HomeMy WebLinkAbout12.A. Amendment to City Code Chapter 11, Creating a Mixed Use Zone-Ord. No. 757
1:L.Ii.
CITY OF SHAKOPEE
MEMORANDUM
CASELOG NO: 06044
TO: Honorable Mayor and City Council
FROM: R. Michael Leek, Community Development Director
SUBJECT: Amendment to City Code Chapter 11, Creating a Mixed Use Zone
MEETING DATE: May 2,2006
INTRODUCTION:
On April 20, 2006, staff presented to the Planning Commission a proposed text
amendment that would create a new zoning district, i.e. Mixed Use. Initially, the intent
would be tore-zone the properties within the First Avenue/Riverfront area to Mixed Use,
and a public hearing will beheld on that proposed action at the May 4, 2006 Planning
Commission agenda. The Planning Commission recommended approval of the text
amendment aspresented.
ALTERNATIVES:
1. Offer and pass a motion recommending to City Council the proposed amendment to
City Code Sec. 11.25 creating a Mixed Use Zone as presented.
2. Offer and passamotiourecommendingto City Council the proposed amendment to
City Code Sec. 11.25 creating a Mixed Use .zone with revisions.
3. Offer and pass a motion recommending denial ofthe proposed text amendment.
4. Table theitemfor additional information or revisions.
PLANNING COMMISSION RECOMMENDATION:
At their April 20, 2006 meeting the Planning Commission unanimously recommended
alternative number 1.
ACTION REQUESTED:
Offer and approve Ordinance No. 757, amending City Code Sec. 11.25 creating aMixed
Use Zone as presented.
.~
R. Michael Leek
Community Development Director
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ORDINANCE NO. 757, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,
AMENDING CITY CODE CHAPTER 11, ZONING, BY CREATING A NEW
ZONING CLASSIFICATION, TO WIT MIXED USE ZONE
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,
ORDAINS:
Section 1 - That City Code Chapter 11, Zoning, is hereby amended by adding the
language, which is underlined, and deleting the language that is struck tlrrough.
SEC. 11.25. MIXED USE ZONE (MU).
Subd. 1. Purpose. The purpose of the Mixed Use Zone is to 1) ensure that existing uses
in the Riverfront/First Avenue area and Downtown area (as identified in the City's 2003
Comprehensive Plan Update), and other areas that may be identified by the City Council,
can be practically and economically continued as permitted uses, and 2) allow flexibility
for future private use and re-use of properties within these areas.
Subd.2.Permitted Uses. Within the Mixed Use Zone, the following shall be permitted
uses.
A. Uses in existence in the First Avenue/Riverfront andDowntown areas at the
time of adoption of this provision;
B. single family detached dwellings;
C. residential structures containing two (2) or more dwelling units;
D. Commercial uses are permitted; either "of right" or by conditional use
permit approval under the terms of City Code Sec. 11.35.
NEIGHBORHOOD COMMERCIAL (N-C).
E. public recreation;
F. utility services;
G. utility service structures, subject to the following requirements:
1. shall not be a water tower or electrical substation or a building constructed
to house sanitary lift station controls
2. shall be twenty (20) feet or less in height;
3. may be used only to provide weather protection for utility equipment;
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4. shall be designed, placed, and landscaped as necessary to assure that it
blends with the neighboring uses, and is unobtrusive; and
5. shall comply with all applicable design standards.
H. day care facilities servicing twelve (12) or fewer persons;
I. public buildings;
J. group family day care facilities serving fourteen (14)or fewer children;
K. residential facilities serving six (6) or fewer persons;
L. adult day care centers subject to the following conditions;
1. serve twelve (12) or fewer persons;
2. provide proof of an adequate water and sewer system if not served
by municipal utilities;
3. the outdoor leisurelrecreation areas located and designed to
minimize visual and noise impacts on adjacent areas;
4. the total indoor space available for use by participants must equal at
least forty (40) square feet for each day care participant and each
day care staff member present at the center. When a center is
located in a multifunctional organization, the center may share a
common space with the multifunctional organization if the required
space available for use by participants is maintained while the center
is operating. In determining the square footage of usable indoor
space available, a center must not count:
a. hallways, stairways, closets, offices, restrooms, and utility
and storage areas;
b. more than 25% of the space occupied by the furniture or
equipment used by participants or staff;
c. in a multifunctional organization, any space occupied by
persons associated with the multifunctional organization
while participants are using common.space;.and
d. comply with all other State licensing requirements.
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M. relocated structures, subject to the following requirements:
1. shall obtain a moving permit from the City under City Code Section
4.08;
2. prior to moving, the applicant shall have given cash, cashier's check
or letter of credit as a financial guarantee to the City to ensure
completion of all work. The financial guarantee shall be in an
amount equalto the Building Official's estimate of the cost to bring
the structure into compliance with the Building Code;
3. the structure shall meet all requirements of the Building Code within
six (6) months after moving;
4. if the structure is not in full compliance with the Building Code after
six (6) months of moving, the City, in its sole discretion, may draw
on the financial guarantee and take whatever steps it deems
necessary to bring the relocated structure into compliance with the
Building Code. In the event the City draws on.the financial
guarantee, 10% of the total guarantee shall be paid to the City as its
administrative fee;
5. the applicant shall provide the Building Department with all plan
review comments and inspection records from Building Codes and
STDS division and from the City of origin where constructed;
6. an approved County highway moving permit will be required for the
moving of the structure;
7. the structure shall be required to meet all setbacks, design and
performance standards specified in the City Code, unless otherwise
approved;
8. repair of any damage to City streets as a result of relocating the
structure shall be paid for by the applicant.
Subd.4. Conditional Uses. Within the Mixed Use Zonethe following uses shall be
allowed with a conditional use permit.
