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Zoning Commission Packet 2009 05-27-09 o United City of Yorkville J a '% 800 Game Farm Road M 1 � 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 AGENDA ZONING COMMISSION MEETING Wednesday, May 27, 2009 7:00 PM City Hall Conference Room 1. Welcome 2. Approval of April 29 2009 Minutes 3. Follow Up Items: 1. Definitions Chapter"Word Search" 2. IEPA Infonnation 4. New Zoning Classifications 1. "Use-Oriented" Districts a. Options (Zoning District, Overlay District, etc.) 2. Rural Estate District 3. Conservation Design District 4. Revisions to B-1 and B-2 Commercial Districts 5. Next Meeting Date: Wednesday June 24, 2009 Euclidean zoning Euclidean zoning, also known as building block zoning and conventional zoning, is a type of zoning code popular in the United States. Basics Named for the type of zoning code adopted in the town of Euclid, Ohio, Euclidean zoning codes are by far the most prevalent in the United States, used extensively in small towns and large cities alike. Also known as 'Building Block" zoning, Euclidean zoning is characterized by the segregation of land uses into specified geographic districts and dimensional standards stipulating limitations on the magnitude of development activity that is allowed to take place on lots within each type of district. Typical types of land-use districts in Euclidean zoning are: residential (single-family), residential (multi-family), commercial, and industrial. Uses within each district are usually heavily prescribed to exclude other types of uses (residential districts typically disallow commercial or industrial uses). Some "accessory" or "conditional" uses may be allowed in order to accommodate the needs of the primary uses. Dimensional standards apply to any structures built on lots within each zoning district, and typically take the form of setbacks, height limits, minimum lot sizes, lot coverage limits, and other limitations on the building envelope. Advantages and Disadvantages Euclidean zoning is preferred by many municipalities due to its relative effectiveness, ease of implementation (one set of explicit, prescriptive rules), long-established legal precedent, and familiarity to planners and design professionals. Euclidean zoning has received heavy criticism, however, for its lack of flexibility and institutionalization Performance zoning Performance zoning is an alternative to conventional (Euclidean) zoning. Where conventional zoning specifies what uses land can be put to in specified districts, performance zoning specifies the intensity of land use that is acceptable. It deals not with the use of a parcel, but the performance of a parcel and how it impacts surrounding areas. Many jurisdictions in the United States that adopted performance-based planning subsequently abandoned it because of the heavy administrative burden required. Where perfonnance methods survived, they were typically hybridized with traditional zoning. Advantages and disadvantages There are advantages to the performance zoning approach. In some ways it requires less administrative involvement, since variances, appeals and re-zonings are not necessary. It also gives more flexibility both to the municipality and to the developer, allowing more of a range of land uses, as long as their impact is not negative. This allows for more innovation and the incorporation of new technologies that may not be accommodated in more traditional zoning ordinances. Performance zoning is typically more effective in the preservation of natural features, since it evaluates directly the impact, rather than indirectly through listing permitted and denied uses. Performance zoning avoids the arbitrary nature of the Euclidian approach, and better accommodates market principles and private property rights with environmental protection. A primary disadvantage of performance zoning is that as a result of its flexibility it is subject to a steeper learning curve. In traditional ordinances, land uses are listed as absolutes--either allowed or not allowed. Under performance zoning uses are determined through sometimes confusing calculations of a variety of factors. This requires local zoning administrators to be more adept at making appropriate and fair determinations based on sometimes subjective criteria, and can lead to more legal challenges. For this reason, performance zoning has not been widely adopted in the United States and Canada, and is usually limited to specific categories in a broader conventional code. Implementation Perforinance zoning often uses a "points-based" system where a property developer can apply credits toward meeting established zoning goals through selecting from a 'menu' of compliance options (some examples include: mitigation of environmental impacts, providing public amenities, building affordable housing units, etc.). Additional discretionary criteria may also be established as part of the review process. The following describes how various communities implemented performance based zoning. Bath Charter Township, Michigan: The township's ordinance provides five zoning districts: two traditional districts for rural, low-density residential; and three applied to existing settlements/expected development corridor. These three districts allow a range of uses either "by right" or with special permits for certain uses. r Buckingham Township, Pennsylvania: The ordinance contains typical zoning districts but provides cluster and performance standard development provisions. It aims to preserve natural resources by clustering housing on the least environmentally sensitive areas. Fort Collins, Colorado: Planned Unit Development (PUD) options