Density, building height dominate discussion of downtown zoning

As part of the Heart of Homewood downtown master planning process, the downtown area will receive an update to its zoning codes. Recommendations presented to city officials on Wednesday, Jan. 9 put an emphasis on simple codes regulating everything from building height and density to signs and pedestrian paths.

The Regional Planning Commission of Greater Birmingham has been leading the Heart of Homewood planning process, and national city planning firm PlaceMakers has assisted in creating the zoning recommendations through feedback from public forums, city staff, elected officials and best practices.

Susan Henderson of PlaceMakers identified the following priorities for creating a new downtown zoning code:

• Keep the code simple to understand so residents, developers and city staff can understand the vision for downtown.
• Simplify the application process for developments, especially by setting clear standards for mixed-use zoning. There is no current set of standards for mixed-use, so every proposed development must be negotiated individually.
• Reduce the number of districts and realign so buildings move from higher density and building height in the core of downtown to lower density and height toward the edges of downtown.
• Overhaul the sign code for attractive and pedestrian-friendly options.
• Designate high-priority pedestrian corridors that make a loop through downtown of the “absolute highest standard of urbanity” and enjoyable things for pedestrians to walk to.

PlaceMakers and Lindsay Puckett from the RPCGB recommended converting a majority of downtown zoning into low, medium and high density mixed use zoning, with existing residential, institutional and a few commercial office zones staying the same near the outskirts of the downtown areas.

Low density would allow a variety of uses primarily in the areas around Crescent, Central and Linden Avenues, as well as south of Oxmoor Road, with a maximum height of three stories.

Medium density is applied to buildings along 18th Street South, 27th Avenue South and Oxmoor Road near U.S. 31, and would allow buildings up to four stories under the recommendations presented Jan. 9.

High density mixed use zoning would include the areas around Rosewood Hall, Aloft Hotel, Hallman Hill, Regions Bank and some buildings north of 28th Avenue South, including the new Curio hotel and retail development planned on 18th Street South. This zoning would allow up to five stories.

The proposal from PlaceMakers also suggested an option where developers in any zoning area could proffer substantial public works projects, such as parks or streetscape improvements, in exchange for being allowed an additional story.

The overall height allowances in the zoning recommendations were a point of concern for City Council and Planning Commission members who attended the meeting. Planning Commission member James Riddle said the possibility of five- or six-story buildings seemed too tall to him, especially as the public often speaks against buildings of that height when they come before the commission.

Puckett said the city could consider strict definitions of stories and make the height limits include additional roof height above the buildings’ stories. They could also choose to change the maximum heights for the mixed-use districts to two, three and four stories for low, medium and high densities.

However, she did note that public feedback in the Heart of Homewood surveys and meetings showed an overall average of four stories as the ideal height, with six being the maximum. She also noted that Aloft is five stories, and having that height allowance could be more attractive to large corporate headquarters.

Ward 1 City Councilor Britt Thames and Ward 5 Councilor Jennifer Andress both expressed reservations about allowing additional height to buildings in exchange for public projects. Andress said she would want to make sure any such projects were valuable enough to the city to be worth the tradeoff, and Thames said any standards would need to be “extremely defined” if they decide to include it in the zoning codes at all.

Henderson said the mixed use zoning codes should focus on height and setback from the street in order to achieve the overall look and feel that is desired for downtown.

She also noted that parking studies have shown an adequate amount of available spaces in the downtown area, so she recommended regulations for new developments focus on locations where their vehicles will park rather than requiring them to meet a parking minimum.

Simplifying the codes and setting standards for mixed-use districts will make it easier for developers to understand and for city officials to apply the rules when new applications are made, ideally decreasing the number of variance requests that are made.

As for signs downtown, Henderson and PlaceMakers recommended a single code for downtown, rather than the three districts currently in place there. She recommended options like sculptural, sidewalk and blade signs to reflect the pedestrian-friendly nature of downtown.

Henderson also noted that the city should update its overall sign code, as the 2015 U.S. Supreme Court case Reed vs. Gilbert restricts municipalities from governing the content of signs — such as political or real estate signs — in many instances. She said the current zoning codes include several content-based restrictions.

The sign code can regulate the type of sign allowed in an area, as well as its material, maintenance and the duration that it may stay.

These content-based restrictions will be removed from the downtown sign code as part of the Heart of Homewood process but the citywide sign codes are outside the scope of the work PlaceMakers was hired to do.

City attorney Mike Kendrick asked Henderson at the meeting to provide a proposal to overhaul the entire city sign code so the council can consider it.

Since downtown businesses rely on foot traffic, PlaceMakers designed a high-priority “A-grid” sidewalk loop for the area, which includes 18th Street South as its backbone; a loop of Central Avenue and Reese Street; and a loop from Oxmoor Road to 19th Street South to 28th Avenue South, also connecting on 29th Avenue South.

The A-grid streets would emphasize improvements for pedestrian access and safety, as well as destination shops and attractions to encourage pedestrians to keep walking. In the future, Henderson said, the city would be wise to grow the sidewalk network outward to “B-grid” streets to enhance access downtown, though those streets remain primarily designed for car movement.

PlaceMakers Managing Director Hazel Borys said the next step will be to create an annotated outline of the code for city officials to review and give edits in a second meeting. Puckett said the RPCGB will give PlaceMakers notice to proceed within one to two weeks, and Borys said that process will take about a month.

After receiving edits from the city, PlaceMakers will incorporate those into a final outline and begin drafting the code. The first draft will also be delivered for review and editing. A final draft will be ready to present to the City Council and the public around July, Borys said, depending on how quickly the city provides edits at each stage of the process.

The final draft of the downtown zoning code will be accompanied by checklists to help developers and city officials understand and work with the regulations, as well as training sessions for officials to practice using the new code.

Information from previous stages of the Heart of Homewood plan is available at heartofhomewoodplan.com.