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33 sources. In Boulder, Colorado, parking fees from downtown 80%. Grants awarded for planning activities may include parking meters fund the provision of unlimited ride bus public involvement; improving pedestrian and bicycle con- passes for downtown employees. Boulder's downtown park- ditions; development of new types of transportation financ- ing policies discourage automobile use by downtown ing or land use alternatives; better use and safety of existing employees by providing only short-term, on-street parking, roads, signals, and transit systems; and development of new while encouraging the use of transit by providing free programs and tools to measure success. Implementation monthly passes to downtown employees. In addition, the activities may include community preservation activities to Community Transit Network in Boulder is supported with implement TOD plans, traffic calming measures or other additional funds from the city and, for some routes, Colorado coordinated transportation, and community and system University. The operating costs associated with higher levels preservation practices. of service, over and above the service levels acceptable by the RTD in Denver, are subsidized to encourage a greater transit market share in the city. Tax Increment Financing TIF is a tool available to fund improvements within a defined In Orlando, Florida, the infrastructure development for area. TIF funding is frequently used in conjunction with the downtown circulator system, LYMMO, was funded TOD projects. Property values are frozen at a base level and through the city's Downtown Development Board and the the increment in taxable value above this base, multiplied by Community Redevelopment Agency. The city contracts with the tax rate, is then available for capital improvements. LYNX to operate the LYMMO service and funds the opera- Advance planning is required to take advantage of this source tion through the use of downtown parking revenues. because setting up a TIF district can take some time and may require intergovernmental agreements. Planning Funds Land Incentives In some areas, planning and capital funds are available to plan and coordinate transit and land development projects. The provision of land incentives is another strategy to suc- The Metropolitan Transportation Commission in the San cessfully integrate transit service into land developments. Francisco Bay area provides grants through its Smart Land incentives are frequently used in joint development Growth/Transportation for Livable Communities program. projects. The assembly of disparate land parcels into one This program offers planning grants, technical assistance, package is very helpful to developers, who often cannot capital grants, and a housing incentive program to help cities devote resources to this time-consuming task. King County's and nonprofit agencies develop transportation-related proj- TOD program as described earlier also provides an example ects that support connectivity between transportation invest- of land incentives. King County Metro has leveraged owner- ments and land uses. ship of its surface park and ride lots to negotiate for improved facilities within new developments. VTA in San Jose, California, has a planning grants program and a capital grants program to support the imple- mentation of the concepts and principles outlined in the REGULATORY TOOLS Community Design & Transportation (CDT) program. The Regulatory tools that can assist in the provision of appropri- CDT program is designed to unite VTA transportation plan- ate land uses supportive of transit use are zoning, controlled ning, land use, design, and development activities. CDT is growth, Adequate Public Facilities Ordinance (APFO), and VTA's primary tool to advance projects, practices, and poli- state-mandated planning processes. Zoning was cited by a cies that better integrate transportation systems and land number of the respondents as a successful strategy. The use uses. It focuses on how the design of transportation systems of controlled growth strategies, APFOs, and state-mandated and developments can optimize both travel options and com- planning requirements is limited to those areas that enacted munity livability. such legislation. It was apparent from the survey results that transit planners are largely unfamiliar with regulatory strate- Although much of this funding is earmarked, funding for gies. This is not surprising, because the use of regulatory planning is available through the Transportation, Commu- tools is normally outside the purview of transit planners. nity, and System Preservation (TCSP) program authorized by SAFETEA-LU, Section 1117. States, metropolitan plan- ning organizations, local governments, and tribal govern- Zoning ments are eligible recipients of TCSP program grant funds. Transit and highway projects that enhance TOD are eligible, Zoning is the fundamental method of land use control by local along with other broad categories of projects that improve the governments. Well-thought-out zoning regulations guide the efficiency of the transportation system and reduce its impacts location and intensity of development. In some areas, how- on the environment. The federal share of TCSP projects is ever, zoning codes are written to prevent undesirable results,

