Tag: zoning code

Homelessness as a kick in the pants

(Reading time: 13 minutes)

The calendar may insist that winter won’t arrive for another six weeks or so, but anyone who ventured outside Tuesday morning knew otherwise—not when the temperature hit a bone-chilling 24 degrees Fahrenheit.  Tuesday was a good day, in other words, to be bundled up in a cozy bed or snuggled with a good book under a comforter in an easy chair. If you were that lucky.

It’s ironic, then, that just 12 hours earlier the city had held the third of three public workshops addressing proposed revisions to its comprehensive plan. Dozens of goals and draft strategies were outlined on multiple easels for Staunton residents to ponder and evaluate, spanning everything from land use, housing and economic development to transportation, public infrastructure and education. A section on health and human services stressed “active living, healthy food access and a clean environment.” Public safety, environmental resources, art and recreation all received due consideration.

But nowhere in all this planning and verbiage was there any mention of Staunton’s homeless population, or its needs and how those needs might be met. True, the section on housing gave a vague nod to promoting “affordable housing options for people of all incomes, needs and abilities,” but it remained silent regarding those unable to take advantage of such promotions. Nor did the draft comprehensive plan set a goal of eliminating homelessness by any particular date, and at no point did it acknowledge, much less prescribe, the kinds of services a homeless population requires. As far as the comprehensive plan is concerned, Staunton residents without permanent shelter simply don’t exist.

Winter’s advent will make that fiction harder to maintain.

Let’s take stock. A long-promised day shelter, offering homeless people refuge from extreme weather, remains as elusive as ever, in part because of a crumbling commitment by First Presbyterian Church to allow the use of its premises, but also because of a lack of financial and leadership backing from city council. Meanwhile, the Waynesboro Area Refuge Ministry (WARM), which was to operate the day shelter and which already provides emergency overnight shelters from late November through March, just published its schedule of participating churches for the upcoming season. Two of the week-long slots remain unfilled, at an exceptionally late date in the planning cycle, and there are reports that a third also may fall vacant because one of the congregations got cold feet and is backing out. Meanwhile, eight of the 18 overflow slots, for when the primary host churches receive more than 40 people, likewise remain unclaimed.

The Valley Mission, the area’s transitional shelter for homeless people working on reentry into the workforce and established housing, has 89 residents and is at full capacity—as it has been for several years—and is as far as ever from meeting its goal of a six-month turnover. “Yes, the average length of stay has been much longer than a year,” concedes director Sue Richardson. “In fact, we had two different women who were here four years each,” which puts a whole new meaning on “transitional.”

Then there’s Valley Supportive Housing, which provides affordable housing for clients diagnosed with mental illness, intellectual disabilities or addiction—people, in other words, who otherwise would be prime candidates for living on the streets. It also is at capacity, with 68 tenants, and has a waiting list of 43—the biggest it has been in at least a decade. “Two years ago it would have been half of that,” says director Lou Siegel, who says some of those on the waiting list are at Valley Mission, some are in temporary accommodations with family members, and some are living in their cars.

Both Valley Mission and Valley Supportive Housing are in a perpetual scramble for adequate financial backing, which comes in bits and drabs from local sources such as the city’s Community Development Block Grant (CDBG), the Community Fund and the Community Action Partnership of Staunton, Augusta and Waynesboro (CAPSAW). CDBG is all federal money, while CAPSAW receives nearly half of its funding from the federal government—which means both revenue streams are threatened by the current political climate.

Meanwhile, the area’s homeless population, while always difficult to assess accurately, is almost certainly not diminishing. WARM director Alec Gunn estimated this summer that the SAW region has 250 homeless people.  And while this year’s Point in Time (PIT) count—a one-night snapshot—found fewer unsheltered homeless people than last year, bitterly cold weather the night of the census may have driven them deeper underground. Moreover, as a surprised Lydia Campbell of the Valley Homeless Connection observed, of the 157 sheltered and unsheltered people who were counted by the 2025 PIT census, 71 reported they were homeless for the first time, up from 51 in 2024.

All of which is to say, the Staunton Comprehensive Plan as it’s currently coming together has a gaping hole big enough to push a shopping cart through.

FAILING TO SEE THE CITY’S HOMELESS population means the comprehensive planners also fail to ask why the homeless exist in the first place. If you don’t see a problem, you can’t solve it.

