University of Texas Continuing Legal Education April 1, 2011

Transcription

1 University of Texas Continuing Legal Education April 1, 2011 Mark White White & Smith, LLC 230 SW Main Street, Suite 209 Lees Summit MO (816) phone (800) fax mwhite@planningandlaw.com

2 What is Infill? What are the benefits of Infill? Why isn't everyone do it? i? How can our community encourage infill?

3 Vacant or underused sites Developed areas with infrastructure Urban or suburban b

4 Small Lot Commercial Centers Adaptive Reuse Urban Redevelopment Brownfield Redevelopment Zombie Subdivisions

9 Small Lot Commercial Centers Adaptive Reuse Urban Redevelopment Brownfield Redevelopment Zombie Subdivisions Source: g general/zombie-subdivisions-the-living-dead-of-the-real-estatemarket/

10 New geographic markets Infrastructure efficiencies Fiscal lbenefits

11 37.5 (33%) 31.9 (28%) Married without kids Married with kids Single with ihno kids (10%) (21%) Single withkids (7%) Nonfamily households o

12 New Home Construction % Average building sf 1,700 2,320 36% Average lot size (sf) 10,125 16,454 63%

13 3,000 Average Home Size (U.S.) 2,500 2,000 1,500 1,

14 Year # Shopping Centers GLA (MSF) GLA / Center SF/ capita ,484 4,075 59, ,919 7,232 68, # 36,435 3,157 9, % 53% 77% 16% 39% Source: US Census Bureau, Statistical Abstract 2011

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16 Construction Costs Structured parking Steel construction Infrastructure upgrade Site contamination Market Low current demand Financing Irregular/small parcels

17 Zoning Uses Setbacks Building height Discretionary review Development Standards Impact fees / offsite improvements Parking Landscaping Stormwater management

18 Clarify rules Find lost space Remove unnecessary barriers Minimize risk Establish appropriate level of design

19 Zoning for Infill

20 Marshall v. Salt Lake City (Utah 1943) Residential C district created small utility zones for neighborhood conveniences Spot zoning challenge hll rejected: Here the general zoning plan of the city set within a reasonable walking distance of all homes in Residential A districts the possibilities of such homes securing daily family conveniences and necessities, such as groceries drugs, and gasoline for the family car, with fee air for the tires and water for the radiator, so the wife and mother can maintain in harmonious operation the family home, without calling Dad from his work to run errands.

21 Paranoia U Uncertainty t Delay

23 Building + Lot + Infrastructure t = Form Zoning Subdivision

24 10. Centroidal 9. Enfront 5. Building Disposition 4. Pedestrian Shed 8. Regulating Plan 3. Charrette 7. Calibrate 2. Immersive 6. Human Scale Environment 1. Transect

25 Results Control Acceptability Flexibility Mandatory standards d Point systems Lists Discretionary review Incentives Optional (permitted) Controversial Litigation potential Disregard Administration

26 Roof Garage Front Entrance Driveway

29 Reduce Setbacks Zero Setbacks Maximum Setbacks Contextual Setbacks

30 Adjust / reduce parking ratios Shared parking Rear parking

31 In lieu fees Shared parking Centralized parking Maximum parking / parking freezes

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33 Impact fee waivers Locational standards

34 Especially for urban infill and redevelopment sites, a designer's first obligation is to understand the past and present character of the area. Bernard Zyscovich, Getting Real About Urbanism: Contextual Design for Cities (ULI, 2008)

35 Source: City of Portland Infill Design Project (drawings); White & Smith, LLC (photo)

36 Non Regulatory Tools

37 Payback period is short Land is acquired below replacement cost The lender is familiar with ihthe dominant product type

38 Historic / low income housing tax credits Taxable and tax exempt bonds Housing trust funds Predevelopment grants and loans Construction loans Gap financing Soft second mortgages Credit enhancements

39 San Antonio, Texas

40 Design templates for multiple use use developments Optional Parts of UDC not applicable (e.g., buffers for commercial retrofit, tree preservation for conservation) Early in ordinance Permitted by specific use permit (or as of right) in designated zoning districts or areas

41 Community Revitalization Action Group (CRAG) Master Plan Infill City Reinvestment / Infill Policy Inner City Reinvestment Infill Policy Fee Waiver Guidelines SAWS Impact Fee Waiver Guidelines

42 Growth Management, Policy 1g: Continue to make physical improvements in the inner city to encourage redevelopment and infill development. Economic Development, Goal 4:Provide economic opportunities in targeted areas, particularly within Loop 410 and the southern sector. Neighborhoods, Policy1a: Rezone vacant orunderutilized property in and around neighborhoods to encourage redevelopment that is compatible in use and intensity with the existing neighborhood. Neighborhoods, Policy 1d: Promote conversion or adaptive reuse of vacant or underutilized commercial buildings to provide affordable infill housing.