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34 rather than stating how things should be. It is better to use zon- proximity and encourages more pedestrian traffic. Large ing to describe what is desired rather than regulate against zones of single individual land uses discourage walking what is unwanted (Bartsch et al. 2001). Inappropriate zoning between land uses and therefore encourage use of the auto- regulations can create increased dependence on the automo- mobile. Reducing the zone size will bring compatible zones bile, the disappearance of open space and natural areas, and within walking distance of one another. higher infrastructure costs. Local governments generally have control over land use The traditional zoning code used most frequently is the and zoning. However, many transit agencies, especially the "Euclidean" code. Euclidean zoning is named after the vil- larger ones, have hundreds of local governmental agencies to lage of Euclid, Ohio, whose regulations were upheld in a deal with. This is a problem for agencies that wish to promote landmark 1926 Supreme Court case. Euclidean zoning is typ- changes in local zoning codes. "Shopping" a package of rec- ically based on a system of zoning districts (residential, com- ommended zoning reforms to more than a handful of local mercial, industrial, etc.), a list of uses associated with each governments is a daunting task. This could be overcome in part district, and dimensional standards, which may include lot by presenting the new zoning ideas to groups of local elected size, setbacks, and building height. The disadvantages of officials and other decision makers at regional meetings. traditional zoning are that it is not flexible to respond to the special needs of a particular site, and because it is not pre- Cleveland, Ohio, has been revamping its zoning code for scriptive, the development's ultimate "look and feel" is the last several years. It has created new districts for planned uncertain. Euclidean zoning also discourages mixed-use unit development, pedestrian retail overlay, livework over- development--land use that is conducive to transit. lay, and urban townhouses. In the mid-1990s, the Cleveland City Planning Commission approved the creation of smaller There are several zoning tools available to local govern- urban lots where such lot sizes are characteristic of the neigh- ments that are more flexible and will encourage and support borhood. Cleveland has also instituted a prohibition on the the integration of transit service and land development. One creation of downtown surface parking lots. This was to pre- example is the designation of a transit zone or use of transit vent widespread demolition of older buildings to create park- overlay zoning. These can allow, for example, the provision of ing lots for the Gateway sports complex. This has contributed mixed-use developments at high density where high-quality to the preservation and reuse of downtown buildings. transit service is provided. Minimum densities or floor area Recently, the Midtown neighborhood in Cleveland adopted ratios can be set for these zones, as can reduced setback form-based zoning in part to complement the Euclid BRT requirements or maximum parking requirements. These mea- corridor. sures also provide a financial incentive for developers. Over- lay zones can also be created to support other purposes such as pedestrian mobility or historic preservation. Form-Based Zoning Planned development zones or planned unit developments Form-based zoning is used to regulate the "form" of the envi- provide a process to bend rigid rules in favor of better site ronment. It prescribes the desired physical form of a com- design and land use patterns. The advantages associated with munity, as opposed to traditional zoning, which attempts to these zones are maximum design flexibility and the ability to control land use and density. Form-based zoning is generally negotiate public benefits that would otherwise be unattain- developed in concert with a community visioning process. able. Because planned unit developments are negotiated on a Residents are asked how they want their neighborhood to development-by-development basis, the unique transit needs look and an illustrative plan is drawn to fit that vision. The of each site can be addressed for each development. next step is to transform the illustrative plan into a more detailed regulating plan. Incentive zoning encourages particular development aspects through incentives such as density bonuses, fee The regulating plan indicates where form-based codes waivers, expedited review, and reduced parking require- apply. It includes illustrations of projected building foot- ments. Incentive zoning is often used to encourage TOD, and prints, location of public spaces, and allowable building could be used to integrate transit facilities into new develop- types for each site. Standards are written to describe the ments. Incentive zoning leaves the option to the developer as physical elements of the plan. Building standards are devel- to whether the development takes advantage of the offered oped for each building type and typically include minimums incentives. The use of incentive zoning requires a delicate and maximums for building height, site requirements, balance between providing sufficient incentives to attract dimensions, and building elements such as windows, doors, developer interest, but not generating so much interest that and courtyard placement. Thoroughfare standards are essen- the incentives are overused. tial to establish a coherent and efficient street network. Some elements that these standards cover include parking lanes, The reduction of zone size is a simple method under tra- sidewalks, and medians. Other standards within form-based ditional zoning that brings differing land uses into closer zoning describe landscaping or architectural details.

