CITY OF CHARLOTTESVILLE NEIGHBORHOOD DEVELOPMENT SERVICES MEMORANDUM To: Charlottesville Planning Commission From: Brian Haluska, Neighborhood Planner Date: October 21, 2008 Re: Zoning Text Amendment Request Background The Planning Commission voted at their August meeting to initiate a zoning text amendment examining the density limitations in the R-3, R-UMD and R-UHD districts. The proposal came from the owners of multi-family residential housing, primarily occupied by students. The reasoning behind the request is that the current unit per acre standard leads developers of student housing to construct projects comprised entirely of 4 bedrooms units. The developers propose a standard based on bedrooms per acre, which would not increase the number of potential bedrooms the developers could build, but would introduce flexibility into the unit layout of the buildings permitting the construction of 1 and 2 bedroom units. Analysis The proposed change based on the issue the University area developers pointed out, would be to multiply the number permissible dwelling units per acre by 4, and change the language to bedrooms per acre. Thus, 21 dwelling units per acre would become 84 bedrooms per acre. A wider variety of units would allow a single student to rent a 1- bedroom unit, and groups of students to rent units that have the requisite number of bedrooms they desire. Because the City s restriction on the number of unrelated persons that may reside in a property is based on the number of units, a density limitation based on bedrooms could potentially increase the number of residents permitted in a development. A simple example of this is that one 4-bedroom unit can currently legally accommodate 4 unrelated persons, or 1 per bedroom. Under the proposed amendment, a developer could construct two 2-bedroom apartments and have the same density as one 4-bedroom apartment. These two units could each legally accommodate 4 unrelated individuals, or a total of eight persons. The below table shows that by basing the density on a bedroom calculation, the proposed change could potentially double the amount of people permitted to reside in a development. It should be noted that several privately owned County apartment
complexes restrict the number of lessees to 2 per bedroom in a unit. So the situation described above is not outside the realm of possibility. Density Limit (per Acre) Maximum units Per Acre Potential Persons Per Acre 21 Dwelling units 21 Units 84 Persons 84 Bedrooms 84 Units 168 Persons 43 Dwelling units 43 Units 172 Persons 172 Bedrooms 172 Units 344 Persons 64 Dwelling units 64 Units 256 Persons 256 Bedrooms 256 Units 512 Persons 87 Dwelling Units 87 Units 348 Persons 348 Bedrooms 348 Units 696 Persons Based on these calculations, the proposal can be seen as a density increase that has the potential to double the number of residents in the targeted zones. Such an increase would primarily affect the availability of parking in the affected areas. In spite of the potential number of residents doubling, the parking regulations for a development would remain the same, at one space per two bedrooms. Recommendation The opinion of staff is that the proposal could result in a density increase in the residential areas that primarily serve the University student population. The potential for an increase in density anywhere in the City is one that must be weighed carefully. The potential to increase the density in existing buildings, and the impact of parking in surrounding neighborhoods is one that cannot be overlooked. Staff feels that the issue raised by apartment complex owners in the University area can be best dealt with via an alternative avenue requesting an increase in the allowable density measured in units per acre without a corresponding increase in allowable building size. Based on the proposal s current form, staff recommends the amendment be denied. Standard of Review The Planning Commission must make an advisory recommendation to City Council. Council may amend the zoning ordinance upon finding that the proposed amendment would serve the interests of public necessity, convenience, general welfare, or good zoning practice. The factors to consider in weighing the merit of a zoning text amendment include conformity with the comprehensive plan, furthering the purposes of the zoning code and the community s general welfare, and ascertaining the need and justification for the change. Suggested motions
1. I move to recommend approval of this zoning text amendment, to amend and re-ordain Sections 34-367 through 34-370 and Section 34-420 of the Charlottesville City Code (1990) as amended (Zoning Ordinance) to make changes to the regulations of Regulations for Multifamily Residential Developments on the basis that the changes would serve the interests of the general public welfare and good zoning practice. 2. I move to recommend denial of this zoning text amendment, to amend and reordain Sections 34-367 through 34-370 and Section 34-420 of the Charlottesville City Code (1990) as amended (Zoning Ordinance) to make changes to the regulations of Regulations for Multifamily Residential Developments on the basis that the changes would not serve the interests of [public necessity, convenience, general public welfare, and/or good zoning practice] for the following reasons:
AN ORDINANCE TO AMEND CHAPTER 34 OF THE CODE OF THE CITY OF CHARLOTTESVILLE (1990), AS AMENDED Article III of the City Code concerning Residential Zoning Districts Amend Article III (Residential Zoning Districts), Division 3 (Regulations Multifamily Residential Developments), Sections 34-367 through 370 and Division 7 (Use Matrix), Sections 34-420, as follows: Sec. 34-367. Bedrooms--Limitation of number in R-UMD and R-UHD Districts. Within the R-UMD and R-UHD zoning districts, the number of bedrooms permitted within a multifamily development shall be restricted as follows: (1) Density of 3-21 DUA: R-UMD: Eighty-four (84) bedrooms per acre, maximum; not more than four (4) bedrooms per dwelling unit R-UHD: Eighty-four (84) bedrooms per acre, maximum; not more than four (4) bedrooms per dwelling unit (2) Density of 22-64 DUA: R-UMD: One hundred fifty (150) bedrooms per acre, maximum; not more than: Four (4) bedrooms per dwelling unit (units attributable to density of up to twenty-one (21) DUA), and Three (3) bedrooms per dwelling unit (units attributable to density in excess of twentyone (21) DUA) R-UHD: Two hundred fifteen (215) bedrooms per acre, maximum; not more than: Four(4) bedrooms per dwelling unit (units attributable to density of up to twenty-one (21) DUA), and Three (3) bedrooms per dwelling unit (units attributable to the density in excess of twenty-one (21) DUA) (3) For densities in excess of sixty-four (64) DUA approved by special use permit within the R-UHD district, the city council may establish reasonable conditions limiting the number of bedrooms per dwelling unit. (9-15-03(3); 6-6-05(2)) Sec. 34-368 367. Density bonus, R-UMD and R-UHD. Within a multifamily development proposed within any R-UMD or R-UHD district, an additional five (5) units twenty (20) bedrooms shall be allowed over and above the number of units bedrooms permitted by the density limitations of the applicable zoning district, for each single-family detached dwelling owned by the developer and for which the developer records restrictive covenants requiring such dwelling, for so long as it remains a residential use, to be: (i) owner-occupied, and (ii) used and occupied by no more than two (2) persons unrelated by blood or marriage. To qualify for this bonus, the single-family detached dwelling must be located within an R- 1(U) or R-2(U) zoning district within the city, and the restrictive covenants must be recorded prior to approval of the preliminary site plan for the multifamily development to which the bonus units will be applied. (9-15-03(3))
Sec. 34-369 368. Retail sales and consumer service uses. Sec. 34-370 369. Property management offices. Sec. 34-420. Use matrix--residential zoning districts Use Types ZONING DISTRICTS R-3 R-UMD R-UHD RESIDENTIAL AND RELATED USES Residential density (developments) 1--84 Bedrooms per acre B B B 85--172 Bedrooms per acre S B B 173-256 Bedrooms per acre S B 257-348 Bedrooms per acre S S Requirements 34- xxxx