FAR EASTERN UNIVERSITY

INSTITUTE OF ARCHITECTURE AND FINE ARTS

PLANNING 241 SEC 3

LEGAL CONSIDERATIONS IN
URBAN DESIGN
AND
DESIGN REQUIREMENTS OF
SPECIFIC PLACES IN TOWNS
AND CITIES

SUBMITTED BY:
CAPISTRANO, ALEXANDER
CATINOY, MA. TERESSA
JAVIER, ERICA MAE R.
SEMERA, JAM

SUBMITTED TO:
AR. WILKIE B. DELUMEN

OCTOBER 2018
 LEGAL CONSIDERATIONS IN URBAN DESIGN
AND DESIGN REQUIREMENTS OF SPECIFIC
PLACES IN TOWNS AND CITIES

LEGAL CONSIDERATIONS IN URBAN DESIGN

Creative Development Design

Creative development design is a planning principle that can be used to reduce
the amount of impervious cover on a project site. The theory behind this principle is to
reduce storm water runoff volumes and velocities by reducing the percentage of pervious
cover, allowing for increased infiltration of storm water into the soil.
 Reduces storm water runoff volumes and velocities
 Preserves aesthetics of project site
 Minimize roadway lengths and widths
 Minimize building footprints
 Minimize parking footprints
 Reduce setbacks and frontages
 Use fewer or alternative roadways, turnarounds and cul-de-sacs
 Reduce peak discharges
 Reduce amount of impervious cover
 Cluster Development
- Used to reduce impervious surface cover
- Provides more open, natural space
- Reduces overall development costs
- Parking areas, driveways, and common or open areas are shared

Roadway Design
Roadway design is a planning principle that can be used to reduce impervious
surface cover by reducing the lengths and widths of roadways, turnarounds and cul-de-
sacs. In many communities, streets are designed and installed at a greater width than
necessary.
 Implementing alternative street layouts can often reduce the total length of streets
and significantly minimize the impervious surface cover of a development site
 Look for associated landscaping measures that will provide additional infiltration of
storm water runoff discharging from impervious surface areas
 Minimum required pavement width that is needed for travel lanes, on-street
parking, and emergency vehicle access
 Implementing single lane, one-way loop roads
 Using parking bays to accommodate the parking requirements of local residents
 Providing enough turnaround area for different types of vehicles that may need to
use cul-de-sacs and turnarounds
 LEGAL CONSIDERATIONS IN URBAN DESIGN
AND DESIGN REQUIREMENTS OF SPECIFIC
PLACES IN TOWNS AND CITIES

 Use alternative designs to provide the minimum radii required to accommodate

emergency and maintenance vehicles

Building Footprints
The principle behind building footprints is to reduce the impervious footprint of
commercial buildings and residences by constructing taller buildings while maintaining
the same building floor-to-soil surface area ratio.
 Maximizes the amount of pervious surface area for storm water infiltration
 Use building designs that are taller in order to reduce the impervious footprint of
buildings

The building unit-to-lot relationship is a facet of site planning too often accepted as
a given, even though it offers a good opportunity to reduce runoff volumes, runoff
velocities, and peak discharges.
 Using alternative building designs and constructing taller buildings helps minimize
the amount of impervious surface cover
 Combining or consolidating the functions of a building or segmenting a facility can
also be effective methods for reducing individual building footprints
 LEGAL CONSIDERATIONS IN URBAN DESIGN
AND DESIGN REQUIREMENTS OF SPECIFIC
PLACES IN TOWNS AND CITIES

Parking Lot Footprints

The principle behind parking lot footprints is to reduce the amount of impervious
surface cover associated with parking lots.
 Reduces storm water runoff and amount of pollutants delivered to receiving
waterbodies
 Minimize the number of parking spaces
 Consider parking structures and shared parking

There are several methods that can be used to minimize impervious surface cover
associated with parking lot footprints. Some of these methods are:
 Setting maximum sizes for parking spaces
 Minimizing individual parking stall dimensions
 Incorporating efficient parking lanes
 Constructing multi-level parking structures
 Sharing parking lots
 Installing alternative porous surfaces in overflow parking areas

Setbacks and Frontages

The principle behind setbacks and frontages is to reduce the total length of
impervious streets and driveways.
 Reduces the amount of impervious surface cover
 Reduces the amount of storm water runoff and the amount of pollutants delivered
to receiving waterbodies
 Reduce front and side setback distances for homes and buildings
 Use narrower frontages

