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Frankfort City Comprehensive Plan Charrette 3, March 8, 2006

Frankfort City Comprehensive Plan Charrette 3, March 8, 2006. Ordinances & Authorities. Bruce Frankel Indiana City Corporation. Ordinances. Zoning Forms Impact Fees Inclusionary Development Concurrence & Phasing Tax Policies for Redevelopment. Zoning Forms. Traditional Planned Unit

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Frankfort City Comprehensive Plan Charrette 3, March 8, 2006

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  1. Frankfort City Comprehensive PlanCharrette 3, March 8, 2006 Ordinances & Authorities Bruce Frankel Indiana City Corporation

  2. Ordinances Zoning Forms Impact Fees Inclusionary Development Concurrence & Phasing Tax Policies for Redevelopment

  3. Zoning Forms • Traditional • Planned Unit • Form-Based • Performance • Combinations of above

  4. ZONING Tradition [Euclidean] Separation by narrow range of uses and intensities in “districts”

  5. ZONING Planned Unit • IC 36-7-4-1500 • Moderate mixture of uses and intensities • Large parcels planned and developed as a unit • Phasing Plan • Promotes useful public spaces + land conservation

  6. ZONING Form-Based • Broad mixture of uses, separated by intensities • Restrictions center on permitted forms • Degrees of intensities [urbanization] moving from the center • Central business district form • Inner neighborhood form • Outer neighborhood and working landscapes forms

  7. ZONING Form-Based Zoning Principles

  8. ZONING Form-Based Design Components

  9. ZONING Steps Toward Form-Based Zoning • Inventory existing conditions of the jurisdiction: • Street, block and building types • appropriate form and massing of buildings • Identify a set of organizing principles for the spatial structure, based on: • neighborhood, district, and corridor • Transect, which defines intensity of activity based on the transect zone that applies • Street-system-based regulatory plan • Special purpose zones • Define urban design standards: • establishing commercial street design guidelines, with the goal of "shaping the public space of the street." • Define architectural standards: • E.g., building types and frontage types • Illustrate the standards, to make it easier for those who will be implementing the code.

  10. ZONING Transect Planning • Andres Duany • “Transect Planning,” APA Journal, Summer 2002, Vol. 68, No. 3 • The Transect is a natural law that can be observed anywhere and everywhere. A natural law is defined as a principle derived from observation of nature by right reason and thus ethically binding in human settlements. • The first appearance of the Transect as an intellectual construct was the “Valley Section” conceived by Sir Patrick Geddes early in the 20th century. • Currently promoted by the Congress of New Urbanism

  11. ZONING Transect Planning • Construct of human habitats • Vary by level and intensity or urban character • Range from natural to urban • Basis for organizing by the components of the built environment • Building • Lot • Land use • Street • Public space • Etc.

  12. ZONING Transect Planning

  13. ZONING Transect Planning

  14. Transect Planning

  15. ZONING By City – New Orleans, Washington, San Francisco

  16. ZONING By City – Miami, London, Paris

  17. ZONING Examples of Form-Based Zoning Codes • Chicago [refer to blackboard course doc]

  18. ZONING Chicago • The 1909 Plan of Chicago is one of the seminal documents of modern urban planning. • The city’s 1923 zoning ordinance was among the first in the nation • The 1957 ordinance introduced innovations • Since 1989, more than a dozen major amendments to the 1957 zoning ordinance—including provisions designed to protect the riverfront, improve landscaping, and limit building height.

  19. ZONING Preamble to the Form-Based Chicago Zoning Ordinance • Chicago is a city of neighborhoods— and the vast majority of its residential areas have a very consistent scale and character. • A new zoning ordinance should reinforce these established patterns, which will help stabilize property values and encourage continued investment. • Most of the city’s low- to moderate-density neighborhoods were built prior to any zoning regulations. Builders used common development practices for each area. Front and rear yards on any given block were generally of an equal size. Yards were used as yards, not as paved-over parking pads. Building heights were matched to the surrounding structures, not to what could be squeezed out of regulatory loopholes. During the past decade, however, many developments have deviated from those traditions.

  20. ZONING Principles – Residential Neighborhoods • Replace the bulk control formulas (FAR) used in some residential districts with building height, setback and coverage limits. • Eliminate front yard interruptions [“gap tooth effect”] —such as driveways, blank walls, and patio pits—while ensuring that residential buildings have consistent setbacks in both front and rear yards. • Remove the regulation that encourages high-rise residential buildings in areas where mid-rise development would be more compatible.

