City of Charlottesville
             Council Workshop Meeting




Zoning to Implement Affordable Housing
February 20, 2020
      Presenters

   Brian Haluska, Principal Planner
   John Sales, Housing Program Coordinator
   Lisa Robertson, Chief Deputy City Attorney
  Zoning Overview

      Brian Haluska
Principal Planner, City of
      Charlottesville
What is Zoning?

Zoning is the regulation of the
use and development of land
      Low Density     High Density
       Residential     Residential




                     Manufacturing/
      Commercial
                       Industrial
     Purpose of Zoning
   Zoning implements restrictions in order
    to promote the welfare, safety and
    convenience of the community
   Avoid overcrowding; accommodate
    adequate water, sewer, transportation
    facilities; promote affordable housing;
    etc.
   Authorized Zoning Regulations

 Use of land, buildings and
  structures
 Size, height, area, bulk, location of
  structures
 Area and dimensions of land,
  water, air space to be occupied
  [or unoccupied] by uses and
  structures
     Affordable Housing
     as part of Zoning
   Comprehensive Plans are required to
    include identification of areas best
    suited for construction, rehabilitation,
    and maintenance of affordable housing,
    and identify implementation measures
   Comprehensive Plans are implemented
    by: Zoning and Subdivision
    Ordinances; CIP; City Budget
     Affordable Housing
     as part of Zoning
   Zoning may include certain provisions
    that will promote and facilitate
    affordable housing
   Incentive zoning: allowing special
    benefits (above by-right parameters) in
    return for features, design elements,
    uses, services, or amenities desired by
    the community
  Zoning Impacts
  on Housing Construction

 Minimum Lot Sizes
 Density Restriction (DUA or FAR)
 Restriction of types of residential
  buildings/structures
 Restriction on # of dwellings or
  bedrooms
 On-site Parking Requirements
 Required Yards/ Building Setbacks
  Minimum Lot Sizes
City wide: the ZO requires every SFD to be
on a lot with a minimum size of either:
6,000 SF (7.26 DUA) or
8,125 SF (5.36 DUA)

In the City’s older subdivisions (such as
Belmont), lot sizes may be 4,000 SF or less
(10.89 DUA or more). These lots are
considered nonconforming.
     Types of Residential Dwellings
   55% of the City is zoned for low-density residential
    development (“R-1”), where SFD is the only
    permitted housing type
   “R-2”: SFD, SFA, and Duplex are the only permitted
    housing types
   Only one (1) principal structure is allowed per lot
   Lot Coverage, R-1 and R-2
      35 ft. max height

      25-foot min front/rear yards

      10 ft. min side yd
“Missing Middle” Housing Types
  “Missing Middle” Housing Types




Quadplexes
“Missing Middle” Housing Types




 Courtyard
Apartments
“Missing Middle” Housing Types

 Bungalow
   Court
  The Conflict of Zoning
City Council controls the types, size and
location of housing that can be built in the
City.

Developers control how much of that
housing will be built.
Current Affordable Housing
    Support and Efforts

           John Sales
City Housing Program Coordinator
    Enabling Legislation
   “Affordable housing” is a public purpose for
    which public funding may be expended
   City has a long-standing commitment to
    providing financial support to nonprofits that
    provide AH within the City
   State legislation authorizes the City, by
    ordinance, to subsidize private, for-profit
    developers who construct or rehab AH
   State law enables zoning incentives for AH
     Current Foundational Docs

   (2010) City Council Housing Goals for 2025
       3 Housing Policies
       Policy 1 revised in 2014 (CAHF Funding
        Process)
   (2013) Comp Plan Housing Chapter
   (2015) City HAP Policy Document
   (2016) Housing Needs Assessment
     Progress Report
   Progress 2010 to present
      Goal: 15% supported ADUs by 2025

      To date: 2,196 (11.7%) supported ADUs (2010-2020)

           774 units are federally subsidized units (PH/HCV)

           88 are CSRAP units (26 of the units are in the County)

