Learning from German Planning: Goals, Regulations and Ideas for the U.S.

CNU XVII June 10, 2009

Faith Cable Smith Partners

faith.cable@smithpartners.com

Overview • Similar Goals and Rating Systems:

LEED­ND & the German Assessment Matrix

• German Planning Regulations National, State & Local

• The German B­plan

• Comparing Regulating Plans – Ideas for the U.S. PUDs Form­Based Codes

Similar Goals and Neighborhood Rating Systems

LEED­ND (U.S.) & the Assessment Matrix (Germany)

Rating System Categories

• Smart Location & Linkage (SLL: 30 points)

• Neighborhood Pattern & Design (NPD: 39 points)

• Green Construction & Technology (GCT: 31 points)

• Innovation & Design Process (IDP: 6 points)

• Mobility/Location/Reachability (30%)

• Emissions (10%) • Microclimate (5%) • Use of Ground & Area (20%) • Nature: Flora & Fauna (15%) • Water (10%) • Energy (5%) • Townscape Scenery (5%)

LEED­ND Assessment Matrix

Comparison Categories

1. Location and Previous Use 2. Transportation and Reachability 3. Walkable Neighborhoods 4. Social Issues 5. Protecting Nature 6. Building Green 7. Minimizing Pollution

LOCATION

Best: Previously Developed + Infill Site + High Street Centerline Density Worst: Not Previously Developed + Not Adjacent or Infill Site + Low Street Centerline Density

Best: In a neighborhood center Ok: 15­30 minutes by transit or bicycle to a neighborhood center Worst: distant from a neighborhood center (30+ minutes)

LEED­ND Assessment Matrix

Source: Google earth

Credit given for number of total transit rides per weekday within a ¼ mile/400 m. (bus & tram) walk or ½ mile/800 m. (heavy rail) walk: Best: 500+ Rides Worst: 20­59 Rides

Transit graded by comparison with auto travel, considering: ­ type of transit ­ frequency ­ proximity to the station or stop ­ other stops along the line ­ regional connections

LEED­ND Assessment Matrix

TRANSIT

Bicycle network must connect 50% of buildings to 4 diverse uses within 3 miles (4800 meters) + Bicycle parking = 15% of car parking

Best: Smooth ground, safe traffic, connections between neighborhoods, reaches destinations Ok: Moderate accommodation, no hazards Worst: High traffic, no bike lanes, bad connections to destinations

LEED­ND Assessment Matrix

Source: City of Berlin FIS

BICYCLING

Credit given for number of diverse uses that are within a ½ mile (800 meter) walk Best: 10 Diverse Uses (+4) Worst: 2 Diverse Uses (+1)

Supply of daily needed goods: Best: are within walking distance Ok: are reachable by bicycle or transit in 10 minutes Worst: are further away and easier to reach by auto

LEED­ND Assessment Matrix

Groceries

Convenience Store

Post Office

Laundry/Dry Cleaner

Hair Care

Pharmacy

DAILY NEEDED GOODS / DIVERSE USES

Residential Density: Best: 71+ DU/acre (+7) Worst: min. 7 DU/acre (+1)

Non­Residential Density: Best: >3.5 FAR (+7) Worst: 0.75 to 1.0 FAR (+1)

Residential Density: Best: Lot Coverage: 0,6 & FAR: 1,8+ Worst: Lot Coverage: 0,1 & FAR: 0,1­0,2

Mixed­use Density: Best: Lot Coverage: 0,8 and FAR: 2,4+ Worst: Lot Coverage: 0,5 and FAR: 1,5<

LEED­ND Assessment Matrix

+1 / 7

12.5 DU/acre 21.8 DU/acre 35.0 DU/acre

+2 / 7 +3 / 7 (3,0) (2,7) (2,1)

DENSITY

TRANSPORTATION & REACHABILITY

• Reachability = Mobility + Access (Erreichbarkeit)

• Assessment Matrix Standard – Measurement: time­distance

• Reachable within 15 minutes? – By eco­mobility: transit, bicycling

& walking – & competitive with auto travel!

