Voluntary Inclusionary Zoning

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Voluntary Inclusionary Zoning Zoning Ordinance Advisory Committee August 17, 2017 Pam Thompson, Senior Planner, Sustainable Development and Construction

Presentation Overview Recap Purpose/Approach Questions and answers re: VIZ elements Purpose Location Parking Bonuses Staff recommendation Next steps 2

Recap Voluntary Inclusionary Zoning Inclusionary zoning incentivizes housing at a wide variety of income levels. In Texas, it is voluntary. On August 16, 2016, the Housing Committee directed staff to initiate the code amendment process for voluntary inclusionary zoning. HUD, forwarddallas!, and Neighborhood Plus all encourage more housing options, particularly in areas of opportunity. More than 130,000 families across the income spectrum (including more than 20,000 making $35,000 to $75,000) are considered rent-burdened, and additional supply at all price levels will help alleviate price pressure. 3

Recap Goal and Objectives Neighborhood Plus Goal 6.2: Expand affordable housing options and encourage its distribution throughout the city and region Staff recommends that a voluntary inclusionary zoning code amendment: Incentivize additional housing available to families at a wide variety of income levels in a wide variety of locations Encourage urban and pedestrian-oriented mixedincome development with appropriate amenities in targeted areas 4

Recap - Potential Development Bonuses Allow for increased height and remove minimum lot-size constraints in MF-1 and MF-2 districts Allow for additional density and floor area ratio in MU-1 and MU-2 districts. Allow parking reductions, such as for residential units with proximity to transit or for larger units designed for families. 5

Recap: Community Benefits - Design Additional design controls can reduce auto dependency, reduce the need for parking, and encourage alternative modes of transit. A King County (the home of Seattle) study of parking utilization rates showed that auto use drops in areas that are designed to encourage other modes of transportation. Encourage walkability No parking and only minimal drive aisles in front of the building (between building and street) Ground-floor entrances to open directly to the sidewalk or open space Pedestrian amenities such as wide sidewalks and street trees. Require minimum amount of ground floor transparency and set a maximum allowed blank wall area Only short fences with pedestrian gates allowed. Provide a minimum % of the property as open space Intended to provide active and passive recreation, to provide landscaping area, or to enable groundwater recharge, for example. Open space is not intended to be driven or parked upon. http://metro.kingcounty.gov/up/projects/right-size-parking/pdf/ite-journal-feb-2013-drowe.pdf http://metro.kingcounty.gov/programs-projects/right-size-parking/pdf/rsp-final-report-8-2015.pdf http://metro.kingcounty.gov/programs-projects/right-size-parking/pdf/140110-rsp-model-code.pdf 6

Recap - Voluntary Development bonuses under this program are voluntary. If a developer does not want to take advantage of the bonus, he or she can Utilize the existing zoning without the bonus Apply for a zoning change 7

Recap - Recommended Amendments Provide development bonuses in multifamily and mixed-use zoning districts for the provision of mixed-income housing. Amend existing Standard Affordable Housing(SAH) districts to match changes to standard districts for development bonuses. Amend Section 51A-4.900 to update implementation rules for set-aside units. 8

Approach Staff recommends the following approach for crafting regulations for voluntary inclusionary zoning Review/introduction of background elements Discussion of recommended zoning and policy elements Stakeholder/ZOAC feedback Report back on the stakeholder/zoac feedback Discussion of implementation recommendations Incorporate additional external research, including the Assessment of Fair Housing and a market value analysis Housing Department projects in progress results due late summer Meet with other departments to discuss implementation process Final review of recommended zoning and policy elements and ZOAC recommendation to CPC 9

Purpose The main purpose of this voluntary inclusionary zoning proposal is to provide a wider variety of housing options to a wider variety of people in a wider variety of areas, particularly in areas of high opportunity. It can also begin to produce market-rate housing in racially and ethnically concentrated areas of poverty. Housing Committee directed ZOAC to work out the details of a recommendation responding to the HUD VCA to provide more housing choices, particularly for those families living in racially and ethnically concentrated areas of poverty. 10

Will it be enough? And will it work? Applied to more than 11,000 acres across the city, and at set-asides of 5% to 15%, this code amendment could produce thousands of needed units over time. Example: 50 units per acre times 11,000 acres is 550,000 new units. 5% of 550,000 is 27,500. => This recommendation has the capacity to address both the current housing deficit and the current rent burden of families under 60-80% of area median income. => Stakeholder response has been positive. Supply is currently partially constrained by the need for zoning changes for development proposals. These focus districts are generally well-located, near transit and good transportation. 11

Location Wider variety of areas By focusing on MF-1, MF-2, MU-1, and MU-2, the city can more efficiently use property that is currently under-utilized. While it is true that much of Dallas is single family, industrial, agriculturally-zoned property, or planned development districts, these MF-1, MF-2, etc. districts represent more than 11,000 acres located throughout Dallas. 12

