic characteristics,minimum parcel size might be less critical. Here I
especially agree with John,that the amount of flexibility allowed should be in direct relation to the benefit/deficit to the
environment and the community at large.
We should look to require green building, renewable energy, &other long-term beneficial techniques.Applicants should
be required to address these&other criteria,including innovative use of common space, archtectural&aesthetic
qualities,at the outset,with opportunity for public comment prior to the applicant expending larger sums in pursuit of the
project.(And to those who would say"We can't do that,they won't go for it", I would respectfully reply that this is the 21 st
century,global warming is for real,the technology&materials get cheaper every day, it's the future, it's OUR future, it's
OUR community--so get over it&evolve).
18.350.020 The Process
A. Applicable in all zones.The planned development designation is an overlay zone applicable
to all zones.
Staff's proposal: Projects in Commercial and Industrial Zones are not typically reviewed
as PD's, although there are some areas with this overlay in place. There is generally
enough flexibility in site design standards, and there is limited opportunity for mixed uses
(where not already allowed), that the committee may consider limiting PD's to residential
zones only. This may be a good spot to place restrictions on lot size.
B. Elements of approval process. There are three elements to the planned development approval
process,as follows:
1. The approval of the planned development overlay zone;
2. The approval of the planned development concept plan; and
3. The approval of the detailed development plan[or preliminary subdivision plat].
Staff note: "preliminary subdivision"plat was added for clarification, as related to section
E below.
C. Decision-making process.
1. A new planned development overlay zone and/or concept plan shall be processed by
means of a Type III-PC procedure,as governed by Section 18.390.050, using approval
criteria contained in Section 18.350.100.
2. The detailed development plan shall be reviewed by means of a Type II procedure,as
governed by 18.390.040,to ensure that it is substantially in compliance with the approved
concept development plan.
3. In the case of an existing planned development overlay zone for any other type of
application,the application shall be reviewed under the provisions required in the
chapters which apply to the particular land use application.
D. Concurrent overlay zone and conceptual plan applications.The application for the overlay
zone and for approval of the conceptual development plan may be heard concurrently if an
application for each of the actions is submitted.[The detailed commercial or industrial
development plan shall be filed separately].
Staff note: If commercial and industrial PD's are eliminated, this section would be
deleted.
E. Concurrent overlay zone[, concept plan,]and subdivision applications.If the application
involves subdivision of land,the applicant may[also]apply for preliminary plat approval and
the applications shall be heard concurrently.
Staff note: The committee discussed separating the overlay and subdivision into two
separate applications. The general consensus was to allow a joint tiling of the
application, but place greater emphasis on having the applicant clearly distinguish the
two parts instead of merely "proposing a concept which is the detail" Additional text was
added to clarify the three parts of the process.
18.350.030 Administrative Provisions
A. Zoning map designation. Where a planned development overlay zone has been approved,the
zoning map shall be amended to indicate the approved planned development designation for
the subject development site. The approval of the planned development overlay zone shall not
expire.
Staff note: There should be some provision for removal of an overlay zone, when
development has not occurred, or perhaps an expiration timeframe is in order.
B. Time limit on filing of detailed development plan.[If the overlay zone, concept, and detailed
plan or preliminary plat were not heard concurrently,]Within 1-1/2 years after the date of
Commission approval of the conceptual development plan,the owner shall prepare and file
with the Director a detailed development plan.Action on the detailed development plan shall
be ministerial and taken by the Director by means of a Type II procedure,as governed by
Section 18.390.040,using approval criteria below:
1. The Director shall approve the detailed development plan upon finding that the final plan
conforms with the conceptual development plan approved,or approved with conditions
by the Commission.The detailed plan shall be approved unless the Director finds:
a. The change increases the residential densities, increases the lot coverage by buildings
or reduces the amount of parking;
b. The change reduces the amount of open space and landscaping;
c. The change involves a change in use;
d. The change commits land to development which is environmentally sensitive or
subject to a potential hazard; and
e. The change involves a major shift in the location of buildings,proposed streets,
parking lot configuration,utility easements, landscaping or other site improvements.
[f. The final plan does not otherwise substantially conform to the concept plan.]
2. A decision by the Director may be appealed by the applicant or other affected/approved
parties to the Commission and the Commission shall decide whether the detailed
development plan substantially conforms to the approved conceptual development plan
based on the criteria set forth in Subsection 1 of this section. This appeal shall be
governed by provisions of Section 18.390.040G.
C. Extension.The Director shall,upon written request by the applicant and payment of the
required fee,grant an extension of the approval period not to exceed one year provided that:
1. No changes have been made on the original conceptual development plan as approved by
the Commission;
2. The applicant can show intent of applying for detailed development plan[or preliminary
plat]review within the one year extension period;and
3. There have been no changes to the applicable Comprehensive Plan policies and ordinance
provisions on which the approval was based.
D. Phased development.
1. The Commission shall approve a time schedule for developing a site in phases,but in no
case shall the total time period for all phases be greater than seven years without
reapplying for conceptual development plan review.
2. The criteria for approving a phased detail development plan proposal are that:
a. The public facilities shall be constructed in conjunction with or prior to each phase;
and
b. The development and occupancy of any phase shall not be dependent on the use of
temporary public facilities.A temporary public facility is any facility not constructed
to the applicable City or district standard.
E. Substantial modifications to conceptual plan.[Ifa detailed development plan or preliminary
plat does not substantially conform to the conceptual plan, a new conceptual development
plan.shall be required.]
development plan shall re 'Pheation.
Staff note: revised for clarity.
18.350.040 Noncompliance: Bond
A. Noncompliance.Noncompliance with an approved detailed development plan shall be a
violation of this chapter.
B. Issuance of occupancy permits. The development shall be completed in accordance with the
approved detailed development plan including landscaping and recreation areas before any
occupancy permits are issued. However,when the Director determines that immediate
execution of any feature of an approved detailed development plan is impractical due to
climatic conditions,unavailability of materials,or other temporary condition,the Director
shall, as a precondition of the issuance of a required permit, require the posting of a
performance bond or other surety to secure execution of the feature at a time certain not to
exceed one year.
18.350.050 Applicability in Commercial and Industrial Zones
A. By election. An applicant for a commercial or industrial project may elect to develop the
project as a planned development, in compliance with the requirements of this chapter.
B. As condition of approval in commercial and industrial developments.An approval authority
may apply the provisions of this chapter as a condition of approving any application for a
commercial or industrial development.
Staff note:If the decision is made to remove commercial and industrial areas from PD
applicability, then this section would be deleted. One area that may need to be considered are
the Mixed Use (MUR, MUC, MUE) zones. These are technically commercial, but allow residential
development. A list of uses like those spelled out for residential zones should be created to
address these new zones.
18.350.060 Allowed Uses
A. In residential zones.In all residential zones,an applicant with a planned development
approval may develop the site to contain a mixture of uses subject to the density provisions of
the underlying zone and the density bonus provisions of 18.350.100 B2.The following uses
are allowed with planned development approval:
1. All uses allowed outright in the underlying zoning district;
2. Single-family detached and attached residential units;
3. Duplex residential units;
4. Multi-family residential units;
5. Manufactured homes;
6. Accessory services and commercial uses directly serving the planned development only
and which are customary or associated with,but clearly incidental to,the residential uses
permitted in the zone;
Staff Note: talk about controversy. But still in some areas may be appropriate.
Examples should be listed, such as barber shops, retail uses not exceeding 5,000 s.f.,
dance studio, preschool or daycare, bank. Prohibited uses should include gas stations,
industrial uses, etc.)
7. Community building;
8. Indoor recreation facility; athletic club,fitness center,racquetball court, swimming pool,
tennis court or similar use;
9. Outdoor recreation facility,golf course, golf driving range, swimming pool,tennis court,
or similar use;and
10. Recreational vehicle storage area.
Staff note: this one may have seen its time come and go. You decide.
B. In commercial zones.In all commercial zones,an applicant with a planned development
approval may develop the site to contain all of the uses permitted outright in the underlying
zone and, in addition,a maximum of 25%of the total gross floor area may be used for multi-
family dwellings in those commercial zones that do not list multi-family dwellings as an
outright use.
Staff note: If the decision is made to remove commercial and industrial areas from PD
applicability, then this section would be deleted. This provision would need to be added back into
the commercial zoning district, and if an applicant wished to include residential component in a
commercial project, the commercial standards could utilize sections of the PD chapter for
guidance in an (Site Development Review) SDR process.
C. In industrial zones. In all industrial zones,a planned development shall contain only those
uses allowed outright in the underlying zoning district.
Staff note: If the decision is made to remove commercial and industrial areas from PD
applicability, then this section would be deleted. Expansion of other uses in Industrial Zones is
not recommended, potential violation of Metro Functional Plan
18.350.070 Applicability of the Base Zone Development Standards
Staff note: generally 18.350.070 and 18.350.080 should be incorporated into the
approval standards of 18.350.100.
A. Compliance to specific development standards.The provisions of the base zone are
applicable as follows:
1. Lot dimensional standards: The minimum lot size, lot depth and lot width standards shall
not apply except as related to the density computation under Chapter 18.715;
2. Site coverage: The site coverage provisions of the base zone shall apply;
3. Building height: The building height provisions shall not apply; and
4. Structure setback provisions:
a. Front yard and rear yard setbacks for structures on the perimeter of the project shall
be the same as that required by the base zone unless otherwise provided by Chapter
18.360;
Staff note: this standard should be replaced by something more explicit and clearer,
such as a perimeter setback. Setbacks may be required from internal roads that are not
designed to serve abutting parcels. le. Private streets.
b. The side yard setback provisions shall not apply except that all detached structures
shall meet the Uniform Building Code requirements for fire walls;and
c. Front yard and rear yard setback requirements in the base zone setback shall not
apply to structures on the interior of the project except that:
(1) A minimum front yard setback of 20 feet is required for any garage structure
which opens facing a street.[This setback may be reduced for rear or side loaded
garages, if shown on a detailed plan.]
(2) A minimum front yard setback of eight feet is required for any garage opening
for an attached single-family dwelling facing a private street as long as the
required off-street parking spaces are provided. .[This setback may be reduced
for rear or side loaded garages, if shown on a detailed plan.]
[d. The applicant shall specify the proposed setbacks, either on a lot by lot, or project
wide basis. A plan showing the proposed setbacks shall be included.]
B. Other provisions of the base zone. All other provisions of the base zone shall apply except as
modified by this chapter.
18.350.080 Exceptions to Underlying Development Standards
A. Exceptions to parking requirements.The Commission may grant an exception to the off-street
parking dimensional and minimum number of space requirements in the applicable zone
based on findings that:
1. The minor exception is not greater than 10 percent of the required parking; and
2. The application is for a use designed for a specific purpose which is intended to be
permanent in nature, e.g., a nursing home,and which has a low demand for off-street
parking; or
3. There is an opportunity for sharing parking and there is written evidence that the property
owners are willing to enter into a legal agreement; or
4. Public transportation is available to the site,reducing the standards and will not adversely
affect adjoining uses; or
5. There is a community interest in the preservation of particular natural features of the site
which make it in the public interest to grant an exception to parking standards.
Staff note: This is not a widely used exception and is otherwise provided for in Chapter
18.370. As concurrent adjustments can be made part of a detailed application, this
provision should be moved to that chapter.
B. Exceptions to sign requirements. The Commission may grant an exception to the sign
dimensional requirements in the applicable zone based on findings that:
1. The minor exception is not greater than 10 percent of the required applicable dimensional
standard for signs;
2. The exception is necessary for adequate identification of the use on the property;and
3. The sign will be compatible with the overall site plan,the structural improvements and
with the structures and uses on adjoining properties.
Staff note: again, this is generally not used, and the sign code (Chapter 18.790)provides
ample methods for project identification
C. Exceptions to landscaping requirements. The Commission may grant an exception to the
landscape requirements of this title upon a finding that the overall landscape plan provides for
20%of the gross site area to be landscaped.
Staff note: Its recommended that this be made a bit more specific, what types of
landscaping exceptions? Buffer distances? Tree sizes? I think if an overall landscape
plan is prepared for the site by a registered Landscape Architect, and its demonstrated
that the exceptions will continue to better satisfy the intent of the standard being
modified, then this is a good thing. Example: a reduced depth buffer, with an abundance
of various evergreen trees and shrubs, in lieu of a wall placed on the property line on a
sloped property.
18.350.090 Conceptual Development Plan Submission Requirements
A. General submission requirements.The applicant shall submit an application containing all of
the general information required for a Type IIIB procedure,as governed by Section
18.390.050.In addition,the applicant shall submit the following:
1. A statement of planning objectives to be achieved by the planned development through
the particular approach proposed by the applicant.This statement should include a
description of the character of the proposed development and the rationale behind the
assumptions and choices made by the applicant.
Staff Note: this is an area that could use additional explanation. Perhaps "architectural
style, utilization of green building techniques, new urbanist principles, or other innovative
site planning principles"
2. A development schedule indicating the approximate dates when construction of the
Tanned development and its various phases are expected to be initiated and completed.
Staff note: the detailed description should include specific dates to be identified, such as:
demolition, tree protection installation, ground breaking, grading, public improvements,
and building construction.
3. A statement of the applicant's intentions with regard to the future selling or leasing of all
or portions of the planned development.
Staff note: this seems irrelevant, and is recommended that it be deleted.
4. A narrative statement presenting information,a detailed description of which is available
from the Director.
Staff note: the detailed description should include the schedule requirements, and other
ideas?...
B. Additional information. In addition to the general information described in Subsection A
above,the conceptual development plan,data, and narrative shall include the following
information,the detailed content of which can be obtained from the Director:
1. Existing site conditions;
2. A site concept;
3. A grading concept;
4. A landscape concept;
5. [delete] A sign concept; and
6. A copy of all existing[and/Jor proposed restrictions or covenants.
[7. A Structure Setback and Development Standards concept]
18.350.100 Approval Criteria
A. Relationship to site development review. The provisions of Chapter 18.360, Site
Development Review, are not applicable to Planned Development Reviews.The detailed
development plan review is intended to address the same type of issues as the Site
Development Review.
Staff note:If the decision is made to remove commercial and industrial areas from PD
applicability, then this section is still required to address multifamily PD's.
B. Specific planned development approval criteria. The Commission shall make findings that the
following criteria are satisfied when approving or approving with conditions,the concept
plan. The Commission shall make findings that the criteria are not satisfied when denying an
application.
1. All the provisions of the land division provisions,Chapters[delete- 18.410, as this
applies only to lotline adjustments and not divisions] 18.420 [if the committee intends to
allow PD's for 2 and 31ot partitions, then this should remain, otherwise it should be
deleted, and a reference that PD's for residential zones only applies to subdivision and
multifamily development] and 18.430, shall be met;
Staff note: if the applicability section is modified, it should consider these points, and
changes should be reflected in this section as well.
2. Except as noted,the provisions of the following chapters shall be utilized as guidelines.A
planned development need not meet these requirements where a development plan
provides alternative designs and methods,if acceptable to the Commission,that promote
the purpose of this [chapter]seetien.In each case,the applicant must provide findings to
justify the modification of the standards in the chapters listed it Subseetio . 3 below. [The
applicant shall respond to all the applicable criteria of each chapter as part of these
findings. For those chapters not specifically exempted, the applicant bears the burden of
fully complying with those standards, unless a variance or adjustment has been
requested.]
r-equir-e additional open spaee dedieation anWer-pr-evision ef additional amenities-,
Staff Note: The last sentence regarding open space should be moved to the open space
requirements section.
[a. Chapter 18.705,Access,Egress and Circulation.]
Staff Note: This has been moved from subsection "t"below, to be in numerical order.
a. Chapter 18.715, Density Computation and Limitations.Unless authorized below,
density shall be governed by the density established in the underlying zoning district.
The Commission may further authorize a density bonus not to exceed 10%as an
incentive to increase or enhance open space,architectural character and/or site
variation incorporated into the development. These factors must make a substantial
contribution to objectives of the planned development. The degree of distinctiveness
and the desirability of variation achieved shall govern the amount of density increase
which the Commission may approve according to the following:
Staff note: there are density bonus provisions in the Tree Removal ordinance
18.790.040, that should be deleted, to further encourage use of the PD process. These
provisions allow up to a 20% density bonus. If anything those standards should permit a
density reduction. How do you increase density by preserving more trees?
(1)A maximum of 3%is allowed for the provision of undeveloped common space,
exclusive of areas contained in floodplain, slopes greater than 25 %,
drainageways,or wetlands that would otherwise be precluded from development;
[1%bonus for each 5%gross site area set aside in open space]
(2)A maximum of 3% is allowed for landscaping; streetscape development;
developed open spaces,plazas and pedestrian pathways and related amenities;
recreation area development; and/or retention of existing vegetation;[1%bonus
for each I%of total project cost invested in development of pedestrian amenities,
plazas, or other items from the "Planning Commission's Toolbox'?
(3)A maximum of 3%is allowed for creation of visual focal points;use of existing
physical amenities such as topography,view,and sun/wind orientation;
Staff Note: aside from visual focal points, which is really tough to assign a value to,
these other items are market driven and generally will be utilized by the developer to
reduce project costs (less grading) or increase lot values (sun, view). This section
should be deleted.
(4)A maximum of 3%quality of architectural quality and style;harmonious use of
materials; innovative building orientation or building grouping; and/or varied use
of housing es.
Staff Note: This is the stated purpose of PD's. Why should a bonus be provided for
projects that do what they are supposed to do? Perhaps varied use of building types
and/or pricing levels to meet affordable housing objectives would be something to
consider, but as written, this bonus provision should be removed. Another consideration
would be to grant density reductions, based on site specific criteria with a potential
mitigation program (i.e. Transfer of Development Rights)
;
Staff Note: exceptions to the exceptions? This chapter shouldn't be a guideline, the
flexibility is already provided by the flexibility in the underlying development standards.
c. [moved] ;
d. Chapter 18.745,Landscaping and Screening;
e. Chapter 18.765,Off-street Parking and Loading Requirements;
f. [moved] Ghapt ff 18.705, n eeess EgFess and Cir-oulatien; and
Staff Note:As mentioned previously, signs are not typically even a discussion for PD's,
and there are allowances in the Sign Code and Variance Chapter to address signs.
[h. Chapter 18.795, Visual Clearance Areas,-]
(i. Chapter 18.810, Street and Utility Improvements, Sections 18.810.040, Blocks;and
18.810.060, Lots.
Staff note: The sections from this chapter refer to specific site planning standards such
as block length dimensions, general connectivity, and lot size and shape. There are
certainly cases to be made where these standards do not fit a particular design concept
that better meets the intent.
3. In addition,the following criteria shall be met:
a. Relationship to the natural and physical environment:
(1)The streets,buildings and other site elements shall be designed and located to
preserve the existing trees,topography and natural drainage to the greatest degree
possible; [mass grading is not permissible, and a specific evaluation will be
required for each tree to be preserved. A program shall be established by the
Commission that will specify a penalty system for trees that are advertently or
inadvertently damaged.]
(2) Structures located on the site shall not be in areas subject to ground slumping and
sliding[as demonstrated by the inclusion of a specific geotechnical evaluation];
(3) There shall be adequate distance between on-site buildings and other on-site and
off-site buildings on adjoining properties to provide for adequate light and air
circulation and for fireprotection;
Staff Note: the requirement for a perimeter setback should account for offsite separation
distance. Fire and building codes regulate on site building separation. If not attached,
typical setbacks are three feet(6 feet between buildings.)perhaps this should just be
adopted to replace this nebulous standard.