­ building entries on the street ­ minimum 1:3 building­height­ to­street­width ratio ­ continuous sidewalks ­ traffic speed: 20­ 25 mph

­ building setback 0­25 feet ­ ground floor retail ­ frequent building entries ­ no blank walls ­ ground level windows ­ on­street parking ­ street trees ­ shaded sidewalks

LEED­ND

WALKABLE NEIGHBORHOOD DESIGN

German Planning Regulations & Process

National State/Regional Municipal

At the National (Bund) Level • Federal Ministry of Transport, Building

and Urban Affairs – National Spatial Planning Law outlines framework, goals, principles and procedures

– Baugesetzbuch or “BauGB” establishes national regulations for local land use planning and development • Building/Land Use Regulations • Plan Drawing Requirements • Regulation on Determination of Value • Spatial Planning Laws

At the State (Land) Level • The State Spatial Planning Acts

specifics spatial development goals and sets boarders between densely populated areas and open space.

• The Regional Plan coordinates development with the provision of transportation and other public infrastructure.

At the Municipality (Stadt) Level • Flächennutzungsplan (F­plan): A Comprehensive/Zoning

Land Use Plan for a municipality over 10­15 years that is approved by the regional government. – It is binding for public agencies

– No basis for private compensation claims

Land Use Plan (F­plan), Freiburg, Germany

At the Municipality (Stadt) Level • Bebauungsplan (B­Plan): A Regulating Plan or “legally

binding land­use plan” provides the basis for the detailed and legally binding control of building development. – Derived from the Comprehensive Land Use Plan (F­Plan). – Can be prepared by a municipality in advance of development or from a developer’s plan

– Serves as a plat map.

The German B­Plan

Hamburg: Hafen City

+

Hamburg: Hafen City

Hamburg: Hafen City

Freiburg: Rieselfeld

Freiburg: Rieselfeld

Zoning Process – American Comparisons

1. Zoning Map ­ Commercial* ­ Residential* ­ Industrial* ­ PUD

2. PUD Master Plan (or site plan)

American Standard Form­Based

1. Regulating plan ­ Transects* ­ Use Zones* ­ Frontage type ­ Street type

1. B­plan 1.1 Use Zones

(Mixed­Use, Residential)

1.2 Height 1.3 FAR /

# of Units 1.4 Setback 1.5 (other bulk

criteria….)

German

*Regulating criteria for height & bulk listed by use­based category

B­plan Requirements Requirements for a Qualified B­Plan

1. Local traffic areas 2. Type of building use 3. Degree of building use and

amount of land to be built on 4. Text requirements

B­plan Requirements: (1) Streets

1. Local Traffic Areas. This may include sidewalks, bicycle lanes and other parts of the public right of way.

B­plan Requirements: (2) Use

2. The Type of Building Use: this regulates the type of building uses that are in the land use plan, such as general residential or mixed­ use area.

1. Small­scale residential (WS) 2. Exclusively residential (WR) 3. General Residential (WA) 4. Special Residential (WB) 5. Village Area (MD) 6. Mixed­Use Area (MI) 7. Town or city (MK) 8. Commercial Area (GE) 9. Industrial Area (GI) 10. Other Special (SO)

1. R1 Single­family District 2. R1A Single­family District 3. R2 Two­family District 4. R2B Two­family District 5. R3 Multiple­family District 6. R4 Multiple­family District 7. R5 Multiple­family District 8. R6 Multiple­family District 9. OR1 Neighborhood Office

Residence 10. OR2 High Density Office

Residence 11. OR3 Institutional Office Residence 12. C1 Neighborhood Commercial 13. C2 Neighborhood Corridor

Commercial 14. C3A Community Activity Center 15. C3S Community Shopping Center 16. C4 General Commercial 17. B4 Downtown Business 18. B4S Downtown Service 19. B4C Downtown Commercial 20. I1 Light Industrial 21. I2 Medium Industrial 22. I3 General Industrial