A. Conditional uses listed under the following Code Sections;
1. Sec. 11.28. URBAN RESIDENTIAL ZONE. Subd. 3. Conditional
Uses;
2. Sec. 11.30. OLDSHAKOPEE RESIDENTIAL ZONE (R-1C). Subd. 3.
Conditional Uses;
3. Sec. 11.32. MEDIUM DENSITY RESIDENTIAL ZONE (R-2). Subd.
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3, Conditional Uses;
4. Sec. 11.34. MULTIPLE-FAMILY RESIDENTIAL ZONE (R-3). Subd.
3, Conditional Uses;
5. Sec. 11.35. NEIGHBORHOOD COMMERCIAL (N-C). Subd. 3, Uses
Permitted with a Conditional Use Permit;
Subd. 4. Permitted Accessory Uses. Within the Mixed Use Zone, the following uses
shall be permitted accessory uses:
6. Sec. 11.28. URBAN RESIDENTIAL ZONE. Subd. 4, Permitted
Accessory Uses;
7. Sec. 11.30. OLD SHAKOPEE RESIDENTIAL ZONE (R-1C). Subd. 4,
Permitted Accessory Uses;
8. Sec. 11.32. MEDIUM DENSITY RESIDENTIAL ZONE (R-2). Subd.
4, Permitted Accessory Uses;
9. Sec. l1.34.MULTIPLE-F AMIL Y RESIDENTIAL ZONE (R-3). Subd.
4, Permitted Accessory Uses;
10. Sec. 11.35. NEIGHBORHOOD COMMERCIAL (N-C). Subd. 4,
Permitted Accessory Uses;
Subd.5. Design Standards. Applicable design standards for new development projects
within the in the Mixed Use Zone shall be as follows;
1. for projects having a net residential densityof3.01 to 5.0 dwelling units
per acre, the design standards found at Sec. 11.28. URBAN
RESIDENTIAL ZONE;
2. for projects having a net residential density of 5.01 to 8.0 dwelling units
per acre, the design standards found at Sec. 11.32. MEDIUM DENSITY
RESIDENTIAL;
3. for projects having a net residential density of 8.01 TO 12.00 dwelling
units per acre, the design standards found at Sec. 11.34. MULTIPLE-
F AMIL Y RESIDENTIAL;
4. for cornrnercialprojects, the design standards found at Sec. 11.35.
NEIGHBORHOOD COMMERCIAL;
Section 2 - - Effective Date. This ordinance becomes effective from and after its
passage and publication.
Adopted in session of the City Council of the City of Shakopee,
Minnesota held the day of ,2006.
Mayor of the City of Shakopee
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ATTEST:
City Clerk
Published in the Shakopee Valley News on the day of ,
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CITYOF SHAKOPEE
MEMORANDUM
CASELOG NO: 06044
TO: Shakopee Planning Commission
FROM: R. Michael Leek, Community Development Director
SUBJECT: Amendment to City Code Chapter 11, Creating a Mixed Use Zone
MEETING DATE: April 20, 2006
INTRODUCTION:
When the Shakopee City Council adopted the 2003 Comprehensive Plan Update, that
plan contained a new hind use classification for two areas of the City, i.e. the
RiverfrontlFirst Avenue and Downtown. areas. Staffs understanding of the City
Council's intent in doing so was to subsequently have a new zoning district created that
would accomplish at least the following objectives;
0 Ensure that existing uses, which in the past have had legal, non-conforming
status, be made pennitted uses. The reason for this is that in years past, many
property owners (especially owners of residential properties) have had difficulty
securing mortgages because of concerns that they would not be allowed to rebuild
ifit was destroyed. .
0 Provide a great dealofflexibility for future private use and/or re-use of properties
in these areas.
DISCUSSION:
. Before preparing a draft for Commission and Council consideration, staff reviewed a
wide range of planning literature on mixed use development and mixed use zoning, as
well as a number of examples of ordinances from across the country. Forthe
Commission's general information, I am attaching a copy of a January 2005 article titled:
Mixed Use Development. As can be seen from this article, the movement is away from
lengthy review processes such as Planned Unit Development(PUD} and toward allowing
a greater variety and mix of uses "by-right." Examples of ordinances surveyed by staff
tend to focus on such things as 1) density bonuses, 2) provision of affordable housing, 3)
focus on transit-oriented development. Because Council's intent doesn't seem to go
directly to these concerns, the attached proposal does not address those issues in its
current form.
Within the planning profession and field, mixed use zoning is generally seen as an
alternative to traditional Euclidian zoning, in that it a varietyofland uses are allowed in
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conjunction with, instead of separate :from one another. In recent years the term mixed
use has become associated with the concept and movement to promote so-called "smart
growth."
The Commission should be aware that City staffhas scheduled a public hearing for May
4th onthe actual rezoning of properties in the Riverfront/First Avenue area, on the .
assumption that a version ofthe MixedUseZone will be adopted bytheCity Council. In
the interest of full disclosure to property owners in this area, planning staff did send the
attached notice regarding the actual rezoning to individual property owners. In the event
that the Commission continues or tables this matter, the public hearing on the proposed
rezoning will also need to be continued.
ALTERNATIVES:
1. Offer and pass a motionrecommending to City Council.the proposed amendment to
City Code Sec. 11.25 creating a Mixed Use Zone as presented.
2. Offer and pass a motion recommending to City Council the proposed amendment to
City Code Sec. 11.25 creating a MixedUse Zone with revisions.
3. Offer and pass a motion recommending denial of the proposed text amendment.
4. Table the item for additional information or revisions.
STAFF RECOMMENDATION:
Staff recommends Alternative No. 1 or 2, i.e. offer and pass a motion recommending to
City Council the proposed amendment to City Code Sec. 11.25 creating a Mixed Use Zone,
either as presented or with revisi()ns~
ACTION REQUESTED:
Offer and pass a motion recommending to City Council the proposed amendment to City
Code Sec. 11.25 creating a Mixed Use Zone as presented or with revisions.
