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  • This presentation uses LEED-ND as a point of reference to identify so-called “green standards” that are appropriate for Zoning Ordinance reform. Where specific LEED-ND standards are not included in the presentation, it is our opinion that these are not applicable to Zoning, not necessary to regulate, or not easy to regulate.
  • LEED-ND shows promise in the way it is structured. The standards illustrate the link between Planning, Zoning and Building “Fit Out”. This is a more comprehensive, integrated view. This presentation examines the applicable elements from the first three categories.
  • Many of the standards that fall outside of Zoning can be addressed through municipal planning and/or capital improvements.
  • Bicycle storage is more applicable to zoning than bicycle network and communities can consider requiring these amenities in a manner similar to what is done today with parking spaces.
  • Steep slopes are successfully addressed by many RI communities in their zoning and/or land development regulations. LEED-ND presents a tiered set of allowances hat can be applied for this credit. Removing slopes of a certain severity from your definition of “developable land” can help compliance with this credit.
  • Site design standards, especially for districts that are meant to be walkable, should include these or similar criteria. Remember that these criteria are a pre-requisite for the certification.
  • The densities here can be allowed through out a zoning district as a by-right base density, or can be offered as part of an incentive package for other tools like inclusionary zoning or transfer of development rights. These densities are prerequisites. All densities are calculated per acre of buildable land.
  • These densities are above and beyond the prerequisite levels in most cases and do not consider proximity to transit. Density calculations are per acre of developable land.
  • Ensure that the right blend of uses are allowed by right within the target district and stay away from the special use permit where possible.
  • Inclusionary Zoning is probably the best tool to capture this standard and can be required for certain districts/housing types or allowed as part of an incentive package.
  • Some of these can fit into zoning tools, while others like carpool and shared use are better left to administrative tools or incentive packages.
  • This is an activity that is too often overlooked by zoning and should be directly addressed as both a primary and accessory use.
  • Landscaping standards are becoming much more comprehensive as the accessibility to nursery stock and high levels of design expertise increase. Communities should approach this subject with confidence.
  • As part of a landscaping ordinance, standards for selection of species and whether its appropriate to specific areas on the site should be spelled out.
  • This credit can be established through site design criteria, but more important is requiring the right information for construction and post construction phases.
  • This credit can be obtained through a variety of different standards that can be used in combination with one another.
  • These pictures demonstrate the dramatic effect that moving away from conventional blacktop can have. Using grassed surfaces for spill over parking can also have an enormous impact on the heat island effect.
  • Orienting blocks and streets can be a great way to facilitate active and passive solar benefits, but may have limited applicability in Rhode Island where large planned developments rarely occur.
  • Building orientation may have more applicability and depends on the architect’s selection of roof orientation. Don’t be discouraged if the street don’t lend themselves to solar exposure. Have the developer site houses either perpendicular or parallel to solar pathways as appropriate.
  • LEED-ND provides a good site design framework, but stays away from the building aspects. This is left more for the LEED ranking systems for buildings. However, it is important to consider which of these building standards may be appropriate to zoning. Where there are doubts as to what may be acceptable, consider incentive packages.
  • Allowable technologies for on-site renewable energy cover many options and LEED-ND provides a tiered approach for achieving higher points with more energy production. If using this in zoning ordinance requirements as part of incentive, make sure energy budget calculations are part of the application requirements.
  • Lighting ordinances today deal with the amount, direction and trespass of illumination.
  • Lighting standards are becoming far more complex due to the manner in which the technology is measured, the quickly evolving technology, and the challenge of enforcing the standards over time.
  • into this instead. Here, in this visualization, Urban Advantage shows an economically strong, vibrant streetscape, complete with many modes of transportation, green infrastructure and an obvious character and charm. Communities like this are what LEED-ND is all about.