Minneapolis Overlay Districts 1. PO Pedestrian Oriented 2. LH Linden Hills 3. IL Industrial Living 4. TP Transitional Parking 5. SH Shoreland 6. FP Floodplain 7. MR Mississippi River Critical

Area 8. DP Downtown Parking 9. B4H Downtown Housing 10. DH Downtown Height 11. NM Nicollet Mall 12. HA Harmon Area 13. NP North Phillips

1. Small­scale residential (WS) 2. Exclusively residential (WR) 3. General Residential (WA) 4. Special Residential (WB) 5. Village Area (MD) 6. Mixed­Use Area (MI) 7. Town or city (MK) 8. Commercial Area (GE) 9. Industrial Area (GI) 10. Other Special (SO)

German Cities

1. Single­Family Residential R­1 2. Single­Family Residential R­1A 3. Large Lot Single­Family RS­1 4. Multiple­Family Residential R­4 5. Multiple­Family Residential RM­12 6. Multiple­Family Residential RM­24 7. Multiple­Family Residential RM­50 8. Neighborhood Office B­1 9. General Commercial B­2 10. General Business B­3 11. Neighborhood Commercial Center B­4 12. Central Business CB 13. Freeway Office and Service C­1 14. Freeway Commercial C­2 15. Freeway Commercial Center C­3 16. Freeway Office C­4 17. Freeway Mixed Use C­5 18. Regional Commercial CR­1 19. Industrial Park I­1 20. Limited Industry I­2 21. General Industry I­3 22. Industrial Park IP 23. Mixed Use CX­2 24. High Intensity Mixed Use HX­2 25. High Intensity Mixed Use With

Residential HX­R

Bloomington, MN 26. Commercial Service CS­0.5 27. Commercial Service CS­1 28. Commercial Office CO­0.5 29. Commercial Office CO­1 30. Commercial Office/Mixed Use

CO­2 31. Residential Office RO­24 32. Residential Office RO­50 33. Conservation SC District 34. Freeway Development FD­1 35. Freeway Development FD­2

Overlay Districts. 1. Planned Development PD

Overlay 2. Flood Hazard FH Overlay 3. Bluff Protection BP­1 Overlay 4. Bluff Development BP­2

Overlay 5. Airport Runway (AR­17)

Overlay 6. Airport Runway (AR­22)

Overlay

1. Small­scale residential (WS) 2. Exclusively residential (WR) 3. General Residential (WA) 4. Special Residential (WB) 5. Village Area (MD) 6. Mixed­Use Area (MI) 7. Town or city (MK) 8. Commercial Area (GE) 9. Industrial Area (GI) 10. Other Special (SO)

German Cities

B­plan Requirements: (2) Use 2. The Type of Building

Use: this regulates the type of building uses that are in the land use plan, such as general residential or mixed­ use area.

1. Small­scale residential (WS) 2. Exclusively residential (WR) 3. General Residential (WA) 4. Special Residential (WB) 5. Village Area (MD) 6. Mixed­Use Area (MI) 7. Town or city (MK) 8. Commercial Area (GE) 9. Industrial Area (GI) 10. Other Special (SO)

B­plan Requirements: (2) Use Restricted Residential (Reine Wohngebiete)

By Right: residential buildings

Conditional: retail & restaurants that serve the daily needs of residents; workshops; small hotels; religious, cultural, health, sports facilities

B­plan Requirements: (2) Use General Residential (Allgemeine Wohngebiete)

By Right: residential buildings; retail & restaurants that serve the daily needs of residents; workshops; small hotels; religious, cultural, health, sports facilities

Conditional: hotels, non­ disturbing industry, gas stations, office buildings

B­plan Requirements: (2) Use Mixed Use (Mischgebiet)

By Right: residential buildings; office buildings, retail, restaurants and hotels; workshops and non disturbing industry; religious, cultural, health, sports facilities

