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Incentive Zoning Pam Thompson, Senior Planner, Sustainable Development and Construction Zoning Ordinance Advisory Committee August 16, 2018
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Incentive Zoning - Dallas€¦ · issued under incentive zoning. • Developer (and all subsequent owners) submits compliance paperwork regularly during period of compliance. Requirements

Jun 28, 2020

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Page 1: Incentive Zoning - Dallas€¦ · issued under incentive zoning. • Developer (and all subsequent owners) submits compliance paperwork regularly during period of compliance. Requirements

Incentive Zoning

Pam Thompson, Senior Planner, Sustainable Development and Construction

Zoning Ordinance Advisory CommitteeAugust 16, 2018

Page 2: Incentive Zoning - Dallas€¦ · issued under incentive zoning. • Developer (and all subsequent owners) submits compliance paperwork regularly during period of compliance. Requirements

Presentation Overview

• MF-3 and MU-3• Implementation• Compliance (Housing)• Next steps

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Page 3: Incentive Zoning - Dallas€¦ · issued under incentive zoning. • Developer (and all subsequent owners) submits compliance paperwork regularly during period of compliance. Requirements

MU-3 and MF-3(A)Districts

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Page 4: Incentive Zoning - Dallas€¦ · issued under incentive zoning. • Developer (and all subsequent owners) submits compliance paperwork regularly during period of compliance. Requirements

MU-3 & MF-3(A) - PurposeSec. 51A-4.125(f) MU-3 and MU-3(SAH) districts.

(1) Purpose. To provide for the development of high density retail, office, hotel, and/or multifamily residential uses in combination on single or contiguous building sites; to encourage innovative and energy conscious design, efficient circulation systems, the conservation of land, and the minimization of vehicular travel. Additionally, the MU-3(SAH) district is created to encourage the provision of affordable housing.

Sec. 51A-4.116(c) MF-3(A) district.(1) Purpose. To provide for the development and protection of midrise, medium density multifamily residential dwellings built on one lot. This district is not intended to be located in areas of low density residential development.

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Page 5: Incentive Zoning - Dallas€¦ · issued under incentive zoning. • Developer (and all subsequent owners) submits compliance paperwork regularly during period of compliance. Requirements

MU-3 & MF-3(A) - Location

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Page 6: Incentive Zoning - Dallas€¦ · issued under incentive zoning. • Developer (and all subsequent owners) submits compliance paperwork regularly during period of compliance. Requirements

MU-3 & MF-3(A) - Location

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Page 7: Incentive Zoning - Dallas€¦ · issued under incentive zoning. • Developer (and all subsequent owners) submits compliance paperwork regularly during period of compliance. Requirements

MU-3 & MF-3(A) – Current RequirementsCurrent Requirements MU-3 and MF-3(A)

MU-3 MF-3(A)No set asides

Setbacks 0-20

Setback: 10-20'Urban form: 20'

Tower spacing: 30'Max unit density none 90FAR (total dev) 3.2-4.5 2.0Height 270 90Stories 20 No maxLot coverage 80% 60%Min lot size/bedroom None VariesRes. Proximity Slope Required

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Page 8: Incentive Zoning - Dallas€¦ · issued under incentive zoning. • Developer (and all subsequent owners) submits compliance paperwork regularly during period of compliance. Requirements

Incentives – MF-3(A)MF-3(A) Districts

Current Category A, B, C Category D, E, F Cat. G, H, I

5% at 60%5% at 60% &

5% at 80%

5% at 60% & 5% at 80% &

5%<100% 5% at 80% 10% at 80%

10% at 80% & 5% at

100%none required

Setbacks

10-20'Urban form: 20'

Tower spacing: 30'Max units per acre 90 100 120 150 100 120 150 150Floor area ratio 2.0 maintain requirements; apply to commercial onlyHeight 90' 90’ 105’ 120’ 90’ 105’ 120’ 120’Max stories no max no changes

Lot coverage (residential) 60% 80% 80% 85% 80% 80% 85% 85%Min lot size unit varies remove requirementsRes. Proximity Slope required no changes

Transit Oriented Development

For MF-3, max lot coverage of 85%. One parking space per unit. Of the required parking, at least fifteen percent must be available for guest parking.