  • Suburban shopping malls of the past Transforming into places with multi-modal accessibility pedestrian-scale development Green infrastrucutre Mix of uses SENSE OF PLACE! Creating communities of lasting value – APA tag line
  • Most of our town and city zoning codes would not allow many of the key features of the pics I just showed you (mix of uses, multi-modal transport, planted LS islands, density)
  • the DEC conducted a comparative analysis of the LEED ND Pilot program and the current DEC By-laws and Rules and Regulations (copy attached). The analysis found that by simply complying with our existing regulations, most projects could automatically obtain 19 points. To achieve the “certified Status, projects need to obtain a minimum of 40 points. But this analysis also found that with relatively minor revisions to the existing regulations, an additional 36 points could be achieved, bringing the total potential number of LEED-ND points up to 55 (LEED-ND Silver rating)
  • the DEC conducted a comparative analysis of the LEED ND Pilot program and the current DEC By-laws and Rules and Regulations (copy attached). The analysis found that by simply complying with our existing regulations, most projects could automatically obtain 19 points. To achieve the “certified Status, projects need to obtain a minimum of 40 points. But this analysis also found that with relatively minor revisions to the existing regulations, an additional 36 points could be achieved, bringing the total potential number of LEED-ND points up to 55 (LEED-ND Silver rating)
  • the DEC conducted a comparative analysis of the LEED ND Pilot program and the current DEC By-laws and Rules and Regulations (copy attached). The analysis found that by simply complying with our existing regulations, most projects could automatically obtain 19 points. To achieve the “certified Status, projects need to obtain a minimum of 40 points. But this analysis also found that with relatively minor revisions to the existing regulations, an additional 36 points could be achieved, bringing the total potential number of LEED-ND points up to 55 (LEED-ND Silver rating)
  • The Climate Action Plan for Albuquerque, New Mexico, calls for updating ordinances, sector plans and master plans using LEED-ND and provides incentives for achieving LEED-ND certification.
  • In Victoria, British Columbia, the city issued an RFP for the Dockside Lands area, a brownfield. Development teams submitted a program (land use, density, etc.), and were evaluated based on the proposal’s alignment with Triple-Bottom line principles (social, environmental, economic). Today, Dockside Green is a LEED-ND certified plan at the Platinum-level.
  • Public transit agencies can also serve as leaders in encouraging sustainability and LEED-ND can serve as a framework for future locations of transit service or as a guide for future transit oriented development around stations. The Metropolitan Transportation Authority of New York recommended incentives for developers who build to LEED-ND standards.
  • Similarly, public housing authorities can use LEED-ND as a guide for the redevelopment of any sites they own or tie LEED-ND certification to the competitive bid process for redevelopment opportunities for appropriate locations. The Chicago Housing Authority, for example, issued an RFQ for the redevelopment of the Lathrop Homes and required the proposal to achieve gold or platinum LEED-ND certification. This strategy is timely since the US Department of Housing & Urban Development has included LEED-ND certification in the scoring of grant applications for the Choice Neighborhoods program.
  • third strategy available to local governments is to provide incentives. Many local governments have found development and financial incentives to be an effective strategy to encourage green buildings and development. Development incentives include density bonuses and expedited review or permitting, which are implemented at low encourage developers to adopt green practices. Reduced parking Financial incentives – State of Illinois adopted the “Green Neighborhood Grant Act” which was intended to provide financial incentives to LEED-ND projects by funding up to 1.5% of total development costs for up to three applicable projects per year.