Conditional: n/a

* A mix of uses is required

B­plan Requirements: (3) Form 3. The Degree (Extent/Amount) of Building Use and

Amount of Land to Be Built On

Height/Bulk: – Number of stories (roman #) – Lot coverage ratio (“GRZ”) – Floor area ratio (“GFZ”) or the maximum number of units per building (2 “WO”)

– Construction: open or closed (“o”/ “g” ) – Roof specifications (pitch)

Open

Closed

B­plan Requirements: (3) Form 3. The Degree (Extent/Amount) of Building Use and

Amount of Land to Be Built On Lines: – Build­within lines (blue) – Build­to lines (red) – Property lines – Traffic lines

Other: – Wall height (“WH” 5,20 m) – Set back areas – Rules for parking and development

– Character of the nearby environment

– Window placement

B­plans: How do you read one? 1. Build­within line (blue) 2. Build­to line (red) 3. Property line 4. Plot number 5. Type of building use 6. Number of full stories 7. Lot coverage ratio 8. Floor area ratio 9. Construction 10. Roof pitch 11. Border of the B­plan

Adding Up the B­plans

City of Munich B­plans

Berlin: The B­Plan: in GIS!

The B­Plan Link

The B­Plan

Comparing Regulating Plans – Ideas for the U.S.

Lessons from the German B­plan

• PUDs → Fixing Administrative Challenges

• Form Based Codes → Design First, Codify Second → Decouple Use & Form

The PUD District: Regulation by Master Development Plan

Purpose of a PUD: • FLEXIBILITY • Mixed­use • Affordable housing • Environmental preservation • Cluster development • Quality design

PUD Submittal Requirements for a Master Development Plan

1. Building location, height, bulk and square footage; 2. Type and square footage of specific land uses; 3. Number of dwelling units; 4. Detailed street and utility locations and sizes; 5. Drainage plan, including pipes and water storage areas; 6. Grading plan; 7. Generalized landscape plan; 8. Generalized plan for uniform signs and lighting; 9. Plan for timing and phasing of the development; 10. Covenants or other restrictions; 11. Renderings or elevations of the entrance side of buildings to be

constructed in the first phase of the development.

Source: City of Minnetonka

Improving PUD Administration • The B­plan: all regulations on

one plan! Easy to integrate into GIS

• Clear Graphic Standards • More flexibility for better

administration: Easier to adjust building size and bulk on a parcel level than to create a new district or recalculate a PUD

Similarities to Form­based Codes: Design First, Codify Second

FBCs Commonly Include: • Regulating Plan • Public Space Standards • Building Form Standards

The Village at Hendrix Collage

Design First, Codify Second • German B­plan

– Drawn by city planning staff; sometimes based on a developer’s plan

• Form­Based Code Regulating Plan – Usually drawn by a consultant to a city (sometimes to a

developer); – Uses a “kit of pieces”

Design Limitations in the U.S. • City planning staff typically aren’t urban designers • Codifying better design is more easily explained

by graphic standards

Decoupling Use and Form The Prepackaged District vs. the Assemble Yourself District

Euclidean Zoning

PUDs

Form­Based Codes SmartCode

Austin’s TOD districts

B­plan

Prepackaged

Assemble Yourself

Decoupling Use and Form Regulating Plan for the Lamar/Justin

TOD Station Area Plan, City of Austin (98 pages)

• Land Use & Building Density – TOD Medium Density Residential Subdistrict – TOD High Density Residential Subdistrict – TOD Live / Work Flex Subdistrict – TOD Mixed­Use Subdistrict – TOD Corridor Mixed­Use Subdistrict

• Circulation, Connectivity & Streetscape • Site Development Standards • Building Design Standards

Decoupling Use & Form

Land Use & Building Density

Height Circulation & Building Setbacks

Regulating Plan for the Lamar/Justin TOD Station Area Plan, City of Austin

The German B­plan

Regulation for Sustainable Living • A “fine grained mix of uses”

– regulation at a pedestrian scale

• Retail serving residents’ daily needs is permitted by right

• Fixing PUDs – another generation of form­based codes?

My street in Berlin My grocery store