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35 Controlled Growth two programs, the open space program has had the greatest positive influence on encouraging transit-supportive devel- Controlled growth is another strategy that encourages the opment within the city of Boulder. type of land use that can sustain transit. Several of the tran- sit agencies responding to the survey cited the use of various In 1997, the Denver Regional Council of Governments controlled growth measures in their areas as successful tools published the Metro Vision 2020 plan, which included a vol- that support transit. untary 750-square-mile urban growth boundary. The Metro Vision 2030 plan, adopted in January 2006, retained the The Washington State Growth Management Act (GMA) urban growth boundary at 750 square miles despite develop- passed in 1990 is one of the most aggressive statewide growth ment pressure to expand the zone. The organization has management laws in the country. The GMA was created to worked with local governments to promote the characteris- address uncoordinated growth, improve quality of life and tics of smart growth and has encouraged them to include economic development, and protect critical areas. In 1991, it growth boundaries in their own plans. created growth management hearings boards in three areas to resolve land use disputes quickly. The GMA requires state and local governments to prepare comprehensive plans and Adequate Public Facilities Ordinance implement them through capital investments and develop- ment regulations. By all accounts the GMA is still a work in Another method used to control growth is an APFO. The pur- progress, being both criticized and praised by different groups pose of an APFO is to ensure that the public facilities needed within the state. In a report conducted for the National Asso- to support a proposed new development are in place concur- ciation of Realtors, Douglas Porter (2005) found that the rent with the development's opening. It also requires a GMA had succeeded in promoting comprehensive planning connection between the area's development plans and the by local governments, in using development to improve com- capital improvement program. APFOs can be written for spe- munities, and in preserving sensitive environmental areas. cific, publicly provided facilities such as schools, or they may encompass a host of public facilities, such as water, sewer, In 1973, the state of Oregon passed state-wide planning transit, roads, etc. APFOs encourage development where legislation to preserve farm and forest lands, manage urban adequate facilities are already provided, such as infill devel- growth, control rising public costs, and conserve natural opments in urban areas. resources and coastland. The legislation requires the desig- nation of Urban Growth Boundaries (UGB) for all munici- State-Mandated Planning Process palities in the state. The land within the UGB is supported with public services such as water and sewer, schools, The LYNX and Omnitrans case studies illustrate the transit parks, roads, and police and fire protection. UGBs concen- benefits of having a legislative framework in place. The trate public resources for a more cost-efficient provision of states of Florida and California have passed laws requiring a services, and they clearly detail where future development structured review process for certain developments. These will occur. laws make it possible for the transit agency to become involved early in the development design process. Early par- In states without controlled growth laws, some local gov- ticipation greatly assists in the successful integration of tran- ernments have passed reforms to concentrate development sit into new developments. and thereby support local transit systems. Citizens in Boul- der, Colorado, have twice voted to tax themselves to support These state laws do not attempt to control land use. and expand the city's open space program. The open space Rather, they provide a forum for the public to review and per- program limits the amount of land that is available for devel- haps influence the form of proposed developments. The opment. In addition, Boulder instituted a 2% annual cap on prevalent preference for a market approach to development the residential growth rate in the late 1970s. This slowed res- in the United States has an impact on local regional plans and idential, but not commercial or industrial growth. Within regulations. Legislative requirements to include transit agen- Boulder this policy has created an imbalance between jobs cies and other stakeholders in the development review and population, which causes increased congestion. Of the process can improve the quality of the environment.