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Page 9: Incentive Zoning - Dallas€¦ · issued under incentive zoning. • Developer (and all subsequent owners) submits compliance paperwork regularly during period of compliance. Requirements

Incentives – MU-3MU-3 District

Current Category A, B, C Category D, E, F Cat. G, H, I

5% at 60%5% at 60% &

5% at 80%

5% at 60% & 5% at 80% &

5%<100% 5% at 80% 10% at 80%

10% at 80% & 5% at

100%none

requiredSetbacks 0-20 no changeMax Unit density none No max unit densityFAR 3.2-4.5 +0.5 +1 +1.5 +0.5 +1 +1.5 +1.5Height 270 no changeStories 20 no changeLot coverage 80% 80% 85% 85% 80% 85% 85% 85%min lot size/bdrm none no changeRes. Proximity Slope required no changes

Transit Oriented Development

For MU-3, additional 1 FAR and max lot coverage of 90%. One parking space per unit. Of the required parking, at least fifteen percent must be available for guest parking.

Notes Additional FAR is added to the total allowed FAR and may be applied to any allowed use.

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Page 10: Incentive Zoning - Dallas€¦ · issued under incentive zoning. • Developer (and all subsequent owners) submits compliance paperwork regularly during period of compliance. Requirements

Implementation

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Page 11: Incentive Zoning - Dallas€¦ · issued under incentive zoning. • Developer (and all subsequent owners) submits compliance paperwork regularly during period of compliance. Requirements

Development Initiation and Permits• Developer

• Meets with the city’s Housing Department to • request a letter of MVA verification and • information about compliance requirements for the incentive

zoning program• Begins the permit application process

• Obtain zoning letter of verification (if needed)• Submits all items required for a building permit• Begins the deed restriction process, including information about

percentage of units reserved, income limits, length of compliance, etc.

• Submits an official copy of the executed and filed deed restriction prior to permit issuance

• City produces monthly report of building permits issued under incentive zoning

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Page 12: Incentive Zoning - Dallas€¦ · issued under incentive zoning. • Developer (and all subsequent owners) submits compliance paperwork regularly during period of compliance. Requirements

Development Construction & Completion• Developer

• Begins construction.• Prior to beginning leasing, developer begins compliance process,

including marketing the property according to fair housing rules, reserving units, etc.

• Completes construction and submits documentation for a final certificate of occupancy.

• City reviews for compliance with all aspects of the permit and, if complete, issues final CO.

• City creates a monthly report of the certificates of occupancy issued under incentive zoning.

• Developer (and all subsequent owners) submits compliance paperwork regularly during period of compliance. Requirements stay with the development, not the ownership.

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Page 13: Incentive Zoning - Dallas€¦ · issued under incentive zoning. • Developer (and all subsequent owners) submits compliance paperwork regularly during period of compliance. Requirements

Compliance

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Page 14: Incentive Zoning - Dallas€¦ · issued under incentive zoning. • Developer (and all subsequent owners) submits compliance paperwork regularly during period of compliance. Requirements

Appendix

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Page 15: Incentive Zoning - Dallas€¦ · issued under incentive zoning. • Developer (and all subsequent owners) submits compliance paperwork regularly during period of compliance. Requirements

Incentives – Current Recommendation

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MF-1(A) and MF-2(A) DistrictsCurrent Category A, B, C Category D, E, F Cat. G, H, I

5% at 60%5% at 60% &

5% at 80%

5% at 60% & 5% at 80% &

5%<100% 5% at 80% 10% at 80%

10% at 80% & 5% at 100% none required

Setbacks 10-15' no changesMax units per acre none no changesFloor area ratio none no changesHeight 36' 51' 66' 85' 51' 66' 85' 85’Max stories no max no changes

Lot coverage (residential) 60% 80% 80% 85% 80% 80% 85% 85%Min lot size unit varies remove requirementsRes. Proximity Slope required no changes

Transit Oriented Development

Max lot coverage of 85%. One parking space per unit. Of the required parking, at least 15 percent must be available for guest parking.