  • Fire Chief, Police, Public Safety, Town Engineer
  • 4 Key points to take away from this presentation and are basically the driving principles behind LEED ND Continuing to Educate and Promote a Sustainable community vision recognizing the decisions we make today will shape our future and communities that understand the interrelationships are better positioned to further the goals of sustainability. 2. Invest in green infrastructure. Protect your natural resources from development, which will significantly reduce your community’s carbon offset. 4. Prepare for a post-peak oil world. Help your community ease its dependence on petroleum by developing a multimodal transportation system. Make bus rapid transit use an integral part of new mixed-use developments. Create a Web-based carpool matching service. Issue bus passes for government employees. Change city and county fleets to hybrid or electric vehicles. Invest in energy efficiency & renewables 5. Transition from communities designed for cars to communities designed for people. Ensure projects in your community are designed with complete streets (publicly accessible with sidewalks, parkways to encourage walking and bike use, and mixed-use facilities placed at a neighborhood’s core, instead of the periphery. Create a sense of place in your communities. Less waste, more efficient, cleaner, longer-lasting, healthier development – this is what smart, sustainable development is all about
  • All around us, we see automobile-dependent streetscapes like this one in Lancaster California. Such development patterns do not create a safe pedestrian environment, and forcing the use of a car to fulfill even simple daily needs. But we can transform this streetscape…
  • Main street businesses and residents would love this.. Slowing down traffic, providing additional parking at the same time Attracting more people Attracting more business providing more space for multiple uses

Transcript

  • 1. Public and Private Applications for LEED for Neighborhood Development Facilitator: Nancy Letendre, Esq., AICP Speakers: Nathan Kelly, AICP Neil Angus, AICP, LEED AP Greg Sampson, Esq., LEED AP ND
  • 2. Scope of First Presentation
    • Uses LEED-ND as a “Reference Point”
      • LEED 2009 for Neighborhood Development Rating System (CNU, NRDC, USGBC, 2009)
    • Examines Standards and ask:
      • Is the Standard customarily regulated in Zoning?
      • Is the Standard “necessary” from a Zoning perspective?
      • Is the Standard “Zoning Ready” as presented by LEED?
      • Where does the standard get incorporated?
      • Trying to look at broad levels of change, not just special situations. (Planned Unit Development, etc.)
  • 3. The Structure of LEED-ND Standards
    • Five Categories
      • Smart Location and Linkage
      • Neighborhood Pattern and Design
      • Green Infrastructure and Buildings
      • Innovation and Design Process
      • Regional Priority Credit
  • 4. Municipal Responsibilities
    • Plan for Smart Locations and Linkages in the Comprehensive Plan and the CIP.
    • Get them on your Future Land Use Map and your Zoning Map.
    • Engage regional and state agencies as necessary.
    • Locate your Civic Facilities appropriately.
    • Invest in pedestrians and bikes.
  • 5. Smart Location and Linkage
    • Credit #4: Bicycle Network and Storage
      • Bicycle network (not a great ‘fit’ for Zoning)
      • Bicycle storage
        • Multi-unit residential
        • Retail
        • Nonresidential other than retail
      • Zoning: Parking and Bicycle Storage Requirements
  • 6. Smart Location and Linkage
    • Credit #6: Steep Slope Protection
    • Three Options
      • Avoid sites and disturbance of slopes over 15%
      • Restore previously developed steep slopes
      • Steep slope allowances.
        • Less than 40% of development on slopes 25%-40%
        • Less than 60% of development on slopes of 15%-25%
        • Percent of buildable land beyond 15% slope must exceed percent of built land on 15% or more.
        • Easements for undisturbed slopes
    • Zoning: Definition of “Developable Land” and Other Site Development Criteria
  • 7. Neighborhood Pattern and Design
    • Prerequisite #1: Walkable Streets
      • 90% of building frontage opens to a public space
      • 15% of buildings on frontage are 1:3 for width:height
      • 90% continuous 8-foot/4-foot wide sidewalks
      • >20% frontage accesses garages or service bays
    • Zoning: Site Design Standards or District Design Guidelines
  • 8. Neighborhood Pattern and Design
    • Credit #1: Walkable Streets
      • 16 possible standards
        • Setbacks
        • Entrances
        • Street-level transparency
        • Height:width ratio
        • Facades
        • On-Street parking
        • Bicycle design
        • Others
    • Zoning: Decide what is appropriate to zoning and what should be regulations.
  • 9. Setbacks
  • 10. Transparency and Entranceways
  • 11. Setbacks, Connections and Blank Walls
  • 12. Neighborhood Pattern and Design
    • Prerequisite #2: Compact Development
      • 12 units/acre within walking distance
        • 1/4 mile to bus or streetcar stops;
        • 1/2 mile to bus rapid transit, rail or ferry
      • 7 units/acre within walking distance or for all residential absent transit options
    • Zoning: District density allowances; incentive packages.