(4) The structures shall be oriented with consideration for the sun and wind
directions,wherepossible; and
Staff Note: As noted previously, the market will typically dictate that developers consider
these types of amenities. It's a pretty loose standard, but could be kept.
(5) Trees preserved to the extent possible. Replacement of trees is subject to the
requirements of Chapter 18.790,Tree Removal.
Staff note: at first, I was thinking that a particular threshold percentage be kept(i.e. not
more than 50% of the trees on site may be removed). But there have been cases where
the trees are either a) not great specimens, b) not plentiful, c) unfortunately located. For
example, a development site with 6 trees, all in a hedgerow where the road is forced to
go due to other requirements, has no chance for approval. l then thought what about
designating particular"specimen trees"subject to some form of criteria, that then must
be preserved, possibly at the expense of others. This too may be too rigid. What if the
neighborhood specified the trees to be saved? Violates due process and equal
protection. Brainstorm.
b. Buffering, screening and compatibility between adjoining uses:
(1) Buffering shall be provided between different types of land uses,e.g.,between
single-family and multi-family residential,and residential and commercial uses;
(2) In addition to the requirements of the buffer matrix(Table 18.745.1),the
following factors shall be considered in determining the adequacy and extent of
the buffer required under Chapter 18.745 [The requirements of the buffer matrix
may be reduced if a landscape plan prepared by a registered Landscape
Architect is submitted that attains the same level of buffering and screening with
alternate materials or methods]:
(a) The purpose of the buffer,for example to decrease noise levels, absorb air
pollution,filter dust,or to provide a visual barrier;
(b) The size of the buffer needs in terms of width and height to achieve the
purpose;
(c) The direction(s)from which buffering is needed;
(d) The required density of the buffering;and
(e) Whether the viewer is stationary or mobile.
(3) On-site screening from view from adjoining properties of such activities as
service areas, storage areas, parking lots and mechanical devices on roof tops
shall be provided and the following factors shall be considered in determining the
adequacy of the type and extent of the screening:
(a) What needs to be screened;
(b) The direction from which it is needed; and
(c) Whether the screening needs to be year-round.
c. Privacy and noise:Non-residential structures which abut existing residential
dwellings shall be located on the site or be designed in a manner, to the maximum
degree possible,to protect the private areas on the adjoining properties from view
and noise;
d. Private outdoor area—[residential] multi fainily use:
Staff note: it does not seem a far stretch to require this of single family development
either
(1) In addition to the requirements of subparagraph(3),each ground-level residential
dwelling unit shall have an outdoor private area(patio,terrace, porch)of not less
than 48 square feet;
(2) Wherever possible,private outdoor open spaces should be oriented toward the
sun;and
(3) Private outdoor spaces shall be screened or designed to provide privacy for the
use of the space.
e. Shared outdoor recreation[and open space] areas—[residential] use:
(1) In addition to subparagraphs(2)and(3)of this section each [residential]
ale-dwelling development shall incorporate shared usable outdoor
recreation areas within the development plan as follows:
(a) Studio units up to and including two bedroom units,200 square feet per unit;
(b) Three or more bedroom units,300 square feet per unit.
(2) Shared outdoor recreation space shall be readily observable from adjacent units
for reasons of crime prevention and safety;
(3) The required recreation space may be provided as follows:
(a) It may be all outdoor space;or
(b) It may be part outdoor space and part indoor space; for example,an outdoor
tennis court and indoor recreation room; or
(c) It may be all public or common space;eF
outdoor-tennis eetift, indeeft Feefeatien Feem, and baleenies on earsh unit; or-
(e) NVhery baleenies are added to units,the baleenies shall not be less than 48
Staff Note: The SDR standards permit balconies to be used for semi public outdoor area,
but this seems a weak level of excellence to expect from a planned development project,
therefore its recommended that this provision be deleted.
f. Access and circulation:
(1) The number of[required] allowed access points for a development shall be
provided in Chapter 18.705;
(2) All circulation patterns within a development must be designed to accommodate
emergency[and service] vehicles; and
(3) Provisions shall be made for pedestrian and bicycle ways [abutting and through a
site] if such facilities are shown on an adopted plan.
g. Landscaping and open space:
(1) Residential Development: In addition to the [buffering and screening
requirements of paragraph b of this subsection, and any unimproved open space]
,a
minimum of 20 percent of the site shall be landscaped. [This may be
accomplished in improved open space tracts, or with landscaping on individual
lots provided the developer includes a landscape plan and suretyfor such
landscape installation];
(2) Commercial Development: A minimum of 15 percent of the site shall be
landscaped;and
(3) Industrial Development: A minimum of 15 percent of the site shall be
landscaped;
h. Public transit:
(1) Provisions for public transit may be required where the site abuts [or is within a
%mile of] a public transit route.The required facilities shall be based on:
(a) The location of other transit facilities in the area; and
(b) The size and type of the proposed development.
(2) The required facilities [may include but are not necessarily limited to] shall be
lia}ited le such facilities as:
(a) A waiting shelter;
(b) A turn-out area for loading and unloading;and
(c) Hard surface paths connecting the development to the waiting area.
Signs:(1) in addition to the pr-evisiens ef Chapter- 18.780,
(a) beemien of all signs pFepesed for-the development site; and
Staff Note:redundant and meaningless criteria, especially if other provisions related to
signs are removed from the PD chapter.
j. Parking:
(1) All parking and loading areas shall be generally laid out in accordance with the
requirements set forth in Chapter Chapter 18.765;
0
dwellings may be provided on ene eF fnefe eemmen par-king lots within the
par-king spaee-.
Staff Note: this is a meaningless standard. The present minimum parking for single
family lots is 1 per unit. A more meaningful requirement would be: for each X number of
units, 1 on street parking space shall be provided. To ensure that any guest parking or
spillover parking has somewhere to go. Such on street parking may occur in "bays"
(wider spots in the otherwise narrow street)]
k. Drainage: All drainage provisions shall be generally laid out in accordance with the
requirements set forth in Chapter 18.775,and the criteria in the adopted 1981 master
drainage plan[or any subsequent adopted amendments thereto];
1. Floodplain dedication: Where landfill and/or development is allowed within or
adjacent to the 100-year floodplain,the City shall require consideration of the
dedication of sufficient open land area for a greenway adjoining and within the
floodplain.This area shall include portions of a suitable elevation for the construction
of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted
pedestrian bicycle pathway plan.
18.350.110 Shared Open Space
Staff Note: This whole section should be incorporated as subsection "m."under the
approval criteria above.
A. Requirements for shared open space. [The applicant may choose to provide or the
commission may require additional open space dedication and/or provision of additional
amenities, landscaping or tree planting.] Where the open space is designated on the plan as
common open space the following applies:
1. The open space area shall be shown on the final plan and recorded with the Director;and
2. The open space shall be conveyed in accordance with one of the following methods:
a. By dedication to the City as publicly-owned and maintained as open space.Open
space proposed for dedication to the City must be acceptable to it with regard to the
size, shape, location,improvement and budgetary and maintenance limitations;
b. By leasing or conveying title(including beneficial ownership)to a corporation,home
association or other legal entity,with the City retaining the development rights to the
property.The terms of such lease or other instrument of conveyance must include
provisions suitable to the City Attorney for guaranteeing the following:
(1) The continued use of such land for the intended purposes;
(2) Continuity of property maintenance;
(3) When appropriate,the availability of funds required for such maintenance;
(4) Adequate insurance protection;and
(5) Recovery for loss sustained by casualty and condemnation or otherwise.
c. By any method which achieves the objectives set forth in Subsection 2 above of this
section.
A. Dedication requirements.
1. Where a proposed park,playground or other public use shown in a development plan adopted
by the City is located in whole or in part in a subdivision, the Commission may require the
dedication or reservation of such area within the subdivision,provided that the reservation or
dedication is roughly proportional to the impact of the subdivision on the park system.
2. Where considered desirable by the Commission in accordance with adopted comprehensive
plan policies, and where a development plan of the City does not indicate proposed public use
areas, the Commission may require the dedication or reservation of areas within the subdivision
or sites of a character, extent and location suitable for the development of parks or other public
use,provided that the reservation or dedication is roughly proportional to the impact of the
subdivision on the park system.
B.Acquisition by public agency. If the developer is required to reserve land area for a park
playground, or other public use, such land shall be acquired by the appropriate public agency
within 18 months following plat approval, at a price agreed upon prior to approval of the plat, or
such reservation shall be released to the subdivider. (Ord. 99-22)
HARRANG LONG GARY
LEAGUE OF OREGON CITIES 2004 CONFERENCE
BALLOT MEASURE 37
GLENN KLEIN
SUMMARY OF MEASURE 37
An owner of property(or interest in property,like a lease)is authorized to file a claim with a government that enacts
or enforces certain types of land use regulations,if the regulations restrict the use of private real property,and if the restriction
reduces the value of the property. Claims generally must be filed with the governmental entity within two years of the
regulation's enactment or enforcement.
Not all regulations are covered. Local regulations that are covered(state requirements also covered)are as follows:
• "comprehensive plans,""zoning ordinances,""land division ordinances"and"transportation ordinances"
• Metropolitan service district regional framework plans, functional plans, planning goals and objectives
• existing as well as new regulations(i.e.,the Measure is retroactive)
The following regulations are exempt from Measure 37—i.e.,the Measure does not require a government to waive
or compensate for them even if they reduce the value of the property:
• restrictions on uses commonly and historically recognized as public nuisances under common law
• restrictions to protect public health and safety, such as fire and building codes, health and sanitation
regulations, solid or hazardous waste regulations,and pollution control regulations
• restrictions required to comply with federal law
• restrictions on use of property to sell pornography or perform nude dancing
• regulations enacted prior to the date of acquisition of the property by the owner or a family member
Within 180 days of a property owner filing a valid Measure 37 claim,a city may:
• pay"just compensation"(equal to reduction in the fair market value of the affected property interest resulting
from enactment or enforcement of the land use regulation)and continue to apply and enforce the regulation;
or
• modify,remove or not apply the regulation to allow the owner to use the property for a use permitted at the
time the owner acquired the property.
If the governmental entity does not pay or waive a claim within 180 days,the property owner may file a lawsuit to
obtain compensation, and likely will now be entitled to reasonable attorneys' fees, expenses and costs. The govemmer'
probably can waive or modify the regulation even after the lawsuit is filed. However,the property owner probably will
entitled to attorneys' fees,costs and other expenses even if government waives or modifies the restriction after the lawsu►.
is filed.
The government can adopt or apply procedures for processing claims,but the procedures may not act as a prerequisite
to the filing of a compensation claim in court.
—(TIONS FOR LOCAL GOVERNMENT
The following are some of the concepts that city councils may want to incorporate into an ordinance to address issues
raised by Measure 37. The legal risks vary for the different components. Before deciding to implement one of the concepts,
you should check with your city attorney about both the risks and the city's charter authority to incorporate the concept.
• Claims process:Process could define minimum requirements for filing a claim,the fees that will be charged
for processing the claim,and the decision-maker for denial or approval of a claim.
• Fees for processing claims:Consider creating a fee that recovers the city's actual cost(similar to handling
public records requests),with billing at conclusion of process,and use of collection action or property lien
to ensure collection.
• Transfer of property voids waiver:Make"waiver"of regulation personal to the claimant,thereby resulting
in the waiver becoming void if the property changed hands after a waiver was obtained.
• Record waiverand restrictions on property:If waiver is voided upon transfer,consider recording on property
a document that puts purchasers and lenders on notice that waiver will be voided if property is transferred.
• Create private cause of action: Granting a waiver to a claimant may result in a reduction in the value of a
neighbor's property. Depending on the powers granted by a city charter,a city council may be able to create
a "private cause of action" (i.e., an ability to file a lawsuit) allowing the neighbor to sue the claimant to
recover the reduction in the neighbor's property caused by the claimant's waiver,as well as attorneys' fees.
What to do before effective date of the Measure(December 2):
• Adopt claims processing ordinance(at least if fees are to be charged).
•- Identify where claims should be filed.
• Decide how staff should respond to requests for information about prior regulations.
• Get an appraiser on retainer.
What to do not long after the Measure takes effect:
• Discuss w/county handling of claims for property in urban transition area/urban growth boundary area.
• Decide as a general matter whether valid claims will result in compensation,or waiver or modification of
regulations.
• Decide as a general matter whether to track possible waivers in nearby jurisdictions that could impact city.
• Review work plans for "land use regulations" and comprehensive plan amendments to decide whether
projects should go forward.
A longer paper regarding Measure 37,including a sample implementation ordinance,also will be handed out at the
League of Oregon Cities conference. That paper will also be available at www.harrang.com and
www.orcities.org/currentissues/m37.cfm. As we gain more experience with Measure 37, we will continue to update that
longer paper and will post the updated paper on the website.
PORTLAND ♦ SALEM ♦ EUGENE
www.harrang.com
(541)485-0220
r
MEASURE 37: SOME PRELIMINARY THOUGHTS
FOR IMPLEMENTATION BY CITIES'
GLENN KLEIN
The purpose of this paper to provide for cities initial information about Measure 37 to help
them decide how they want to respond to the Measure,particularly in terms of implementation. In
deciding how to respond to Measure 37, cities should keep in mind one of the policies the League
adopted several years ago:as cities,we need to balance(and recognize)the rights ofproperty owners
(including the new rights granted under Measure 37) with the rights of the citizens that a city also
serves. To assist cities with that effort, this paper will first provide a summary of Measure 37. It
then will discuss some of the potential options available to cities in responding to the Measure.
The choices that each city makes in how to respond to Measure 37 should involve
consideration of several factors. First, the council must decide as a matter of policy how it wants
to deal with the Measure. Second,the council needs to understand the extent of its powers under its
charter. For the most part, if one city in Oregon can adopt a provision as part of a Measure 37
implementation ordinance,other cities should be able to do so as well. However,there may be some
provisions that require city charter authority. Third, the council must decide its tolerance for legal
risk and willingness to engage in litigation if a potential claimant believes that the council has
adopted a provision that violates Measure 37. The various components come with different levels
of legal risk. The levels of risk for some of the components also differ among cities, since the risk
depends in part on the nature of a city's charter and the powers granted by the charter.
In light of the possible legal risks related to potential options for implementation of Measure
37, we strongly urge city councils to consult with their legal counsel before deciding to adopt one
or more of them. That discussion can be structured to occur in executive session.
SUMMARY OF MEASURE
Measure 37 authorizes an owner of property(or interest in property, like a lease) to file a
claim with a government that enacts or enforces certain types of land use regulations. To be a valid
`This paper was prepared for the League of Oregon Cities conference on November 5,shortly after passage of
Measure 37. As we continue to work through issues related to Measure 37,and gain more experience and undertake
more analysis, we will continue to update this paper_ The most current update of the paper will be available at
www.harrang.coni. The paper,along with much additional information related to Measure 37,also should be available
on the League of Oregon Cities website at www.orcities.ore/currentissues/m37.cfm.
Measure 37 Overview- I
HARRANG LONG GARY RUDNICK P.C.
claim, however, there needs to be more than a land use regulation. That land use regulation must
also restrict the use of private real property,and must also reduce the value of the property. Claims
generally must be filed with the governmental entity within two years of the regulation's enactment
or enforcement.
As noted above, the Measure does not apply to all regulations, or even all land use
regulations as most people understand that term. Measure 37 creates its own definition of"land use
regulations,"including both state and local regulations. For local regulations, Measure 37 includes
only the following:
(1) "comprehensive plans," "zoning ordinances," "land division ordinances" and
"transportation ordinances"; and
(2) metropolitan service district regional framework plans, functional plans, planning
goals and objectives.
Prior to Measure 37,state statutes contained a definition of"land use regulation"that is broader than
the definition noted above. Consequently,there are some land use provisions that cities have treated
as land use regulations in the past, that will not be"land use regulations"under Measure 37.
Even if a regulation is encompassed within Measure 37's definition of"land use regulation"
noted above,the regulation still may fall outside Measure 37's purview if it comes within one of the
five exemptions. Those five exemptions—i.e.,five categories of regulations that the Measure does
not require a government to waive or compensate for them even if they reduce the value of the
property— are as follows:
(1) restrictions on uses commonly and historically recognized as public nuisances under
common law;
(2) restrictions to protect public health and safety,such as fire and building codes,health
and sanitation regulations,solid or hazardous waste regulations,and pollution control
regulations;
(3) restrictions required to comply with federal law,
(4) restrictions on use of property to sell pornography or perform nude dancing; and
(5) regulations enacted prior to the date of acquisition of the property by the owner or a
family member.
Measure 37 does not define most of the terms contained in these exemptions. It is unclear how
broadly or narrowly the courts will construe them. Consequently, there will be some risk if
governments decide to rely on one of the exemptions in order to deny a claim filed under Measure
37.
Measure 37 grants a governmental entity 180 days after a property owner files a Measure 37
Measure 37 Overview-2
HARRANG LONG GARY RUDNICK P.C.
claim before the property owner can file a lawsuit. During that 180 days,should the city determine
that the claim is a valid claim, the city may:
(1) pay"just compensation"(equal to reduction in the fair market value of the affected
property interest resulting from enactment or enforcement of the land use regulation)
and continue to apply and enforce the regulation; or
(2) modify,remove or not apply the regulation to allow the owner to use the property for
a use permitted at the time the owner acquired the property.
The city,of course, also could do nothing(in which case the claimant likely would file a lawsuit in
circuit court after the 180 day period.) In addition, a city might also be able to acquire the entire
parcel (rather than just some type of interest in it).
If the governmental entity does not pay or waive a claim within 180 days,the property owner
may file a lawsuit to obtain compensation, and likely will now be entitled to have the city pay
reasonable attorneys' fees,expenses and costs. The government probably can(but the Measure is
ambiguous on this point) waive or modify the regulation even after the lawsuit is filed. However,
the property owner likely will still be entitled to attorneys' fees, costs and other expenses even if
government waives or modifies the restriction after the lawsuit is filed.
Measure 37 expressly allows a government to adopt or apply procedures for processing
claims. The Measure also states,however,that those procedures may not act as a prerequisite to the
filing of a compensation claim in court.
OPTIONS FOR COUNCILS TO CONSIDER
Implementing ordinance
Claims process: Measure 37 expressly authorizes local(and state)governments to adopt or
apply"procedures for the processing of claims." However,the Measure also explicitly states that
"in no event shall these procedures act as a prerequisite to the filing of a compensation claim. . . ."
If a city decides that it wants to attempt to recover its costs of processing claims(discussed below),
then the city should adopt an ordinance establishing a claims process. The process should define the
minimum requirements for filing a claim,the fees that will be charged for processing the claim,and
the decision-maker for denial or approval of a claim. At the end of this paper is a preliminary sample
ordinance that a city could use as a basis for a claims process ordinance. Section 3 of that sample
ordinance identifies the types of information that a city might want to request as part of a claim under
Measure 37. Also at the end of this paper is a page that contains a more comprehensive list of
Measure 37 Overview-3
RARRANG LONG GARY RUDNICK P.C.
categories of information that a city may want to request as part of a claim. Sections 4 - 6 of the
sample ordinance also describe one way a city could process claims. There is nothing magical
about the process. There are probably only two critical components: (1) take actions within 180
days of receiving the claim(or risk a lawsuit where you have to now pay the claimant's attorneys'
fees); and(2)provide that the city council shall be responsible for waiving or modifying a land use
regulation.