Homelessness, with some rare exceptions, is a signal that the system itself is failing. At its most basic doh! level, homelessness results from an inadequate supply of housing that people can afford. With rental vacancies at or around 2% and housing costs far outstripping the affordability provided by median incomes, the inevitable outcome has been compared to a game of musical chairs, in which the number of available chairs is always less than the number of people circling them. When the music stops, someone always ends up on the floor.

The obvious question: why is that? Why, in a market economy, isn’t more affordable housing being built? The law of supply and demand suggests that when demand exceeds supply, market forces will step up production until the imbalance is corrected. You want to end homelessness? Simple: build more housing at a price that people can afford. So . . . why isn’t that happening in Staunton?

The Staunton Housing Strategy Group spent a year purportedly wrestling with this very issue, ultimately producing this past summer what it optimistically called “Staunton’s Pathway to Affordable Housing and Housing for Working Families.”  Yet it’s notable that of the 19 members of the workgroup, only one, Stu Armstrong, could be categorized as a builder or developer—that is, as someone from the supply side of the supply-demand equation. And Armstrong, as it turned out, didn’t attend a single one of the group’s four meetings.

What that left was an assortment of political leaders, planners and heads of non-profit social agencies holding a one-sided conversation about how best to plug the city’s housing deficits. The result was a set of 11 strategies that, while not entirely without merit, only tangentially address the critical question of how to increase the city’s stock of affordable housing, and do so on a less than urgent timetable. For example, completion of a “strategy” to allow accessory dwelling units (ADUs) in the city is expected to take 18 months, a process that won’t add any new homes but will create the possibility of some down the road.

Foot-dragging over ADUs, which have been given the go-ahead in many municipalities in Virginia and other states, is emblematic of a more fundamental problem that the housing strategy group didn’t address: the city’s zoning code. The main reason Staunton doesn’t have tiny homes or converted garages that can provide additional housing on established home lots is that its rules don’t allow it. Allowing ADUs therefore requires yet another amendment to the zoning code—the default response to every fresh demand for land use, such as creating exceptions to minimum lot size in Uniontown. And just like computer operating systems that over many years become an unwieldy morass of work-arounds, patches and buggy over-writes, zoning codes tend toward increased complexity with every change. What the city’s “pathway to affordable housing” proposes is more tinkering with the underlying code. What the city needs is a new operating system.

It’s not just ADUs that are at issue. Ask developers—as the housing strategy group did not—why they’re not building more affordable homes in Staunton, and the answer you’ll get is a) that the permitting process is too onerous, and b) that they can’t afford to do so. Answer b) to some extent is a consequence of a), because it costs money and time (which is money) to comply with zoning and permitting regulations. But the bigger reason is the zoning itself, which not only limits how a specific piece of land can be used, but which arbitrarily dictates so many other construction variables that the only homes that pencil-out for a builder are expensive ones.

Zoning codes, as the name suggests, create “zones”—a zone for housing, a zone for shopping, a zone for manufacturing, and so on. That made sense when used to keep foundries or slaughterhouses away from residential areas, but it also created artificial divides that segregated functions—stores, homes, offices, apartment buildings, schools, cultural centers—that were all mixed together before zoning codes were created. That mixture, still found and now treasured in downtown Staunton, created a lively, walkable and rich urban environment. The imposition of zones, on the other hand, created land-use monocultures—predominantly large areas of all homes, but also of all mercantile and other activities, as in shopping centers and office parks—that then necessitated a car culture for most people to get to work, do their shopping and go to church or school.

It should be noted that there is nothing intuitively logical about a zoning code’s specific requirements. Staunton’s R-1 residential zoning, for example, is distinguished from R-2 zoning primarily by its minimum lot size, of 15,000 square feet versus 8,750 square feet. But the R-1 lot also must have a minimum lot width of 75 feet at the front and any home built on it must have a minimum 30-foot front set-back, a rear yard at least 35 feet deep and maximum lot coverage of 30%. The same requirements for R-2 homes, meanwhile, are a 70-foot minimum lot width, a 25-foot front setback, a rear yard at least 30 feet deep and maximum lot coverage of, yes, 30%. Why? Why a 25-foot setback for one but a 30-foot setback for the other, or a lot width of at least 70 feet for R-2 but an extra five feet for R-1? What compelling urban mathematics produced these arbitrary requirements?