Location Wider variety of areas Applicable districts highlighted in blue 13

Location Wider variety of areas Applicable districts highlighted in blue 14

Location Why these districts? Why MF-1, MF-2, etc.? Is it true that few developers are utilizing this zoning? 40,000 35,000 30,000 25,000 20,000 15,000 MF-1 and MF-2 Below and to the left are charts showing the number of units, grouped by decade of construction, that exist under MF-1, MF-2, MU- 1, and MU-2 zoning classifications. By comparison, each decade produced about 30,000 to 50,000 units overall that are still in service. =>These districts are not being fully used in their current form. 10,000 5,000 5000 MU-1 and MU-2 0 older 1960s 1970s 1980s 1990s 2000s 2010s Data sources: DCAD parcel table, DCAD commercial detail table, City of Dallas zoning districts; staff analysis 0 older 1960s 1970s 1980s 1990s 2000s 2010s 15

What about parking? (ratios) The staff recommendation is 1 ¼ spaces per unit. What are developers currently requesting? And what are they currently required to build? See supplemental information What is the current breakdown of bedroom types? From the 1st Q 2017 MPF Research report sampled units table, the breakdown can be estimated: Eff 1 BR 2 BR 3 BR 3% 51% 39% 7% 16

What about parking? (visitors) In some situations, for example, senior living communities, the residents may not have a car, but they have multiple service providers that arrive by car. The VIZ parking reduction recommends ¼ parking space per unit for visitor parking if the required parking is restricted to resident parking only. Senior housing developers may want to choose to provide additional guest parking if their residents are likely to have multiple service providers each day for significant portions of the day. 17

What about parking? (walkability) Are these districts within walking distance of basics, like a pharmacy or grocery store? Staff mapped the location of grocery stores throughout Dallas and drew a ½ mile radius around the stores. Some areas of far north Dallas, some portions of the Skillman Corridor, some portions of Cedar Crest, and the area around the Southwestern Medical Center are not within ½ mile of a grocery store, => Most of the rest of the MF-1, etc. properties are within ½ mile of at least one full grocery store (like a Fiesta, Tom Thumb, Walmart, etc.) Additional residential density encourages retailers to build. Examples of recently announced/under construction grocery stores near downtown, per Dallas Morning News: Kroger at Ross Avenue and Hall Street. Whole Foods Market - McKinney Avenue in Uptown (200 apartments on top of the 38,000-square-foot grocery) Tom Thumb Akard in Uptown (at the Union tower project) Tom Thumb Live Oak Street east of downtown (at City Lights) 18

What about parking? (walkability) Each green circle is a ½ mile radius around a grocery store. 19

What about parking? (walkability) Each green circle is a ½ mile radius around a grocery store. 20

Stakeholder Feedback Bonuses Stakeholder feedback summary on development bonuses: No changes to staff s recommendations for MF-1 and MF-2 Remove FAR entirely for MU-1 and MU-2 Staff agrees. Both MU-1 and MU-2 control for unit density per acre, height, maximum stories, and lot coverage, rendering additional controls through FAR redundant. Consider changes to MF-3 Changes to MF-3 are still under consideration. 21

Stakeholder Feedback MF-1 and MF-2 Feedback - no changes recommended MF-1 and MF-2 Districts Current High opportunity area/tod Non-R/ECAP R/ECAP 5% at 60% 5% at 60% 5% at 60% & 5% at 80% & 5% at 80% & 5%<100% 5% at 80% none 10% at 80% required Setbacks 10-15' no changes Max unit density/acre none 80 95 120 80 95 95 Floor area ratio none no changes Height 36' 51' 66' 78' 51' 66' 66' Max stories no max no changes Lot coverage (res) 60% 80% 80% 80% 80% 80% 80% Min lot size unit varies remove requirements Parking requirements 1 per bedroom.* 1 ¼ space per unit. An additional ¼ space per dwelling unit must be provided for guest parking if the required parking is restricted to resident parking only. No additional parking is required for accessory uses that are limited principally to residents. *Section 51A-4.209 (b) (5) (c) Required off-street parking: One space per bedroom with a minimum of one space per dwelling unit. An additional one-quarter space per dwelling unit must be provided for guest parking if the required parking is restricted to resident parking only. No additional parking is required for accessory uses that are limited principally to residents. Section 51A-2.102 (9) BEDROOM means any room in a dwelling unit other than a kitchen, dining room, living room, bathroom, or closet. Additional dining rooms and living rooms, and all dens, game rooms, sun rooms, and other similar rooms are considered bedrooms. 22