./?~
0~/../
R. Michael Leek
Community Development Director
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DRAFT
. ORDINANCE NO. XXX, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,
AMENDING CITY CODE CHAPTER 11, ZONING, BY CREATING A NEW
ZONING CLASSIFICATION, TO WIT MIXED USE ZONE
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,
ORDAINS:
Section 1 - That City Code Chapter 11, Zoning, is hereby amended by adding the
language, which is underlined, and deleting the language that is struck through.
SEC. 11.25. MIXED USE ZONE (MU).
Subd. 1. Purpose. The purpose of the Mixed Use Zone is to 1) ensure that existing uses
in the Riverfront/First Avenue area and Downtown area (as identified in the City's 2003
Comprehensive Plan Update), and other areas that may be identified by the City Council,
can be practically and economically continued aspermitteduses,and 2) allow flexibility
for future private use and re-use of properties within these areas.
Subd. 2. Permitted Uses. Within the Mixed Use Zone, the following shall be permitted
uses.
A. Uses in existence in the First Avenue/Riverfront and Downtown areas at the
time of adoption of this provision;
B. single family detached. dwellings;
C. residential structures containing two (2) or more dwelling units;
D. Commercial uses are permitted; either "of right" or by conditional use
permit approval under the terms of City Code Sec. 11.35.
NEIGHBORHOOD COMMERCIAL (N-C).
E. public recreation;
F. utility services;
G. utility service structures, subject to the following requirements:
1. shall not be a water tower or electrical substation or a building constructed
to house sanitary lift station controls
2. shall be twenty (20) feet or less in height;
3. may be used only to provide weather protection for utility equipment;
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4. shall be designed; placed, and landscaped as necessary to assure that it
blends with the neighboring uses, and is unobtrusive; and
5. shall comply with all applicable design standards.
H. day care facilities servicing twelve (12) or fewer persons;
I. public buildings;
J. group family day care facilities serving fourteen (14) or fewer children;
K. residential facilities serving six (6) or fewer persons;
L. adult day care centers subject to the following conditions;
1. serve twelve (12) or fewer persons;
2. provide proof of an adequate water and sewer system if not served
by municipal utilities;
3. the outdoor leisure/recreation areas located and designed to
:minimize visual.and noise impacts on adjacent.areas;
4. the total indoor space available for use by participants must equal at
least forty (40) square feet for each day care participant and each
day care staff member present at the center. When a center is
located in a multifunctional organization, the center may share a
common space with the :multifunctional organization if the required
space available for use by participants is maintained while the center
is operating. In determining the square footage of usable indoor
space available, a center must not count:
a. hallways, stairways, closets, offices, restrooms, and utility
and storage areas;
b. more than 25% of the space occupied by the furniture or
equipment used by participants or staff;
c. in a multifunctional organization, any space occupied by
persons associated with the multifunctional organization
while participants are using common space; and
d. comply with all other State licensing requirements.
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~ 11.33
M. relocated structures, subject to the following requirements:
1. shall obtain a moving permit from the City under City Code Section
4.08;
2. prior to moving, the applicant shall have given cash, cashier's check
or letter of credit as a financial guarantee to the City to ensure
completion of all work. The financial guarantee shall be in an
amount equal to the Building Official's estimate of the cost to bring
the structure into compliance with the Building Code;
3. the structure shall meet all requirements of the Building Code within
six (6) months after moving;
4. if the structure is not in full compliance with the Building Code after
six (6) months of moving, the City, in its sole discretion, may draw
on the financial guarantee and take whatever steps it deems
necessary to bring the relocated structure into compliance with the
Building Code. In the event the City draws on the financial
guarantee, 10% of the total guarantee shall be paid to the City as its
administrative fee;
5. the applicant shall provide the Building Department with all plan
review comments and inspection records from Building Codes and
STDS division and from.the.City of origin where constructed;
6. an approved County highway moving permit will be required for the
moving of the structure;
7. the structure shall be required to meet all setbacks, design and
performance staIidards specified in the City Code, unless otherwise
approved;
8. repair of any damageto City streets as a result of relocating the
structure shall be paid for by the applicant.
Subd.4. Conditional Uses. Within the Mixed Use Zone the following uses shall be
allowed with a conditional use permit.
A. Conditional uses listed under the following Code Sections;
1. Sec. 11.28. URBAN RESIDENTIAL ZONE. Subd. 3, Conditional
Uses;
2. Sec. 11.30. OLD SHAKOPEE RESIDENTIAL ZONE (R-IC). Subd. 3,
Conditional Uses;
3. Sec. 11.32. MEDIUM DENSITY RESIDENTIAL ZONE (R-2). Subd.
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3. Conditional Uses;
4. Sec. 11.34. MULTIPLE-FAMILY RESIDENTIAL ZONE (R-3). Subd.
3. Conditional Uses;
5. Sec. 11.35. NEIGHBORHOOD COMMERCIAL (N-C). Subd. 3. Uses
Permitted with a Conditional Use Permit; .
Subd. 4. Permitted Accessorv Uses. Within the Mixed Use Zone, the following uses
shall be permitted accessory uses:
6. Sec. 11.28. URBAN RESIDENTIAL ZONE. Subd. 4.Pennitted
Accessory Uses;
7. Sec. 11.30. OLD SHAKOPEE RESIDENTIAL ZONE (R-1C). Subd. 4.
Permitted Accessory Uses;
8. Sec. 11.32. MEDIUM DENSITY RESIDENTIAL ZONE (R~2). Subd.
4~ Permitted Accessory Uses;
9. Sec. 11.34. MULTIPLE-FAMILY RESIDENTIAL ZONE (R-3). Subd.
4. Permitted Accessorv Uses;
10. Sec. 11.35. NEIGHBORHOOD COMMERCIAL (N-C). Subd. 4.
Permitted Accessory Uses;
Subd. 5. Desien Standards. Applicable design standards for new development projects
within the in.the Mixed Use Zone shall be as follows;
1. for projects having a net residential density of3.01 to 5.0 dwelling units
per acre, the design standards found at Sec. 11.28. URBAN
RESIDENTIAL ZONE;
2. for projects having a net residential density of 5.01 to 8.0 dwelling units
per acre, the design standards found at Sec.! 1.32. MEDIUM DENSITY
RESIDENTIAL;
3. for projects having a net residential densityof8.01 TO 12.00 dwelling
units per acre, the design standards found at Sec. 11.34. MULTIPLE-
FAMILY RESIDENTIAL;.