Except for denials of claims that have no merit—which a city manager or city administrator
could lawfully deny under Measure 37—the city council probably should be involved in decisions
on claims. Claims that"have no merit"are those that would be made by an ineligible claimant,that
do not concern a"land use regulation" or that are exempt, or that have similar shortcomings. A
decision to waive or modify a regulation must be made by the city council(Measure 37 authorizes
the governing body that enacted a regulation to modify or waive).Under Measure 37,a decision to
compensate a property owner could be made by the city manager or administrator(if the council
delegated such power),but only if the council had already appropriated funds for payment of such
claims.
The claims processing ordinance should grant the council the authority,where it agrees that
a claim is a valid Measure 37 claim, the following options: (1) pay compensation; (2) remove the
regulation;(3)modify the regulation;or(4)purchase(or,if necessary,possibly condemn) the entire
property either to keep as a city asset, or to re-sell. Section 6 of the sample ordinance contains
provisions related to council action.
Fees for processing claims: As noted above, Measure 37 authorizes a city to adopt
procedures for processing claims,but compliance with those procedures is not a prerequisite to filing
a claim in court. Establishment of a fee likely would fall into that category. Nevertheless, a city
council likely can impose a fee for processing such claims. A claims processing ordinance could
contain a provision that requires claimants to pay a city's actual cost in processing the claim. Fees
would be less for claimants that provide more complete information in their claims. City staff would
keep track of their time (including time spent by the city's attorneys) and expenses (such as an
appraisal) for processing the particular claim. At the end of the process, the city could send the
claimant a bill. If the claimant did not pay the bill, then the city could pursue collection efforts,or
record a lien on the property for the amount of the bill. Section 7 of the sample ordinance provides
for payment of fees.
Transfer of property voids waiver: Measure 37 requires a government to compensate a
property owner for a valid Measure 37 claim, or to remove'or modify a regulation "to allow the
owner to use the property for a use permitted at the time the owner acquired the property." This
Measure 37 Overview-4
HARRANG LONG GARY RUDNICK P.C.
language suggests that a government may be able to limit the waiver to the claimant only. In other
words, a government may be able to provide that the waiver is void upon the claimant's transfer of
the property to another. Section 6(4)of the sample ordinance contains such a provision.
Record waiver and restrictions on property: Assuming that a city council agrees that a
transfer of the property after a waiver should void the waiver, then the city should record on the
property(with county records) the resolution adopted by the council that approved the waiver. A
council could (but is not required to) take action to grant a waiver by council resolution. The
resolution could specify which regulations were waived, and any limitations on that waiver(such
as the waiver becoming void if the property is transferred) so that future property owners would
know that they could not rely on the waiver.
Option to waive "additional regulations": Some property owners may come to the city
complaining only about particular regulations, rather than, for example, all of the related or linked
regulations. In other words,they may attempt to avoid some of the current limitations,but still get
some of the benefits of the more recent code. Measure 37 states that a governmental entity can
remove or modify regulations to allow a use that was valid at the time the property owner acquired
the property.A claims processing ordinance could enable—but not require—a city council to decide
to waive more than the specific regulations encompassed in a particular claim.
Option to "modify"regulations to authorize a particular project:There may be some valid
Measure 37 claims where a property owner is willing to work with the city to develop property in
a manner that the city (i.e., the city council) determines would be beneficial, particularly if the
alternative is to pay compensation or simply waive the regulations. A claims processing ordinance
could allow a city council the opportunity to consider "modifying" the regulations to allow a
particular development project.
Private cause of action: Granting a waiver of regulations for a claimant may have the effect
of reducing the value of a neighbor's property. Based on powers granted by many city charters, a
city council may have the authority to authorize the neighbor whose property was devalued to file
a lawsuit(in circuit court)to recover from the claimant the amount of the reduction in value. If a
city has a charter with a general grant of power(usually section 3 or 4 of the charter),it is likely that
the council has that power. If the city does not have a charter with a general grant of power, and
instead, has an enumerated powers charter (containing a specific list of each power that the city
possesses), then the question is whether one of the specific powers would authorize this type of
provision. Section 8 of the sample ordinance contains this type of provision.
Measure 37 Overview-5
HARRANG LONG GARY RUDNICK P.C.
In addition to the options discussed above,there are a number of other questions which have
policy implications as well as legal risks associated with them. Below are some of those issues.
Decide how staff should respond to requests for information about prior regulations.
City staff likely are going to be asked by potential claimants questions about how to file Measure 37
claims or about prior regulations that would govern in the event of a waiver. Before that happens,
the council (or city manager or administrator) should determine the extent to which staff should
provide information. Consider having staff provide an information sheet that describes the city's
claims processing ordinance(assuming that the council adopts one),and otherwise decline to answer
questions related to Measure 37 since the information being requested would relate to threatened
litigation. If the city chooses to perform research for potential claimants, then decide whether the
city should recover its staff costs in performing that research.
Discuss with county handling of claims for property in urban transition area/urban
growth boundary area.Claims that are related to property located outside the city limits,but inside
the urban growth boundary,pose particularly tricky policy and administrative issues. Many of these
areas are covered by urban transition agreements between the city and county in which the city is
delegated the authority and responsibility for administering the land use and building codes. Under
Measure 37,only the governing body that enacted a regulation can waive or modify that regulation.
Cities should decide how they would like Measure 37 claims arising in this urban transition area
handled, and begin in the near future discussions with the county to reach agreement.
Decide as a general matter whether to track possible waivers in nearby jurisdictions
that could impact the city. If a jurisdiction with land use authority over property within relatively
close to your city grants a waiver,the resulting development could have a significant impact on your
city. Measure 37 does not authorize a governing body to waive any regulation for just any reason.
Instead,it only authorizes waiver of"land use regulations"(as defined by the Measure)that restrict
the use of private real property, and only if the regulation is not exempt (for example,health and
safety regulations) and reduces the value of the property. In other words, Measure 37 authorizes a
waiver only for valid Measure 37 claims. If a claim is not valid,but the governing body waives the
regulation, a court should be willing to overturn the waiver. A policy question for a city council is
whether the city should track claims filed with nearby jurisdictions in case a waiver is granted that
will significantly impact your city where the waiver was not authorized.
It is also worth noting that people dissatisfied with a city's waiver or modification of a land
use regulation likely will be able to file a lawsuit against your city to challenge that modification or
waiver. Such a lawsuit might be filed by the claimant's neighbor who doesn't want a commercial
use next to the neighbor's house,or might.be filed by a land use or environmental organization.
Measure 37 Overview-6
HARRANG LONG GARY RUDNICK P.C.
Review of work program. As noted above, adopting a new, non-exempt "land use
regulation"that restricts the use of property and results in-a decrease in fair market value would be
subject to compensation claims by every existing property owner. In light of that possibility,before
a city devotes too much staff time(or funds for consultants) to continue working on updating land
use codes or comprehensive plans, the city should ask itself whether the end-product of that work
will be subject to a valid Measure 37 claim. If the answer to the question is yes, then the city may
want to postpone or cancel that work. In many cases,that work is being required by the State as part
of a periodic review task. The League has begun discussions with State officials in an attempt to get
the State to think about whether such periodic review tasks should be modified.
Measure 37 Overview-7
HARRANG LONG GARY RUDNICK P.C.
SUGGESTIONS FOR INFORMATION CITIES SHOULD REQUEST
FROM CLAIMANTS
• Name, address and telephone number of claimant
• Names and addresses of all other owners of same property
• Names and addresses of all owners of interests in that property,such as trustees,lien holders
and lessees
• Address, tax lot and legal description of the real property that is the subject of the claim
• Copy of the deed transferring ownership to the claimant
• Title report issued within 30 days of the filing of the claim that reflects all of the ownership
interests in the property
• If a claim is based on ownership by a family member,then information similar to the above
should be provided showing the chain of title back to the original family member
• The current land use regulation or regulations that allegedly restrict the use of the real
property
• The amount of the claim,based on the alleged reduction in value,supported by an appraisal
by an appraiser licensed by the Appraiser Certification and License Board
• Copies of any leases or Covenants,Conditions and Restrictions(CCRs)applicable to the real
property
• A statement as to the preferred resolution of the claim:(1)a monetary payment in a specific
amount; (2) waiver of the applicable regulation(s); or (3) modification of the applicable
regulation(s), including a description of the desired modification(s)
SAMPLE MEASURE 37 CLAIMS PROCESSING ORDINANCE
ORDINANCE NO.
AN ORDINANCE CONCERNING REAL PROPERTY COMPENSATION;
ADOPTING PROCEDURES FOR PROCESSING CLAIMS; DECLARING
AN EMERGENCY; AND PROVIDING AN IMMEDIATE EFFECTIVE
DATE.
THE CITY OF DOES ORDAIN AS FOLLOWS:
Section 1. - Purpose. This Real Property Compensation Ordinance is intended
to implement the provisions added to Chapter 197 of Oregon Revised Statutes by Ballot
Measure 37 (November 2, 2004). These provisions establish a prompt, open, thorough
and consistent process that enables property owners an adequate and fair opportunity
to present their claims to the city; preserves and protects limited public funds; and
establishes a record of the city's decision capable of circuit court review.
Section 2 — Definitions. As used in this Ordinance, the following words and
phrases mean:
[City Manager/City Administrator.]. The [City Manager/City
Administrator] of the City of , or his or her designee.
Claim. A claim filed under Ballot Measure 37.
Exempt Land Use Regulation. A land use regulation that:
(a) Restricts or prohibits activities commonly and historically
recognized as public nuisances under common law;
(b) Restricts or prohibits activities for the protection of public
health and safety, such as fire and building codes, health and sanitation
Ordinance - i
regulations, solid or hazardous waste regulations, and pollution control
regulations;
(c) Is required in order to comply with federal law;
(d) Restricts or prohibits the use of property for the purpose of
selling pornography or performing nude dancing; or
(e) Was enacted prior to the date of acquisition of the property
by the owner or a family member of the owner who owned the subject
property prior to acquisition or inheritance by the owner, whichever
occurred first.
Family Member. Includes the wife, husband, son, daughter, mother,
father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law,
mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent, stepchild,
grandparent, or grandchild of the owner of the property, an estate of any of the
foregoing family members, or a legal entity owned by any one or combination of
these family members or the owner of the property.
Land Use Regulation. Includes:
(a) Any statute regulating the use of land or any interest therein;
(b) Administrative rules and goals of the Land Conservation and
Development Commission;
(c) Local government comprehensive plans, zoning ordinances,
land division ordinances, and transportation ordinances;
(d) Metropolitan service district regional framework plans,
functional plans, planning goals and objectives; and
Ordinance - 2
(e) Statutes and administrative rules regulating farming and
forest practices.
Owner. The present owner of the property, or any interest therein.
Valid Claim. A claim submitted by the owner of real property that is
subject to a land use regulation adopted or enforced by the city that restricts the
use of the private real property in a manner that reduces the fair market value of
the real property.
Section 3— Claim Filing Procedures.
(1) A person seeking to file a claim under sections 1 - 7 of this ordinance must
be the present owner of the property that is the subject of the claim at the time the claim
is submitted. The claim shall be filed with the city [manager's/administrator's] office, or
another city office if so designated by the city [manager/administrator].
(2) A claim shall include:
(a) The name(s), address(es) and telephone number(s) of all owners, and
anyone with any interest in the property, including lien holders, trustees, renters,
lessees, and a description of the ownership interest of each;
(b) The address, tax lot, and legal description of the real property that is the
subject of the claim, together with a title report issued no more than 30 days prior to the
submission of the claim that reflects the ownership interest in the property, or other
documentation reflecting sole ownership of the property by the claimant, and the date
the property was acquired;
Ordinance - 3
(c) The current land use regulation(s) that allegedly restricts the use of the
real property and allegedly causes a reduction in the fair market value of the subject
property;
(d) The amount of the claim, based on the alleged reduction in value of the
real property supported by an appraisal by an appraiser licensed by the Appraiser
Certification and Licensure Board of the State of Oregon; and
(e) Copies of any leases or Covenants, Conditions and Restrictions ("CCR's)
applicable to the real property, if any, that impose restrictions on the use of the property.
(3) Notwithstanding a claimant's failure to provide all of the information
required by subsection (2) of this section, the city may review and act on a claim.
Section 4 — City (Mana9er/Administratorl Investigation and
Recommendation.
(1) Following an investigation of a claim, the city [manager/administrator] shall
forward a recommendation to the city council that the claim be:
(a) Denied;
(b) Investigated further;
(c) Declared valid, and waive or modify the land use regulation, or
compensate the claimant upon completion of an appraisal; or
(d) Evaluated with the expectation of the city acquiring the property by
condemnation.
(2) If the city [manager's/administrator's] recommendation is that a claim be
denied, and no elected official informs the city [manager/administrator] within 14 days
that the official disagrees, then the city [manager/administrator] may deny the claim. if
Ordinance- 4
an elected official objects, then the city manager shall wait an additional seven days to
see whether two more elected officials object to the proposed denial. If they do, then
the city [manager/administrator] shall schedule a work session with the city council. If
not, the city [manager/administrator] may deny the claim.
Section 5 -- City Council Public Hearing. The City Council shall conduct a
public hearing before taking final action on a recommendation from the City [Manager/
Administrator]. Notice of the public hearing shall be provided to the claimant, to owners
and occupants of property within 300 feet of the perimeter of the subject property, and
neighborhood groups or community organizations officially recognized by the City
Council whose boundaries include the subject property.
Section 6 — City Council Action on Claim.
(1) Upon conclusion of the public hearing, and prior to the expiration of 180
days from the date the claim was filed, the City Council shall:
(a) Determine that the claim does not meet the requirements of
Measure 37 and this Ordinance, and deny the claim; or
(b) Adopt a Resolution with findings therein that supports a
determination that the claim is valid and either direct that the claimant be
compensated in an amount set forth in the Resolution for the reduction in value
of the property, or remove, modify or direct that the challenged land use
regulation not be applied to the property.
(2) The City Council's decision to waive or modify a land use regulation or to
compensate the owner shall be based on whether the public interest would be better
Ordinance - 5
served by compensating the owner or by removing or modifying the challenged land use
regulation with respect to the subject property.
(3) If the City Council removes or modifies the challenged land use regulation,
it may, at its discretion, put back into effect with respect to the subject property, all of the
land use regulations in effect at the time the claimant acquired the property.
(4) A decision by the City Council to remove or modify a land use regulation
shall be personal to the claimant(s) and shall automatically become invalid and void
upon the transfer of any ownership interest in the subject property by the claimant to
anyone. [Measure 37 is unclear with respect to whether a waiver can be
voided, when the owner transfers the property. If a city wants to adopt an
implementing ordinance that poses less risk of prompting a lawsuit against the
city, the city should delete this subsection.]
Section 7 — Processing Fee.
(1) The city [manager/administrator] shall maintain a record of the city's costs
in processing a claim, including the costs of obtaining information required by section 3
of this ordinance which a property owner does not provide to the city. Following final
action by the city on the claim at the local level, the city [manager/administrator] shall
send to the property owner a bill for the actual costs, including staff and legal costs, that
the city incurred in reviewing and acting on the claim.
(2) If the property owner does not pay the amount due within 30 days, then
the city shall pursue collection, including filing a lien on the property. [Measure 37 is
unclear with respect to whether a city can require a property owner with a valid
Measure 37 claim to pay a processing fee. If a city wants to adopt an
Ordinance - 6
implementing ordinance that poses less risk of prompting a lawsuit against the
city, the city either should limit the requirement to payment of a fee to claims that
the city determines are not valid, or should delete this subsection.]
Section 8 -- Private Cause of Action. If the city council's approval of a claim by
removing or modifying a land use regulation causes a reduction in value of other
property located in the vicinity of the claimant, the neighbor(s) shall have a cause of
action in state circuit court to recover from the claimant the amount of the reduction, and
shall also be entitled to attorney's fees. [Measure 37 is unclear with respect to
whether a city can create a private cause of action for reduction in the value of a
neighbor's property resulting from the waiver. If a city wants to adopt an
implementing ordinance that poses less risk of prompting a lawsuit against the
city, the city should delete this subsection.]
Section 9. Due to the passage of Measure 37 at the General Election on
November 2, 2004 with an effective date 30 days thereafter, the City Council declares it
is necessary for the preservation of the public health, welfare and safety for this
Ordinance to have immediate effect. Therefore, this Ordinance shall become effective
immediately upon its passage by the City Council and approval by the Mayor, retention
by the Mayor for more than ten days, or readoption over a Mayoral veto by two-thirds of
all members of the City Council.
Passed by the City Council this Approved by the Mayor this
day of November, 2004 day of November, 2004
City Recorder Mayor
Ordinance - 7
THE THIRTEEN POINTS OF
TRADITIONAL NEIGHBORHOOD
DEVELOPMENT
( ) The streets are relatively narrow
Andres Duany & Elizabeth Plater-Zyberk and shaded by rows of trees. This slows
down the traffic, creating an environment for
The social and environmental benefits of a the pedestrian and the bicycle.
Traditional Neighborhood Development(TND)
result from certain physical and organizational ( ) Buildings at the Neighborhood
characteristics. An authentic Neighborhood center are placed close to the street.
includes most of the following: This creates a strong sense of place.
( ) Parking lots and garage doors
( ) The Neighborhood has a rarely enfront the streets. Parking is
discernible center. This is often a square or relegated to the rear of buildings, usually
green, and sometimes a busy or memorable accessed by alleys.
street intersection. A transit st^p would be
located at this center. ( ) Certain prominent sites are
reserved for civic buildings. Buildings
( ) Most of the dwellings are within a for meeting, education,religion or culture are
five-minute walk of the center. This located at the termination of street vistas or at
distance averages one-quarter of a mile. the Neighborhood center
( ) There is a variety of dwelling types ( ) The Neighborhood is organized to
within the Neighborhood. These usually be self-governing. A formal association
take form of houses, rowhouses and debates and decides on matters of maintenance,
apartments, such that younger and older security and physical change ( but not on
people, singles and families, the poor and the taxation which should be the responsibility of
wealthy, may find places to live. the larger community). I
( ) There are shops and offices at the 10-K 16� � >� 4� HOA i;r
edge of the Neighborhood. The shops
should be sufficiently varied to supply the
weekly needs of a household.A convenience /� II
store is the most important among them. Bv5 40P A s�d� kA
( ) A small ancillary building is
permitted within the backyard of each
house. It may be used as one rental unit, or as
a place to work.
( ) There is an elementary school close
enough so that most children can walk
from their dwelling. This distance should
not be more than one mile. *1.A quarter mile is 1320 ft.An average quarter mile
is 1980 ft.
( ) There are small playgrounds quite *2.The shops of a ULI standard Convenience Center are
near every dwelling. This distance should a good mix.
not be more than one-eighth of a mile. *3.For non-noxious occupations such as a small
offices,or craft workshops.
( ) The streets within the
Neighborhood are a connected
network. This provides a variety of itineraries
and disperses traffic congestion.
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Standardization of the American Dream
(Standardization Objectives for the New American Dream)
A report by Christopher B. Leinberger
Managing Director of Robert Charles Lesser& Co.; Partner in Arcadia Land Company
Today's real estate development finance marketplace plays a major,but often forgotten part in the dynamics of
transportation and land use. Moreover,current major land development projects are oriented to products that require
access by car;they are not pedestrian-oriented. It could be said that parking and car access "drives"most projects.