  • 13. Rural Mixed Use
  • 14. Multi-Family Options
  • 15. Conservation Design
  • 16. Townhouse Model
  • 17. Cottage Zoning
  • 18. Mixed Height/Mixed Use
  • 19. Urban Village
  • 20. Neighborhood Pattern and Design
    • Credit #2: Compact Development
    • Zoning: District density allowances; incentive packages.
    Residential Density (DU/acre) Points > 10 and ≤ 13 1 > 13 and ≤ 18 2 > 18 and ≤ 25 3 > 25 and ≤ 38 4 > 38 and ≤ 63 5 > 63 6
  • 21. Neighborhood Pattern and Design
    • Credit #3: Mixed Use
      • Various Credits for distance of dwelling units to existing or planned “diverse uses”
        • Food Retail
        • Community-Serving Retail
        • Services
        • Civic and Community Facilities
      • The challenge here is where to “draw the line” between zoning and the market place.
    • Zoning: Allowable Uses…by right!
  • 22. Neighborhood Pattern and Design
    • Credit #4: Mixed Income Diverse Communities
      • Diversity of Housing Types using the ‘Simpson Diversity Index’.
        • Probability equation gauging diversity of housing.
        • Interesting Housing Table (Table 2, page 58)
      • Affordability
        • Including units at between 60% and 120% AMI
        • Compatible with Rhode Island Housing goals and programs.
    • Zoning: Inclusionary Zoning and incentives for workforce housing.
  • 23. Neighborhood Pattern and Design
    • Credit #5: Reduce Parking Footprint
      • Locate parking to the rear of frontage buildings.
      • No more than 20% of total development footprint.
      • Bicycle parking and storage.
      • Carpool and shared-use vehicle parking.
      • Zoning Tools
        • Parking Maximums
        • Shared Parking
        • Parking Overflow
        • Off-site Parking
  • 24. Neighborhood Pattern and Design
    • Credit #13: Local Food Production
    • Zoning: Define and allow both as primary and accessory use.
  • 25. Neighborhood Pattern and Design
    • Credit #14: Tree-Lined and Shaded Streets
      • Trees line 60% of new and existing streets; and/or
      • Trees or structures shade 40% of the sidewalks or streets; and
      • Landscape Architect certification
    • Zoning: Comprehensive Landscape Ordinance
  • 26. Green Infrastructure and Buildings
    • Credit #4: Water Efficient Landscaping
      • Reduce irrigation need by 50% from calculated midsummer baseline.
        • Species, density and microclimate;
        • Irrigation efficiency
        • Rainwater capture
        • Recycled wastewater
        • Public water designated for non-potable use
        • Other non-potable sources
    • Zoning: Comprehensive Landscape Ordinance
  • 27. Green Infrastructure and Buildings
    • Credit #7: Minimized Site Disturbance in Design and Construction
      • 100% of development footprint and construction zone is pre-disturbed; or
      • Undeveloped portion of project, scaled by residential density. More density = less undisturbed
    • Zoning: Development Plan Requirements for existing conditions, construction zones and built area envelopes.
  • 28. Green Infrastructure and Buildings
    • Credit #9: Heat Island Reduction
      • Strategies for 50% of non-roof hardscape.
        • Structured shading
        • Paving materials with Solar Reflectance Index of at least 29
        • Open-grid pavement that is 50% pervious
        • Tree canopy
      • High Reflectance Roofs
      • Combine in an aggregate approach
    • Zoning: Factory specs/SRI calculations in the application and area calculations.
  • 29. Green Infrastructure and Buildings
    • Source: http://www.pavements4life.com/QDs/Environment_1HeatIsland.asp
  • 30. Green Infrastructure and Buildings
    • Credit #10: Solar Orientation
      • Block Orientation
  • 31. Green Infrastructure and Buildings
    • Credit #10: Solar Orientation
      • Building Orientation
  • 32. Green Infrastructure and Buildings
    • Beyond Solar Orientation and LEED-ND
      • ‘ PV Ready’ Roofs
      • Passive Solar Standards for sunlight penetration and shielding.
  • 33. Green Infrastructure and Buildings
    • Credit #11: On Site Renewable Resources
      • New buildings
      • Solar, Wind, Geothermal, small-scale/micro hydroelectric, biomass.