4. for commercial projects, the design standards found at Sec. 11.35.
NEIGHBORHOOD COMMERCIAL;
Section 2 - - Effective Date. This ordinance becomes effective from and after its
passage and publication.
Adopted in .. session of the City Council of the City of Shakopee,
Minnesota held the day of , 2006.
Mayor of the City of Shako pee
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DRAFT
ATTEST:
City Clerk
Published in theShakopeeValleyNewson the day of ,
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SMART GROWTH, SMART CHOICES SERIES:
MIXED-USE DEVELOPMENT
Edward A. Tombari, AICP
Land Development Services
January, 2005
In trod llction
Since the first American cities were founded in the 17th century, mixed-use development
has always been part of the American urban . landscape. It was not until after Wodd War
II that a movement toward complete segregation of land uses dominated the new
American urban landscape. This movement, which actually began in the 1920's reached
its zenith in the 1950s and 1960s. During the 1980s, the New Urbanist architectural
movement, along with urban revitalization, renewed interest in mixed-use development in
certain areas of the country. As the principles spawned by this development trend has
slowly gained acceptance, mixed-use development is being constructed in numerous
cities throughout the country. Some architects. and planners see it as a panacea for all
urban problems; other critics see it as a passing fad that provides housing only for higher-
income professionals. .This paper . attempts to review the history and trends associated
with the re-emergence of mixed-use development and postulate thatthe answer, like with
all things, lies somewhere in the middle.
Defining the Terminology
There are a large number of terms used whe~discussing any type of non-conventional
residential development. Mixed-Use is more a reference to a zoning district that allows
for a variety of uses within one district. Typically, Neo- Traditional Development is a
design concept that also goes by several terms, including, Traditional Neighborhood
Design (TND) and New Urbanism. TNDs typically have a mixed-use element as part of
their design concept. Infill development is more a reference to location, meaning new
development constructed in developed areas, typically surrounded on all sides by existing
development. Transit Oriented Development (TOD) is typically a reference to access to
public transportation, and will be defined further in this paper. Thecomrnon thread is
that all these "kinds" of development better meet the goals of "smart growth" and
sustainable development. than conventional residential development.
Recent History of Mixed-Use Development
Prior to World War II, much of town planning and development, including housing
construction, . incorporated a mix of uses in relatively close proximity to one another.
Examples include the "apartment above the store" still found in c>1der hmer cities, and the
"streetcar suburb", where single family and multi-family housing was typically located
within walking distance to retail, services and public transportation. Due to the much
lower rate . of automobile ownership at this time, it was necessary to build housing
accessible to alternative forms of transportation.
After World War II, automobile ownership increased dramatically and a mass exodus
from central cities began. .. Land use planning and zoning regulations followed suit by
requiring greater and greater distances . between housing and non-residential uses, and
even between differing types of residential units, thus increasing dependency on the
automobile. This pattern of development has created various challenges, however, and
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current trends are revisiting how to mix or better integrate these uses to meet these
challenges.
Mixed-Use as Smart Growth Development
As a greater percentage of developable land is consumed within urban areas, land costs
have spiraled. Concerns regarding the escalating cost of automobile commuting
compound the expendable income of American families. "Smart Growth" initiatives
attempt to address these cost issues to provide for greater housing affordability, among
other issues. Municipal codes and ordinances that incorporate "Smart Growth" principles
within their goals and through their regulations also seek to "achieve a variety of
dwelling types so that younger and older people, singles and families. of varying income
levels may find places to live", as is stated in the Dane County, Wisconsin Mixed-Use
Ordinance. The following language is from the Smart Growth.com website and perhaps
best summarizes the relationship between smart growth initiatives, mixed-use land use
policies and housing affordability:
"Smart. Growth supports the integration of mixed land uses into
communities as a critical component of achieving better places to live. By
putting uses.in close proximity to one another, alternatives to driving, such
as walking or biking, once again become viable. Mixed land uses also
provides a more diverse and .sizable population and commercial base for
supporting viable public transportation. It can enhance the vitality and
perceived. security of an area by increasing the number.and attitude of the
people on the street. It helps streets, public spaces and pedestrian oriented
retail again become places where people meet, attracting pedestrians back
onto the street and helping to revitalize community life.
Mixed land uses can convey substantial fiscal and economic benefits.
Commercial uses in close proximity to residential areas are often reflected
in higher property values, and therefore help raise local tax receipts.
Businesses recognize' the benefits associated with areas able to attract
more people, as there is increased economic activity when there are more
people in an area to shop. In today's service economy, communities find
that by mixing land uses, they make their neighborhoods attractive to
workers who. increasingly balance quality of life criteria with salary to
determine where they. will settle. Smart growth provides a means for
communities to alter the planning context which currently renders mixed
land uses illegal in most of the country."
One of the attractive aspects of Mixed-Use Development, regardless of urban or
suburban settings, is that most of its qualities, in some way, contribute to the "smart
growth" vision, which many communities now seek to regulate towards. Understanding
this vision and knowing how to talk the same "lingo" as planners and local officials
when going through the approval process can be of great assistance in getting a project
approved quickly. Any of the following. should be considered "amenities"and are
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typically seen as promoting the concepts of "smart growth" and . sustainable
communities.
Civic Sites - Clearly identified and at a prominent location should attract residents to that
location where they can meet neighbors or have scheduled community events. They also
lead to a "sense of place", which increases pride inone~s community.
Walkability.:... A modified grid design, with sidewalks, mixed with linear parks and
parkways, encourages residents to move around other than in automobiles. This is
particularly important for children and the elderly and reduces the burden on "chaffeur
moms" as well as reduces fuel consumption on unnecessary vehicle trips.