are applied to all parcels in city. Developers may choose conventional zoning or the optional PUD. PUD proposals must meet a point value for an absolute criterion and a relative criterion. Hardin County, Kentucky: The land development ordinance allows agricultural and single family uses by right. All other uses must be evaluated by a three-step process. At the first step, the agricultural and development potential is evaluated using a point system. If the site scores a minimum threshold value, than it moves onto the second step, a compatibility assessment. The final step involves typical review of subdivision standards and requirements. Largo, Florida: The Land Use Plan defines uses and densities. Four overlay "policy" districts (environmental conservation, management, redevelopment, and downtown) define general standards and prohibited uses. Each land use within a policy district falls into a one of three classes (allowable, allowable with special mitigating measures, or prohibited). Form-based code A form-based(also called design-oriented or schedule-based) code is a zoning code that is designed to regulate development to achieve a specific urban form. Form-based codes create a predictable public realm by controlling physical form primarily, with a lesser focus on land use, through city or county regulations. Form-based codes address the relationship between building facades and the public realm, the form and mass of buildings in relation to one another, and the scale and types of streets and blocks. The regulations and standards in form-based codes, presented in both diagrams and words, are keyed to a regulating plan that designates the appropriate form and scale (and therefore, character) of development rather than only distinctions in land-use types. This is in contrast to conventional zoning's focus on the segregation of land-use types, permissible property uses, and the control of development intensity through simple numerical parameters (e.g., floor-area ratios, dwellings per acre, height limits, setbacks, parking ratios). Not to be confused with design guidelines or general statements of policy, form-based codes are regulatory, not advisory. Form-based codes are drafted to achieve a community vision based on time-tested forms of urbanism. Ultimately, a farm-based code is a tool; the quality of development outcomes is dependent on the quality and objectives of the community plan that a code implements. Elements Form-based codes commonly include the following elements: Regulating plan. A plan or map of the regulated area designating the locations where different building form standards apply, based on clear community intentions regarding the physical character of the area being coded. Building.form standards. Regulations controlling the configuration, features, and functions of buildings that define and shape the public realm. Public space/street standards. Specifications for the elements within the public realm (e.g., sidewalks, travel lanes, street trees, street furniture, etc.). Administration. A clearly defined application and project review process. Definitions. A glossary to ensure the precise use of technical terms. Advantages According to Peter Katz of the Form-Based Codes Institute, advantages of form-based codes include the following. Because they are prescriptive (they state what you want),rather than proscriptive (what you don't want), form-based codes (FBCs) can achieve a more predictable physical result. The elements controlled by FBCs are those that are most important to the shaping of a high quality built environment. FBCs encourage public participation because they allow citizens to see what will happen where-leading to a higher comfort level about greater density, for instance. Because they can regulate development at the scale of an individual building or lot, FBCs encourage independent development by multiple property owners. This obviates the need for large land assemblies and the megaprojects that are frequently proposed for such parcels. The built results of FBCs often reflect a diversity of architecture,materials, uses, and ownership that can only come from the actions of many independent players operating within a communally agreed-upon vision and legal framework. FBCs work well in established communities because they effectively define and codify a neighborhood's existing "DNA." Vernacular building types can be easily replicated, promoting infill that is compatible with surrounding structures. Non-professionals find FBCs easier to use than conventional zoning documents because they are much shorter, more concise, and organized for visual access and readability. This feature makes it easier for nonplanners to determine whether compliance has been achieved. FBCs obviate the need for design guidelines, which are difficult to apply consistently, offer too much room for subjective interpretation, and can be difficult to enforce. They also require less oversight by discretionary review bodies, fostering a less politicized planning process that could deliver huge savings in time and money and reduce the risk of takings challenges. FBCs may prove to be more enforceable than design guidelines. The stated purpose of FBCs is the shaping of a high quality public realm, a presumed public good that promotes healthy civic interaction. For that reason compliance with the codes can be enforced, not on the basis of aesthetics but because a failure to comply would diminish the good that is sought. While enforceability of development regulations has not been a problem in new growth areas controlled by private covenants, such matters can be problematic in already- urbanized areas due to legal conflicts.