   City Financial Support
      Funding expended 2010-present: $24.59 million

      New ADUs established: 297 units

      Existing ADUs rehabilitated: 699 units (only 122 under DOT

        or promissory note)
     What’s Working
   Allocating funding to multiple tools to address
    affordability and equity.
   Adequate programs for homeownership to include
    assistance with closing cost and down payment
    assistance.
   Waived tap fees and other building development
    permitting fees.
   City is supporting LIHTC developments throughout the
    city when local support letters are requested.
     What’s Not Working?
   Comp Plan doesn’t set forth a strong centralized policy and
    strategy based on data; doesn’t provide sufficient basis for
    zoning implementation
   ZO regs aren’t calibrated to facilitate sufficient incentives for AH
    construction, based on a centralized policy reflected in Comp
    Plan
   Use of CAHF Funding isn’t set up to be sustainable source of
    funding to incentivize private development in conjunction with
    with AH zoning incentives
   No consistent plan on awarding funds from CAHF; advisory
    commission is policy-oriented
   Varying affordability periods based upon level of funding, but
    the periods are not consistent along similarly-situated recipients.
RECOMMENDATIONS
     RECOMMENDATIONS
   Four items are recommended for immediate action:
   Amend ZO provisions, and add CAHF revolving loan program, to
    incentivize creation of new Accessory Dwelling program
    throughout the City
   Adopt new ZO provisions, and add CAHF revolving loan
    program, to incentivize “missing middle” (SFA, Duplex, Triplex,
    Fourplex)—initially (near term) by means of
    renovation/alteration of existing structures throughout the City
   Adoption of an Ordinance to officially enact an Affordable
    Dwelling Unit Program, implementing all available local authority
   Restructure the housing advisory commission, transform to a
    10-member working board, advisory to the Housing Coordinator
     Accessory Dwelling Program
   Incentives
        The ability to have up to 3 accessory units on a lot, if at least one
         unit is affordable (e.g., 1 interior and 1 AD (up to 2 units)
        CAHF loan to be available, to subsidize construct or rehab.
        No owner occupancy requirement (except w/CAHFfunding); no
         additional on-site parking required
        Reduced setbacks for the AD
   In return for:
        At least 1 dwelling unit must be committed affordable for-rent, for
         no fewer than 20 years
        Certain height/ size restrictions (AD can be no larger than 50% of
         the footprint of the primary structure (w/2 units) or 30% footprint
         (1 unit)
     Missing Middle Incentive
   Incentives
      Density bonus achieved by allowing existing residential

        structures to be renovated, to create additional dwelling
        units within the existing built environment (up to 4 units,
        total on a lot in R-1 and R-2; up to 6 units, total, other
        zoning districts)
      CAHF loan to be offered as a subsidy

      Relaxed parking, side and rear setbacks, min. lot size req’s

   In return for:
      (1) committed for-rent affordable unit (20 years, min. period

        of affordability)
      No displacement of existing low-income tenants
Adoption of Program
Ordinance
   Zoning Ordinance Amendment; recommend
    proceeding immediately
   Implement Accessory Dwelling Incentive
   Implement Middle-Housing Incentive
   Implement any/all state-enabled AH actions
   Authorize Housing Coordinator to set up Revolving
    Loan Program within CAHF
New AH Advisory Board
   Replace existing 22-member Policy Advisory Committee with a
    new 10-member Working Board, Advisory to the Housing
    Coordinator. No member or member’s employer/agency
    will be eligible for CAHF funding during tenure on board.
   real estate agent or broker
   banker who finances City housing projects
   engineer/architect
   SFD developer, C’ville/Alb area
   MFD developer, C’ville/Alb area
   City planner
   local non-profit service provider (homeless prevention, etc.)
   City residents from low-income community (1 may be CRHA
    board member)
Function of New AH Board
   Thro practical expertise, assist Housing Coordinator
    with establishing rents and sales prices applicable to
    all ADU in City (once per 6 months)
   Advise Coordinator as to regulations that will
    efficiently implement AH Program (process,
    procedure, standards) (initially, then as needed)
   Advise Coordinator in strategic use of CAHF to
    achieve Goals of Master Plan (procedures, evaluation
    factors, identify effectiveness “multipliers”)
   Monitor review key data/outcome measures
   Quarterly meetings
      Questions?

Next Steps (Short Term)?