For builders and developers looking at a lot of 45,000 square feet (just a bit over an acre) zoned R-1, the maximum they can build is three homes. They can’t build cottage courts, fourplexes, townhomes or any number of other configurations increasingly known as “missing middle” housing—housing more dense than single-family homes but smaller than apartment buildings. Instead of 10 or 12 homes they can build just three, so those three are going to be built at a level where they can fetch top dollar, not at a density that would allow at least some affordable homes to be part of the mix.  And in Staunton, the great majority of land is zoned R-1 or R-2, leaving scant room for more modest dwellings.

Zoning’s arbitrary guidelines do preserve a uniformity of appearance that appeals to some people, but which others find stultifying—or as summarized by city planning critic Jane Jacobs, more like taxidermy. Yet their very persistence creates an aura of inevitability, as if the only (unthinkable) alternative is anarchy. And so, even as local feedback to Staunton’s comprehensive plan repeatedly stresses walkability, community, and an integration of work, play and housing, the main obstacle to realizing that vision has gone largely untouched. Despite a proposal to reduce the total number of zoning sub-categories, the comprehensive plan promises to preserve the overall zoning approach. The builders’ dilemma will go unaddressed.

WITHOUT A SERIOUS EVALUATION of how zoning got us into the housing crunch we’re now struggling to overcome, there seems little hope for improvement.

Defenders of the status quo will point to the equivalent of a techie’s work-arounds and system upgrades, including district overlays, special use permits and other ways to game the system while leaving the underlying code untouched. But there’s a reason DOS-based systems have been left behind, not least because they became too expensive to maintain in terms of talent and manpower.

Nor does junking zoning codes mean descending into anarchy. Just as DOS-based systems were replaced by GUI ones—the graphical user interfaces we use without a second thought because they’re so intuitive and user-friendly—so traditional zoning codes are giving way elsewhere to form-based zoning. Traditional zoning codes are a top-down approach that segregates land uses. Form-based zoning is less concerned with regulating land use and instead prioritizes the physical form, scale and character of buildings and public spaces.  Because form-based zoning is a bottom-up approach that regulates how buildings interact with the street and with each other but not what use they’re put to, they tend to encourage infill and the development of walkable, mixed-use neighborhoods and high-quality public spaces.

That doesn’t mean truly disruptive or dangerous industries or businesses can’t be relegated to specific buffered areas, but the landscape is otherwise opened up to a free market constrained primarily by the same kind of rules that apply to coloring books: use whatever color you want but stay within the lines. Observe the regulations we’ve adopted about building height, scale, massing and relationship to the street, but otherwise put your land to the most productive use you can envision.

That may sound radical at first blush, but it is in fact what occurred in what are now the most treasured parts of Staunton—before the zoning code was adopted. It’s also what a growing number of municipalities around the country are adopting, from Mesa, Arizona to Cincinnati, Ohio to parts of Gaithersburg, Maryland. Form-based zoning deserves, at the very least, a serious examination and consideration by those who are revising a comprehensive plan for Staunton that has a 20-year outlook.

Here’s the bottom line: developers aren’t building affordable housing because our zoning code makes it prohibitively expensive to do so. The real-world consequences of sticking with that creaky form of land-use regulation are, quite predictably, more people without homes. And because as a society we apparently have neither the money nor the political will to minister to those people’s most basic needs, every homeless person we see on the streets, huddled in doorways, or sleeping in uninsulated tents or cars, should be a reminder that we’re not addressing root causes of a social disease.

The Staunton Housing Strategy Group failed to do so. The comprehensive plan’s designers are likewise missing the mark. Who’s left?

Seeking your thoughts—kinda

(Reading time: 7 minutes)

It’s a fair guess that most Stauntonians have never heard of the city’s comprehensive plan, much less seen it, and that’s not really surprising. The 450-page document states quite explicitly on its cover page that it was prepared for the Staunton Planning Commission, which makes it sound more arcane than it is. The current version is five years old, so a whole lot of water has gone under the bridge—quite literally, in the case of downtown—since it was drafted. And all the people who you might expect would be most involved in its implementation are no longer there: every city council member, the city manager and the city’s director of community development have moved on since the plan was completed.