  21. Broad or Narrow range of uses Intensities and some uses conditioned on “performance” Performance = Impact on neighboring properties neighborhood city as a whole Evaluation of impacts [positive and negative] constitutes a “grade” [e.g., 75 of 100] Very sophisticated While traditional zoning specifies allowable land uses in each district, performance zoning specifies standards of land use intensity that are acceptable in each district. Performance zoning focuses on the performance of the parcel and how it impacts adjacent lands and public facilities, not on the use of the land. This gives municipalities and developers more flexibility in designing projects, because the use of a property is not restricted as long as the impacts to the surrounding land are not negative (as defined in the specific regulation). ZONING Performance

  22. Performance Standards • Performance Zoning Model Ordinance  Bucks County, Pennsylvania  • Natural Resource Protection Standards • Open Space & Recreational Standards [NRPA] • Architectural Design Standards • Community Facilities and Associated Cost Responsibilities • Fiscal Impact e.g., • Offsite infrastructure • School District Costs • Other Public Amenities e.g., • Art • Mixed Use [commercial and residential] • Non-gated [public access] • TOD [transit]

  23. ZONING Performance

  24. Ordinance “Concurrence” & Phasing • May require more broadly defined infrastructure in place at time of new development • E.g., public schools, police, fire and other essential facilities and services

  25. Ordinance Impact Fee • IC 36-7-4-1300 • Impact • Municipal or County Capital Budget only • Infrastructure hard [“direct”] and soft [“indirect”] costs • Land acquisition cost • Associated cost of • Planning [including comprehensive plan update] • Legal • Administrative • Other • Infrastructure • Sewer/ water/ drainage • Thoroughfare • Recreation • Calculate fee in accord with IC 36-1-3-8[6] and 7-4-1318-et.seq • pro rata impact over 10 years • Allows reduced fee for affordable housing • Resulting schedule of fee by type and intensity of development and an aggregate fee of every impact

  26. Ordinance Inclusionary Development • Establish districts for inclusionary development OR • Floating district as a conditional use • Exchange • Set-aside [e.g., 20% fee simple affordable d.u.’s] • Density bonus and other affirmative measures • Common features • Required fee simple ownership or required rental [not permitted on market rate units] • Indistinguishable façade and grounds from market rate units • Price controls for a period of time [e.g., 30 or more years] • Household income eligibility at time of initial occupancy • Affordable at 50% and 80% of County Median Income • Merits • Controls form and tenancy of subsidized housing and integrates into community • Developer provides subsidy • Does it produce MORE affordable housing? • Does it produce BETTER affordable housing?

  27. Innovative Affordable Housing • Pyatok’s Adaptive Reuse of • Big Box Retail • Industrial Michael Pyatok

  28. Break Up the BoxOutside Walled SecurityInterior CourtyardApartments

  29. Industrial to Live-Work Lofts • Potrero Square LoftsSan Francisco, California Formerly an industrial building in San Francisco's Potrero Square neighborhood, this brick structure was transformed to accommodate live-work lofts. Each loft has double height spaces and mezzanines. Five courtyards are carved into the mass of the 100-year structure to increase light and open space for the new occupants and a garage and elevator are included to meet their needs. The courts are carefully landscaped as surprising oases protected by a tough, brick fortress like exterior. Each unit has a large window facing a street and larger windows facing one or more of the interior courts. AwardsGrand Award for best Rehabilitation or Conversion 1994, Gold Nugget Awards, Pacific Coast Builders Conference

  30. Mixed Use DowntownIncludes Affordable Housing • Swan's Marketplace Oakland, California The renovation of this historic downtown Market Hall by the non-profit East Bay Asian Local Development Corporation includes a new fresh food market hall, restaurants, street oriented retail, 20 Cohousing condominium units and common house, 18 affordable rental units, live/work space, commercial office space, on-site parking and the Museum of Children's Art.

  31. Downtown Oaklandcontinued

  32. Tax Ordinance Tax Innovations for Redevelopment • TIF [Tax Increment Financing] • Special Assessment • Land Tax • Tax Abatement

  33. Tax Ordinance TIF [Tax Increment Financing] • Establish a redevelopment district • Set up a trust account • Capture increment in taxes from private improvements and market value appreciation [accounts for public improvements] • Reinvest the added taxes of development/ redevelopment back into the district • District need not be contiguous • SR 28 improvements support the downtown • Can issue public bonds based on projected TIF revenue stream • Mainstay of Circle Center Square with Simon Properties