    • Zoning: Stand alone ordinances for wind and solar; energy budget calculations.
    Percent of Annual Electrical and Thermal Energy Cost Points 5% 1 12.5% 2 20% 3
  • 34. Green Infrastructure and Buildings
    • Credit #17: Light Pollution Reduction
      • Direction of Light
      • Relationship to Property Boundary
      • Design (height, “period lighting”, etc.)
  • 35. Green Infrastructure and Buildings
    • Credit #17: Light Pollution Reduction
      • Shaded fixtures
      • Automatic Controls
      • Light Trespass by “lighting zone”
      • Binding Covenant
      • DarkSky is developing a Model Ordinance
    • Zoning: If you really want to go green with this, you may need more than a Zoning amendment.
  • 36. The “Take Away”
    • LEED-ND looks like a very promising system.
    • LEED-ND system is not “Zoning Ready”, never the intention.
    • Rating procedure will add burden to the applicant and the reviewer.
    • Choose the standards that are important, modify as necessary, and incorporate them directly into the code.
  • 37. Local Government Applications for LEED-ND
  • 38. The Way it is…. The Way it Could be…
  • 39. The Way it Could be… Creating spaces designed for people – not just cars Source: The New Frontier of LEED – Piloting LEED for Neighborhood Development - the Greening the Heartland, St Louis, MO - June 2008
  • 40. Great ideas Neil….but how do we get there????
  • 41. Local Government Applications for LEED-ND
    • Beyond certification system for green projects
    • Menu of environmental standards for improving developments (place-making)
    • Comprehensive evaluation tool for projects
    • Informing community planning and zoning (elements of a sustainable neighborhood)
    • Auditing Land Use Master Plans and existing regulations
    • ND Market transformation
  • 42. Devens, MA Case Study
    • ID barriers to sust. development in current regs.
  • 43. Devens, MA Case Study
    • Project performance evaluation tool
    • No requirement - not a sub for good plan & design
    • ID eligible lands that meet 5 SLL prereq’s
    • Prepare prereq’s and credit templates
  • 44. Devens, MA Case Study
  • 45. Devens, MA Case Study
    • Maintain a LEED AP on Staff for TA
    • Requiring submittal of LEED ND checklist
    • LEED ND Connections Tool – GIS tool to measure walking/bicycling distance to parks, schools, street network connectivity and more
  • 46. Other Applications for LEED ND
    • Climate action plans:
    • SLL c.3: Locations with Reduced Auto Dependence – provides public transit thresholds that plans can references
    • Green Design Guidelines
    • NPD c5 Reduced Parking
    • NPD c9 Access to Public spaces
    • NPD c14 Tree-lined streets
    • GIB c9 Heat Island Reduction
    • GIB c10 Solar Orientation
  • 47. Other Applications for LEED ND
  • 48. Other Applications for LEED ND
  • 49. Other Applications for LEED ND
  • 50. Incentivizing LEED ND
  • 51. Local Government Applications for LEED-ND
    • Involve everyone in the discussion – not just residents and businesses
    • Promote triple bottom-line benefits
    • Prepare credit templates for developers
    • There is help out there:
    • USGBC MA CHAPTER usgbcma.org
    • usgbc.org/leed/nd/
    • completestreets.org
  • 52. What LEED ND Can Help Us Achieve
    • Educate, promote and collaborate. Change consumptive patterns by showing how we can maintain a great standard of living using less resources. Use tools such as LEED to bring these ideas to market faster.
    • 2. Invest in green infrastructure. Connecting people, places, spaces and environments (SWM, Public Health, Climate Change, WRP)
    • 3. Prepare for a post-peak oil world. Develop/expand multimodal transportation systems, reduce VMT’s, invest in efficiencies and renewables.
    • 4. Transition from communities designed for cars to communities designed for people. Compact development, complete streets, mixed use, form, function, sense of place, preserve open space.
  • 53. Renderings Courtesy of Steve Price – Urban Architecture The Way it is….
