ZONING AND LAND USE: CHARLOTTESVILLE COMMUNITY DISCUSSION RELATED TO PLANNING FUTURES AND CITIZEN IMPACTS Session Leaders Kim Rolla, Esq. William M. Harris, Sr., FAICP, PhD • Introductions • Goals for tonight • Roadmap – Charlottesville context – Intro to zoning and land use – Gentrification and form-based code: what are they and are they related? – Toolbox and action steps CHARLOTTESVILLE CONTEXT Strategic Investment Area • Plan adopted by Council as an appendix to the Comprehensive Plan on February 3, 2014. • Purpose: “provide guidance for future redevelopment and investment in the area” – Mixed-income and mixed use without displacement • Massive: 271 pages • Recent demographic shifts (2000-2012) – Black residents: 51% 38% – White residents: 45% 54% – Average household income: $30k $40k SIA (with subsidized housing) SIA: infill properties Form-based code & the SIA • Tool to implement recommendations of SIA – Catalyst project – 3 phases • RFP for consultants to write FBC already out – FBC must be written within 12 months of contract – Proposals must contain only two public meetings City: “The SIA Plan is a guide. It is not a prescriptive document meant to be followed to the letter. The implementation depends on feedback from the public, especially owners in the study area.” ROLES OF PLANNERS: AICP Code of Ethics and Professional Conduct Professional planners (AICP) pledge: (f) We shall seek social justice by working to expand choice and opportunity for all persons, recognizing a special responsibility to plan for the needs of the disadvantaged and to promote racial and economic integration. We shall urge the alteration of policies, institutions, and decisions that oppose such needs. (April 2016) ZONING DEFINED: PEOPLE TALK • Zoning is LAW (formally since 1926) and sanctioned under the POLICE POWERS. • Zoning is used to specify land use. • Zoning is used to protect the health, welfare and safety, and morals of a community. • Zoning, ideally seeks to ensure the highest and best use of land and welfare of residents. • Zoning exists in many forms. TYPICAL CONSEQUENCES OF ZONING • Residential segregation/integration (by race and income): exclusionary/inclusionary zoning • Performance zoning: provide flexibility, rationality, transparency and accountability • Incentive zoning: provide a reward-based system to encourage development that meets established urban development • Form-Based Codes: allows maximum, laissez faire government toward development FAMILIAR APPARATUS OF ZONING • Subdivision Regulations • Housing Codes • Planned Unit Developments • Transfer Development Rights • Capital Improvement (Budget) Program • Form-Based Codes FORM-BASED CODES Form-Based Codes (FBC) are NOT zoning. They are tools that may be used within the context of zoning to achieve certain development goals. • FBCs rely upon a vision for broad-based development in a sector of the city or more. • FBCs seek to simplify zoning language. • FBCs are weighed toward design (aesthetics) and limited governmental involvement. FORM-BASED CODES Advantages v. Disadvantages Impacts Upon the Poor • ADVANTAGES DISADVANTAGES • “Granny flats” for the poor Displacement to outer fringe • Cheap labor in lowest service Increased gentrification • Attractive physical settings Lack employment advancement • Greater ease for development Social/economic segregation • Less government intervention Increase racial tensions IMAGES OF FBC DEVELOPMENTS WHAT IS FORM-BASED CODE? WHAT IS GENTRIFICATION? Form-Based Code • Design based (aesthetics) – “transects” • “Charrettes” instead of planner driven – Simplified? (Nashville >100 pages to 5 pages) • Prescriptive: follow code approved! – Expedited Staff Review (public?) • Broader context: New Urbanism Gentrification • “the process of renewal and rebuilding accompanying the influx of middle-class or affluent people into deteriorating areas that often displaces poorer residents” • Zoning’s role? – Communitarian (“taking”) v. elitist (NIMBY) – History of racism: explicit and then less so Are the two related? 1. Accelerated development and growth – Case study: Nashville 2. Decreased public process – Case study: New Orleans – Flip: NIMBY block? 3. Who participates in and controls charrettes? 4. Downzoning – Case study: Charlottesville (Free Enterprise Forum) – Who gets downzoned and why? 5. Interaction with Affordable Housing Ordinance – Proffers and SUPs TOOLBOX & ACTION STEPS Remember: “The SIA Plan is a guide. It is not a prescriptive document meant to be followed to the letter. The implementation depends on feedback from the public, especially owners in the study area.” Who is John Forrest Dillon & why should I care? Toolbox: a Sampling 1. Inclusionary zoning A. Mandatory (GA required) B. Proffer I. Current AHO II. FBC: Arlington Columbia Pike (GA unclear) 2. Property tax exemptions (GA yes) 3. Source of income protection (GA unclear) Tl;dr 1. We need you involved NOW! A. The process is moving quickly B. FBC may mean less opportunities for input later 2. The city needs tools specifically designed for preserving and expanding affordable housing A. FBC is not sufficient B. It’s up to you to determine whether it even belongs in the box… .