Page 16: Incentive Zoning - Dallas€¦ · issued under incentive zoning. • Developer (and all subsequent owners) submits compliance paperwork regularly during period of compliance. Requirements

Incentives – Current Recommendation

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MF-1(A) and MF-2(A) DistrictsCurrent Category A, B, C Category D, E, F Cat. G, H, I

5% at 60%5% at 60% &

5% at 80%

5% at 60% & 5% at 80% &

5%<100% 5% at 80% 10% at 80%

10% at 80% & 5% at 100% none required

Setbacks 10-15' no changesMax units per acre none no changesFloor area ratio none no changesHeight 36' 51' 66' 85' 51' 66' 85' 85’Max stories no max no changes

Lot coverage (residential) 60% 80% 80% 85% 80% 80% 85% 85%Min lot size unit varies remove requirementsRes. Proximity Slope required no changes

Transit Oriented Development

Max lot coverage of 85%. One parking space per unit. Of the required parking, at least 15 percent must be available for guest parking.

Page 17: Incentive Zoning - Dallas€¦ · issued under incentive zoning. • Developer (and all subsequent owners) submits compliance paperwork regularly during period of compliance. Requirements

Incentives – Current Recommendation

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MU-1 DistrictCurrent Category A, B, C Category D, E, F Cat. G, H, I

5% at 60%5% at 60% &

5% at 80%

5% at 60% & 5% at 80% &

5%<100% 5% at 80% 10% at 80%

10% at 80% & 5% at 100% none required

Setbacks 0-20' no changes

Max unit density 15-25

current + 65=

80 to 90

current + 80=

95 to 105current + 105=

120 to 130

current + 65=

80 to 90

current + 80=

95 to 105

current + 105=

120 to 130current + 105=

120 to 130FAR (total dev) 0.8-1.1 Remove FAR requirementHeight 80-120 no changeStories 7-9 no changeLot coverage 80% no changemin lot size/bdrm n/a no changeRes. Proximity Slope required no changesTransit Oriented Development

For MU-1, additional 15 units/acre on density and max lot coverage of 85%. One parking space per unit. Of the required parking, at least 15 percent must be available for guest parking.

Note Projects must include residential uses to be eligible for incentive zoning.

Page 18: Incentive Zoning - Dallas€¦ · issued under incentive zoning. • Developer (and all subsequent owners) submits compliance paperwork regularly during period of compliance. Requirements

Incentives – Current Recommendation

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MU-2 DistrictCurrent Category A, B, C Category D, E, F Cat. G, H, I

5% at 60%5% at 60% &

5% at 80%

5% at 60% & 5% at 80% &

5%<100% 5% at 80% 10% at 80%

10% at 80% & 5% at 100% none required

Setbacks 0-20' no changes

Max Unit density 50-100current + 40

= 90-140current + 60 = 110-160

current + 80 = 130-180

current + 35 = 85-135

current + 55 = 105-155

current + 75 = 125-

175current + 75 =

125-175FAR 1.6-2.25 Remove FAR requirementHeight 135-180 no changeStories 10-14 no changeLot coverage 80% no changemin lot size/bdrm n/a no change

Res. Proximity Slope required no changesTransit Oriented Development

For MU-2, additional 15 units on density and max lot coverage of 85%. One parking space per unit. Of the required parking, at least 15 percent must be available for guest parking.

Note Projects must include residential uses to be eligible for incentive zoning.