Stakeholder Feedback MU-1 Staff recommendation: MU-1 District Current High opportunity area/tod Non-R/ECAP R/ECAP 5% at 60% & 5% at 60% & 5% at 80% & none 5% at 60% 5% at 80% 5%<100% 5% at 80% 10% at 80% required Setbacks 0-20' no changes Max unit density/acre 15-25 current + 55 current + 65 current + 75 current + 55 current + 65 current + 55 Floor area ratio 1-1.1 Remove FAR requirement (height, stories, and max unit density adequately control) Height 80-120 no change Max stories 7-9 no change Lot coverage (res) 80% no change Min lot size unit n/a no change Parking requirements 1 per bedroom.* 1 ¼ space per unit. An additional ¼ space per dwelling unit must be provided for guest parking if the required parking is restricted to resident parking only. No additional parking is required for accessory uses that are limited principally to residents. *Section 51A-4.209 (b) (5) (c) Required off-street parking: One space per bedroom with a minimum of one space per dwelling unit. An additional onequarter space per dwelling unit must be provided for guest parking if the required parking is restricted to resident parking only. No additional parking is required for accessory uses that are limited principally to residents. Section 51A-2.102 (9) BEDROOM means any room in a dwelling unit other than a kitchen, dining room, living room, bathroom, or closet. Additional dining rooms and living rooms, and all dens, game rooms, sun rooms, and other similar rooms are considered bedrooms. 23

Stakeholder Feedback MU-2 Staff recommendation: MU-2 District Current High opportunity area/tod Non-R/ECAP R/ECAP 5% at 60% & 5% at 80% & 5%<100% 5% at 80% 10% at 80% 5% at 60% 5% at 60% & 5% at 80% none required Setbacks 0-20' no changes Max unit density/acre 50-100 current + 50 current + 60 current + 70 current + 50 current + 60 current + 50 Floor area ratio 2.0-2.25 Remove FAR requirement (height, stories, and max unit density adequately control) Height 135-180 no change Max stories 10-14 no change Lot coverage (res) 80% no change Min lot size unit 0-20' no changes Parking requirements 1 per bedroom.* 1 ¼ space per unit. An additional ¼ space per dwelling unit must be provided for guest parking if the required parking is restricted to resident parking only. No additional parking is required for accessory uses that are limited principally to residents. *Section 51A-4.209 (b) (5) (c) Required off-street parking: One space per bedroom with a minimum of one space per dwelling unit. An additional onequarter space per dwelling unit must be provided for guest parking if the required parking is restricted to resident parking only. No additional parking is required for accessory uses that are limited principally to residents. Section 51A-2.102 (9) BEDROOM means any room in a dwelling unit other than a kitchen, dining room, living room, bathroom, or closet. Additional dining rooms and living rooms, and all dens, game rooms, sun rooms, and other similar rooms are considered bedrooms. 24

Next Up Receive feedback from ZOAC and stakeholders Move forward with these recommendations? Revise details of staff recommendation for development bonus based on feedback Develop amendments to Section 51A-4.900 (affordable housing implementation) Consult with other departments to ensure commonality across the City 25

Appendix: Current Zoning - MF-1(A) and MF-2(A) MF-1 MF-1 (SAH) MF-2 MF-2 (SAH) Minimum front yard 15 15 15 15 Minimum side yard 10 10 10 10 Minimum rear yard 15 15 15 15 Max unit density per acre - 15-30 - 20-40 Floor area ratio - - - - Max height 36 36 36 36 Max stories - - - - Max lot coverage (%) 60 60 60 60 Min lot size per unit 1,000-1,8001,000-1,800 800-1,200 800-1,200 *SAH Standard Affordable Housing approximately 20 locations throughout Dallas; Districts created in response to the now-expired Walker Consent Decree. 26

Appendix: Current Zoning - MU-1 and MU-2 MU-1 MU-1 (SAH) MU-2 MU-2 (SAH) Minimum front yard 15 15 15 15 Minimum side yard 0-20 0-20 0-20 0-20 Minimum rear yard 0-20 0-20 0-20 0-20 Max unit density per acre 15-25 10-25 50-100 30-100 Floor area ratio 0.8-1.1 0.8-1.1 1.6-2.25 1.6-2.25 Max height 80-120 80-120 135-180 135-180 Max stories 7-9 7-9 10-14 10-14 Max lot coverage (%) 80 80 80 80 *SAH Standard Affordable Housing approximately 20 locations throughout Dallas; Districts created in response to the now-expired Walker Consent Decree. 27

Appendix: Concentrated Poverty Source: Neighborhood Plus, October 2015 28

Appendix: High Opportunity & R/ECAP High opportunity areas: Dallas Census tracts with a poverty rate of less than 20% In the attendance zone of an elementary school that has a state accountability rating of Met Standard from the Texas Education Agency Racially and ethnically concentrated areas of poverty Non-white population of 50 percent or more. Poverty rate that exceeds 40% or is three or more times the average tract poverty rate for the metropolitan area, whichever threshold is lower Non-RECAP 29

Appendix: High Opportunity & Zoning 30

Appendix: High Opportunity & Zoning 31

Voluntary Inclusionary Zoning Zoning Ordinance Advisory Committee August 17, 2017 Pam Thompson Senior Planner Sustainable Development and Construction Pam.Thompson@dallascityhall.com http://dallascityhall.com/departments/sustainabledevelopment /planning/pages/code-amendments.aspx