Then again, much of Staunton’s Comprehensive Plan actually doesn’t, well . . . plan anything, so it’s easy to ignore. While the Commonwealth of Virginia requires every municipality to prepare such plans “with the purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the territory,” the Commonwealth Code also states that that the plan should be a survey of that municipality’s assets and challenges—and that’s the basket in which Staunton placed most of its eggs. The result is more descriptive than prescriptive, an inventory of the Staunton that existed in 2018 but with few attempts at guidance for the near future, never mind to the plan’s supposed end date of 2040.

But now we have a chance for a do-over. Starting last year, city staff, consultants and a small group of Staunton residents have been revising the plan to make it more up-to-date and, we can hope, make it more of a planning tool than it has been. That process has included seeking input from Stauntonians as to what they think should be in the plan, through online surveys and a series of public meetings, and the next such meeting—an open house at Staunton High School—is less than a month off. Anyone concerned about the city’s future should make an effort to be there: Wednesday, June 25, between 5:30 and 7 p.m.

That said, I wouldn’t be my usual curmudgeonly self if I didn’t add a cautionary note. Despite the city’s apparently diligent attempts to solicit public opinion about various plans, these efforts often have an unfortunately performative aspect to them. The ritual involves lots of easels covered with large white sheets of paper, lots of small stick-on dots in various colors, and an abundance of post-its of obviously limited size on which to scribble fresh ideas. Those in attendance are asked to respond to various questions about whatever the city thinks should be of greatest concern to them, and the answers are subsequently collated, summarized, mentioned in final plan documents—and, generally, thereafter ignored.

Does that sound harsh? Consider, then, the West End Revitalization Plan, completed last summer and subsequently adopted by the city council. That plan also went through a pro forma attempt to get input from West End residents, including public meetings and an online survey. The meetings made it abundantly clear that public “concerns about property upkeep and affordable housing” were among the area’s most notable “challenges.” The online survey disclosed that of eight possible concerns, West End respondents thought that “improved upkeep of existing housing” was the second most “important” or “very important,” just four votes behind the 194 cast for “adding new shops, stores and services.”

How seriously were those views taken? The final, adopted plan is big on retail improvements but scarcely gives a nod to housing concerns. Indeed, only one of 17 proposed actions in the plan directly addresses housing rehabilitation, and does so in the most dismissive way possible by suggesting simply that the city “connect residents to existing resources.” Which is to say, the West End doesn’t have a problem with property upkeep and affordable housing, it has a communication problem.

It therefore will be interesting to see to what extent public input registers in this far broader, city-wide planning document. One possible marker was provided by the Jan. 22 open house, the first of three, when 106 local residents registered their attendance (although city officials believe the actual number attending was higher) and repeatedly voiced support for mixed-use development. Attendees emphasized “the need for mixed-use areas that integrate homes, shops, and parks to create vibrant neighborhoods,” according to a summary of comments under “land use.”  Similarly, in a summary under “economic resources & development,” attendees “highlighted the need for increased mixed-use development and support for small businesses in less densely populated areas.”

The summarized comments about housing, meanwhile, illustrate an increasingly sophisticated understanding of what it takes to create a truly dynamic community. Attendees “highlighted the need for affordable housing for their workforce, concerns about rising prices, the lack of options for low-income and middle-income households, and . . . a pressing need for better connectivity between residential areas [and] increased density of housing.”

The emphasis on mixed-use developments and increased housing density, in a city largely mired in a century-old land-use philosophy known as Euclidean zoning, is in some ways revolutionary. Euclidean zoning (the name comes from a village in Ohio, not the Greek mathematician) separates land uses by type—residential, commercial, retail, industrial, etc.—each into their own zones or areas. That may be desirable in preventing a factory or a slaughterhouse from being plopped down next to a church or apartment complex, but it also creates the largely fragmented land-use pattern we have today, with the notable exception of downtown. Add to that a residential zoning preference for detached single-family homes, with broad swaths of the city’s 20 square miles zoned R-1 (maximum of three homes per acre) and R-2 (maximum of five), and the result is a pleasantly bland, dispersed suburban landscape on which builders can’t afford to build homes for low- and middle-income families.

One possible work-around for developers is to seek special use permits so they can build the mixed-use and denser housing that city residents attending these sessions say we need—but for several presumably obvious reasons, that’s not an attractive option. Nor is it happening in any meaningful way. The alternative, therefore, is for those working on the comprehensive plan update to rework the city’s zoning code—to revise the rules and maps that keep things the way they are—so that standards for higher density and mixed-use developments are written into the code, creating “by right” options for developers. No more having to say “Mother, may I please?”