Large land development projects are self-supporting and modular financially,architecturally,and marketing-wise.
They do no have to relate to anything around themselves,being free standing and divorced from their setting.
Accommodating regional architecture(except superficially)and the context of the specific locale is not relevant.
Conventional American development patterns which have resulted in a geometric expansion of land use compared
to underlying population growth relies upon a relatively small palette of now standard products. This has resulted
in metropolitan areas with reduced sense of character and a feeling that they "could be anywhere" as well as being
environmentally non-sustainable. Many of the potential answers for understanding our current situation and deter-
mining an alternative future starts with an understanding of the new realities of real estate finance.
The U.S.real estate industry employs more capital than any other in the entire economy,approximately nine trillion
dollars. As a result of poor performance in the late 1980's and early 1990's,a great change is occurring in real
estate finance. The real estate community is no longer trusted to employ such vast sums of money without much
stricter controls;professional money managers and investment bankers are becoming the "gate keepers" for real
estate capital investment decisions. This has a large effect on what gets built-and what gets built tends to be a for-
mula process that favors products that have proven to be successful in the past.
Today,there are only about 18 products types that can quickly and cheaply be financed by these money managers.
Examples of the formulas for these product types include:
• grocery and drug store anchored neighborhood centers of 80,000 and 150,000 square feet with surface parking
designed to draw from the "neighborhood" within a two to four mile radius,
• two and three story rental apartments between 100 and 500 units with surface parking,though more attached
garages are now expected,
• move-up detached housing of one-third acre lots with the houses between 1,800 and 3,000 square feet,
• two and three story office buildings between 50,000 and 100,000 square feet with surface parking in outer
suburban locations,
• one story 100,000 plus square feet warehouses with a minimum of a 17-foot clear span height and laser leveled
floors to accommodate automatic storage and retrieval systems,
•"power centers"comprised of numerous"big box,category-killer"retailers like Circuit City and Home Depot
totaling between 200,000 and 400,000 square feet using parking and drawing from a radius of three to five miles.
Even though these formulas are not static,changing in size and character with the pressures or supply and demand,
they are very limiting. The major land use implications on of such standardization is an acceleration of the trend
toward an homogeneous built landscape-and as standardization becomes codified by the real estate finance com-
munity,local input or control is diminished. With the possible exception of superficial architectural details,an
apartment in Atlanta looks like one in Los Angeles;a housing subdivision is the same in Kansas City as it is in
Orlando. The commercial strip is ubiquitous in this country,probably the most significant American contribution to
30th century architecture. Such standardization has lead to biting commentaries over the past 30 years, including
The t3eogmphy of Nowhere by James Kunstler,who referred to the American built as a"hostile cartoon environment."
How are Americans reacting to the formula-driven environment being created across the country? "Visual prefer-
ence surveys"by Anton Nelessen,a Princeton-based planner,yield a nearly universal conclusion: Conventional,
formula-codified development is viewed"as an evil unleashed on the community." In what may appear to be a
blinding flash of the obvious,Nelessen has consistently shown that pedestrian-oriented village retail is overwhehn-
ing and consistently preferred to eight lanes of traffic separating the local Wal-Mart from the McDonald's.
If such findings reflect antipathy toward current real estate industry development patterns,how can we explain their
obvious acceptance? Critics of conventional development patterns such as Peter Calthorpe,one of the leaders of the
"New Urbanism"movement,would say it is because there are few alternatives to the current cookie-cutter products
from which to choose. This is borne out by the great fondness and protectiveness of the residents of many neigh-
borhoods and patrons of certain commercial areas built before World War H. Examples include Country Club Plaza
in Kansas City,the German Village neighborhood in Columbus,Ohio and the Upper East and West Sides of
Manhattan,places which violate the formulas of today's codified products. Elected officials or developers who
attempt to change the character of these places do so at a huge risk.
Another reason is the ancient concept of the"tragedy of the commons." Originally referring to the over grazing of
commonly owned lands in England,it is applied today by individuals,families and businesses who attempt to maxi-
mize their own benefits,be it convenience,safety,efficiency or privacy,with the collective result of these individ-
ual decisions being far less than optimal. As Anthony Downs of the Brookings Institution has pointed out in N=
Visions for Metrotwlitan America,the post-war American Dream was defined as "a home in the suburbs,a car,
good schools,responsive local government." While this version of the Dream has been achieved for the majority of
us,it now "threatens the long-run viability of American society,"according to Downs. This is because the sum of
these individual decisions has lead to traffic congestion,air pollution,rising taxes for deferred infrastructure,loss of
nearby open space and the segregation and concentration of the poor which results in geometric increases in crime
and the pervasive gene-al fear of crime. The tragedy of the commons means,according to Downs,that the
American Dream is non-sustainable and must be replaced.
However,a major reason for the success and consumer acceptance of the limited number of standardized products is
that Americans have obviously traded off character for efficiency. In retailing for instance,strip commercial allows
the average consumer to spend far less on food than consumers in the rest of the industrialized world. Wal-Mart is
cheaper and offers more selection than the old 5& 10,while homes in the United States are far larger for the same
or less cost as well. The standardization of our real estate has certainly lead to significant cost efficiencies.
The new American Dream must have many more than 18 codified products that can be easily and cheaply
financed and developed. These new products must take into account building a sense of community and
environmental sustainability,yet not lose the cost efficiencies inherent in standardization since that would
reduce affordability. These new products need to be evaluated in the context of the community and their
specific metropolitan area,not just on a modular,stand-alone basis like today's menu. Yet this will take edu-
cation,political consensus and new mechanisms which demand a level of planning and approvals Americans
have rarely accepted in the past. However,one thing is certain: The real estate industry,the ultimate coRlec-
tion of can-do optimists,can prosper and grow under this new regime,particularly if the rules are clear and
certain.
Our development patterns will have to be significantly modified. The answers to how we modify them are
just now becoming clear. The only question is when the new version of the American Dream can be formu-
lated and codified.
Author bio: Christopher B.Leinberger is Managing Director of Robert Charles Lesser&Co. He divides his work
between strategic planning for real estate companies and metropolitan development trends. He serves on the boards
of directors/advisors of several real estate companies.
Christopher B.Leinberger ROBERT CHARLES LESSER&CO. Route 4,Box 48,Santa Fe,NM 87501
Ph 505 988-7600 Fax 505 988-7476
The Financing Rationale
Eight Feasibility Factors
for Traditional Neighborhood Development
A Report by ZimmermanNolk Associates
Research& Strategic Analysis
1. Relatively higher densities enable a lower land cost per unit. Public spaces
created by traditional neighborhood planning - the trade-off that allows higher
densities -also serve as substantial amenities for the community.
2. Lower up-front infrastructure costs are required prior to building and selling
the first units compared with a conventional master-planned community. The
fust construction phase can offer the full range of housing types in one area,
rather than in separate "pods" for each housing type, each with its own associ-
ated infrastructure.
3. Greater product flexibility throughout the neighborhood enables quick
response to changing market demand characteristics.
4. The market can be deeper than just "new home buyers." TNDs offer a
new construction alternative that conveys the diversity and pedestrian orienta-
tion of typically highly-valued older neighborhoods. Many resale buyers find
these aspects of community lacking in conventional subdivisions and master-
planned communities.
5. Residual value is enhanced. Once the TND is established, appreciation of
remaining dwelling units -particularly in later phases - should occur at a high-
er rate than within conventional master-planned communities in otherwise
similar circumstances. Appreciation is manifest as some combination of esca-
lating sales or rising prices.
6. Integrated-use development creates a broader, more balanced tax base for
municipalities.
7. Public maintenance and infrastructure costs are lower for higher-density
development because of the greater economies of scale, shorter runs of lower
tech infrastructure.
8.Neighborhood and "main street" shopping districts do not require periodic
refurbishment to maintain market appeal, a result of little or no privately-
owned retail common areas. The environment is constantly renewed as the
shopfronts change,upgrade,and evolve.
Laurie Volk(ZVA) Todd Zimmerman(ZVA) Peter Katz
Zimmerman/Volk Associates,Inc. 51 Main Street,Clinton,NJ 08809 Ph 908 735-6336 Fax 908 735-4751
WANIVOIR ASSOCIATES,INC. URBAN, TRADITIONAL k SUSTAINABLE COMMUNITIES Pagel
Ica
n fawn 0009
36.904-73"751 fees
Sb-Vc Arbor a Chicago,IL-Baseline research,feasibility,market positioning for seniors
housing within a 40-acre downtown mixed-use re-development.
ZIMMEIMANIVOLx ASSOCIATES,INC has long been associated with traditional town a Cincinnati,OH-Baseline demand research,feasibility,market positioning
planning and downtown revitalization efforts. The firm's offices are located for a traditional neighborhood development on a downtown infill riverboat
on the Main Street of an historic town in central New Jersey. The paindpaL are
frequently cited in national publications on the topic of urban and town sits'
development and revitalization. The firm's proprietary target market analysis is
designed to be a vital tool in understanding the critical residential,recreational, a Dade County,FL-Research,feasibility,market positioning for a proposed
retail.and civic space dynamics required for a successful integrated-ase canter. infill traditional neighborhood development on a post-hurricane 'walk-
ZIMMERMAN/VOL[ASSOCIATES has worked on the analysis, development or Te away water-oriented property.
development of town centers, mired-use urban complexes, sustainable
developments,and traditional neighborhoods throughout the United States. a Elizabeth, NJ-Baseline research, feasibility, market positioning for
housing within a 20-acre downtown mixed-use, transit-oriented re-
development.
A selection of completed assignments includes:
a Gaithersburg, MD-Market positioning for a 2,000-unit traditional
3 Aurora, IL-Market repositioning for a proposed 1,000-unit, mixed-use, neighborhood development
pedestriaa-oriented development.
a Grand Island, NY-Market research and positioning for a 200-acre
a Baltimore Inner Harbor, MD-Baseline research, feasibility, market integrated-use development
positioning for a 2.2 million sq. h. meed-ase development, including
housing,re-rins retail,and office- o Honolulu, HI-Market rsaearch and positioning for an 1,100-acre
bsachbout traditional neighborhood district.
Baltimore Inas Harbor,h(l)"-Consultation for a 12-acre redevelopment.
a Mount Pleasant, SC-Market research and positioning for a 260-acre
3 Blacksburg, VA-Market research and positioning for a 100-acre new integrated-Ilse,traditional neighborhood development
rural village
-
• Naples,FL-Market research and positioning for a downtown mixed-use,
3 Burlington County, NJ-Baseline research, feasibility, and market redevelopment area,including hospitality,retail,housing and office uses.
positioning to create a recreation-oriented integrated-use village on a 400-
sae user town ate. O Norfolk,VA-Baseline research,feasibility,market positioning for a 100-
acrs bayfrout property,Norfolles Sass Oocan View Redevelopment Area,
j Cape Canal,FI—Market research and positioning,and planning charrette including bousing,marina,and retail-
managament for a marina-based coastal village on a 200-sire infill sibs.
o North Pt. Myers, FL-Baseline research,feasibility,market positioning,
1 Charlotte, NC-Research, feasibility, market positioning, pro-form•
and pro-forma development to create a series of rserution-oriented
analysis for a housing, office, entertainment and retail downtown integrated-ase villages on a 1,100-acre new town site.
ndsvelop—plan.
rao®a.walr ABR'
'ReAN, TRADITIONAL k SUSTAINABLE COMMUNITIES_ Paee3 URBAN, TRADITIONAL a SUSTAINABLE COMMUNITIES_ P.O..
Oswego,11-Market research and product positioning for an 86-acre new
A selection of current or schedled uaseignmsnts includes:traditional village
Porter County,IN-Market research and positioning fora 68-acre o Charlotte, NC-Phasing and absorption analysis to determine buildout
PO ring proposed
village development. values of a housing, office, entertainment and retail downtown
redevelopment plan.
Providence, RI-Baseline research, feasibility, market positioning, and
pro-forma analysis for housing,entertainment and retail redevelopment D Conway, Ag-Baseline research, feasibility, market positioning and
implementation strategies for a proposed mined-use traditional village
within a 30-block downtown revitalization area-
adjacent to an existing college campus.
Roanoke, VA-Baseline research, feasibility, and implementation for
redevelopment of an existing public housing site. O Flower Mound, v Research, feasibility, market positioning, Phasing,
pro-forms. 'trendd'" versus 'plan' analysis and build-out values for a
Roanoke, VA-Research, feasibility, and implementation guidelines for housing,oSncs,entertainment and retail master-planned community in a
downtown mixed-ter market-rate redevelopment. 1,3Wscre district.
St.Augustme Beach FL-Market research and positioning,and pro-forma a Hanover,PA-Markst research and positioning for a 200-acre traditional
development fixr a coastal village an a 100-acre infill mate. neighborhood development.
St. Gan. , UT-Market research and positioning in preparation far a o Louisville, KY-Baseline research, feasibility, market positioning for a
trVANU nal town on an 1,100-acre ate. propowd 800-4ae traditional neighborhood development
South Walton County,FL-Market research and positioning for an Wears O Miami FLrRsssareb, feasibility, market positioning for a proposed
cosetsi villago- African-Amoriun heritage development an an urban infill site.
Tooelo County, UT-Market research and positioning for an additional a Portsmouth,VA-Baseline research, feasibility, and implementation for
2,300 units for Stansbury Park,an existing master-planned cammumty. redevelopment of an ung public housing ate and surrounding districts.
Tucson,A7-Market research and positioning for a 876-sere solar village a Queens. NY-Market research and positioning for a 100-anit historic
planned as a model sustainable community, landmark waterfront property.
Wickford, RI-Market research, product positioning, design team and a Santa Fe,NM-Market positioning for a proposed integrated-ase,400-s
charrette management for a 60-acre,amvironmentally-sensitive waterfront sustainable desert community.
village.
o Saratoga Springs, NY-Market research and positioning for a proposed
172-unit golf course community.
0 Spokane, WA-Raesarch, programming and buildout analysis of three
mixed-use transit nodes for a contemplated rail line.
Market Performance: The Town of Seaside
Comparison with Conventional Developments in its Market Area
Report data by Christopher A. Kent, P.A.
Real estate broker and counselor
Seaside is an 80 acre TND(traditional neighborhood development)new resort town of 2000 on Florida's Northwest
coast. The four types of conventional development competitors in Seaside's market area:
1.The town of Seagrove Beach 3. Suburban resort developments
2. Resort condominiums 4. Individual beachfront properties
Comparison#1 Comparable Lot
The Conventional Town of Seagrove Beach: 1982 1996
Located next door and directly contiguous to Seaside,it is connected via three streets. Seagrove Beach
The lots in Seagrove are approximately the same as in Seaside. Architectural controls and $15,000 $35,000
deed restrictions create the type of control provided in the better suburban developments Seaside
of Florida. Like at Seaside,there is a grocery store and cafe in the neighborhood. Much $15,000 $165,000
of the appreciation at Seagrove has been credited to the presence of Seaside next door.
Comparison#2 Beachfront condos
Conventional Resort Condominiums: $1504200 per sf.
Approximately 6000 condominiums have been built in the Destin/Walton county area. Seaside (no ocean view)
Seaside reserves much of its beachfront property for public use. $200-$350 per sf.
Comparison#3 Golf course lots
Conventional Suburban Resort Development: 15,000 sf. $754100,000
The five major suburban resort developments within the bi-county Seaside area,typically $5.00-$6.67 per sf.
400+acres, includes at least one championship golf course,multiple swimming pools and Seaside(no ocean view)
tennis facilities. Seaside is 80 acres and does not include these amenities. The most valu- 7000 sf. $200,000
able properties in these developments are lots directly overlooking a golf course. $28.57 per sf.
Comparison#4
Conventional Individual Beachfront Properties: Typical lots
17,500 sf. $200,000
Residential properties lying directly on the Gulf of Mexico continue to be the most valu- $11.43 per sf.
able properties in Northwest Florida. Lots are typically 50 x 350 and sell for appoximate-
ly$11.43 per sf. In the land-locked part of Seaside,no homesite sells for under$25 per sf, Seaside(least valuable)
and all of these lots lie across a major county road from the beachfront. The least valuable 3570 sf. $115,000
lots located the farthest from the water(--1150 ft.)are 42 x 85 ft. and sell for$32.21 per sf. $32.21 per sf.
Comparison#5 Appreciation Rates
per year since 1982
Conventional Countywide Development County area 0-10%
Of the 12 major developers in the area,all but three lost their developments through the Resort condos 0-(-10%)
tax code changes of the 1980's. Appreciation rates for Seagrove are partially due to Seagrove 10%
Seaside homeowners purchasing there.
Seaside 25%
Christopher A. Kent,P.A. Real Estate Broker and Counselor
10 West Shallows Drive•Santa Rosa Beach Florida 32459•Phone&Facsimile (850)231-1000
The Neighborhood Work Center
as a necessary response to the home-work revolution
A report by Jeff Speck
Project Manager, Andres Duany and Elizabeth Plater-Zyberk, Architects and Town Planners
The Neighborhood Work Center,in which employees of different corporations telecommute collectively,is a
popular idea among all the groups who bemoan the home-work revolution,and has been successful in other
countries that are further along the telecommuting learning curve. When located within walking distance of
its users,it becomes a natural center for a residential neighborhood,and can conveniently share a semi-pub-
lic site with a day-care center or a comer store. While eliminating the ills associated with telecommuting,it
also serves as a social collector for the alienating illness of suburbia.
There remains much uncertainty as to how American neighborhood work centers should be financed,but
they are a concept that must be promoted by those who hope that,as the office building slowly becomes
replaced by the computer screen,the place of business will continue as the chosen location of an otherwise
scarce Public Person.
We are now witnessing the early stages of a revolution in the way that we work and live. Recent advances in
telecommunications technology have made it possible for the typical white-collar worker to work at home,and
there is a dramatic increase in the number who are choosing to do so. This"telecommuting revolution,"which
some see as promising a reunification of the segregated aspects of suburban life,threatens instead to make the isola-
tion of the suburbs all the more extreme. As it is currently handled architecturally,the home office is a vehicle for
loneliness,sexual discrimination,and worker exploitation.
Loneliness:
Recent sociological research has documented that many personality types share a similar experience as
telecommuters: an initial honeymoon of one or two years followed by a shift to increasing dissatisfaction,
characterized by feelings of loneliness,isolation, and cabin fever." Those who do not feel lonely often suffer
from the opposite problem: an exasperating inability to establish an inviolable work environment in which
they can avoid the distractions of home life.
Discrimination:
Men who promote home-work as a liberating tool for the house-bound mother are often surprised by the luke-
warm reaction they receive farm those women who have actually tried it. Feminist advocates insist that the
addition of computer-based clerical work to the list of burdens already shouldered by the typical housewife is
nothing if not disempowering. Further,the notion that women can adequately handle their child-care needs
simultaneously with home-work has proved to be wishful thinking.
Exploitation:
The typical telecommuter is not an executive but a clerk,and thus there is reason to fear a return to the largely
outlawed"piecework"practices of the nineteenth century. Early evidence suggests that many home-workers
have found themselves with lower earnings and fewer benefits than their office-bound counterparts.The fur-
ther inability of telecommuters to act collectively has led the AFL-CIO to pass a resolution calling for a ban on
computer home-work by the Department of Labor.