43 Neighborhoods, Policy 1d: Provide incentives to the private sector to promote reuse of vacant or underutilized commercial buildings for affordable housing through such mechanisms as zoning and platting processing. Neighborhoods, Policy 2b: Amend the Unified Development Code to create mixed use districts. Neighborhoods, Policy4a: Preserve andrevitalize housing and promote targeted infill housing in neighborhoods, particularly older neighborhoods located inside Loop 410.

44 Permitted in most residential districts depending upon street location 0 front setbacks Urban Design Standards (base-middle-cap, fenestration, articulation)

45 Development of commercial parking areas Apartments above commercial storefronts No buffers required

46 ¼ - ½ mile of Transit Station or Major Bus Boarding Location Transit-supportive land uses (see Use Matrix) Traditional street design Minimum FAR No minimum parking within 500 ; reduced in balance

47 Pre mapping Location Community Revitalization Action Group (CRAG) target area Census Tract subject to Neighborhood Plan where at least two (2) are present: At least ten percent (10%) of the structures are abandoned; or At least ten percent (10%) of the platted lots are vacant; or At least ten percent (10%) of the lots or structures are subject to tax liens.

48 Uses Local Street = any use permitted in Base Zoning District Collector Street or higher classification = any use permittedin in the followingzoning districts: any Residential Zoning District, O (Office), NC (Neighborhood Commercial), C 1 (Commercial), C 2 (Commercial), C 3 (Commercial), or D (Downtown). Designation ordinance

49 0 setback (5 rear) No trafiic impact study Transportation only sidewalks apply Stormwater n/a to: reuse of existing building development of existing parcel or lot < 10,000 square feet No parks/open space, natural resource (including tree preservation), buffers No minimum parking Urban design Photos: Andre ew Spurgin & Mark White

50 Acres Transects Infill Village 10 T3, T4, T5 Infill Regional Center 20 T4, T5, T6

51 Designated on FLUM Secondary priority to vehicle mobility and primary ypriority to pedestrian environment & transit interconnection Community design features that Reduce the number of automobile trips or VMT and Support integrated, multimodal transportation system

52 Community design elements Mixed use Interconnected / complete streets Transit friendly densities and intensities Activities within walking distance Physical design New Urbanism public uses, streets, and squares that aresafe, comfortable, andattractive attractive for the pedestrian, with adjoining buildings open to the street and with parking not interfering with pedestrian, transit, automobile, and truck ktravel modes

53 rely primarily on nonvehicular modes of transportation analysis demonstrating that the existing and planned community design provide an adequate level of mobility financially feasible capital improvements design features within the district provide convenient interconnection for a multimodal transportation system may issue development permits without regard to timing Reduce impact / local access fees

54 Transportation Concurrency Exception Areas The Legislature finds that in urban centers transportation cannot be effectively managed and mobility cannot beimproved solely throughthethe expansion of roadway capacity, that the expansion of roadway capacity is not always physically or financially possible, and that a range of transportation alternatives are essential to satisfy mobility needs, Reduce congestion, and achieve healthy, vibrant centers.

55 Transportation Concurrency Exception Areas Municipal dense urban land area (DULA) Urban service areas (USA) in DULA County County DULA with > 900,000 and no (USA) Mobility strategies t including alternative ti modes Mobility fee study Permit extensions

56 urban design appropriate land use mixes, including intensity and density network connectivity plans needed to promote urban infill, redevelopment, or downtown revitalization

57 Urban infill development, Urban redevelopment, Downtown revitalization, i or Urban infill and redevelopment Florida Statutes

58 compact geographic area existing network of roads where multiple, viable alternative travel paths or modes are available for common trips. areawide level of service standard based upon an analysis that justifies areawide level of service how urban infill development or redevelopment will be promoted how mobility will be accomplished Florida Statutes

59 Maryland SmartGrowth Areas priority funding areas water/sewer industrial zoning average density 2 du/ac (existing) 3.5 du/ac (new) rural villages growth related projects only in PFA s analysis of infill and buildout potential

60 Infill is a win win Substantial regulatory and non regulatory challenges Up front planning can assist Texas law can accommodate innovative strategies