Discussion of Government Powers on Publicly-Owned Space

Publicly-owned public spaces are for the “public at large”, not specifically for
government purposes. To emphasize this, here is a discussion of the historical and
theoretical foundations of what’s known as the “public trust doctrine”.
 jus privatum, or “private rights”, are the rights granted to private individuals.
 jus publicum, or “public rights”, are the rights of the “unorganized public”.
 jus regium, or “royal rights”, are the rights that embody the dual role of government
as trustee and police officer.
 LEGAL CONSIDERATIONS IN URBAN DESIGN
AND DESIGN REQUIREMENTS OF SPECIFIC
PLACES IN TOWNS AND CITIES

Legal Options for the Acquisition of Property for Public Use

Following are a number of methods, both domestically then internationally, that are
employed toward the acquisition of public space by governments for the public interest.
 Expropriation – It involves the acquisition of land from land owners by a
government, for the public interest and subject to a fair compensation. It is not,
however, the most effective way to establish public space for several reasons. It is
economically very costly; the compensation can be quite a chunk out of a
jurisdiction’s annual budget. As a result of this method, a given city often is not
able to capture an adequate amount of public space
 Zoning Controls – Cities have legal frameworks to convert the land from rural to
urban use. Zoning controls are legislative acts that regulate the use of land and its
physical characteristics. Subdivision controls using ordinances, these controls
regulate the rural land as it is subdivided. These pertain to the intended pattern
and quality of development on the land of interest, to which the sub-divider must
comply with. Here is a list of possible controls that are relevant to establishing a
public space:
- Regulates the subdivisions for the public interest.
- Controls blight or deterioration.
- Can be an avenue to provide a future service, like a public space.
- Through design criteria and regulation, a public space could be a
requirement in a specific overlay zone or comprehensive plan.
 Dedication or Development (GA) Exactions – This is a type of subdivision
control. Exactions are a part of the development approval process, and are
required in order for the development to be approved. Exactions can include things
like land donated for a park (plaza space), completed park, storm water ponds,
among other things. Exactions are usually received in the form of a lump sum
instead of a stream of payments (like impact fees or user fees)
- Exactions Internationally – Mandatory land dedication is generally upheld
as a justifiable use of the general authority that is granted to local
governments to protect public health, safety, and welfare (Crispi 2015)
- Land Readjustment – is a land assembly tool to change the existing
physical layout of plots when it is no longer serving the public’s best
interest.
- Compulsory Dedication - At the extreme, several countries have a
regulatory framework that requires a compulsory dedication of part of the
land without paying any compensation
- Negotiated exactions – This is where a city negotiates the exact amount
of the exaction on a case-by-case basis. Landowners and developers may
be able to negotiate additional contributions rEbeyond the existing planning
regulations
 LEGAL CONSIDERATIONS IN URBAN DESIGN
AND DESIGN REQUIREMENTS OF SPECIFIC
PLACES IN TOWNS AND CITIES

 Temporary Public Uses of Idle Land – In order to receive a property tax

exemption for the duration of an agreement, a landowner can allow temporary use
of their land for a green area, garden, or square.
 Incentive-Based Strategies for Public Space Acquisition – Contrary to a public
entity owning and managing a public space, there are incentive-based strategies
to for private landowners to receive bonuses in exchange for designating square
footage for public space. These bonuses would come in the form of additional floor
area (or FAR), permitting, and financial bonuses, in exchange for the provision of
a public amenity.

Design Requirements of Specific Places in Towns and Cities

Land use is the basic building block of an urban plan. The organization of land
uses establishes the framework for the physical location and functional role of all the other
plan components. In the following sections, I explain how land use is related to other
planning components.

Housing
The land use component of a plan is related to a plan’s housing element in three
important ways:
 It helps to determine how much land will be set aside for housing and, therefore,
how much housing will be available in a community
 It influences what types of housing will be considered in the plan, such as how
many apartments versus single-family homes may need to be accommodated
 It helps determine the best locations for housing in relation to other important
elements, like transportation routes and shopping areas

Transportation

Coordinating transportation routes and services with a community’s overall land

use pattern is an important function of the comprehensive plan. The overall plan may
intend to extend or improve transportation in areas that are designated for future
development.
 LEGAL CONSIDERATIONS IN URBAN DESIGN
AND DESIGN REQUIREMENTS OF SPECIFIC
PLACES IN TOWNS AND CITIES

Infrastructure and public services

The land use component of a plan and planning for infrastructure and public
services have a back-and-forth relationship. Typically, a land use plan is used to
determine the parts of the city that require services such as sewer systems or public
schools.

