“A Better Way to Zone” comes to Washington Friday: a myurbanist exclusive, for now

In A Better Way to Zone, published last year by Island Press, Don Elliott, an accomplished Denver land use colleague, consultant and attorney, opens with “Zoning is not a sexy topic”. Obviously, he has not yet spent enough time in Washington State! This Friday, Don and I will share the presentation linked below at the annual conference of the American Planning Association’s Washington State Chapter, in Vancouver, Washington.

I first wrote about Don’s book in the July 14 seattlepi.com. The book’s subtitle is straightforward and foreshadows a direct approach: “Ten Principles to Create More Livable Cities”. Don spends some 220 pages on how zoning was supposed to work, and what went right and wrong. By page 137, he offers the ten principles of a better way to zone:

1. more flexible uses
2. the mixed use middle
3. attainable housing
4. mature areas standards
5. living with nonconformities
6. dynamic development standards
7. negotiated large developments
8. depoliticized final approvals
9. better webbing; and
10. scheduled maintenance

Don is not the first to surgically analyze the zoning tool and prescribe repairs. But in straightforward style, he offers each of his principles as specific “fixes” for patterned lessons of the past. And as someone who has worked in several major American cities and in developing countries, his “evolutionary… governance picture of the future” is based on experience as well as insight.

spare time urbanist

Ooops. Although the poster forgot the 97.5% law practice part of the resume, the click-through is an interesting summary of other cities’ regulatory efforts.

help with learning more about TOD, part 2

The initial myurbanist post on transit oriented development (TOD), highlighted two recently released reports. Here is an additional resource, a Powerpoint summary presented in Olympia about a month ago, which outlines findings after investigation of top barriers to vibrant urban centers and TOD in the University of Washington/Quality Growth Alliance “From Barriers to Solutions and Best Practices” report.

As also noted in the post, the recently released Futurewise/GGLO “Transit Oriented Communities: A Blueprint for Washington State”, provides an applied analysis of what makes for successful development around transit stations and general guidance for future legislation.

lessons learned from the development boom, redux

Last April 21, I wrote my first piece in seattlepi.com, and have not stopped since. I thought it would be worthwhile to “republish” here, as economic uncertainty stays with us well into the new year.

Infill development, or redevelopment of existing development, is among the key land use focal points in Washington State’s urbanized areas. As entrenched land use and environmental professionals, we have long advised clients on the broad range of due diligence, compliance and related issues which arise as infill development proceeds from planning to implementation. This advice has been practical by nature, not the stuff of daily dialogue. But suddenly, our entrenched professional dialogue is mainstream.

But have we lost a practical, implementation-based perspective?

“Green”, “sustainable” and “shovel ready”–and their older cousin, “smart growth”–have arrived with a vengeance, albeit often more as separate silos of ideas and inspiration than as interrelated elements of societal change. Even in a now slow real estate market, we now hear often from their advocates and thoughtful critics. How and where should we grow? Will the new residents of our region live, work and travel in a more sustainable way?

While former City Councilmember Peter Steinbrueck travels to Harvard in search of the ingredients of a more sustainable Seattle, former State Secretary of Transportation Doug MacDonald laments in Crosscut how growth management is not always working as planned, while national columnist Neal Peirce lauds the likely marriage of transportation and land use under the Obama administration–with the actual potential for silos of ideas to synthesize into cohesive programs with allied agendas.

As a long-time practitioner in the region, it is remarkable to see the dialogue emerge as never before, for debates to take center stage (witness the very public process over transit oriented development in South Seattle and Bellevue and the recent establishment of Seattle’s Green Futures Lab). Far more than entrenched and introspective professionals have become interested in land use patterns that conserve land, provide affordability and reduce emissions.

Absent large swaths of single-entity ownership such as South Lake Union, redevelopment of our current urban landscape will not be easy. As the pipeline of permitted and financed projects ebbs, we should take stock of what we have learned during the last boom–and look hard at how the silos and synergies will emerge on the ground.

Washington’s Growth Management Act (GMA) has designated urban areas for growth for almost 20 years.