Connectivity - plentiful connections between different. communities within a
development reduces traffic on "connector" routes, by allowing for traffic to flow on a
greater number of local streets.
Mix of Land Uses - Uses in addition to residential within a development, properly
designed, can provide a sense of place. Access to mixed-use centers should be
encouraged by both cars. and non-vehicular means through multiple connections,
sidewalks, etc. Mixed-use centers may provide housing and non-housing within the same
district, .or may provide only non-residential uses, if well. connected to adjacent
residential uses. Also, retail within mixed use must have good visibility from high
volume thoroughfares as well as. plentiful parking. in order to be financially successful.
Good design can accommodate both these needs into a mixed":use design.
)> Live-Work Concept
One of the recent pioneering trends of the mixed-use concept is the "Live-Work"
concept. This trend started in the 1970s and 1980s, when many urban factories and
warehouses in central city locations were converted into residential lofts, with
zoning that allowed for the operation of a business as well. This trend has gained
momentum outside of the major industrial cities and is now emerging in newer
sunbelt cities with the construction of new warehouse style structures, or the
conversion of older structures in downtown locations. Ho",:,ever, their locations are
still generally. limited to Central Business.District locations,...as more liberal zoning
in those locations has been enacted to spur re-development. It is rare to see this
type of development outside of central business districts. or other central city
locations, and there are a few signs that this type of development will expand into
suburban locations in the near future, especially older suburbs.
Diverse Housing Types..; Single family, townhouses and multi-family apartments and
condos can be integrated into one development, as long as the scale and design of
adjacent uses is compatible with each other. A mix of housing types ensures that people
of various socio-economic classes may live in proximity to one another and share a
common pride in one's community.
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}> The Accessory Dwelling Unit
Also lmown as the "Mother In-Law Suite". or "Carriage House", these dwelling
units typically exist on the same fee-simple lot with a larger .single-family or
attached single-family housing unit. Most conventional zoning only allows for
these units in neighborhoods that were developed in the 19th and early 20th century,
when many houses were constructed with a detached garage or carriage house,
which can be easily converted. Generally, this practice ceased after World War II,
with the advent of the attached garage and the desire of homebuyers to have greater
privacy and more space. The added benefit of this use is clear, it provides rental
income to the property owner, and it provides for reasonably priced housing for
certain income and familial groups. Although planning professionals have recently
advocated the reinstitution of accessory dwelling units in new. single family
neighborhoods, the market is often resistant to the idea due to concerns of
overcrowding and introducing a. rental population. into a predominantly single-
family homeowner environment. One city that has been successful in re-zoning
existing areas to allow for accessory unit is Portland, OR.
Although accessorydweIling units should. not be . considered . a one-to-one
replacement for single-family dwelling units, there is a potential opportunity for the
homebuilding industry to develop this use, either through conversion of ancillary
structures in.existing neighborhoods, or through new. construction in tandem with
the . larger house, and. should not be overlooked.
High.Quality Architecture and Urban Design - Should reflect classic elements,
including vernacular,. or local, styles.. However, overly prescriptive architectural
standards raise. the cost ofhousing construction and should be argued against in the name
of workforce housing. Homebuilderslmow what kind of design elements to incorporate
into housing to attract buyers. This should not be the realm of local government zoning
codes.
Increased Density - more units on smaller lots allows for preservation of open space, .
reduces infrastructure and maintenance costs, and allows for a more diverse mix of
housing stock, which opens cOmrIlunities Up to many socio-economic groups. However,
increased density should not be perceived as a panacea to "urban sprawl" as many in
planning circles tend to do; Market trends and population sentiment still show a strong
negative reaction to higher densities and have accepted its use only grudgingly. The most
common isa perception of increased trafficand crime associated with higher density
development, regardless of its intended population characteristics. Projects with higher
densities are most likely to meet with some NIMBY resistance from area residents
during the approval process, which is discussed further in this paper.
Environmental Sensitivity ...c If possible, preservation of natural areas such as wetlands
and woodlands should be utilized and used a community amenity.and as buffers. .These
open space areas should also be counted toward, not in addition to, other open space
5
requirem.ents, such as setbacks, park dedication and water bodies. This mainly applies to
suburban locations that have existing natural features on site, but there are opportunities
even in more urban settings, particularly for restoration of natural features.
Public Transportation - The structure of these cornmunities(good connectivity,
walkability, and higher density) makes existing and potential public transportation
service more accessible and feasible than conventional subdivisions.
~~:T(,
High-density residential housing at Addison Circle in DaJIas, TX incorporates a rapid-transit stop
and civic open space, two key components of "smart-growth".
~ Transit Oriented Developments
Transit OrieIltedDevelopments (or TODs) provide the best opportunity to better
serve future residential areas with efficient. public transportation. A. TOD is
typically as arnaster planned development that has as a focus a rapid transit station
that provides service to other major employment, shopping, and entertainment
centers. Ideally, this rapid transit station should be no greater than a to-minute
walk, or one-quarter mile,. from all residential housing units. This close proximity
necessitates higherresidential density.
Transit Oriented Developments have enjoyed some limited success in recent years,
particularly in metropolitan areas with existing rapid transit service.. such as
Arlington, VA. Also, a . few cities with new rapid transit service have also seen a
notable increase in Transit Oriented Developments, most notably the Addison
Circl~ development in Dallas, the Kendall District in Miami, and the RivelTI1ark
Development in San Jose. As more cities open new rapid transit systems (such as
Denver, Houston, Salt Lake City and Minneapolis), additional opportunities for
Transit Oriented Development will arise. . Although thousands of dwelling units
can be expected to be built in TODs in the near future, it is still a very small fraction
of overall residential development in the country, and new residential construction
will still overwhelmingly be automobile-oriented. . Nevertheless, due to potential
growth, this new opportunity should not be ignored by the homebuilding industry.
