Zoning for Housing in Lenox

Transcription

1 Zoning for Housing in Lenox September 20, 2017 To the Lenox Planning Board, Please find enclosed the following: Sequence and ranking of zoning bylaw amendments to further encourage and promote the development of diverse housing choice in Lenox; Language for a zoning bylaw to make the use of non-conforming parcels By-Right for deedrestricted, affirmatively and fairly marketed housing units for households of low to moderate incomes; Maps indicating the location and number of non-conforming parcels; and how current zoning restrictions impact the opportunity for multi-family development and even Accessory Dwelling Units due to lot size constraints. A diagram indicating where proposed zoning bylaw amendments would take place and existing examples in Lenox. Page 1 of 20

2 Bylaw Amendments and Town Meeting Sequence Nov. Special Town Meeting (2017) May Annual Town Meeting (2017) 1) Removing the minimum apartment size 1)Review and Amend Inclusionary Zoning (see Section 4, Definitions, Apartment ) Bylaw a) Simply remove size requirement of 700 sq. ft. a) Review existing b) Review comments from consultant and local attorney c) Clarify language d)adjust scale (currently the # which requires affordable offering is too high for local market) e)adjust language so that only equivalent constructed units may be offered instead of Payment in Lieu to Trust 2) Amending the Accessory Dwelling Unit Bylaw (Section 9.2) a) Making an ADU By-Right subject to standards b) Removing square foot requirement while retaining 40% standard c. Amend parking provision in Section 9.2.3, Paragraph 9. (see attached for suggested language) 3) Amend Section 9.5, Mixed Use Development a) Remove living unit minimum of 700 sq. ft. b) Remove provision that requires 3,500 sq. ft. of lot size per dwelling unit if gross floor area of residential exceeds that in non-residential use 4) Allow vacant non-conforming parcels to be used for affordable housing w/o SP or Variance Requirements See enclosed sample. 2) Allow multi-family by right in the R-30, C- 3A and I districts, subject to site plan review, design and other performance standards. a) Add provision for horizontal mixed-use in C & C-3A zoning district b) develop design and/or other performance standards for By-Right inclusion 3) Explore the 40R Program w/ assistance from the Town Planner and DHCD a) identify areas where such density would be welcome and reasonable (i.e. is there supporting infrastructure, public transportation, existing density, mix of uses) b) Invite DHCD out to visit and work to craft zoning language and identify district boundaries 4) Revisit Lenox Dale Village District Consider creating a unique Lenox Dale Village district reflective of traditional density and minimum lot size. The changes made at 2017 Annual Town Meeting are superficial and still require a 15,000 minimum lot size while many of the parcels are below that size. 5) Amend Table of Uses Page 2 of 20

3 See red line copy of ZBL 6) Amend 2-Family/Multi-Family Provisions a) Remove lot size minimum from Section b) Remove buffer requirement from Section (KS recommendation) *or* c) Replace 200 feet w/ 100 feet (JB recommendation) d) Remove density requirements from and replace w: i) There shall least 7,500 square feet of land area per unit as of right; higher density by Special Permit ii) Buildings on the same lot shall be a minimum of 20 apart iii) For a multi-family development w/ 10 or more units, the access road(s) shall be constructed in accordance w/ the PB s subdivision Rules and Regulations Page 3 of 20

4 Section X: Affordable (Workforce?) Housing on Pre-Existing Non-Conforming Lots Purpose To allow the development of affordable housing units compatible with existing neighborhood character and density By-Right on pre-existing, non-conforming parcels as defined in this Bylaw to satisfy the needs of present and future Lenox residents of low and moderate income. This Bylaw shall apply to new construction on vacant lots but also toward renovation of existing homes on pre-existing, nonconforming structures or demolition and construction of new homes on pre-existing, non-conforming lots. Location This Bylaw is in effect in all Zoning districts. Definitions Affordable Housing Unit shall mean a dwelling unit restricted in perpetuity as affordable to persons or families qualifying as low or moderate income. Low Income Household shall mean persons or families earning less than 50% of the median income under the applicable guidelines of the Commonwealth s Department of Housing and Community Development (DHCD). Moderate Income Household shall mean persons or families earning more than 50% but less than 80% of the median income under the applicable guidelines of the Commonwealth s DHCD. Median Household Income shall be the median household income for the metropolitan or nonmetropolitan statistical area that includes the Town of Lenox, as determined annually by the U.S. Department of Housing and Urban Development (HUD). Qualified Affordable Housing Unit Purchaser shall be a person/persons or family with low or moderate income as verified through tax returns and in certified statements to the Lenox Housing Trust or other Use Restriction shall mean a deed restriction or other legal instrument recorded in the Middle Berkshire Registry of Deeds or land court registry which effectively restricts the occupancy of an affordable housing unit to households of low and moderate income during the term of affordability. Selection of eligible tenant/owners shall be made in a fair and reasonable manner in compliance with any and all applicable fair housing and antidiscrimination laws. Appraised Value shall mean an opinion of value developed by a Massachusetts licensed real estate appraiser that conforms to the Uniform Standards of Professional Appraisal Practice (USPAP). Effective Date: date of Amendment approval Page 4 of 20