  34. Tax Ordinance Special Assessment • Used for Code violations or abrogation of HOA responsibilities • Sequence: • City makes Improvements • Impose Special Assessment • Tax Default and Foreclosure • Tax Redemption

  35. Tax Ordinance Land Tax • Convert Property Tax in a Redevelopment area to • a tax on land only • [based on size and location, not improvements] • Features • Aggregate tax bill remains the same initially • Induces private improvements by removing the tax penalty; actually, if there is a penalty it is on not making improvements

  36. Tax Ordinance Tax Abatement • Tax Abatement • Phased-in • To induce redevelopment district improvements on private properties • Special assessment • As in “agricultural assessment” • But, could apply to other categories [e.g., historic districts] • PILOT [Payment In-Lieu Of Taxes] • Removal from the property tax rolls • PILOT to general purpose municipal government

  37. Tax Ordinance Types of Tax AbatementsBrownfield • Brownfield Revitalization Zone Tax Abatement • IC 6-1.1-42 • Assessed valuation deduction until the zone “expires” • Amount of Deduction • 3-Year [100%; 66%; 33%] • 6-Year [100%;85%;66%;50%;34%;17%] • 10-Year [100% and then decrements of 5-10%] • OR Local trust of State Taxes for revenue collected on redeveloped brownfield

  38. Tax Ordinance Deduction for Rehabilitation or Redevelopment of Real Property in Economic Development Area • IC 6-1.1-12.1 • Limited Economic Development Area to 10% of the area within corporate boundary • Excluded facilities [e.g., golf courses; retail food and beverage; alcoholic sales; auto sales] • Types of Deductions • 1-Year through 10 Years

  39. Tax Ordinance Other • Enterprise Zone Deduction of 1 to 10 Years • IC 6-1.1-45 • Historic District Deduction

  40. Authorities & Partners Corporate Sponsors Improvement Authorities Private Nonprofit Partners

  41. Corporate-Sponsored Housing • Mortgage Guarantees • Employees • Neighborhood-Based to raise market values • West-Philadelphia Initiative

  42. West Philadelphia Initiative • President Judith Rodin • Urban Land Institute's Award for Excellence • Components • University Square, a 300,000-square-foot mixed-use project that boasts a luxury hotel, the Penn bookstore, numerous retail amenities, and valuable green space • Hamilton Square, a 75,000-square-foot project featuring a specialty grocer, theater complex, and parking facility • The Left Bank, a 700,000-square-foot, previously blighted warehouse that the university acquired and converted into apartment units, retail, and offices • Penn Alexander Community School for students in grades pre-K-8 • Buy West Philadelphia fiscal year 2005 alone, Penn purchased over $70 million in products and services from West Philadelphia based suppliers, bringing the 10-year total of Buy West Philadelphia to $544.8 million. • Mortgage Guarantees to both faculty and staff to attract residents into the neighborhood.

  43. Authority Improvement Authorities • Housing • IC 36-7-18-19 • Redevelopment • IC 36-7-14-25 • Economic Development • IC 36-7-11.9-27

  44. Private Non-Profit Instruments • IRC Section 501c3 • CHDO [Community Housing Development Organization] • LIHTC • Home Program of HUD • CDC [Community Development Corporation] • CDFI [Community Development Financial Institution] • Community Development Banking and Financial Institutions Act of 1994, as amended (12 U.S.C. 4701 et seq.) • Federal Credit Unions • NMTC

  45. Housing Authority • Section 8 Housing Choice Voucher • Lafayette HA issues > 1,000 • Lafayette, W. Lafayette and 5 mile radius • Edie Pierce-Thomas - Director • Tax-Exempt Bonds for Affordable Housing • Low Income Housing Tax Credit Allocation

  46. Redevelopment • Assemble Parcels in blighted area • Sell under performance contract to developer • OR serve as the developer • Issue Tax-Exempt Bonds • Lafayette Redevelopment Commission • Dennis Carson - Redevelopment Director

  47. Economic Development • Issue Bonds • Self-Liquidating and Not General Obligation Notes • Conduit Bonding [Letter of Credit, not the Authority, guarantees] • Taxable Bonds • Tax-Exempt Industrial Revenue Bonds • <= $10M • < $2M with IFA’s Small Bond program • <= $250K for first time farmers on capital assets • <= 40 years • APR 65-75% of prime • 100% LTC • Eligible Activities • Manufacturing plants & equipment • Pollution control facilities • Qualified residential rental facilities • 501[c][3] organizations • Requires both EDA and City Council “inducement resolutions” • Coordinate with Municipal and County Tax Abatement and Other Incentives

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