6
High density mixed-use provides for residential opportunities on under utilized infill sites, also a key
smart growth concept. Above -The Market Commons at Clarendon in Arlington, VA.
Recent Market Trends for Mixed-Use Residential Development
Financing also has begun to increase from private sector lenders, as the market had begun
to embrace the Mixed-Use concept. Several completed mixed-use developments are
included later in this report, as.. part of the appendix. Many times, mixed-use
developments can only move forward as part of a private-public partnership. Often time,
public private fmancial partnerships may include government paying for infrastructure,
such as streets, sidewalks, plazas and parking garages, or providing for land and then
leasing it back to the developer. Due to the relative neWness of the concept and
unconventional areas of development, often within existing neighborhoods and in inner-
city areas, public partnership provides . an additional level of security to lending
institutions which still consider many mixed-use projects high .risk ventures.
Mixed-Use in the Kentlands Development, Gaithersburg,MD
These recent mixed-use development have also acted as a laboratory for the behaviors of
the home buying American public concerning what they preferred about mixed-use and
what they did not. These pioneering coinmunities told us that buyers generally did not
mindthe higher densities and smaller lots, as critics had said they would, and they
7
. especially loved the classic architecture and neighborly feel of front porches, tree lined
streets, lampposts, and common green spaces found in many TND styled mixed-use
communities. They did not however, appreciate any design mechanism that restricted the
primacy of the automobile, such as alleyways, lack of parking at retail, or lack of access
to retail.
Marketing "community" a key marketing tool for mixed-use development in suburban
developments, Tradition, Port St. Lucie, FL,.courtesy Core Communities
One point made is that a majority. of these projects are occurring in suburban areas and
cater to suburban middle class residents. Although the original concept may have catered
to the idea of self-sustainable villages and inner city revitalization, must proponents of
mixed-use and TND are embracing the concept of the. suburban mixed-use project as a
viable and acceptable trend. For example,. In its last annual survey, the New Urban
News, trumpeted that 648 neighborhood-scale new urban communities, most of which
were in suburban locations, had been either completed or initiated - an increase of 176
from the year before. With 97 new projects identified in the previous survey, the pace is
picking up considerably. (The survey identified 369 of the 648 projects as built or under
construction, with the remainder in planning and development stages.)
1
!
.."
Model Homes at Tallgrass Village, a small mixed-use development in suburban Brandon, SD.
8
Recent Trends in Regulating Mixed-Use and Current Trends
Beginning in the late 1960s, a movement to create more diverse housing types initiated
the PUD movement, which allowed for municipalities to. adopt development ordinances
that did not comply with Euclidean zoning standards. Initially, PUDs were perceived as
beneficial to developers and homebuilders because they allowed them the flexibility to
not have to follow all the standards within the strict interpretation of Euclidean zoning
codes. Over time, PUDs gained popularity nationwide as a. means of providing for a
greater variety of development. The caveat however, was that. municipalities were
granted the power to require additional improvements not required by the zoning code or
comprehensive plan adopted by the community.
Another problem that has developed, is that municipal officials, particularly ones that
now require PUDs for new development, have essentially eliminated any vested right to
develop a parcel ofland as specified by the community's comprehensive land-use plan or
zoning ordinance. . PUDsessentially force developments into a case-by-case review, in
which public officials can request additional requirements not found within the zoning
code, as well as multiple public hearings. The cost to. the developer or homebuilder is
then inexorably higher than in a "straight" or. Euclidean zoning scenario as a result.
Given that thePUD concept is nearly 40 years old, it is no longer seen as. an innovative
tool, and is in fact utilized by many communities as a slow-growth measure that. gives
municipalities a legal means to tie-up development reviews for years.
COrnlTIuuities interested in greater diversity in urban planning should now forgo the PUD
overlay or conditional use process and amend the Euclidean zoning code to allow for a
diverse type of development as a zoning district by-right. A good example would be a
"mixed-use zoning district", a "traditional-neighborhood zoning district", or a "c1uster-
housing zoning district" that explicitly allows. for communities that. contain a mixture of
land-uses, higher densities, and development standards not otherwise permitted through
Euclidean zoning. .Owners.ofland zoned "mixed-use" then have a right by law to create
this type of development without lengthy public hearing processes or additional and
sometimes capricious requirements and delays. . . The result is a process that makes all the
difference between implementing smart growthandjust talking about it. In. addition, it
lowers the cost to the developer in terms of the planning . and construction schedule,
which is then passed on to the resident or citizens through more .affordable housing,
lower commercial rents, and lower cost of goods and services, and tothe community in
terms of more desirable development.
Mixed-use. concepts are rapidly. becoming mainstream as more of these projects are
constructed nationwide. Municipalities should no longer expect developers and
homebuilders to accept lengthy "special review procedures" such as PUD ordinances if
they truly seek to encourage these types of developments. By amending comprehensive
plans and zoning codes to allow for these uses by-right, the public hearing is reduced to a
one-time event, instead of being . held on ..each ..case-by-case review period. Citizen
involvement is assured and the development costs are reduced dramatically, benefiting all
in the community.
9
~ Form-Based Zoning Codes: Moving Away from Use
One possible solution to building predictability into the land development
approval process is Form-based codes. This is a new concept in planning circle
that may provide for a workable and comprehensive .replacement to conventional
zoning law. If implemented correctly, the land development permitting process
maybe greatly simplified and would be a much better fit for the development of
TND. and Mixed-Use projects than inflexible conventional zoning or the
capricious PUDs.
Simply put, form-based codes place form as the top priority in zoning law, as
opposed to land use. Theoretically, form-based code dictates a few basic
requirements for structure types, such as setback, lot coverage and height. A
structure type could then be permitted anywhere, as long as it is compatible with
the surrounding structures. Additional "dress code" requirements, such as door
and window placement, exterior material, and roofing can be · added. to the
structure requirements, although proponents . of form-based . codes emphasize
against writing too many design requirements into the code. The intent of form-
based codes is to encourage diversity among structures as long as they are
compatible.