Page 19: Incentive Zoning - Dallas€¦ · issued under incentive zoning. • Developer (and all subsequent owners) submits compliance paperwork regularly during period of compliance. Requirements

MU-3 & MF-3(A) - Location

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Page 20: Incentive Zoning - Dallas€¦ · issued under incentive zoning. • Developer (and all subsequent owners) submits compliance paperwork regularly during period of compliance. Requirements

MU-3 & MF-3(A) - Example

DART station ¼ mile away

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Page 21: Incentive Zoning - Dallas€¦ · issued under incentive zoning. • Developer (and all subsequent owners) submits compliance paperwork regularly during period of compliance. Requirements

MU-3 & MF-3(A) - Location

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Page 22: Incentive Zoning - Dallas€¦ · issued under incentive zoning. • Developer (and all subsequent owners) submits compliance paperwork regularly during period of compliance. Requirements

MU-3 & MF-3(A) - Example

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Page 23: Incentive Zoning - Dallas€¦ · issued under incentive zoning. • Developer (and all subsequent owners) submits compliance paperwork regularly during period of compliance. Requirements

Location – New Recommendation• Market category A, B, or C

• Housing units - median ~$390,500 and up• Higher than average rates of new construction and rehabilitation• Lower than average rates of subsidized units, code violations,

vacancy, and foreclosure filings• Market category D, E, or F

• Housing units - median between $117,600 to $267,100• Average rates of new construction, rehabilitation, and subsidized

units• Slightly lower rates of code violations and vacancy, but slightly higher

rates of foreclosure• Market category G, H, or I

• Housing units - median between $41,500 and $91,300• Lower than average rates of new construction and rehabilitation• Higher than average rates of subsidized units, code violations,

vacancy, and foreclosure filings 23

Page 24: Incentive Zoning - Dallas€¦ · issued under incentive zoning. • Developer (and all subsequent owners) submits compliance paperwork regularly during period of compliance. Requirements

Location – New Recommendation

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Page 25: Incentive Zoning - Dallas€¦ · issued under incentive zoning. • Developer (and all subsequent owners) submits compliance paperwork regularly during period of compliance. Requirements

Location – New Recommendation

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Page 26: Incentive Zoning - Dallas€¦ · issued under incentive zoning. • Developer (and all subsequent owners) submits compliance paperwork regularly during period of compliance. Requirements

Appendix – Prior Actions• November 5, 2014 – Voluntary compliance agreement (VCA)

signed with the U.S. Department of Housing and Urban Development (HUD) to encourage the development of housing at a wide variety of price points and create greater economic opportunity in areas of concentrated poverty.

• October 7, 2015 – Council adopted Neighborhood Plus – a neighborhood revitalization plan.

• Goal 6.2: Expand affordable housing options and encourage its distribution throughout the city and region

• December 2015 – Staff began research of a voluntary inclusionary zoning (VIZ) program to help meet the requirements of the agreement with HUD and Goal 6.2 in Neighborhood Plus.

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Page 27: Incentive Zoning - Dallas€¦ · issued under incentive zoning. • Developer (and all subsequent owners) submits compliance paperwork regularly during period of compliance. Requirements

Appendix – Prior Actions• October 2016 through March 2017 – staff met with:

• Housing, City Attorney’s Office, Code, Building Inspection• Habitat for Humanity• Inclusive Communities Project• Members of the development community

• Housing Committee was briefed on VIZ on May 16, 2016; August 1, 2016; and May 15, 2017.

• ZOAC was briefed June 2017 – September 2017• Council briefed on a market value analysis on January 17, 2018• Council and its Economic Development and Housing

Committee were briefed on a Comprehensive Housing Policy March-April 2018

• Council approved the Comprehensive Housing Policy on May 9, 2018 27

Page 28: Incentive Zoning - Dallas€¦ · issued under incentive zoning. • Developer (and all subsequent owners) submits compliance paperwork regularly during period of compliance. Requirements

Incentive Zoning

Pam Thompson Senior Planner Sustainable Development and [email protected]

Zoning Ordinance Advisory CommitteeAugust 16, 2018

http://dallascityhall.com/departments/sustainabledevelopment/planning/Pages/Code-Amendments.aspx