The Zoning Code makes the Comprehensive Plan Illegal? WTF?

 

 

 

despair-head-in-hands
I can’t build what the Comprehensive Plan requires, because the zoning won’t allow it? WTF???!

 

Warning! Planning Geek stuff ahead….

Most state have a law on the books that requires municipalities to adopt a Comprehensive Plan (called a General Plan in California) that will guide local investments in transportation, schools, parks, fire trucks, hospitals, and sewer plants.  Once the Comprehensive Plan (Comp. Plan) has been adopted, the municipality is supposed to revise their local zoning codes and development ordinances to bring them in line with the goals and policies of the Comp. Plan.  So the Comp. Plan is the big idea, the thoughtfully considered suite of policies that should guide the finer-grained rules and regulations that developers are required to follow if they want to build something.

Here’s a common problem.  After going through a long string of cathartic public meetings, charrettes, visioning sessions, etc. to prepare the Comp. Plan, Downtown Master Plan, Corridor Plan, etc., the mere mortals that staff the local planning department or sit on the planning commission and the city council are kinda burned out.  The unglamorous task of revising the zoning code tends to get delayed or forgotten.  Sometimes there is  just no money in the budget to get the zoning code revisions done.

If developer shows up proposing a project that is in line with the general policies of the new Comp. Plan but violates the specific rules of the old zoning code, the only path forward is some sort of Planned Development Permit (PD), Planned Unit Development (PUD), or some similar additional process designed to allow greater flexibility that is allowed under the letter of the zoning code.  PD’s and PUD’s require require additional applications, additional review by the planning commission, and typically a public hearing.  In the meantime, if someone wants to build some crappy project that violates the policies of the new General Plan, but is specifically allowed under the old zoning code, they could do that as an as-of-right project. That’s just bullshit.  Imagine how local residents who participated in all those visioning workshops for the Comp. Plan are going to feel when they see that crappy project get built.

I think that putting this statement on the front cover of every Comp Plan to save people a lot of time, money and frustration:

“WARNING! This is a feel good scam. We have no intention of actually changing the rules to allow you to build any of it without special permission and a number of public hearings with local residents who have not read this document.”

If your community wants to see the vision of their Comp. Plan actually get built, get serious about changing your zoning code.

Why is it so hard to build a decent building?

carpenter
What will it take to return scale and care to building?

In a recent Facebook post my friend and colleague Steve Mouzon, author of Original Green, posed an important question:

“Why is it that when there is an attempt to recover a lost tradition, that which is built is not the tradition but rather a cartoon of that tradition –have we lost the ability to see clearly?”

I think our habits of building are fractured and out of sync. We can’t seem to capture the rhythm of the mechanics of design and construction well enough to transcend a stilted mechanical approach. The people who built the traditional houses of the late 19th and early 20th centuries had habits of building that were reasonably intact. We try our best to be fluent in a language that, if not dead is at least seriously wounded. While some struggle to produce drawings that communicate well, others struggle to read them well and then launch ahead sure that they’ve “got it”. We trust our brains when we probably have little reason to. Everyday tradeoffs in building present themselves with reliable frequency. We are not wired to be obsessive or hyper-vigilant when performing carpentry or ordering lumber. At some point, you believe that you have a handle on the task at hand. Even hearing someone explain that “We do this because…” can feel abstract and a somehow disconnected. Skipping over the surface of a tradition feels pretty profound, so you don’t know that you are supposed to be diving deep. We are thrilled at building something that seems darned good compared to today’s usual habits of building, so we can’t see a more sublime experience just a few steps away.

Imagine that you are a housewright in 1889. You spent the winter producing window sashes, doors, moldings in your barn with the collection of hand planes and the Asher Benjamin handbook you inherited from your dad. In the spring you lay up a stone basement and start framing a house. When it comes time to install those windows, doors and trim your grasp of to how the pieces go together makes so much more sense than someone setting windows and coping trim today. Whether in the design studio or the field, it is rare for us to get Malcolm Gladwell 10,000 Hours in on the full arc of the work, on the habits of building. So, yes, Steve we have lost the ability to see clearly.  These days we see as if through a glass darkly. We need the discipline and structure of craft and habit to recover our sight. Today the flow that emerges from that discipline and structure is not available to most. On a good day some talented people provide us with some well-intended choreography of a dance few of us have ever seen performed by someone with real mastery.

She tells this story way better than I do…

sarah kobos
Sarah Kobos, the Bard of Tulsa

 

Writing is hard.  Sarah makes it look easy.  Take a look at how she describes the mechanics of a team exercise from the Incremental Development Alliance’s Small Developer Boot Camp.  She lays out that rather technical set of tasks and rolls right into the real world limitations of the moldering zoning codes you find in most cities these days.

Accidental Urbanist

My favorite quote from Sarah:

“Everyone has sexy dreams, but as a developer it’s important to maintain a long-term, monogamous relationship with math.”