1. In the Puget Sound region in particular, the existing character of a neighborhood may be subject to dramatic change as preexisting neighborhoods are replaced by more dense redevelopment.
2. Critical area and contamination constraints, governed by elements of GMA and related statutes such as the Shoreline Management Act and the Model Toxics Control Act (MTCA, the State’s cleanup law) have limited the amount of raw land available for straightforward development and often require sophisticated mitigation and/or remediation solutions.
3. In part to avoid long commute times, the live-work ideal has evolved as a major goal of mixed-use urban infill projects. As noted, transit oriented development has become a related driver of where people will live and work.
4. Cities such as Seattle continue to deemphasize traditional separation of residential from other uses and assumptions regarding parking and assumed modes of transportation.

Given the drivers influencing infill redevelopment, individual and interrelated projects can prove particularly challenging to assure an economic return and the absence of significant practical and regulatory constraints. From the private sector perspective, land must be accumulated in a rational pattern and permits and approvals obtained to allow for an economically and otherwise feasible project.

Infill redevelopment projects generate higher cost given the range of variables involved in the blending of old and new and assuring that existing neighborhood character is addressed in context. From the public sector perspective, GMA and regulatory consistency must be assured, as well as resource and human health protection achieved in concert with related environmental mandates.

Additional challenges result from a range of specific implementation concerns:

1. Assurance of Comprehensive Plan and Development Regulation amendments if necessary to assure implementation of project parameters that vary from traditional “Euclidean” zoning requirements or limited floor area ratio, height or excess parking
2. Project mass and building height may require preservation of
view corridors in an urban setting, either from a development regulation of State Environmental Policy Act (SEPA) context
3. Historic landmarks impacted by redevelopment plans must be addressed as required (e.g. Seattle Landmarks Preservation Ordinance)
4. Assurance that building, seismic and fire codes, as well as “green building” considerations can be met cost effectively
5. Assurance that impacts to neighbors will be managed appropriately, both from regulatory and public perception standpoints

Finally, as highlighted in a recent University of Washington study on “brownfields redevelopment”, infill sites constrained by historic contamination offer a key example of the balance that must be struck between the needs of the marketplace and the State cleanup law’s regulatory mandate to protect human health and the environment to the maximum degree practicable. The Department of Ecology is increasingly called upon to provide assurance to marketplace stakeholders, such as property purchasers, developers and lenders, over and above its more traditional role implementing a more mandatory or enforcement approach to site cleanup. The forms of assurance provided by Ecology, and the availability of staff, has become a key issue for infill projects where residential uses will be central to a project’s financing and marketing. Project acquisition and construction lenders and equity partners, as well as retail leaseholders and condominium lenders, residents and homeowners’ associations need assurance that site cleanup activities have met legal requirements.

In addition to the issues discussed above, urban redevelopment is often beset immediately with particular expectations or requirements to help solve urban and regional problems such as affordable housing and transportation. As these are elements of cost, a developer must find a way to contribute to resolution of these issues with the allowances of the project pro forma. Allocation of funds towards provision of transportation and affordable housing infrastructure and/or mitigation must be balanced against design and constructability decisions (constrained site construction and demolition challenges, quality of building materials, lighting, etc.), allocations of uses, parking and open/street spaces and vegetation.

The bottom line? Innovation will face implementation challenges that can benefit from practical lessons learned in recent years. The silos of design, regulation and financing must be addressed at an integrated, practical level if the now much-discussed sustainable growth models are to succeed.

is he still dreaming of Denver?

Last February 16, in “I Dream of Denver“, David Brooks wrote about places like Seattle, where Americans are drawn, because “they offer the dream, so characteristic on this continent, of having it all: the machine and the garden. The wide-open space and the casual wardrobes”.

I view it as one of the year’s more provocative articles, because Brooks teasingly tested the pedestrian and bicycle premise, and whether cities like ours will really “in short, finally begin to look a little more like Amsterdam.” After all, he said, based on a Pew Research study, “Amsterdam is a wonderful city, but Americans never seem to want to live there. And even now, in this moment of chastening pain, they don’t seem to want the Dutch option”.

Election Day in our region is a good time to remember Brooks’ dream, and to test his premise anew.