Zoning for Affordable Housing: Inclusionary Zoning and Beyond City of Northampton April 7, 2006 Wayne Feiden, AICP WFeiden@Northampton. MA. gov Director of Planning and Development City of Northampton Office of Planning and Development
Themes l Interest in housing for <60% and 80% AMI l Growing interest in “market-rate” affordable 80 -120% AMI l Regulations AND other actions critical l Evolutionary approach– no one single action l. Market-rate affordable l. Housing at all ends of the market l. Subsidized (financial or regulatory) City of Northampton Office of Planning and Development
Housing Challenges l Changing demographics (smaller family size) l Median-income families that can’t afford to buy l New units at high end of market l Perception of affordable housing residents l Median-home property tax<education cost City of Northampton Office of Planning and Development
Northampton Affordable Housing Current 40 B Count 1, 454 units 11. 8% (DHCD) 1, 487 units 12. 1% (City) (+ 3 homeless shelters, no 40 B credit) (universe=12, 282 units) Projection of 2010 Count 1, 620 units 12. 4% (universe= 12, 935 total) City of Northampton Office of Planning and Development
2000 -2010 40 B Units Zoning incentives Partially by incentives units 41 units 210 2000 -2010 Market-rate affordable Regulatory incentives 50% City of Northampton Office of Planning and Development
Mixed-Use Revitalization 1. Public Funds 2. Use of public land 3. CBD: NO Zoning for FAR, frontage, or building coverage 4. LOW in-lieu-of parking fees 5. Housing NOT on first floor Mixed Use SRO & retail Homeless shelter, condo & offices City of Northampton Office of Planning and Development
Downtown-edge Housing • New housing reduces condo -conversion pressure • Permissive Dimensional • Townhouse by-right • CDBG for affordable units Millbank City of Northampton Office of Planning and Development Bixby Court
Zoning and Subdivision Measures l Incentive Two-family by-right Accessory apartments by-right Reduce minimum lot size l Bonus density l Subdivision waivers l Streamlined administration l Reduced fees l CDBG/other as gap financing l l City of Northampton Office of Planning and Development Inclusionary
Affordable Housing under Zoning l l l 99 years affordability Minimum 80% Area Median Income No subordination to mortgage City of Northampton Office of Planning and Development
Two-families can blend in! Habitat, Pine Brook Curve Single front door Rental, condominium, or zero-lot-line City of Northampton Office of Planning and Development Northampton Land Trust
Accessory Apartment • Owner-occupant requirements • Attached with single or hidden door • Maximum size (800 or 900 square feet) • By-right (Detached=Special permit) City of Northampton Office of Planning and Development
Cluster, PUDs & overlays l. All segments of the marketplace l. Bonus density for affordable housing l. More open space preserved City of Northampton Office of Planning and Development Co-Housing
City Limited Development: Affordable Housing AND other goals l l l Market Rate Housing AND: Housing for 50% of Area Median Income AND: Conservation, Recreation, and Landfill Buffer City as applicant– permit skills as value added Demonstration of FRIENDLY Comp Permit City of Northampton Office of Planning and Development Source: Habitat for Humanity
Northampton Next Steps Priority Development Fund Project Explore: l Inclusionary Housing Requirement – Currently: 1) subdivision waivers and – 2) bonus density (cluster and RI zoning district) l 40 R Smart Growth Overlay – Especially with 40 S l Transfer of Development Rights City of Northampton Office of Planning and Development
Inclusionary Housing Zoning 10% to 12% affordable housing l l l l Retain local control of affordable housing Maintain ratio of affordable housing Be an inclusive community with housing opportunities Allow sons and daughters to remain. Fulfill social contract to those in need. Provide economic diversity AND attract jobs. Avoid being economically homogenous. City of Northampton Office of Planning and Development
Inclusionary Housing l l Community fixes deficiencies Developer ensures 10% or 12% in project – Insures that growth of market rate housing does not shrink community percentage of affordable housing l l l Length of affordability Thresholds Exemptions City of Northampton Office of Planning and Development
Inclusionary Housing Legal Issues l l Home Rule (MA Constitution Amendment--Article 89, § 6, restated in Durand v. Bellingham) No specific general court authorization required. Affordable housing fees voluntary payment-in-lieu of fees – Not mandatory (Emerson College v. Boston and Dacey v. Barnstable). l Public purpose (MGL C. 40 B: Increase “low or moderate income housing” to 10% – Document the connection, or nexus, between additional market-rate housing and the need for additional affordable housing. l No Interference with reasonable investment-backed expectations: – Land cannot be made undevelopable. Developers must mitigate ALL the impacts of their projects, including how their project decreases the percentage of community’s affordable housing. City of Northampton Office of Planning and Development
40 R Smart Growth Overlay Most of the same issues as inclusionary l One size fits all problem l Better community financial benefits l City of Northampton Office of Planning and Development
Transfer of Development Rights Could be TDR as alternative to 40 R zoning without affordability l Transfer could replace other local requirements l Problem: if TDR works, it may be that more density could be allowed by-right l City of Northampton Office of Planning and Development
Key Points Political support l Fiscal stress quickly weakens support l What is the right number? l Trade-offs for affordable units l Evolution of approach l l Affordable (40 B) vs. affordable (market) l Must be part of EVERY activity City of Northampton Office of Planning and Development
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