5 Standards The following standards must be met for By-Right development of a pre-existing, non-conforming parcel used for the development of affordable housing: 1. Eligible parcels must have existed as a separate lot of record prior to the effective date of this Bylaw. 2. Eligible lots may be owned privately or by the Lenox Housing Trust and/or any other non-profit housing entity. 3. Eligible lots must meet the following requirements prior to the Effective Date: a. Lot area: minimum 10,000 square feet b. Frontage: a minimum of 25 feet c. Setbacks: all structures must be set back twenty (20) feet from all front, side and rear property lines. 4. The applicant shall provide for safe access for public safety vehicles and personnel to the dwelling. 5. Utilities shall be installed underground. 6. The affordable housing unit permitted by this section shall be restricted for purchase or rent by only low and moderate households, in accordance with the standards set forth in this section. 7. All private parking areas shall be contained entirely on the property. Use Restrictions Any affordable housing unit created under this section shall be subject to use restriction/regulatory agreement on the lot conforming to the following criteria: 1. The restriction shall be assured in perpetuity or for the longest period of time allowed by applicable law. 2. The restriction shall be recorded as a condition of deed or mortgage. 3. The restriction shall have a legal mechanism for compliance that occurs w/o Town intervention in any form or manner. 4. The restriction shall include a process for verification of compliance. 5. The restriction shall ensure that the affordable housing unit may only be sold to Qualified Affordable Housing Unit Purchasers at an affordable price, or leased to Qualified affordable Housing Unit renters at affordable rents. 6. The restriction shall provide that the affordable housing unit must be sold or rented on a fair and open basis. The Monitoring Agent duties and responsibilities shall be that of the Town of Lenox or any designee established by the Town. Maximum Incomes and Selling Prices: Initial Sale 1. Proof of Income Eligibility: this shall be the responsibility of the property developer if other than the Lenox Housing Trust. Page 5 of 20

6 The following materials must be submitted and reviewed to verify income eligibility: a. Copies of the last three (3) years federal and state income tax return b. Certified written statement prior to transfer of title indicating that his/her or their family s annual income level does not exceed the maximum level as established by the Commonwealth s DHCD and as may be revised from time to time. This statement shall be delivered to the developer of the housing units or his/her/their agent, and shall be also be delivered within 30 (thirty) days following transfer of title. 2. Maximum Housing Cost shall be the established by the Department of Housing and Community Development s Local Initiative Program as may be revisited from time to time, or as revised from time to time by the Town. Preservation of Affordability; Restrictions on Resale 1. Each affordable unit created in accordance with this Bylaw shall have limitations governing its resale. The purpose of these limitations is to preserve the long-term affordability of the unit and to ensure its continued availability for affordable income households. The resale controls shall be established through a use restriction on the property pursuant to Section XX above and shall be in full force and effect in perpetuity or the longest period of time allowed by applicable law. 2. Sales beyond the initial sale to a qualified affordable income purchaser shall include the initial discount sale price not to exceed ninety percent of the property s appraised values (as defined under Section XX above) at the time of sale. This percentage shall be recorded as part of the restriction on the property pursuant to Section above. 3. The purchaser of an affordable housing unit developed as a result of this Bylaw shall agree to execute a deed rider approved by the Town, consistent w/ model riders prepared by DHCD, granting, among other things, the Town of Lenox or the Lenox Housing Trust the right of first refusal to purchase the property in the event that a subsequent qualified purchaser cannot be located. 4. The Building Commissioner shall not issue a building permit or a Certificate of Occupancy for any affordable unit until the regulatory agreement is recorded. Conflict with Other Bylaws The provisions of this Bylaw shall be considered supplemental of existing zoning bylaws. To the extent that a conflict exists between this Bylaw and others, the more restrictive bylaw, or provisions therein, shall apply. Review by Special Permit Granting Authority The only way to attain the By-Right provision of this Bylaw is by the provision of an affordable housing unit according to the above dimensional and other standards. Page 6 of 20

7 A Special Permit granted by the Board of Appeals may waive dimensional standards, but no relief may be granted from the provision of an affordable housing unit. Severability If any provision of this Bylaw is held invalid by a court of competent jurisdiction, the remainder of this Bylaw shall remain in full force and effect. Page 7 of 20

8 Maps of Nonconforming Parcels in Lenox This figure demonstrates the number and location of non-conforming parcels in Lenox, based on size. Other factors can make a property non-conforming, such as deficient frontage or deficient setbacks (side yards). The analysis conducted only considered size. Page 8 of 20

9 This figure demonstrates the number and location of non-conforming parcels based on respective zoning district. Page 9 of 20

10 This figure demonstrates the number and location of residential parcels that are considered too small under current zoning for a property owner to create an Accessory Dwelling Unit (ADU). Page 10 of 20

11 This figure demonstrates the number and location of parcels considered too small for 3 townhouses or 3 multi-family units under today s zoning bylaw. Page 11 of 20

12 This figure demonstrates where under current zoning a property owner or developer could consider greater density residential development. Note this analysis only considered lot size, not frontage or setback requirements. Page 12 of 20

13 This figure demonstrates parcels that are too small for lower density residential development either 3 townhouses or 3-unit multifamily structures. One interesting note on this is that looking at it, a number of these parcels are in traditionally dense neighborhoods. Page 13 of 20

14 This figure demonstrates the number and location of parcels too small for a two-family or duplex dwelling. Note that under current zoning, such structures are allowed only by Special Permit in four (4) zoning districts. Many would also require a Variance for relief from the lot size requirement. Page 14 of 20

15 Proposed Zoning Bylaw Amendments by Zoning District and Existing Examples Page 15 of 20

16 Zoning Bylaw Amendments Planning Board Resource Book, Berkshires Tomorrow, Inc. Page 16 of 20

17 Page 17 of 20

18 *NOTE: Notice must be submitted to the Berkshire Eagle at least two days in advance of your first publish date. I.E. if you want something in the paper for Wednesday, you need to submit it to the Eagle no later than noon of that Monday. For Monday papers, you need to submit by noon on the previous Thursday. Page 18 of 20

19 *NOTE: the Report may be submitted in writing or made orally at Town Meeting. Page 19 of 20

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