  • 54. Renderings Courtesy of Steve Price – Urban Architecture The Way it Could be… Applying LEED ND Concepts Creating spaces designed for people while respecting the environment
  • 55. LEED ND - Challenges
    • From the perspective of a developer, there are several challenges to using the LEED ND rating system as adopted…
    • Restriction on Location
      • SLL Prerequisite 1
      • Public water and wastewater infrastructure is required
      • Transit availability factors significantly in SLL credit 3, and also has implications on several other credits
  • 56. LEED ND - Challenges
    • Minimum Density
      • NPD Prerequisite 2
      • Minimum densities:
        • 7 dwelling units/acre
        • 0.5 FAR
        • Higher for projects in transit corridors
      • Note that the density calculation excludes areas that are not buildable based on federal, state, or local requirements
  • 57. LEED ND - Challenges
    • Certification Requirement
      • GIB Prerequisite 1
        • Requires additional LEED (or similar) certification of at least one other building in project
      • Cost of LEED ND certification is significant; therefore, when tiered onto an additional certification, can be prohibitive
      • Economic conditions – affecting the number of larger mixed-use development projects proposed
  • 58. LEED ND - Challenges
    • Incorporation into Ordinance/Bylaws
      • Implementation
        • Adequate staffing available?
        • Completion point
      • Legal concerns
        • Delegation / Preemption / Void for Vagueness
      • USGBC Policy
        • Favors incentive-based approach
  • 59. LEED ND - Opportunities
    • LEED ND – Minimum density highlights the need for local reform of anti-growth policies
    • Developers should use LEED ND as a model to push for discretionary relief in “smart location” areas that are otherwise overly restricted on growth
      • State and regional policies may support such requests
      • Challenge anti-growth home rule
  • 60. LEED ND - Opportunities
    • Alternatives to standard density approaches are presented:
      • Buildable land considerations
      • Form-based codes
    Cambridge, MA (Visualizing Density Library) Tampa: 15: Visualizing Density Library
  • 61. LEED ND - Opportunities
    • Focuses on the relationship between a mixture of uses and interconnectivity
    • Reducing VMT is key consideration, but public health, affordability & infrastructure are also factors
    • Keys to success:
      • Flexibility in uses
      • Plan for long-term build-out
      • Walkshed & interconnectivity modeling
    • Need to sell project based on external factors, not just on-site amenities
  • 62. LEED ND - Opportunities
    • Rating system is a useful source for design guidelines
      • Walkable streets
      • Access to civic/public spaces and recreation facilities
      • Tree-lined and shaded streets
      • Reduced parking footprint
  • 63. LEED ND - Opportunities
    • Interconnectivity approach challenges rules promoting use of cul-de-sac
  • 64. LEED ND - Opportunities
    • Promote LEED ND certification in public/private partnership projects, or in applications for locally sponsored economic assistance (loan/grants)
    • Site selection criteria alone may be sufficient
    • May also be used to emphasize project attributes when seeking discretionary relief
  • 65. LEED ND - Opportunities
    • Certification (or certifiability) can be used as for project mitigation
    • Any condition of approval needs to be carefully tailored
      • “ Applicant will apply for…”
      • “ Applicant will submit information…”
  • 66. Contact Information:
      • Nancy E. Letendre, Esq., AICP
      • Ursillo, Teitz & Ritch, Ltd.
      • 2 Williams Street
      • Providence, RI 02903
      • 401.331.2222
      • [email_address]
      • www.utrlaw.com
      • Neil Angus, AICP, LEED AP
      • Environmental Planner
      • Devens Enterprise Commission
      • 33 Andrews Parkway
      • Devens, MA 01434
      • 978.772.8831 ext. 3334
      • [email_address]
      • www.devensec.com
      • Nathan Kelly, AICP
      • Senior Planner
      • Horsley Witten Group
      • 370 Ives Street
      • Providence, RI 02906
      • 401.272.1717
      • [email_address]
      • www.horsleywitten.com
      • Greg Sampson, Esq., LEED AP ND
      • Robinson & Cole LLP
      • One Boston Place
      • Suite 2500
      • Boston, MA  02108
      • 617.557.5949
      • [email_address]
      • www.rc.com