Form-based codes may be easier to implement in infill areas because they allow
for the development of structures similar. to their surrounding structures.
Theoretically, they are intended to be more concise and easier to understand than
conventional zoning codes, although this is always prone to abuse (in terms of
becoming more complex and burdensome) over time.
Form-based codes may also offer a better solution to NIMBY related
development issues in that the codes themselves are more akin to "visual-
preference" surveys, which have become an increasingly popular tool in
providing resident input on how a new project may fit into a new community.
Form-based codes, associated with new technology, will allow residents to view
future development in three dimensions instead of two. This may significantly
relieve fears of density. and massing often. faced by builders and developers.
Form-based codes could be a regulatory boon to builders if they can be
implemented as simply as the proponents say it can. That is a big if. This is a
nascent. regulatory approach, and only California has adopted state enabling
legislation. It has been implemented in a few areas, although so recently that
there has not been enough time to make. an analysis of the results. The Kendall
district of Miami, FL, Louisville, KY and Arlington, VA, have recently adopted,
some version of form based-codes.
10
Mixed-use development focuses more on regulating form and design and less on regulating uses.
Form Based Codes may provide for a more predictable and efficient approval of mixed-use. A scene
from City Place, West Palm Beach, FL, meant to reflect the form of an Italian village.
Local jurisdictions throughout the country have begun to adopt legislation and ordinances
allowing a mix of uses, with. housing and non-residential. uses in close proximity to one
another. These ordinances provide for mixed-use in a variety of locations, including
inner cities and fast growing suburban areas, within the existing urban fabric of older
cornmunitiesand within the. context of undeveloped land in newly developed suburbs.
What follows is a sample of ordinances and projects from . a variety of communities
across. the country that reflects. the diversity of mixed-use projects currently being
regulated, proposed and developed.
Huntersville, NC- A rather simple Mixed Use ordinance that allows for higher densities
near highways and a proposed rail corridor to Charlotte. Allows up to 30% of housing
units to be apartments and attached housing within major subdivisions, and requires that
projects have a conceived public realm of streets, plazas and parks.
Miami-Dade County, FL - Pioneered one of the earliest mixed-use ordinances in 1993.
Although the ordinance has been criticized asa whole for being overly prescriptive, there
are many elements of the ordinance (including the definitions section) that provide good
criteria that may be used in a more simplified code.
Port Royal, SC-Highly illustrative, yet flexible TND zoning code. This code places
emphasis on fonn and design before the separation of uses.
Mansfield Township, NJ - Overly prescriptive code in terms of uses and minimum lot
sizes and square footage. It also contains a cumbersome Pun overlay/waiver procedure
that should be avoided. However, the code offers some excellent illustrations on
differenttypes of urban form within a TND that is worth noting.
Davidson, NC - This TNDcode deserves notice due to its sheer comprehensive nature,
allowing for TND to be built by right in several undeveloped areas within the town's
zoning jurisdiction. The residential units allowed are specified in flexible "form-based"
contexts defined as "apartment houses", "attached house", and "detached house", instead
of land use districts.
11
Prince George's County, MD - 1999 Transit Oriented Development Code. This code has
been instrumental in the construction of the Largo Town Center in Prince George's
County, which is focused around the extension of the Washington, DC, Metro Blue Line.
Charlotte, NG - Mixed-Use Development District (MUDD) - The MUDD provides for
periodic review of the parking situation to insure that parking is. not over or under-
supplied. It has a very low basic parking standards and generous options for additional
reductions. Only one space is required for each dwelling unit, and only on space per
6000 square feet of non-residential use. Changes in building uses will not increase
parking requirements.
McKinney, TX - Housing diversity and affordability is better guaranteed by a
requirementthat at least four housing types from a list of eight (including large and small
lot houses,. live/work row houses and multifamily . apartments . and apartments ..over
commercial) must each have a minimum. of 5% of the units in each neighborhood. The
units are all provided at market rate.. This form of zoning provides a reasonable
alternative to "inclusionary" requirements for below market rate housing
Overcoming NIMBY Sentiment
Builders and developers may face initial opposition from adjacent residents to mixed-use,
most commonly a negative reaction to "higher density" or land uses not appropriate for
residential areas. What some Mvelopers or "new-urbanists" perceive as creating
convivial civic spaces. or uses such as coffee bars, neighbors will perceive as a nuisance,
degradation of quality of life and loss. of property value.
OLcourse,many local lawmakers' objections .. to new uses or untested kinds of
developments derive from neighborhood resistance, not from fiscal or policy concerns.
Therefore, by addressing the NIMBY concerns of neighbors, builders and developers
may make it much easier to win the necessary approval from local lawmakers. Generally,
people will be opposed to mixed-use because of close proximity of non-residential uses
to residential uses, cIoseproximity of rental homes, noise, traffic congestion, insufficient
parking, higher density and too much height and massing.
One of the leading experts in dealing with NIMBY sentiment is Debra Stein with GCA
Strategies in San Francisco, CA.. In her article "A Strategic Plan To Avoid NTh1BY
Problems", Affordable Housing Finance Magazine, she contends that overcoming
NIMBY sentiments can best be achieved through negotiation and persuasion.
The key to persuading neighbors that a mixed-use project may not result in a negative
situation is to convince them that they will gain a positive interest that they do not
currently enjoy, which may include higher home values, a new community center, new
features, traffic calming measures or clean-up of contaminated sites. Here isa real-
world example. A developer in Florida interested in constructing a mixed-use project on
a long vacant parcelofland encountered strong objections from an adjacent single-family
home community. After meeting with the neighbors several times, the developer vetted
the negative effect the neighbors feared most, increased traffic through their
12
neighborhood. To mitigate this influence, the developer offered to construct substantial
entry features and traffic calming devices along two residential streets at the point where
the two developments would meet. This offered the residents something they did not
have before a pleasing entry feature. into their community and traffic calming. while also
indicating a strong demarcation that this was a private community, to discourage pass
through traffic. The neighbors accepted the offer by the developer and did not object to
the approval of the project.
