Saving the World Through Zoning:The Sustainable Community Development Code

Presented by James van Hemert, AICPExecutive DirectorRocky Mountain Land use InstituteUniversity of Denver, Sturm College of Law

IHS, Erasmus UniversityRotterdam, NetherlandsApril 2008

Outline1.Major global issues2.The zoning dilemma3.The Sustainable Community

Development Code4.Reflections on American

city planning

Peak Oil

Hubbert’s Peak

Food vs. Fuel?• Corn up from $2/bushel in 2006 to

$5/bushel today• Wheat up three-fold in ten months

reaching nearly $20 a bushel

World Food Crisis• Food riots in Mexico City and now

around the world

Global population increaseCurrent populations (in billions)

1. China: 1.32. India: 1.1 3. USA: 0.3

Estimated 2050 populations1. India: 1.6 2. China: 1.43. USA: 0.45

Shanghai, China

Seoul, South Korea

ManilaPhilippines

Increasing competition for resources

• The Tata “Nano”

Passenger cars/1000 people

USA: 500China: 10India: 7

Climate Change: melting polar ice & rising sea levels

Drought, fresh water shortages

Species extinction

The USA’s contribution to global environmental and resource issues

• 5% of population, consumes 25% of energy resources

• Wasteful land use patterns:– Auto dominated transportation – Local control of land use– “Euclidian” zoning mandates separation

of uses and low densities

Legally required sprawl

Land use and transportationUSA: the built environment = 68% of energy use

USA population now 300 million+By 2040 year +130 million more people *In next 32 yrs. the USA will need to build:

• 89 million new residential units!*• More new non-residential development than all

that now exists!*• + 90 million additional automobiles*A. Nelson & R. Lang, The Next 100 Million, Planning 4, Jan. 2007** Estimate based on present USA +3 million vehicle yr

Some obstacles and misguided “solutions”

Senator Edward Kennedy and other NIMBY “environmentalists”

Some obstacles and misguided “solutions”

Solar panels on large mansions

Some obstacles and misguided “solutions”• Solar Parking Garages?

World’s first sustainable solar-powered parking structure.” –Santa Monica, California

The problem of Green Buildings in “Green Fields”

• Transportation Energy Intensity of Buildings– The World’s first LEED platinum

building is not so green…• Worker Commuting

– Ave. office bldg. = 30% more energy than bldg.– New office bldg. =100% more energy

How Can a Development Code Support Sustainability?

•Development codes CAN help address critical issues:

–Climate change–Energy–Food production and security–Health–Water quality and supply–Public safety–Wildlife habitat protection

Innovative framework1. Comprehensive2. Integrates natural and man-made

systems3. Progressive4. Based on comprehensive policy plans

and public participation 5. Tailored to local and regional climate,

ecology, and culture

Included in this first beta version are the following components:• Renewable energy (solar and wind)• Food production and security• Community health and safety• Housing affordability• Housing diversity• Water conservation

Will include these categories• Environmental Health and Natural

Resources• Transportation and Mobility • Natural Hazards • Urban Form/Community Character• Public participation

Renewable energy—solar devicesRemove Obstacles

Bronze• Ordinances or private

covenants that restrict solar energy devices

Silver• Allow adjustments to yard

setbacks or other regulations

Gold• Allow alternative compliance

Renewable energyIncentives

Bronze• Reduce fees

Silver• Relax height or setbacks for solar concepts

Gold•Density bonus for solar concepts

Renewable energyStandards

Bronze• Require solar access for

key plan features

Silver• Require variation in lot width and building placement

Gold•Require solar site orientation•Guarantee solar access with no blocking•Require solar energy production

Code Examples/Citations• Los Angeles, Historic Preservation Overlay,

available online at http://www.dsireusa.org/documents/Incentives/CA04R.htm.

• Fort Collins, Colorado Land Use Code, Solar Access, Orientation, and Shading, available online at http://fcgov.com/cityclerk/codes.php.

• Gresham, Oregon Development Code, Solar Access Standards, available online at http://www.ci.gresham.or.us/departments/planningServices/dp/code.asp#code.

• Multnomah County, Oregon Solar Access Provisions for New Development, available online athttp://www2.co.multnomah.or.us/Community_Services/LUT- Planning/urban/landdiv/ld_nav.html.

Food Production and Security• KEY STATISTICS:• In 2006, the U.S. imported more food by value than it

exported.• Every minute the U.S. loses 2 acres of farmland. • average item of food in the U.S. travels 1,400 miles

to the dinner table.• Chicago has 70,000 vacant lots, Detroit 45,000,

Philadelphia 31,000.

Food security & productionRemove Obstacles

Bronze• No restrictions for agricultural uses in rural areas• No restrictions for farmers markets in commercial and mixed use zones

Silver• Enact right to farm legislation toprotect against nuisance complaints

Gold• Permit small scale farming insuburban residential zones

Food security & production

Incentives

Bronze• Conservation subdivisions

Silver• Density bonuses for preserving agricultural land

Gold• Transfer of development rights

Food security & productionStandardsBronze• Urban farming– allow for park land exaction or dedication•Restrict incompatible uses in agricultural zones—e.g. low density residential

Silver• Permit urbanhusbandry--chickens

• Protective agriculture-onlyzone districts

Food Security & Production

Gold• Urban gardens meet open space or park

land dedication requirements

Housing affordabilityKEY STATISTICS--USA• Increase in housing prices exceeds rate

of wage growth• In 2006, a household of three minimum

wage earners that worked full time could not afford a two-bedroom unit at $848, the national average Fair Market Rent

• Police officers typically earn less than required to purchase a median-priced home in the majority of metropolitan areas

Housing affordabilityRemoving ObstaclesBronze• Accessory dwelling units by rightSilver• Waive building permit caps• Waive impact feesGold•Remove large minimum lot sizes• Duplex and multi-unit hosing in more or all districts• Mixed use by right near public transit

Housing affordabilityStandardsBronze• Inclusionary requirementSilver• Linkage fee for non-residentialGold• Comprehensive regulatory program for all

development

Community HealthStandardsBronze• Require sidewalks both sides of streetsSilver• Require bicycle and pedestrian amenities

such as lockers and showersGold• Use pedestrian and bicycle levels of service

(LOS) for transportation impact analysis

Water Conservation•Drought tolerant landscaping•Water re-use•Greywater

Storm water management• “Low Impact

Development” and permeable drainage

Reducing carbon emissions•Require Green Roofs

–Green roofs offset CO2emissions–Help cool off cities

Green Roofs—The Next Wave??Rooftop garden

on car

Conclusion• Reflections on American urban

planning in the 21st century

SUSTAINABLE COMMUNITIES BEGIN WITH

SUSTAINABLE DEVELOPMENT CODES

Rocky Mountain Land Use InstituteJames van Hemert

jvanhemert@law.du.edu

www.law.du.edu/rmlui