Examining land use classifications

A land use plan typically classifies all the different land uses in a city using methods
that blend local needs with various professional and technical standards. Land
classification standards vary from place to place because all places are different from
each other.

Land use plans also include additional classes or subclasses depending on what
activities are present in the community, such as recreational areas, airports, or hospitals.
Here’s an overview of land use classes and subclasses that you’ll usually find in local
plans:
 Residential: These areas are used for various types of housing. Subtypes of
residential land uses are usually based on either the density of housing units or
their physical characteristics, such as being detached single family homes or
connected town houses
 Commercial: These areas are used by businesses, including retailers, service
businesses, and offices
 Industrial: This category typically includes land used for manufacturing,
warehousing, wholesaling, some public or private transportation facilities, and
some public or private utilities
 Agricultural areas and open space: Many smaller communities, as well as some
major cities and metropolitan areas, have significant agricultural and undeveloped
lands at their outer margins
 Mixed land use: A single building or development site may offer a variety of uses,
especially in larger cities where mixed-use developments are more common. A
land use plan may use one or more subclasses to describe mixed-use areas
 Public and institutional uses: This group includes a wide range of land uses that
are generally characterized as being either public services or government owned.
Common subclasses include:
- Government buildings
- Parks, public open spaces, and land preserves
- Churches
- Colleges and universities
- Transportation routes and public rights-of-way
 LEGAL CONSIDERATIONS IN URBAN DESIGN
AND DESIGN REQUIREMENTS OF SPECIFIC
PLACES IN TOWNS AND CITIES

Streets
Designing city streets is a challenging task because streets serve two functions
that are sometimes at odds with each other. Street design considers some diverse
elements, including the following:
 Traffic flow and layout: The
layout of a street considers
what features are needed to
manage traffic flow through
the street and what features
are needed by the other
activities happening on the
street
 Appearance: A variety of design features can be used to increase the visual
appeal of streets.
 Streetscape elements: Additional street features such as decorative lighting, bike
racks, seating benches, planter boxes, and even lowly rubbish bins are referred to
by urban planners as streetscape elements. Good streetscaping helps encourage
greater use of sidewalks by pedestrians and creates streets that are more
attractive to shoppers and other visitors.

Cities and regions

Most urban planners and designers don’t get the chance to design entirely new
cities from scratch. But some approaches to urban design suggest ways that cities and
metropolitan areas can benefit from a coordinated pattern of development. The transect
planning approach popularized by the New Urbanist architect Andres Duany and urban
planning professor Emily Talen illustrates how different urban design patterns can be
used in different parts of a metropolitan area.
 LEGAL CONSIDERATIONS IN URBAN DESIGN
AND DESIGN REQUIREMENTS OF SPECIFIC
PLACES IN TOWNS AND CITIES

Open Space
Well-landscaped open spaces with a balance mix
of hard and soft landscape should be encouraged to meet
the functional requirements for active and passive
recreational uses. Detailed micro-scale landscape design
should be site specific to maximize legibility, to create a
comfortable environment and to green the city.

Landscaped green areas, tree planting and

amenity strips along streets, major transport
corridors and walkways should be provided to
soften the man-made environment. Open space at
fringe location where it would be relatively unused
should be avoided. Public accessibility to open
spaces should be maximized.

Building Height and Building Form

Taller buildings should be located
inland, with lower developments on the
waterfront, to avoid dominating the harbor and
increase permeability to the waterbody.
Waterfront buildings should be of appropriate
scale and façade treatment to avoid creating
an impermeable “wall” along waterfronts.

LIST OF REFERENCES

 Urban Planning for Dummies

 Urban Design Guidelines
 Planning Principles & Design Considerations. Retrieved from
https://www.in.gov/idem/stormwater/files/stormwater_manual_chap_04.pdf
 Legal Considerations of Establishing Urban Public Spaces. Retrieved from
https://www.researchgate.net/publication/315666150_Legal_Considerations_of_
Establishing_Urban_Public_Spaces