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Zoning: general Limiting residential density at the district level

SGB

Cyburbian
Messages
3,388
Points
26
We have a proposal under consideration to add multifamily residential as a permitted use in a zoning district that currently (1) allows only commercial development and (2) excludes any residential uses.

My town board would like to cap MFR units at a maximum number for the entire district rather than regulate density at the lot level.

Has anyone encountered such an approach? I'm looking for any code examples that may be out there.

SGB
 

MacheteJames

Cyburbian
Messages
953
Points
20
We have a proposal under consideration to add multifamily residential as a permitted use in a zoning district that currently (1) allows only commercial development and (2) excludes any residential uses.

My town board would like to cap MFR units at a maximum number for the entire district rather than regulate density at the lot level.

Has anyone encountered such an approach? I'm looking for any code examples that may be out there.

SGB
Interesting idea.

My concern is that the approach you've outlined may not make adequate allowance for the economy of scale needed to make a multifamily unit project viable in every case. Say the district's unit allowance gets almost used up, and you're the last developer in, and you have a site that cannot be developed with a sufficient number of units to make for a viable proforma because other projects in the district have used up almost all of the available unit allowance. That, to me, sounds like a potential takings case, or at the very least a text amendment to raise the unit cap within the district so that the site in question could build a viable multifamily project.
 

shell_waster

Cyburbian
Messages
243
Points
10
If it is the Board's idea that by setting a max number of units for the district will allow for multifamily but at the same time not water down the availability for commercial then one solution would be to set a maximum density per lot so a developer could first determine if a project is viable but require that each proposed multifamily development obtain a conditional use or special use permit so that your Board can approve, approve with conditions, approve for a lesser area (density), deny or place conditions (architectural, etc) on the request. This also provides an opportunity for the elected body to know how the developer will address any concerns from neighbors such as parking.
 
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