According to Debra Stein, along with persuasion, negotiation with objecting neighbors is
almost inevitable. Negotiation is best approached with the use of the 3 'Ms':
modification, mitigation, and magnanimity. Project modifications are often necessary in
order to mollify residentconcems and flexibility for such modifications should be. built
into the design phase of the project. Common modifications may include physical
changes to aproject involving density, height, acreage, and use. Mitigation may also be
necessary in this process. . A common mitigation technique is to provide attractive
landscaping and berming to soften exterior views of a project. Being magnanimous
during the process is also vital. Be generous and open to giving the surrounding
community amenities to help compensate for the new development's impact on the
surrounding neighborhood. The developer in Florida mentioned previously is a good
example.
Finally, while dealing with NIMBY objections, emotions typically overwhelm logical
analysis and reasonable facts.. A developer trying to reason with objecting neighbors
using facts, data and logical arguments may be easily frustrated by this behavior.
Emotional attacks can often become personal, or utilize the most innocent residents, such
as children and elderly as potential victims. Also, the unsubstantiated statement of
plummeting property values is commonly invoked. .. It is best for developers to be aware
of these common, unreasonable arguments and not become embroiled unless it is
reasonably the case, which it most often is not.
Conclusions
Although residential Mixed-Use Development has increased dramatically in the .last 10
years, it still makes up a fraction of the total arnountof new residential development
constructed each year. There is no reason to believe that single use residential markets
will not dominate the development sector for many years to come as well. However,
homebuilders and land developers should not underestimate the growing opportunities
within the mixed-use sector, not just in large metropolitan areas, but also in smaller
communities as well. Many of these communities have no mixed-use development
whatsoever, so lack of competing projects may prove to be financially lucrative.
Of course, the viability of constructing housing in mixed-use developments relies, in
large part, on how communities. regulate such uses and how existing residents will
respond to it. Communities must take action to minimize.regulatory barriers as well as
minimize the ability of NIMBY sentiments to discourage or delay developers, so that
these projects can become more viable to construct. It appears that the trend is slowly
moving towards easing the burden of constructing these communities as residents
13
become more familiar with the growing number of mixed-use developments across the
country. As stated in this paper, residential components of mixed-use development, as
part of a larger, diverse housing stock, can help achieve many of the goals espoused by
the smart growth philosophy. If communities speak of smart growth as something they
strive for, than they must take the actions necessary to allow it to happen.
14
Major Resources
(March 2003). Reshaping the Urban Form, Urban Land Magazine, Urban Land Institute,
Washington, DC
. (2002) Mixed-Use Development Handbook, Second Edition, Urban Land Institute,
Washington, D.C.
Benson, Jackie (Spring 2003). Selling Choice and Selling Experienc:e - Marketing
Traditional Neighborhood Developments, Land Development Magazine, National
Association of Homebuilders
Booth, Geoffery, Leonard, Bruce, and Pawlukiewicz, Michael, Ten. Principles for Re-
inventing America's Suburban Business Districts, (2002).. Urban Land Institute,
Washington, D.C;
Gosling, John (Summer 2002). Transit-Oriented Development (TOD) - Here to Stay,
Land DevelopmentMagazine, National Association of Home Builders
Kopfo Thomas (2004). Building Community: Live Gather. Play, Kopf, BuilderBooks,
National Association of Home Builders, Washington, D.C.
Kreager, Bill (Summer 2004). Opportunities for Infill, Land Development Magazine,
National Association of Home Builders
Langdon,.Phillip (December2004). A Year. of Ample Progress for New Urbanism, New
Urban News
Lewis, Megan, AICP (April 27, 2004) Form-Based Zoning, Zoning News, American
Planning Association
Miller, Jason. Smart Codes Smart Places. The National Association of REALTORS,
Washington, DC
Myers, Dowell, Gearin, Elizabeth, BaneIjee, Tridib, and Grade, Ajay (2002). The Coming
Demand, Congress for New Urbanism, San Francisco, cA
Payton, Neal (Summer 2002). Re-building in Older Neighborhoods, Land Development
Magazine, National Association of Home Builders
Ross, Lynn (April 27, 2004). New Urbanist Codes, Zoning News, American Planning
Association
Soble, Karen, Editor (2001). Transforming Suburban Business Districts, Urban Land
Institute, Washington, D.C.
15
Suchman, Diane (1997). Developing Infill Housing in Inner-City Neighborhoods
Opportunities and Strategies, Urban Land Institute, Washington, D.C.
Stein, Debra (September 2002). A Strategic Plan to Avoid NIMBY Problems, Affordable
Housing Finance Magazine
Steuteville, Robert (December 2004). Downtown Kendall, New Urban News
Tracy, Steve (2004). Smart Growth Zoning Codes: A Resource Guide Local Government
Commission, Sacramento, CA.
Zoning Reform Has Begun: Form Based Codes, The National Association of
REALTORS, Washington, DC
16
APPENDIX
Developed Mixed-Use Projects
Mixed-Use in Infilllocations
Orlando, FL - Baldwin Park
Denver, CO - Stapleton
West Palm Beach,FL -City Place
San Jose, CA - Santana Row
Arlington, VA - Clarendon Market Common
Workforce Housing
Pittsburgh, P A- Frick Park, Crawford Commons
Greenfield Locations
Jupiter, FL - Abacoa
Osceola Co, FL - Celebration. .
Gaithersburg, MD - Kentlands
Mixed-Use Development in Suburban Locations
Port St. Lucie, FL - Tradition
Sioux Falls, SD - Tallgrass Village
.. Burlingto1l, VT- South Village
Franklin, TN - Westhaven
Athens, GA - oak Grove
Calabash, NC -Devaun Park
Longmont, CO-Prospect New Town
Transit-Oriented Development. .
Addison, TX - Addison Circle
Santa Clara, CA -Rivermark
17