There are still many advantages to telecommuting, as evidenced by the ever-expanding home-office work-
force,and there is no reason to expect this trend to reverse. The question indirectly raised by the movement's
opponents is how the telecommuting revolution can be recast in such a way as to reduce the isolation and
exploitation of the home-worker. For many,the answer lies in making telecommuting a collective center.
Jeff Speck ANDRES DUANY AND ELIZABETH PLATER-ZYBERK ARCHITECTS AND TOWN PLANNERS
1023 SW 25th Avenue, Miami FL 33135 Ph 305 644-1023, Fax 305 644-1021
MARKETING
"A year ago,the Gallup Organization asked people if they would prefer to live in a city,suburb,
small town or farm. Small towns were the choice favored by 34 percent; 24 percent chose a
suburb; 22 percent picked a farm,and 19 favored a city. Four out of five respondents lived in a
metropolitan area."
Source: New York Times, September 1990
COMMUNITY FEATURES
Ranked in importance by recent homebuyers
Preferences culled from Various National Surveys
Percent saying, "very or extremely important"
Feature Income less Income greater Survey location
than $75K than $75K
Privacy from people seeing into my yard 71% 74% San Diego
Homes with a backyard along a golf course 5% 5% Philadelphia
A small cluster of nearby convenience stores 61% 67% Nationwide
(dry cleaners,corner grocery,etc.)
A private country club 13% 22% Denver
Little parks nearby 45% 48% Nationwide
A wall around the subdivision 14% 11% Denver
A library where you can check out books, or 45% 46% Nationwide
sit and read
A dramatic entrance to the subdivision 9% 8% Denver
Source: Brooke Warrick-American Lives
AT BELMONT
3 Builders: * Alfandre,Ryland&Hovnanian (the latter two are national builders)
* Alfandre&Ryland followed neotraditional rules.
* Hovanian did not: no fences, garages flush with front elevation.
Sales Pattern Sold to July 1994
Alfandre 30
Ryland 14
Hovnanian 1
Result:
1. Joe Alfandre offered to buy lots from Hovnanian.
2. Hovananian responded by:
a) adding fences,etc.
b) developing 6 new models with detached garages or rear loaded garages
15'-20' behind front elevation.
c) agreed to help fund community ammenities pavillions and corner store.
Source: A Neotraditional Town By DPZ in Virginia,Near D.C.
0005G amdquotes-statistics
LAND PRICE
PRICE/ SQ. FT. $0 $5 $10 $15 $20 $25 $30 $35 $40
LOTS OVERLOOKINGNNW .'•
GOLF COURSE VIEW .:::;:, $5. - 6.70
LOTS OVERLOOKING :`:" k� M>r<->};
WATERFRONT VIEW "-�`M
LARGER INLAND LOTS �>' : - '' -; 8.60
WITHOUT VIEWS mom
SMALLER INLAND LOTS - $35.
WITHOUT VIEWS
HOUSING PRICE
PRICE/ SQ. FF. $0 $50 $100 $150 $200 $250 $300 $350 $400
HOUSING
- -�- - $150. 200.
ON BEACHFRONT
HOUSING al
a--
l•�.
.. $200. 350.
INLAND
LAND APPRECIATION
INCREASE/YEAR 0% 5% 10% 15% 20% 25% 30% 35% 40%
ALL LOTS ==4 j' A,y_: > 0 -1001
- �::;rv;:k;t_ =-��>� - -<�.�:=:;�f•- ;fir:::>:::
=:
:iA:
L
25 0
ALLOTSFli
The Town Planning Process 75
INTRODUCTION demonstrate a return to the basic town planning principles the pedestrian are typical of today's public works regule-
The following pages provide the essential elements of that have produced orderly community design throughout tions.Such standards should be modified to allow coher-
town design.Included are an abstract a set of diagrams, history, ent neighborhood design-
and criteria for town and community design. COMMUNITY INVOLVEMENT PUBLIC SERVICES AND UTILITIES
Site planning for development projects should be a se- Early in the planning process.contact community groups Other information that may require additional research in-
quential process that begins with information gathering' with an interest in the proposed project Such efforts yield cludes
and ends with detailed design drawings.The process in- useful information for community design and are particu-
volves three stages:analysis,design,and implementation. lady important when a proposed project is adjacent to ex- 1.Availability of potable water,including local and state
The chart below indicates a planning process;however, isting development Compatibility issues are typically regulations on wells
this can vary to accommodate the specifics of a particular resolved with community participation.
project Physical site characteristics,urban or suburban Io- 2.Availability of public sewer service,access to trunk lines.
cation•and community criteria modify the process.The One method of involving the community is the"charrette.' and available increases in flow.If sewage lines are not
site planning process includes both architect and land- s participatory planning process with a limited time frame, immediately available,determine projected phasing of
scape architect and.in some cases•biologists,civil engi- usually one day to a week.in which residents,municipal these services,as well as alternatives to sewage collec-
neers. and others An integrated approach to site staff,elected leaders,and others participate in the physical -
development and architecture helps create a quality envy design of a project The planner receives local information don and treatment including septic tanks.
ronment The text on this page is presented as a checklist useful for the design,and individuals and groups bring 3.Access to public roads,existing and projected carrying
for structuring a project their interests to bear at the beginning of the design pro- capacities,and levels of services of the roads.(State and
cess,thereby expediting final approvals_ local road departments can provide this information.)
CLIENT CONTACT AND INPUT 4.Availabiliryandcapacities ofschools and other public fa-
The first step is contact between the client and the site REGIONAL,STATE,AND FEDERAL cilities.such as parks and libraries
planner.The dient may have some development objec- PLANNING
tives based on financial capabilities and market feasibility. Some areas of the country have established regional ager, SITE ANALYSIS
It is important for the site planner to obtain all client data cies for intercommunity issues, such as water manage-
relative to planning the site. ment transportation, population studies, and pollution Site analysis is one of the planner's major responsibilities.
control.Some communities have adopted regional plan- All the on-and offsite design determinants must be evalu-
LITERATURE REVIEW ningguidelines ated before design begins.For details,see the following
pages on environmental site analysis.
Site planning covers a variety of situations from rural and State and/or federal criteria can also affect projects.State
suburban to highynlensity urban. plans may address broad issues applicable to large sites or PROGRAM DEVELOPMENT
There is substantial literature on planning sites and design- impose constraints on sites involving issues of statewide At the program development stage.background research.
ing neighborhoods to an densities, Recent publications concem.Also,some states require environmental impact citizen input and site analysis are combined with client in-
statements for large-scale projects.The U.S.Army Corps of put and synthesized into a set of program strategies.Basic
Engineers is responsible for environmental review of pro- elements for program development include market and(-
posed dredge and fill operations in navigable waters and nancial criteria:federal state,regional.and local planning
wetlands.The Federal Rood Insurance Program establistr information;local political climate development costs;the
as minimum elevations for potential flood areas.Other clients objectives:and site opportunities and constraints
state,regional,and local authorities also may oversee the as developed in the synthesis of environmental site deter-
protection of air and water quality and other environmen- minants.Balancing thevarious determinants will lead to an
tal issues. appropriate approach to site development Consider dwell-
CLJENT INPUT
ing unit type,density,marketing.time phasing,and similar
LOCAL PLANNING INFORMATION criteria,aswellas graphic studies of the site,to finalize the
program.Develop dear graphic representations of design
The planner must collect local planning information.Per- concepts to present to the cfientand others who may have
LITERATURE REVEW sonai contact with planning and zoning agencies of jurif input to the process If the project cannot be accomplished
diction is important in order to comprehend local criteria. underthe existing zoning or public works requirements•to-
Following is a list of information to review. questing a regulatory change becomes a part of the pro-
gram.
PLANNING DOCUMENTS
m �a�T ALTERNATIVE PLAN PREPARATION
Many communities have adopted comprehensive plans
r Once the program has been accepted by the client devel-
G that indicate the particular land use and intensity of the op several design solutions to meet the program objeo-
sae.In addition, information on the availability and/or
Z REGIONAL STATE AMID fives When an alternative has been accepted.develop it
< FEDERAL PLANNING phasing of public services and utilities,environmental cri- into the preliminary plan.This plan should be relatively de-
0 teria,traffic planning,and population trends can be found
Z tailed, showing all spatial relationships, infrastructure,
Q in most comprehensive plans Some communities require landscaping-and other relevant information.
i that rezoning meet the criteria provided in their compre-
Wit-A hens ve plan: PUBLIC REVIEW
In addition to the comprehensive plan,communities may A zoning change requires public review.Some communl-
En
Li also adopt neighborhood or area plans that refine the com- ties require substantial data,such as impact statements
SITE ANALYSIS prehensive plan as it relates to a particular local@.Many of and other narrative and graphic exhibits,while others may
these studies stipulate specific zoning categories for indr require only an application for the zoning change.Local re-
vidual parcels of land. quirements for changes can be complex,and it is impera-
live that the planner and the clients attomey are familiar
CLETff PROGRAM URBAN DESIGN PLANS with local criteria.
INPUT DEVELOPMENT
Some communities have adopted urban design plans for FINAL DESIGN PLANS
creating a harmonious physical environment These docu- At this stage,the preliminary plans are refined into final site
ments may range from conceptual to those that incorpo- development plans that include fully dimensioned draw-
CLIENT ALTEF44ATIVE AND rate specific requirements Some provide bonuses in land ings•landscape plans,and site details Final development
Z INPUT PRELMtNARY PLAN use intensities for incorporating urban amenities such as plans also indude drawings prepared by the engineer or
DEvdOPMEMT plazas and squares There may also be criteria for retrofit- surveyor,such as legal plats and utilities,street and drain-
ting existing areas,a critical need in American cities where age plans Upon approval.final design plans are recorded
a substantial amount of urban area is deteriorated or devel- in the public records in the form of plats Homeowner asso-
oped incoherently. ciation agreements, deed restrictions• and similar legal
PUBLIC REVIEW documents must also be recorded-and they become bind-
ZONING ing on all owners and successive owners.unless changed
legally.Bonding may be required for infrastructure and oth-
Land zoning prescribes the intensity and type of land use or public facilities.In some instances,the planner may de-
FINAL
s
FIN,+L DESbGN PLANS allowed A zoning change is required if the planned project velop specific design standards for the total buildout of the
oZ differs.Regulations often need to be modified to allow project
F good community design. Common examples of regula-
F tans discouraging good urban form include excessive set-
PERMITS backs and restricted mixed-use development
PUBLIC WORKS STANDARDS
Local public works criteria significantly affect the design of
EVALUAT10tJ large saes.Roadway layout cross sections,and drainage
ate typical requirements.Excessive roadway standards de-
signed for automobile convenience,with little regard for
TOWN PLANNING PROCESS
i
Gary Greenan.Andres Duanv,Elizabeth Plater-Zyberk-Kemal Zaharin.Iskandar Shafie:Miami,Florida
SITE. COMMUNITY. AND URBAN PLANNING
76 Environmental Site Analysis
ENVIRONMENTAL CONSIDERATIONS
t.Air movement Prevailing breezes characteristic of a re-
gion may be greatly modified by urban high-rise strut
F�CISTPrG SWGIEfAMILY OID CUTLER RDAD tures.Predominant air movement patterns in a city may
RESOE31MAL DEVELOPMENT ! ELEMENTARY / be along roadways and between buildings-The plat
SCHOOL SITE II/ ment,shape.and height of existing buildings can crea
263015. air turbulence caused by micro air movement patterns.
These patterns may influence the location of building el-
5 60
FLOODZOPE \ q5,�-- --Sj_ ----- ---J--- - ------•• ements such as outdoor areas and balconies.Also,s
\k\ 5139-4 -30E i 80'RW.
f3iip HABITAT /1 i \ 40'OFPAVEMENT building's design and placement can mitigate or in-
�TAb / \ 1 PROVIDE PEDESTRIAN• LEVELOF crease local wind turbulence.
45� \\ �� ��/ INKA L(
45< 2.Sun and shadow patterns:The sun and shadow patterns
Os!♦ I LARGE ASPHALTROAD of existing structures should los studied to determine
NM52 6.00sE~ \•Q�NA � �C�Op' � ---�,• voo\\ how they would affect the proposed building.This is Par-
S*__ ` POSS,USE IN GOOD ACCESS ' titularly important for outdoor terraces and balconies
J /
DEVELOPMENT-- -POI`IT-IQS�TE _:a 3010.70 where sunlight may be desirable.Sun and shadow t
SHADOW �\ S29-43-OOE 'g Y W-
.� FT20MDENSE _ tems also should be considered as sources of internal
VEGETATION- 12-WATER MANAND% heat gain or loss.Building orientation,window saes.and
_ ~_`__�-�IfY SEWERLNEN `\
/ RO.WACAPACITY ACCESSTO shading devices can modify internal heat gain or loss.
60 C1EARIN , /� AREA EXPOSED TO-\ ADEOUATD `1SNGtEfAI.LY Studies should include daily and seasonal patterns and
RESIDENTIAL
ECTEDAL AS i SN�Wro r„,l \ -� DEVELOA.4TfT the shadows the proposed budding would cast on exist-
It220.IT� 1 rfil0 (360.8"WESST�- 1 ing buildings and open spaces
r / i .8S
PIPE ' y 1 \ 3.Reflections:Reflections from adjacent structures such
�+} 9U� �/ 1 ,1 \� ••\• as glass-clad buildings may be a problem.The new build-
:65 / i80 MARK r i / I� 1 •\ ing should be designed to compensate for such glare or,
ELEV. I V \
W / I 3 93.17 pW r 11 1 1 \ if possible,oriented away from it
per✓ 1 1111\ 1 ••\ URBAN CONTEXTUAL ANALYSIS
' --------L- ! o 1
7 [M207.42 N`WOODEDAREA 1` \� 1.Building typology and hierarchy.An analysis of the par-
O Has-40-37W O O MXEDHARDW '�I 1\ \ 1 titular budding type(residential commercial,public)rel-
Z RETAIN TREES AS SUFFER to Z >=`_ ( ! _\ _ _ _-� ative to the hierarchy of the various budding types in the
ACCESSREQUIRED 00 80 75 7064 70 90 2440.30" city is useful in deciding the general design approach of
TOlINDEVELOPEDSITtr RETAIN TREES ASBUFFER N89-43-30W a new building.For'example,public buildings may be
229AGAC AREA OF CLAY SOLS dominant in placement and design, while residential
DISTANT V[F\N OVER MJGETRACT 0.8GH Sl- b -SWELL buildings are subdominant.h is important to maintain
POTENTIAU
REGIONAL PARK (UNDEVELOPED) any existing hierarchy that reinforces visual order in the
DEVELOP VIEW AS MAJOR city. Any predominant architectural solutions and do-
FOCAL PONT PRE\/AllllC' tails characteristic of a building type incorporated in the
EIREEZE
new building's design can help maintain a recognizable
building type.
TOPOGRAPHICAL SURVEY 2.Regional character.An analysis of the city's regional ar-
chitectural characteristics is appropriate in developing a
SURVEY DATA design solution that responds to unique regional charac-
teristics. Regional characteristics may be revealed
The first step in any site analysis is the gathering of physical gles during different seasons;prevailing breezes;wind through unique architectural types,through vemacut
site data.An aerial photograph and an accurate survey shadows;frost pockets;and sectors where high or low building resulting from local climatic and cultural c
showing the following information are basic to any site points give protection from sun and wind acteristics,and from historically significant architect
analysis process: 3. Solar energy considerations if solar energy appears
Historic structures should be saved by modifying the..
1.Scale.north arrow,benchmark,and date of survey feasible,a detailed climatic analysis must be undertak- for the proposed new use or by incorporating parts of ►
2.Tract boundary lines en considering(actors such as detailed sun charts:daF the existing structure(s)into the proposed design.
3.Easements:location,width,and purpose fy averages of sunlight and cloud cover, daily rain 3-City form:The delineation of city form created by road
4.Names and locations of existing road rightsolwayonor averages;areas exposed to the sun at different sea- layout location of major open spaces,and architecture-
adjacent to the tract,including bridges,curbs,gutters, sone solar radiation patterns; and temperature pat- created forms should be analyzed Elements that delin-
and culverts tems eats city form should be reinforced by architectural de-
5.Position of buildings and other strictures such as foun- 4. Potential flood ones and routes of surface water velopment solutionsfor a particular placewithin the city.
dations,walls,fences.steps,and paved areas runoff For example, a building proposed for a comer site
6.Utilities on or adjacent to the tract--location of gas lines, 5. Possible road access to the site,including potential should he designed to reinforce the comer through
firs hydrants,electric and telephone poles,and street conflicts with existing road systems and carrying ca- building form,entrance,and design details.A building
fights and direction.distance to,and size of nearest wa- pacities of adjacent roadways(usually available from proposed for midblodt may be a visually unifying ele-
ter mains and sewers and invert elevation of sewers local or state road departments) ment providing connection and oontinuitywith adjacent
7.Location of swamps,springy streams,bodies of water, 6. Natural areas that from an ecological and aesthetic buildings.Sites at the ends of important vistas or adja-
drainage ditches.watershed areas.flood plains,and oth- standpoint should be saved all tree masses with name cent to major city squares probably should be reserved
er physical features and condition of Vee species and understory planting for important public buildings.
8.Outline of wooded areas with names and condition of 7. Significant wildlife habitats that would be affected by 4.Building scale and fenestration:It is important to analyze
plant material site modification building scale and fenestration of nearby structures.Re-
9.Contour intervals of 2 to 5 it depending on slope gradF 8.Sod conditions relative to supporting plant material.ar- flecbing.although not necessarily reproducing.such do-
ents-and spot elevations at breaks in grade,along drain- eas suitable for construction,erosion potential. and tailing in the proposed building can provide visual unity
age channels or sweles. and at selected points as septic tanks.it relevant and continuity in the architectural character of the city.
needed 9.Geological considerations relative to supporting strut One example is the use and placement of comics lines
tures to define the building's lower floors in relation to adja-
Considerab{e additional information may be needed,de- 10.Exceptional views:objectionable views(use onsite cent buildings Comice lines also can define the budd-
pending on design considerstions and site complexities photographs) ing's relationship to pedestrians in terms of scale and
such as soil information and studies of the geological atruo- use.
tura of the site.Federal regulations for wetland mapping 1 1.Adjacent existing and proposed land uses with nota-
g PPi A 5.Building transition:Sometimes it may be appropriate to
and conservation may also be relevant tions on compatibility and incompatibility use arcades and porches to provide transition between
SITE ANALYSIS 12-Potential noise sources.particularly noise generated the building's private interior andthepubliicsidewalk.In-
SUBURBANIrom traffic that can be mitigated by using plants.berm- cluding them may be especially worthy if adjacent build-
The site analysis is a major responsibility of the site plan- ing.and waits and by extending the distance between
nor.The physical analysis of the site is developed primarily the source and the receiver ings have these elements
from field inspections Using the survey,the aerial photo- 6.Views:Important city views of plazas.squarer monu-
graph,and,where warranted infrared aerial photograph% URBAN SITE ANALYSIS Montt and natural features such as waterfronts and
the site designer,working in the field and in the office.ver- parks should be considered it is important to design the
ifies the survey and notes site design determinants These Although much of the information presented for suburban proposed structure to enhance and preserve such views
should include,but not be limited to,the following: sites may apply equally to urban sites.additional site de- fav the public and for inhabitants of nearby buildings,as
sign criteria may be necessery.The urban environment has vvetl as incorporating rstin them as views from the proposed
1.Areas of steep and moderate slopes numerous design determinants in the form of existing
2.Macro-and microclimatic conditions including sun an- structures.city pattems-and microchmatic conditooM1t building_
Gary Greenan.Andres Duany,Elizabeth Plater-Zyberk-Kamal Zaharin,Iskandar Shafie,Rafael Diaz:Miami,Florida
II RITE C OMMIINITY AND ARRAN PIANNIN(,-
Environmental Site Analysis 77
0-5% 10-15% SANDYLOAM ORGANIC
® 5-10% ® SILTY CLAY LOAM
LAKE LAKE
SLOPE SOILS
D GROSCAWTH D MATURE ANDC.OASTAALLMARRSH�O MINMALiMPLIC
- MODFIED ATIONS
(ALONG LAKE EDGES) ® 1
Mem HARDwoot}
YOUNG
. SEVERE IMPLICATIONS
IF MODIFIED
Jun,
LAKE
�D
LAKE LAKE
VEGETATION COMPOSITE
ENVIRONMENTAL SITE ANALYSIS 1.SLOPE:The slope analysis is developed on the contour method of environmental analysis is easily adaptable to
PROCESS map:consideration should include the percentage of the CAD(computer-aided drafting)system.Commercial
H a site has numerous environmental design determinants, slope and orientation of slope relative to the infrastruc- drafting programs suitable for the overlay approach are
the site planner may analyze each environmental system tura and land uses readily available.Simplified,the method is as follows:
2.S PATTERNS:Consideration may include the analy-
individually in order to comprehend the environmental � 1.A map,such as a soil map,is positioned on the digitizer
siso soils by erosion potential compressibilityandpias
character of the site more dearly.This can it a complex ticity,capability of supporting plant growth,drainage and the information is transferred to the processor
process,and a site planner/lanntal analysis scapehout architect with ex- capabilities, possible sources of pollution or toxic through the use of the stylus.One major advantage to
ordperinate
a environmental analysis should be retained to co- wastes,septic tank location(if relevant),and the pro- the use of a computer is that the scale of the map being
ordinate such an effort
posed land uses and thew infrastructure. recorded will be transferred to the selected scale by the
By preparing each analysis on transparencies. the site 3.VEGETATION:Consideration of indigenous species(val- processor.A hatched pattem is selected with a less
planner can use the overlay approach.Values are assigned ues of each in terms of the environmental system)in- dense panem for soil types that wouldhave minimal in-
to each sheet based on impact,ranging from areas of the cludes size and condition, the succession of growth fluence andmore dense patterns for soil types more set,
site where change would have minimal effect to areas toward climax conditions,uniqueness,the ability of cer- sitive to change.Once this information is programmed
where change would result in severe disruption of the site. rain species to tolerate construction activities-aesthetic into the computer,it is stored
In essence,the separate sheets become abstractions with values,and density of undergrowth.
values assigned by the site planner and associated profes• 4.WILDLIFE: Consideration of indigenous species in 2.The same process is repeated for development of the
sionals.Aseachsheetissuperimposedacompositedevel- cludes their movement patterns,the degree of change next overlay,for example.vegetation.Once again any
ops that when completed constitutes the synthesis of the each species can tolerate,and feeding and breeding ar- scale map may be used.This process is repeated until all
environmental design determinants.Lighter tones indicate eas. overlays have been stored At any time one or all over-
areas where modification would have minimal influence, 5.GEOLOGY: Consideration of underlying rock masses lays can be produced on the screen.
darker tones indicate areas more sensitive to change.The studies the depth of different rock layers and the suitabil- 3.The individual overlays or any combination of overlays
sketches shown simulate the overlay process The site ity of different geological formations in terms of poter, can be drawn on myler with a potter.H appropriate for
planner may give greater or lesserweight to certain param- tial infrastructure and bung. the particular ane p
eters depending on the particular situation.In assigning 6.SURFACE AND SUBSURFACE WATER:Consideration Pa lysis,the lotter will draw in color.The
values that help determine the site design process,the site of natural drainage pattems covers aquifer recharge ar- resulting overlay sheets take considerably less time than
planner should consider such factors as the value of main- eas,erosion potential and flood plains, by hand and may be more accurate.Other benefits are
tainmg the functioning of the individual site systems,the 7.CLIMATE Consideration of microclimatic conditions in- that the site can be studied directly on the computer
uniqueness of the specific site features,and the cost of cludes prevailing breezes(at different times of the yearl screen and any part of the overlay can be enlarged for
modifying the site plan. wind shadows,frost pockets,and air drainage patterns. greater detail
flowing is a list of the environmental design detennF COMPUTER APPLICATION 4.The oveda
)ts that dependingon the y process can be recorded n videotape or by
particular site,may be consid• The above process a labor intensive when developed by slides from the screen for use in presentations.
ad and included in an overlay format hand on individual sheets of mylar however,this particular
Gary Greenan,Andres Duany,Elizabeth Ptater-Zyberk.Kernel Zaharin,Iskandar Shafie.Rafael Diaz;Miami,Florida
SITE. COMMUNITY, AND URBAN PLANNING
78 Rural Village Design
SITE ANALYSIS MAP r---------- -------
Locate natural,cultural,and scenic features first These in- I WOODLAND
cluds many buildable areas,such ad farm fields,pastures.
meadows.and mature woodland;special features,such as
stone walls,springhouses,cellar hobs,and views into and I
out of the site;and un buildable areas,such as steep slopes,
wetlands,springs,streams,and ice ponds.
MEADOW
CONVENTIONAL LAYOUT OR 'YIELD SMTEEP ITEIY \
PLAN' SLOPE SPRING
Sketch an unimaginative but legally correct conventional HO:JSE FELDS
layout to demonstrate the density that could realistically v w W ! -
be achieved on the site and,by comparison,to show local _--_`=
officials and abutters how different a rural village approach ui
is.The sketch here shows how,under 1.5-acre zoning,a MARS9', rad BROOK
520-sae site would ordinarily be chackerboarded into �r
300 lots.each with a required minimum area of 60,000 sq
ft.leaving no open space whatsoever.
LAKE
VILLAGE PLAN `- WOODLAND PASTURE
Designing the development as a traditional village,with
lots ranging from 6000 sq ft to 1 arn,achieves slightly
greater density on less than one-quarter of the land and SITE ANALYSIS MAP
preserves nearly 400 acre:This layout is based closely on
the site analysis mop,with the village located to avoid dis-
turbing the woodlands that provide the only natural habitat
ieturbingthewoodlandsthatprovidetheonlynaturalhabitat r-' — - -
in this largely agricultural community.The most special
site features are protected by designing around them. 1
Wine'conservancy lots,'varying in area from 20 to 60
acres,are limited to one principal dwelling plus two acces-
sory units.This assures significant open space around the D
perimeter of this 3004ot village.Permanent oonservation
easements protect these lands from further subdivision
and preserve the 150 acres of undivided open space and
its trail system,which connects the old springhouse to the
Lakeshore and leads back to the schoolyard.This open
space could be owned by the village government a local ( /`
land trust or a homeowner association(with automatic
membership and authority to place Gens on properties of _
members who fad to pay their dues).Rural views outward
from three village streets have also been preserved,with
open countryside terminating their vistas.Terminated vis-
tas are also provided by three large public or semipublic
buildings(churches,libraries,etc)positioned at the ends LAKE
of several streets
CONVENTIONAL LAYOUT J
)S
---------------i ---C- —Q — —�
TRAL
.'WooDLArD
MANAGEMENT —
r AREA
Slit-a C-7 \'
F==
`.
HILLSIDE
1 I 'I.;, dam C� TRAM. - ,e' cC-6WOOOL ND,`/ PASTURE
T /
MARSH SPRING ` C-2 i
` d HOUSE
gni \
BROOK C-9
NORTH
LAKE `
`� PRESERVED
,(C�__------ ``\ WOOWOODLANDFIELDSDS
�Mr
MANAGEMEhrl
AREA
lei - - - - - C-3 \ -\- ---—-—C�
RURAL VILLAGE DESIGN
Randall Arendt MRM Natural Lands Trust Media,Pennsylvania
Gary Greenan,Andres Duany,Elizabeth Plater-Zyberk Kemal Zaharin,Iskandar Shafie:Miami,Florida
SITE. COMMUNITY. AND URBAN PLANNING
Elements of Urbanism 79
THE NEIGHBORHOOD,THE DISTRICT, es.the edge is usually defined by land designated for cuI- THE DISTRICT
AND THE CORRIDOR ovation or conservation of its natural state. In urban The district is an urbanized area that is functional)
areas,the ed is often defined rail lines and boule• Y special
The fundamental elements of urbanism are the neighbor- edge by ized.Although districts preclude the full range of activities
hood,the district and the corridor.Neighborhoods are ur- vards.which best remain outside the neighborhood of a neighborhood they are not the single-activity zones of
banized areas with a full and balanced range of human 2.The neighborhood has a balanced mix of activities: suburbia. Rather, multiple activities support its primary
activity.Districts are urbanized areas organized around s shops,work school. recreation, and dwellings of all identity.Typically complex examples are theater districts•
predominant activity.Neighborhoods and districts are con- tcapital areas.and college campuses_ Other districts ao-
necied and isolated by corridors of transportation or open con- types.This is particularly useful for young,old,and lour commodate large-scale transportation or manufacturing
space. income populations who,in an automobile-based envf uses,such as airports,container terminals,and refineries.
ronment.depend on others for mobility.
Neighborhoods,districts,and corridors are complex urban The neighborhood provides housing for residents with a The structure of the district parallels that of the neighbor-
elements.Suburbia,in contrast is the result of simplistic variety of incomes.Affordable housing types include hood An identifiable focus encourages orientation and
zoning concepts that separate activities into residential bac and a identity.Clear boundaries facilitate the formation of special
subdivisions, shopping centers• office parks, and open �' partments, apartments above shops, and taxing or management organizations.As in the neighbor-
space. apartment buildings adjacent to workplaces. hood.the character of the public spaces creates a comma•
3.The optimal size of a neighborhood is'/,mile from cen- nity of usem even if they reside elsewhere.Interconnected
THE NEIGHBORHOOD ter to edge,a distance equal to a five-minute walk at an circulation encourages pedestrians•supports transitviabiF
y pace.hlimited mited area gathers the population within ity,and ensures security.Districts benefit from transit sys-
Cities and towns are made up of multiple neighborhoods. tams and should be located within the regional network
A neighborhood isolated in the landscape is a village.
walking distance of many of its daily needs
The location of a transit stop within walking distance of THE CORRIDOR
The nomenclature may vary,but there is general agree- most homes increases the likelihood of its use.Transit-
ment regarding the physical composition of a neighbor- oriented neighborhoods create a regional networkof vil- The condor is the connector and the separator of neigh-
hood. The neighborhood unit of the 1929 New Yorkborhoods and districts.Corridors include natural and tact,
[ages•towns,and cities accessible to a population un- nical corn nents ran in from wildlife trails to rail lines.
Regional Plan,the quarveidentified r ideed by Leon Krier,tradf p° p g
tonal neighborhood design(TNDL and transit-oriented de-
velopment
o- able to rely on cars.Such a system can provide the major The corridor is not the haphazardly residual space remain-
velo ment(TOD)share similar artributes.The cultural and social institutions,variety of shopping,and in outside subdivisions and shopping p population, g Aping centers in suburbia.
configuration.and scale may vary,but all of these models broad job base that can only be supported by the larger It is a civic element characterized by its visible continuity
propose the following: population of an aggregation of neighborhoods. and bounded by neighborhoods and districts,to which it
4.The neighborhood consists of blocks on a network of provides entry.
1.The neighborhood has a center and an edge.This coir- small thoroughfares.Streets are laid out to create blocks
binaoThe transportation corridors trajectory is determined by its
on of a focus and a limit contributes to the social of appropriate building sites and to shorten pedestrian intensity.Heavy rail corridors should remain tangent to
identity of the community.The center is a necessity,the routes.An interconnecting street pattern provides multi towns and enter only the industrial districts of cities.Light
edge less so. The center is always a public space-a pie routes,diffusing traffic.This pattern keeps local traf- rail and trolley corridors may occur as boulevards at the
square,a green,or an important street intersection-Io- fic off regional roads and through traffic off local streets. edges of neighborhoods.As such,they are detailed for pe-
ceted near the center of the urbanized area,unless corn- Neighborhood streets of varying types are detailed to destrian use and to accommodate building sites.Bus corri-
palled by geography to be elsewhere. Eccentric provide equitably for pedestrian comfort and automdors m�pass into neighborhood o- W boyhood centers on conventional
locations are justified by a shoreline,a transportation streets.The corridor may also be a continuous parkway,
corridor,ora promontory bile movement Slowing the automobile and inaea sing proving long-distance walking and bicycling trails and
pr cry with•compelling view' pedestrian activityencourage the casual meet
len s that
The center is the locus of the neighborhood's public 6 g natural habitat
loan the bonds of community.
buildings.Shops and workplaces are usually here,espe- Green corridors can be formed the systematic
tial in s trill a In the r S.The neighborhood gives priority to public space and to by ys emetic accretion
N sig aggregations of neighborhoods appropriate location of civic buildings Public spaces of recreational open spaces,such as parks.schoolyards,
that create towns and cities•retail buildings and work- and golf courses.These continuous spaces can be part of a
places are chem at the edge,where they can combine and public buildings enhance community identity and larger network connecting urban open space with rural
foster civic pride.The neighborhood plan creates a hier- surroundin s
with others to draw customers_ g
The edges of a neighborhood vary in character.In vi[lag- Archy of useful public spaces:a formal square,an infor-
mal park,and many playgrounds
AREA:PREFERABLE 160 ACRES ''AREA PREFERABLE 160 ' ' AUTOMOTIVE ••' klGt!!'t!�1Y;';.:;.�.
TO HOUSE ENOUGH PEOPLE TO :.'ACRES TO HOUSE ENOUGH{::COMMERCIAL =
SUIPPORTONEE.ElvIENTARY SITE RESERVED
.'PEOPLE TO REQUIRE ONE .ALONG FiGFiWAY � .•
SCHOOL ROADSCOtWECT :F1Fh 7f7ARY,SCf7om- QN RYICERO :t... Al.:
,a.�..
WHERE POSSIBLE\�FOR CIVIC C •• .r .i .i .i• :f
PREFERABLE SHAPE \ , :.PREFERABLE SHAPE:
ALL SIDES FAFHLY EQUIDISTANT \�// '.DETER1dNED BY
FROM THE C1TrSER
•
".GONDft; V.
RADIUS'/.MRF `•.:••�J:� .r
5MN WAIJ< .� :���w�Ktl�€•.:z :
SHORTFACEOF •.
BLOCKS AL ] •• ^ •r
BOULEVARD IC •'s• •• •;s. •• � (//j/``l
�I >` .••• A1GHT STREETS
AT
ONLY NOGHEIORHOOMREI'AL CENTER
SHOPS AND INSTITUTIONS,
1 :;i.•' / ALONGHICiiNWAY
ATT7-ECQ•fUFR— TRAN517i T COUNTRY
S STOPS ^ ® CLUB
ONLY UT)ONS •?
WORKSHOPS ANSTfTUTKNV$ •••fyy���+
ND OFAA Lx- FICES
A PLAY RDI .• AT
THE�� F
EACH DR/1NT
•a•:C� V
•j•
MgUEDUSE. •f - \
C / MAY
BY
LOCATED:SCHOOL '�• A CIJIiVEMORE ..
SO AS TO BE� TRIGT I GREEN
mBY SHOPPINGSHOPPING •.i.•:••:•:•;��•:.•%';a.. •�. EDGE � '
DJARCEM
f OOD XENTERS A SChI00L AHD 4:r••
Hfa?I litAFFIC :PLAYING FIELDS
INTERSECTIONS •NTHEPARKRK 4':. •w, :FORCML' l�'
BOULEVARD PARKING CORRIDOR PARKNG LOT .: ::.::�'•'::.:'. ••:::.::••.:,=
ALONGBOULEVARDS DESIGNEDASPLAZAMEEN
:� i r•
AN URBAN NEIGHBORHOOD(PART OF A TOWN) A RURAL NEIGHBORHOOD(A VILLAGE)
Gary Greenan,Andres Duany,Elizabeth Plater-Zyberk Kamal Zaharin_Iskandar Shelia.Miami,Florida
The Cintes Foundation
SITE. COMMUNITY. AND URBAN PLANNING
80 Regional Types a
GENERAL
In its short history as a discipline,regional planning has
generated a substantial number of models,usually pre-
sented as diagrams.Redrawing the main types in a stan-
dard graphic form reduces options to a few fundamental
models.Most regional plans are hybrids of these few.
Most cities expand through incremental decisions,not by
following clear regional plans.But even when followed
closely,such plans tend to be implemented in distorted
forth,due to pressures from natural and manmade oondt
tans.The diagrams of each planning model to the right ere
accompanied by examples of their application to actual
places.
GARDEN CITY NEIGHBORHOODS,
TOWNS AND VILLAGES
This is the ancient natural pattern.A clearly defined core
city,composed of neighborhoods,is surrounded by towns
and villages that are separated by open landscape.Ideally,
each element is relatively self-sufficient This historical pat-
tern has been overwhelmed as mechanical transportation
has permitted thecity to absorb the surrounding land-
se -
scape and to eraits neighborhood structure.
A rationsfaation of this pattern.designating fixed preen
bells and creating independent new towns(garden cities),
was proposed by Howard,and restructuring the core city
into self-contained neighborhoods was proposed by
Saarinen and Perry.
The garden city has been the underlying concept for subur- MADISON 1993 TOWNS AND VILLAGES
ban growth,although its current form is unrecognizably
degenerated With the late arrival of the office park into the
residential/retail suburb. the functional elements of the
city are now available in the suburb,and the core city has
lost its importance. As conceptualized by Fishman and
Garresu,this regional pattern is no longer centroidal.The
automobile is able to move equally in all diregons,al-
though it tends to reinforce major xntorseetion s.These in-
tensified
ntensified points support commercial development around
which residential areas cluster.
This automot-le model can be made pedestrian-oriented
by traditional neighborhood development(TND),which re-
configures the activities of the shopping center, office
park and housing subdivision into the form of towns and
villages. Of the three models described this is the one
most influenced by market conditions.
LINEAR CITY
The linear city evolved with the advent of the streetcar.
Moving along defined axes, the streetcar extended the
boundaries of the centroidal city,creating corridors whose
width was limited by the walking distance to the tracks.
The arrival of the automobile,with its ability to go any-
where,destroyed the disciplined edges of the corridom
creating undifferentiated sprawl
The remedial model(corridors and wedges)was conceptu-
alized by Olmsted and MscKsye.Through legislation,the
urban fabric is channeled along the transportation axes
while wedges of open landscape are preserved between
these corridors. The wedges are ideally continuous,
formed by an irregular agglomeration of valuable natural BALTIMORE 1950 LINEAR CITY
features.This is the model most influenced by ecological
concams.
TRANSIT-ORIENTED DESIGN
This parom emerged naturally with the advent of the rail-
road-Moving along a single axis like the streetcar,but un-
able to stop as frequently,the railroad creates nodal points
of commercial development with residential settlement
around them The advent of the automobile permitted the
expansion of these settlements beyond any limit,consum-
ing the landscape.
This model was rationalized and modernized by Cahhorps
and Kelhough as transit-oriented design(TOO).The TOD
creates nodes at intervals most efficient for rag transporta-
tion-These mixed-use was s,limited in sae by walking dig-
lance.are usually surrounded by a residential hinterland
connected to the rag system by feeder bus.The commer-
cial uses and other businesses st the nodes may not offer
all the services that would make the area setf-sufficient
(i.e_a town or neighborhood).However,together,several
areas linked by rag may be self-sufficient This is the model
most influenced by the requirements of transportation.
PORTLAND 2020 TRANSIT-ORIENTED DESIGN
Gary Greenan,Andres Duany,Elizabeth Plater-Zyberk Kamal Zaharin,Iskandar Shafts,Rafael Diaz:Miami,Florida
The Cintas Foundation
SITE. COMMUNITY. AND URBAN PLANNING
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84 Open Space Types II
MARKET PLAZA
Plazas are public spaces that are primarily paved rather
than preen.They can sustain very intense use by crowds
and even by vehicles.Parking lots should be designed as
P
lazas that happen to have can on them,rather than as sir,
qle-purpose areas_A smaller shopping center can be trans-
formed into a town center if it has been designed so it can
be seamlessly attached to the block system and detailed as ( 1
a plaza. �Q
CIVIC PLAZA 9 —"
Civic buildings are often no larger than the private ones
that surround them,and their legibility as more important
buildings cannot depend solely on architectural expres
sion,Their setting within the block system must communi-
cate their elevated status. Sites on squares or at the ell
terminations of avenues are ideal but not always available.
Thus the most dependable technique is to organize and de-
tail the perking areas of civic buildings as plazas.
GREEN • • • • • •
The preen is an urban,naturalistic open space.Like the
square,it is small,civic.and surrounded by buildings.Un-
like the square,it is informally planted and may have an ir-
regular topography.Greens are usually landscaped with
trees at the edges and sunny towns at the center.Greens MARKET PLAZA CIVIC PLAZA
should contain no structures other than benches.pavil-
ions.and memorials;paths are optional
PARK
Parks are naturalistic open spaces•like greens,but larger
and less tended.They are most successful when created
from virgin woodland.Parks have grassy areas only period-
ically.A knoll or a pond can be used as an important orga-
nizing feature.Perks exist within the urban fabric of large p�
cities•but their inherent size usually puts them at the edges
of towns and villages_Parks may be edged by public drives
or by houses on very largo lets,as long as connections to
public paths occur at*very block
BUFFER
The buffer has the basic elements of a green,with the add-
ed purpose of buffering the impact of traffic from a high- O
way or boulevard Shown is a small let development aj
fronting a green.On the opposite side are larger lots on
which houses are placed further back from the roadway O
edge as another buffer technique.
I�
GREEN
0
-
O� ® ® : . . . . . . . . . . . . . . . . . :
000 ' . IqEqEmE41 PPCOPP
0 o og
PARK BUFFER
Gary Greenan.Andres Duany.Elizabeth Plater-Zyberk Kamal Zahann,Iskandar Shafie:Miami.Florida
The Cintas Foundation
SITE. COMMUNITY. AND URBAN PLANNING
Building Types 85
GENERAL
The traditional increment forplatting lots in North America
�s been the 604t width.Thios subdivision dimension was
icient for many years, creating 25-ft rowhouse and
opfront lots,es well as 50-.75-,and 1004t lots suitable
for houses.However,the advent of the automobile added
a set of dimensional constraints that required new platting .
standards.The 50-ft width is wasteful,since the basic in-
crement of efficient parking is the double row at 64 R
The 64-4t increment when divided by four,provides the ab-
solute minimum rowhouse lot of 16 ft,which allows one
car to be parked with additional room for pedestrian pas-
sage.
assage.The minimum side yard lot is 32 ft The minimum pe-
rimeter yard lot is 48 ft The 64-ft lot efficiently provides for
the high parking requirement of shopfronts,apartments.
and off'"buildings.
The platting module of 16 ft corresponds to the traditional
measure of the rod.platting in rods.without knowing what
building types will occupy the lots,maintains flexibility and A ■ C D
ensures maximum density through parking efficiency. 4ROOS 31`19M 2RDpr' 2RODS
Four building types accommodate the common resider- COURTYARD BUILDING
tial,retail,and workplace uses of urban life.Some build-
ings, however, cannot be categorized typologically.
Buildings dedicated to manufacturing and transportation
may be distorted by large-scale mechanical trajectories.
Civic buildings.which must express the aspirations of the
institutions they embody,should also be exempt from the
discipline of type.
COURTYARD BUILDING
This type of building occupies all or most of the edges of its
lot and defines one or more private spaces internally.This
is the most urban of types as it is able to completely shield
the private realm from the public realm.It is common in hot
climates,but its attributes are useful everywhere.Because
of its ability to accommodate incompatible activities in
close proximity,it is recommended for workshops,hotels,
and schools.The high security the boundary provides is
useful for recolonizing crimeprone urban cores
SIDE YARD BUILDING I r r
This type of building occupies one side of the lot with the A ■ C D
primary open space on the other side.The view of the side 3RODS 3RODS 2RODS 2 RODS
yard on the street front makes this building type appear SIDE YARD BUILDING
•estanding, so it may be interspersed with perimeter
f buildings in less urban locations.If the adjacent build-
s also s side yard type with a blank parry wall,the open
,ace can be quite private This type permits systematiccli-
matic orientation,with the long side yard elevation facing
the sun or the breeze. I C 911 M a
REAR YARD BUILDING
This type of building occupies the front of its lot full width.
leaving the rear portion as s private space.This is a rela-
tively urban type appropriate for neighborhood and town
centers.The building facade defines the edge of the public
space,while the rear elevation may reflect different func-
tional
unstonal purposes.In its residential form,this type is repre-
sented by the rowhouse with a rear garden and
outbuilding.In its commercial form,the depth of the rear
yard can contain substantial parking for retail and office
uses-
PERIMETER YARD BUILDING
This building stands free on its lot with substantial front A ■ C D
and rear yards and smaller side yards.It is the least urban
of the types.so i1 is usually assigned to areas away from 4�S 2RODS t.$ROOS I ROD
neighborhood and town centers This building type is usu- REAR YARD BUILDING
ally residential,but when parking is contained within the '
rear yard it lends itself to limited office and boarding uses.
The rear yard can be secured for privacy by fences and a
well-placed outbuilding.The front yard is intended to be
semipublic and visually continuous with the yards of neigh-
bors.The illusion of continuity is usually degraded when
garage fronts are aligned with the facades,as cars seldom
pull in beyond the driveway. To avoid a landscape of
perked cart garages should be set back a minimum of one
cars length from the facade or entered sideways through
s walled forecourt
PA r
A ■ C D
4ROOS 3RODS 3RODS 3RODS
PERIMETER YARD BUILDING
Gary Greenan,Andres Duany,Elizabeth Plater-Zyberk Kamal Zaharin.Iskandar Shafie.Miami,Florida
The Cintas Foundation
SITE, COMMUNITY, AND URBAN PLANNING
t
86 Spatial Definition
GENERAL
Building deOnestes Public space in an urban setting.Suc- —————— --————c——————
cessful spatial definition is achieved when bounding build-
ings ♦ ♦ I \ F\—————
are aligned in a disciplined manner and the defined ♦ \ I ♦ I \
space does not exceed a certain heigh"owidth ratio_ ♦\ \\ I \\ I ♦\
Alignment occurs when building facades cooperate to de- \ I \ 1 \
lineal*the public space,as wells form a room.Urban build- \\ \\ I ♦♦ I \\
ing articulation takes place primarily in the vertical plane or
facade.N appendages such as porches,balconies,bay win-
♦/ y ♦I
down,and loggias do not obliterate the primary surface of
the facade.they do not destroy afignmenL
RATIO 1:1 RATIO 1:3
The heightiovAdth rata of the spay generates spatial en-
closure,which is related to the physiology of the human
eye.If the width of a public span is such that the cone of ——————1
vision encompasses Mss street we#than sky opening.the ♦ ♦ \ \ I \ \
degree of spatial enclosure is slight The ratio of 1 incre-
ment
ncre ment of height to til of width is the,absolute minimum,with I 1
1 to 3 being an effective minimum if a sense of spatial an- I I 1
closure is to result As a general rule,the tighter the rata, ♦\\ ♦\♦ I \\♦ I \\\ \\♦ I \\
the stronger the sense of place and,often,the higher the \ \ I \ I \ \ 1 \
reel estate valve.Spatial enclosure is particularly impor I I I
cent for shopping streets that must compete with shopping I I
malls,which provide very affective spatial definition.In the ♦ ♦ \
absence of spatial definition by facades,disciplined tree
planting is an shematiw.Trees afigned for spatial endo- RATIO 1:6
sure aro necessary on thoroughfares that haw substantial
front yards. PROPORTIONS OF BUILDING HEIGHT TO PUBLIC SPACE
NOMENCLATURE
THE FRONTAGE LINE
The lot boundary that coincides with a public thoroughfare
or public"ca.The frontage One may be designed iw:le-
pendently of the thoroughfare•to create a specific sense of
Mace.
FACADE ------F------ ------F------
The vertical surface of a building set along a frontage line-
The elevation is the vortical surface set along any other \\ I \\ \♦ I \
boundary One.Facades we subject to control by budding ♦ I \ I
height.setback fines,recess Ones,and transition fines.Ele-
vations are only subject to building height and setback \ 1
Ones. ♦ l ♦ \ l \
SETBACK ♦\I \/ \\I \\
The mandatory distance between a frontage fine and a fa-
cade or a lot lire and an elevation BY FACADE BY RECESS LINE
BUILDING HEIGHT
The defined Omit to the vertical extent of a bulding.The \
building Might should be noted as a number of stories, I I I
rather than a proscribed dimension.This prevents the com• I I \ I
pression of internal coding heights.In tall buildings. \ I \ I
height may be determined by density and view and by I \\ I \\ I
the requirements of spatial defnitien,which are addressed l \ I ♦ I
by the recess One.
\ I I
RECESS LINE \
I
A line prewribed for the full width of the facade.above \♦I \
which the facade is set bads The recess One effectively de-
fines the enclosure of public span.Its location is dater-
mined
etermined by the desired height•towidth ratio of that space.
compatibility with the average height of existing buildings,
or provision for dayighting at the street level. BY LANDSCAPING
TRANSITION LINE TECHNIQUES OF DELINEATING PUBLIC SPACE
A One proscribed for the full width of the facade,expressed
by a variation of material or by a frnitod projection such as
a comics or a balcony.The transition line divides the fa.
FRONTAGE LNE
cade.permitting shopfronts and signage to very over time
without destroying toverall composition. BBUILDINGr
the
FACADE -----------1
RECESS LINE
TRANSITION LAE I
CURB L 4E
ELEVATION
LOT LFJE
SECTION PLAN i
DEFINITIONS
Gary Greenan,Andres Duany,Elizabeth Plater-Zyberk Kamal Zaharin,Iskandar Shafie.Miami.Florida
The Cintas Foundation
SITE. COMMUNITY. AND URBAN PLANNING
Frontage Types 87
GENERAL j
Zuilding type is independent of frontage type.for example.
courtyard building may have an arcade,a shopfront.a
coop,or a porch as its frontage type.frontages can be
ranked from most urban to most rural
O O
ARCADE
The facade overlaps the sidewalk while the storefront re-
mains set back This type is excellent for retail use,but only
when the tthe colonnaalk is l
ly absorbed so the pedestrian can, 0
not bypassde.An easement for public use of /
private property is required. ARCADE
SHOPFRONT
The facade is aligned is type
on the frontage line,with the j
entrance at grade-This is conventional for sidewalk
retail.It is often equipped with an awning or a colonnade.
A transition line should separate the signage from the fa-
cade above. The absence of a setback mitigates against
residential use on the ground floor,although it is appropri1 01
-
ate above- 0j
OP
The facade is artgned directly on the frontage line,with the '
first floor elevated to achieve some privacy for the win-
dows.This type is suitable for residential uses such as row- SHOPFRONT
houses and apartment buildings. easement may be 010
necessary accommodate the encroaching stoop.This
yp /
te may be
interspersed with the shopfront
FORECOURT
The facade is set back and replaced by a low waif at the
frontage line.The forecourt thus created is suitable for gar-
dens,vehicular drop-offs,and workshop loading and stor-
age.It should be used sparingly and in conjunction with
the
inuous blind wall is
boringotstoop rt
and unsafe for and pedestrians.Tee canopies within
the forecourt should overhang the sidewalk
DOORYARD STOOP
The facade is set back from the frontage line,with an ele-
vated garden or terrace between-This type can effectively 01
buffer residential quarters from the sidewalk white remov01
-
ing the yard from public use.The terrace,when roofed.is 01
suitable for restaurants and cafes,as the eye level of the sit-
r is level with that of passersby. 11,
ORCH AND FENCE
With an encroaching habitable porch,the facade is set
csubstantially
bew within
anve��conversational of the sidewalk A
fence at the frontage fine marks the boundary of the yard
FORECOURT
FRONT LAWN j
The facade is set back fes should
from the frontage line. /
The front lawn this creates should be unfenced and visual-
ly continuous with adjacent yards.The ideal is to simulate
buildings sitting in a rural landscape.A front porch is usual-
ly not appropriate, since no social interaction with the
street is possible at such a distance.The large setback can
provide ound nboulevards
buffer
wffi
trac,so this type is some-
times
DOORYARD
j
PORCH AND FENCE
FRONT LAWN w
Gary Greenan,Andres Duany,Elizabeth Plater-Zyberk Kamal Zaharin,Iskandar Shafie;Miami,Florida
The Cintas Foundation
SITE. COMMUNITY, AND URBAN PLANNING
88 Landscape Types •
GENERAL
The urban landscape is a set of interdependent elements
that creates a controlled sense of place. It includes thor-
oughfare type,building type,frontage type,and the form
and disposition of landscape.
Public landscaping plays many roles above and beyond
that of ornamentation: O
1.To correct inadequacies of spatial definition caused by
building frontages.Planting steady rows of trees at the
edges usually reduces the height-to-width ratio of the
street space.Grids of trees are used to fill gaps left by un-
built lots and surface parking_
2 To adjust the microclimate by providing the appropriate O Q Q
level of shade or sun for buildings and sidewalks.For thor-
oughfares running east-vest this may involve the use of
asymmetrical planting.
3_To support the intended urban or rural character of the
public space_Selecting appropriate species and varying
the species planted,as well as the regularity of their dispo-
sition.can alter the landscape significantly.
4.To create a pleasing visual composition,being careful to O
mask the aesthetic failure of certain buildings as well as to
reveal the successes.Consider seasonal changes of each
species.
RURAL ROAD RESIDENTIAL ROAD
S.To create a harmonious whole of specific character by
coordinating public and private plantings.Selection should
vary,to ensure resistance to pests,but not result in an Inco-
herent collection of specimens.Native species should pre-
dominate to reduce maintenance,with an emphasis on
species that support wildlife compatible with human set-
tlement CE
RURAL ROAD
This type is appropriate for buildiggs at the edges of the O
neighborhood and along parks andyreenbelts.There is no
public planting line.The tree species should be episodic,
but in coherent clusters.There are no curbs:the drainage ——————- -—————— —————— ——————
is by open swale.Bicycle paths may be paved in asphalt
RESIDENTIAL ROAD D
I
This type is appropriate for houses outside of neighbor- 1
hood centers.Since the frontage usually includes a sub-
stantial setback the tree canopy may be quite wide.The f
rural aspect may be supported by planting several species 1
in imperfect alignment Sidewalks may meander and be on 1
one side of the road only.Roads are detailed with open 1
swales.and,where possible,drainage is through percola- 1
Cc D-
tion. I
RESIDENTIAL STREET
• I •
This type is appropriate for residential buildings at neigh- I
borhood and town centers.Trees are in continuous plant- r
ing strips,since the sidewalk does not require unusual .
width.Plant a single species of tree in steady alignment A
thin,vertical canopy is necessary to avoid nearby building RESIDENTIAL STREET COMMERCIAL STREET
facades.This type is dimensionally interchangeable with
the commercial street type and may alternate in corre-
spondence to the building facade.Streets are detailed with
raised curbs and closed storm drainage. I ( I 1
COMMERCIAL STREET I 1 ( I
IN1 IJI r I
This type is appropriate for commercial buildings at neigh- I 1 1 1
borhood and town centers.Trees are confined by individu-
al planting areas.creating a sidewalk of maximum width
with areas accommodating street furniture.Plant a single
species of tree in steady alignment.Clear trunks and high
canopies are necessary to avoid interference with shop-
front
hop front signage andawnings.Streets are detailed with raised
curbs with closed storm drainage.
AVENUE
This type is appropriate for approaches to civic buildings
The general principle is a thoroughfare of limited length, I I 1
with a substantial planted median.At town centers,the I I 1 1
median may be wide enough to hold monuments and even I I 1 I
buildings.In residential areas,the median may be planted I I
naturalistically to become a parkway or green. I I r
BOULEVARD I I I 1
I I I t
This type is appropriate for high-capacity thoroughfares at I 1• ( 1 1
neighborhood edges.The detailing is similar to that of a I I I 1
commercial street The effect of the medians is to segre-
gate the slower traffic and parking activity,at the edges,
from through traffi.at the center.
AVENUE BOULEVARD
Gary Greenan,Andres Duany,Elizabeth Plater-Zyberk,Kamal Zaharin,Iskandar Sharie;Miami,Florida
The Cintas Foundation
SITE. COMMUNITY. AND URBAN PLANNING
Thoroughfare Nomenclature 89
GENERAL
Thoroughfares are endowed with two attributes:capacity
and character.Capacity refers to the number of vehicles
that can mow safely through a segment within•given
time.It is physically manifested by the number of lanes and
their width and by the centedine radius.the curb radius.
aO and the super elevation of the pavement_Character refers a
O to a thoroughfares suitability for pedestrian activities and D
O ® fest-
edvariety of building types.'s associer ated
d building frontage, O
ed by the thoroughfare's assodatad building, frontage,
a O� and landscape types and sidewalk width. O
Conventional traffic engineering practice uses terms such
as'collector'and'arteriaL-which denote only capacity.
�O O This it too simplistic and tends to create an environment m- �O Q
hospitable for pedestrians.The following nomenclature ry^�
more adequately describes the combination of capacity
and character necessary to create we urbanism-
NOMENCLATURE
rbanismNOMENCLATURE
HIGHWAY: A long-distance, medium speed vehicular
corridor that traverses open country.A highway should be
relatively fres of intersections.driveways,driveways, and adjacent
buildings;otherwise it becomes a strip,which interferes
with traffic Row.
EXPRESSWAY: A high speed highway with intersex
tions replaced by grade separation.
HIGHWAYS BOULEVARDS
PARKWAY:A highway designed with naturalistic land-
scaping,
andscaping,partially accommodated within a wide and var,,.
inp median. \
BOULEVARD:Alongnurbcizedarumtisusu pilin d
corridor that traverses an urbanized area.It n usually lined
by parallel parking,wide sidewalks,or side medians plant-
aO ed with trees.Buildings uniformly line the edges. a
AVENUE: A short-distance, medium speed connector
O that traverses an urban area.Unlike a boulevard its axis is O
terminated by a civic building or monument.An avenue
O may be conceived as an extremely elongated square.(A re- O�
lated term is allAe,a rural avenue spatially defined by trees
aligned on either side but devoid of buildings except at the
terminus.) O� ,
DRIVE:A drive defines the edge between an urban and a
' natural condition, usually along a waterfront. parrot. or \\\
promontory.One side of the drive has the urban character
of a boulevard,with sidewalk and buildings,while the odr
er has the qualities of a parkway,with naturalistic planting
and rural detailing. \v7
STREET: A small-scale, low speed local connector.
Streets provide frontage for high-density buildings such as
offices, shops, apartment buildings, and rowhouses. A
street is urban in character,with raised curbs.closed drain-
age,wide sidewalks,parallel parkin¢trees in individual
planting areas,and buildings aligned on short setbacks_
DRIVES AVENUES
ROAD:A small-scale,low speed connector.Roads pro-
vide frontage for bNrdensity buildings such as houses.A
road tends to be rural in character with open curbs,option-
al perming, continuous planting, narrow sidewalks, and
buildings set well back.The rural road has no curbs and is
lined sty pathways,irregular tree planting,and uncoordr t
oared ildinp setbacks.
ALLEY:A narrow access route servicing the rear of build-
ings
uildbugs in a street Alleys have u sidewalks,landscaping,or
c- O \
building setbacks Alleys are used by trucks and mush ax
O commodith enter ddumpstors-They aro usually paved to their O�
edges,with center drainage via an inverted crown.
LANE:A narrow access route behind houses on a road.
O� 0 Lanes are rural in character,with a narrow strip of paving O a
at the center or no paving-While lanes may not he nscer
sary with front-loaded garages,they are still useful for ax
oommodating utility runs,enhancing the privacy of rear
yards,and providing play areas for children.
PASSAG E:A very narrow,pedestrian-only connector cut-
ting between buildings. Passages provide shortcuts
throrough bop blocks or connect roar parking areas with �^I
q street frontages.Passages may be roofed over and lined by J
shopfronts.
PATH:A very narrow pedestrian and bicycle connector
traversing a park or the open country. Paths should
ROADS,LANES,PATHS emerge from the sidewalk network Bicycle paths are neo- STREETS,ALLEYS,PASSAGES
essary along highways but are not required to supplement
boulevards,streets,and roads,where slower traffic allows
MORE RURAL sharing of the vehicular lane& MORE URBAN
Gary Greenan.Andres Duany,Elizabeth Plater-Zyberk,Kemal Zaharin,Iskandar Shafie;Miami.Florida
The Cintas Foundation
SITE. COMMUNITY. AND URBAN PLANNING
90 Thoroughfare Types
GENERAL
Capacity and character are combined and adjusted to
achieve a complete series of useful thoroughfare types.
The series is best regarded in pairs:keeping the right-of-
way width constant,each pair illustrates one type suit-
able in two ways.one for a relatively rural condition and an-
that suitable for a more urban condition.
3 LANES
2 L.4NE5 2LANE5
/ P P P P J / BOULEVARD HIGHWAY 5,L,
JJ�� �l/i�%:
2530 MPH DESIGN SPEED 3555 MPH
IV 29' Sr 34'"PL 5 zea 15
90 FT MIN.CENTERLINE RADIUS 165-800 FT i 20•h9IL 7 24• VARIES 20�'hug.
130'ROW 15 FT CURB RETURN RADIUS 35 FT t3O•"N.ROW
30 SEC PEDESTRIAN CROSS TIME N/A
BOULEVARD HIGHWAY
ALWAYS 014 STREET PARKING NEVER
CLOSED DRAINAGE OPEN
MAIN STREET AVENUE
67 2 LANES 20-25 MPH DESIGN SPEED 2535 MPH 1 t
P P PLANE LANE P
J 90 FT MIN.CENTERLINE RADIUS 165 FT i
15 FT CURB RETURN RADIUS 25 FT
20" 40'MUL 20" 12 SEC PEDESTRIAN CROSS TIME 15 SEC >5' 20 to" 20" 15
80"MIN ROW HO'ROW
ALWAYS ON-STREET PARKING ALWAYS'
MAIN STREET AVENUE
CLOSED DRAINAGE OPEN/
CLOSED
STREET ROAD
2LANES 20-25 MPH DESIGN SPEED 2535 MPH
P P YIL-ANEI
90 FT MIN.CENTERLINE RADIUS 165 FT
15 FT CURB RETURN RADIUS 25 Ff �7 J
10' 40" 10' 12 SEC PEDESTRIAN CROSS TIME 8.5 SEC 5 14' 22 14' 5'
60 ROW ALWAYS ON-STREET PARKING USUALLY' 60 ROW
STREET CLOSED DRAINAGE OPEN/ ROAM
CLOSED
MINOR STREET RURAL ROAD
20-25 MPH DESIGN SPEED 266-36 MPH
2
P LANES P 90 FT MIN-CENTERUNE RADIUS 165 FT ��)2LANI
16 FT CURB RETURN RADIUS 20 Ff
r�- -�—
8.5 SFC PEDESTRIAN CROSS TIME 13 SEC ��—�
10 30' to' ALWAYS' ON-STREET PARKING NEVER 5 Vr 19'Met 13
50'ROW 50'ROW
CLOSED DRAINAGE OPEN
MINOR STREET RURAL ROAD
ALLEY LANE
N/A DESIGN SPEED N/A
LP
N/A MINCENTERLINE RADIUS N/A
5 FT CURB RETURN RADIUS 20 FT
6.6 SEC PEDESTRIAN CROSS TIME 3.5 SEC
24.ROW USUALLY' ON-STREET PARKING USUALLY
CLOSED DRAINAGE OPEN
24'ROW
ALLEY LANE
PASSAGE PATH
N/A DESIGN SPEED N/A
N/A MK CENTERLINE RADIUS 40 FT
N/A CURB RETURN RADIUS 5 FT
4.5 SEC PEDESTRIAN CROSS TIME 4.5 SEC
I,ROW NEVER ON-STREET PARKING NEVER t3 ROW
PASSAGE CLOSED DRAINAGE OPEN PATH
MORE URBAN 'Not striped MORE RURAL
i
Chester Chellman,P.E_Ossipee,New Hampshire
Gary Greenan,Andres Duany.Elizabeth Ptater-Zybek Kamal Zaharin,Iskandar Shafie:Miami,Florida
The Cintas Foundation
SITE, COMMUNITY, AND URBAN PLANNING
Traditional Neighborhood Design 91
INTRODUCTION
The traditional neighborhood development (TND) ordi-
nance produces compact mixed-use,pedestrian friendly
ommunities.It can be incorporated in municipal zoning � �
ordinances as an overlay or as a separate district It is in-
tended to ensure the following conventions:
Traditional neighborhoods share the following characteris• civic _
1KS
COMMERCIAL
1.The neighborhood's area is limited to what can be tra-
versed in a 10-minute walk_
FKGI-IRESDENTIAL ••�',
2.Residences.shops,workplaces,and civic buildings are •�•a
located in close proximity.
3.A hierarchy of streets serves the pedestrian and the au-
® LOW RESDEMIAL
tomobile equitably.
4.Physically defined squares and parks provide places for WORCPLACE
formal social activity and recreation. �V
S. Private buildings form a clear edge, delineating the
street space.
6.Civic buildings reinforce the identity of the neighbor-
hood,providing places of assembly for social,cultural,
and religious activities- \
Traditional neighborhoods pursue certain social objet- ,
tives:
1.To provide the elderly and the young with independence
of movement by locating most daily activities within 1
walking distance .i•�
2.To minimae traffic congestion and limit road construc-
tion
onstruetan by reducing the number and length of automobile
trips I
3.To make public transit a viable ahemative to the automo-
bile by organizing appropriate building densities '
4.To help citizens come to know each other and to watch : :�•' .::
over their collective security by providing public spaces
such as streets andJ
squares
5.To integrate age and economic classes and form the ..•„� :;�
bonds of an authentic community by providing a full "� "�••;�'”
range of housing types and workplaoes
6.To encourage communal initiatives and support the bal-
anced evolution of society by providing suitable civic ;' " t•
buildings
c`ECIAL DEFINITIONS l
nns used in a TND ordinance may differ in meaning from /
.air use in conventional zoning ordinances:
ARTISANAL USE Premises used for the manufacture and /
saleof items that are made employing only handwork a •'
and/or table-mounted electrical tools and creating no ad-
verse impact beyond its lot
BLOCK The aggregate of lots and alleys circumscn'bed by
public use tracts,generally streets.
BUILDING HEIGHT:The height measured in stories.Attics
and raised basements do not count against building height
limitations.
CITIZENS"ASSOCIATION:The organization of owners of
lots and buildings associated under articles.The articles TND LAND ALLOCATION
shall reference an approved master plan:set standards for
building location,construction,and maintenance:provide
for maintenance on public tracts;and provide for the con- sq It per dwelling,or 1300 sq ft whichever is greater. es by more than one user,resulting in a 25%reduction of
struction of new civic buildings by an ongoing special as- the required spaces.
sessment. NEIGHBORHOOD PROPER:The built-up area of a TND,in-
cluding blocks,streets,and squares but excluding green SQUARE:A public tract spatially defined by surrounding
FACADE The building wall parallel to a frontage line, des. buildings,with frontage on streets on at least two sides.
Commercial uses shall be permitted on all surrounding
FRONTAGE UVE The lot line that coincides with a street OUTBUILDING:A separate budding,additional to a princi- lot:
tract pal building,contiguous with the rear lot line,having at
most two stories and a maximum habitable area of 450 sq STORY:A habitable level within a buikfing no more than 14
GREEN EDGE:A continuous open area surrounding the ft Outbuildings may be residential retail units.Outbuild- ft in height from floor to ceiling.
neighborhood proper.The area shall be preserved in per- ings are exempt from building cover restrictions or unit
petuity as a natural area.goff course,or growing or playing counts. STREET LAMPS:A light standard between 10 and 16 It in
fields,or it shell be subdivided into house lots no smaller height equipped with an incandescent or metal halide light
than 20 acres each. PARK A public tract naturalistically landscaped,not more source.
than 10%paved.and surrounded by lots on no more than
LIMITED LODGING Residential premises providing no 50%of its perimeter. STREET TREE:A deciduous tree that resists root pressure
more than eight rooms for short-4erm letting and food ser- and is of proven viability,in the region with no less than 4-
vices before noon only. PROHIBITED USES:Uses not permitted in the standard in.caliper and&it clear trunk at the time of planting.
zoning ordinance,as well as automatic food drink.and
LIMITED OFFICE:Residential promises used for business newspaper vending machines and any commercial use STREET VISTA.The view,framed by buildings.at the tertni-
of professional service&employing no more than four full- that encourages patrons to remain in thea automobiles nation of the axis of a thoroughfare.
time employees.one of whom must be the owner. while receiving goods or services(except service stations).
TRACT:A separately platted portion of land held in com-
LOT:A separately platted portion of land held privately. SHARED PARKING:A parking place where day/night or mon,such as a thoroughfare.a square,or a park-
weekday/holiday schedules allow the use of parking spat
'ETING HALL,A building designed for public assembly,
wining at least one room with an area equivalent to 10
Gary Greenan.Andres Duany.Elizabeth Plater-Zyberk.Kamal Zaharin,Iskandar Shafie:Miami,Florida
The Cintas Foundation
SITE, COMMUNITY, AND URBAN PLANNING
92 Traditional Neighborhood Design
GUIDELINES FOR TRADITIONAL NEIGHBORHOOD DESIGN
LAND USE LAND ALLOCATION LOTS AND BUILDINGS STREETS AND PARKING
A 1.GENERAL- (a)The TND shall be avail- B 1.GENERAL•(a)Similar land use categories C I.GENERAL(a)All lots share a frontage line with D 1-GENERAL• (a)All streets terminate at othe '-
able as an overlay option for land devel- face across streets;dissimilar categories a street or square. (b)The main entrances of streets.(b)Streetlights are provided along a
opment in all land use and zoning abut at rear lot lines. (b)The average pe- all buildings except outbuildings are on a thoroughfares at 35-to 50-ft intervals. (c,
categories except industrial. (b)A TND rimeter of all blocks within the neighbor- street or square.(c)Stoops,open colonnades, Ort-street parking is allowed on all local
requires a minimum parcel of 40 contig- hood does not exceed 1300 ft.For block and open porches may encroach into the front streets.(d)Parking lots are located behind or
uous acres and a maximum of 200 faces longer than 600 ft an alley or pedes- setback (d)The sides of buildings at comer beside building facades.(e)Parking lots and
acres.Larger parcels shall be developed trian path provides through access. lots are similarto their fronts. garages are not adjacent to street intersec-
as multiple neighborhoods with each in- tions,civic use lots,or squares and do not oo-
dividually subject to the provisions of cupy lots that terminate a vista. (f)Shared
the TND. parking reduces local parking requirements-
A,2-PUBLIC: (a)Includes streets-squares. R2 PUBLIC:(a)Aminimumof S%oftheneigh- C2.PUBLIC: (a)Balconies and open colonnades D2.PUSLIC: (a)Parking shared between public
partes,playgrounds.and the like.(b)Civ- borhood area or 3 acres (whichever is are permitted to encroach up to 5 ft into thor- and private uses is encouraged
is use lots may be placed within tracts greater)is permanently allocated to public oughfares and other tracts Such encroach-
designated for public use. (c)Large- use. (b)Each neighborhood contains at ments shall be protected by easements.
scale recreational uses such as golf least one square,not less than one acre in
courses. schoolyards and multiple sae,dose to the center.(c)No portion of
game fields are located only at the edge the neighborhood is more than 2000 ft
of the neighborhood from the square. (d)At least half the pe-
rimeter of squares,parks.and waterfronts
face streets. (9)At least a quarter of the
perimeter of waterfronts, golf courses.
greenbelts, and other natural amenities
face streets.
A3.CMC: (a)Contains community build- 83.CMC: (a)A minimum of2%of the neigh- C3.CIVIC:(a)Civic buildings have no height or set- D3.CNIC:(a)The majority(76%)ofthe off-street
ings such as meeting halls, libraries. borhood area is reserved for civic use.(b) back limitations. parking for civic structures is behind the
post offices,schools.child care centers. Civic lots are within or adjacent to squares building&
clubhouses, religious buildings, recre- and parks or on a lot terminating a street
ational facilities,museums,cultural so- vista. (c)Each neighborhood has a mini
cieties. visual and performance arts mum of one meeting hall and one child
buildings,municipal buildings,and the care facility.
like.
A4.COMMERCIAL (a)Contains buildings B4.00MMERCWL(a)A minimum of 2%and C4.00MMERCIAL (a)Buildings are built out to a D4.COMMERCIAL (a) Lou front streets no
primarily for business uses,such as re- a maximum of 30%of the neighborhood minimum of SM of their frontage at the front- more than four lanes wide;parallel parking
tail,entertainment.restaurant club,of- area is designated for commercial use.(b) age line. (b)Buildings have no required set- and sidewalks minimum 15 ft wide.(b)Rear
Tice. residential, lodging, artisanal. Commercial lots have a maximum front- back from the side lot lines. (c)Buildings do lot lines coincide with an alley. (c)Streets
medical,etc (b)At least 25%of the age of 32 fL (c)A maximum of four lots not exceed four stories in height and aro no have curbs with a radius at intersections of
building area is designated for resider- may be consolidated to construct a single less than two stories in height When fronting to 15 ft(d)Street trees are aligned on bo
tial use. building. a square,buildings are no less than three sto- sides of the street at 35-to 6"intervae
ries in height (d)Building coverage does not when open colonnades are provided no
exceed 70%of the lot area. street trees are necessary.(e)The majority
(75%)of the off-street parking is behind the
buildings.
A5.HIGH RESIDENTIAL:(a)Contains build- B5.HIGH RESIDENTIAL- (a)A minimum of C5.HIGH RESIDENTIAL:(a)Buildings are built out D5.HIGH RESIDENTIAL*(a)Lots front streets no
Ings for residential use, fimited office 20%and a maximum of 60%of the neigh- to a minimum of 70%of their frontage,at a more than three lanes wide,with parallel
use,cafes,real lodging,and artisanal borhood area is designated for high resi- continuous alignment no further than 10 ft parking and sidewalks minimum 15 ft wide.
uses. (b)All of the building area above dential use-(b)High residential lots have a from the frontage line. (b)Buildings have no (b) Street trees are aligned both sides of
the ground floor is designated for resi maximum frontage of 16 ft (c)A maxi required setback from side lot lines (c)Build- streets at 35-to 50-ft intervals. (c)Rear lot
dential use.(c)Outbuildings are permit- mum of eight lots may be consolidated for ings do not exceed four stories in height and, fines coincide with an alley. (d)AN oHstreet
ted the purpose of constructing a single build- when fronting a square.are no less then three parking is behind the buildings
ing containing one or more residential stories in height (d)Building coverage does
units. not exceed 50%of the lot area.
A610W RESIDENTIAL(a)Contains build- B61OW RES1DENilAL: (a)A maximum of C610W RESIDENTIAL-(a)Buildings aro built out D6.LOW RESIDENTIAL- (a)Lots front roads no
inga for residential uses including art 60%of the neighborhood area is designat- to a minimum of 40%of their frontage at a torr more than two lanes wide with optional par-
studios,limited offices,limited lodging, ed for low residential use. (b)Lots have a tinuous alignment no further than 30 ft from allel parking and sidewalks minimum 6 ft
and the like.(b)AN of the building area maximum frontage of 64 fL (c)A maxi the frontage line.(b)Side setbacks are no less wide. (b)Street trees are installed on both
above the ground floor is designated for mum of two tots may be consolidated for Vtan 10 ft in aggregate and may be allocated sides of the street at no more than 5"inter-
residential use.(c)Outbuildings are per- the purpose of constructing a single build- to one side.Buildings are set back no less than vats (L)Rear lot lines may coincide with an
mitted. ing. 20 ft from the rear lot fine.Outbuildings have alley.(d)All off-street parking is to the side or
no required setback (c)Buildings do not ex- rear of the building.Where access is through
teed three stories in height(d)Building cover- the frontage.garages or carports are located
age does not exceed 50%of the lot area- a minimum of 20 It behind the facade-
A7.WORKPLACE(a)Contains buildings for 07.WORKPLACE: (&)A minimum of 2%enda CTWORKPLACE: (a)Buildings are built out to a D7.WORKPLACE: (a)Lots front streets as wide
uses such as corporate office,light in- maximum of 30%of the neighborhood minimum of 70%of their frontage at a Contin- as necessary to accommodate truck traffic
dustry,artisanal,warehousing,automo- area is designated for workplace use. (b) uous alignment no further than 10 ft from the (b)Street trees are aligned on both sides of
five,and the like. Lots have a maximum frontage of 64 ft frontage line. (b)Buildings have no setbacks the street at 35-to 50-ft intervals.(c)Rear lot
(c)A maximum of four lots maybe consol- from side or rear lot lines.(c)Buikfings do not lines coincide with an alley. (d)AN off-street
dated for the purpose of constructing a exceed three stories in heighL (d)Building parking is to the side or rear of the building.
single building. covers"does not exceed 70%of the lot area_
(e)Lots are @operated from other use types at
the side and rear lot lines by a wall of between
3 and B ft high.
Gary Greenan,Andres Duany,Elizabeth Ptatw Zyberk Kamal Zaharin,Iskandar Shafie;Miami,Florida
The Cintas Foundation
SITE, COMMUNITY, AND URBAN PLANNING
( .,nmittee Name
VOLUNTEER SIGN-IN SHEET
Date Volunteer Name HOURS Comments
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