Whether that in fact will happen is . . . let’s just say not likely. One problem with these sounding-board sessions with the public is that they come at a time when the plan revisions are already well underway, so there’s a natural resistance to taking on big new projects—and rewriting zoning ordinances is just about as big as they come. Then there’s the problem of public backlash. Although the Stauntonians attending these open houses may be largely in favor of such changes, they also tend to be more actively engaged in civic affairs than the majority of the population—and a lot of those folks would be aghast at the idea that there could be a wholesale reordering of the land-use landscape ( just one of the problems facing developers seeking special use permits). Winning them over, or at least muting their resistance, would take time, public education and reassurance.

So I’m not optimistic that these open houses and other attempts to solicit public input will make any meaningful difference. The ship’s course is fairly well set, and any comments that might adjust its bearings are no more likely to change the outcome than occurred with the West End Revitalization Plan. But still. The arguments are worth making, if only to lay one more brick against the day when they finally will make a difference.

Developers finally get a seat

(Reading time: 8 minutes)

The past year has not been kind to people concerned about Staunton’s shortage of affordable and working-class housing. Despite an initial outpouring of interest about the issue, with a couple of hundred people turning out for two housing “summits” focused on the Staunton-Augusta-Waynesboro (SAW) region, attendance at working groups spun off by the summits has dwindled month by month. A much-awaited regional housing study, expected last summer, was finally released a couple of months ago and promptly sank from sight due to its leaden content. Staunton’s housing strategy group managed to stretch four 90-minute meetings across seven months without anything more to show for its efforts than a dozen “strategies” that could have been cooked up over a weekend, most of them built on on verbs like “explore” and “develop”—strategies, in other words, that are still in the early conceptual stage.

And then, of course, there’s this year’s federal torching of an already inadequate social safety net of grants, vouchers and other resources that much of the local planning didn’t anticipate. Expect much back-pedaling and wheel-spinning in the months ahead.

It therefore may come as a surprise, amid all the doom and gloom, to learn that this past Thursday’s meeting of the SAW housing stock working group had a breakthrough, of sorts, with the invited presence of two local developers. Although it might seem obvious that any serious exploration of housing issues would require participation from the supply side of the demand-supply equation, virtually all local discussions on the subject have been dominated by everyone except those who actually plan, build and sell the housing that everyone else laments is in short supply. So—genius. And good news, too.

The bad news is that this belated course correction was attended by only half-a-dozen working group members, with three more patching in via Zoom. The further good news is that the entire session was taped, and is accessible here: SAW Housing Stock Work Group Meeting-20250508_100405-Meeting Recording.mp4.

The developers who broke out of their comfort zone were Scott Williams, of the Crescent Development Group in Charlottesville, and Tommy Shields of Ivy Ridge Developers, in Waynesboro. That their attendance was unusual was evidenced by group member Rick Kane’s earlier efforts to recruit three other developers to address the group, none of whom could be bothered to respond to his first and second emails, Kane’s long history as a local real estate broker and former builder notwithstanding. Developers, as Williams readily acknowledged, tend to keep a low profile. Virtually anything they say, no matter how responsive to community concerns, tends to be quickly discounted as self-serving, and no one wants to be a punching bag.

Yet that’s been our loss. Who else, after all, is better positioned to tell us what it would take to get more affordable housing built?

THE EASIEST ANSWER TO THAT QUESTION, according to both Williams and Shields, is simply this: encourage greater housing density.

While not dismissing other development hurdles, such as a shortage of skilled workers or high fees and interest rates, the two developers agreed that the quickest way to get more housing is to increase the allowable “number of units per linear foot of road.” That’s why so much recent construction in the SAW region is of townhouses, which require lots that are only 20 feet wide, versus the 80 or 90 feet that a single-family home needs. Smaller frontage requirements mean more housing units per acre. And more housing units mean a broader base over which to spread costs, resulting in a lower cost per unit. Fifteen or 20 homes on one acre can be sold at a significantly lower price than just two or three single-family homes built on the same lot.

But off-setting the construction math is an equally straight-forward political calculus that occurs when high-density development is proposed for an area of low- or even medium-density zoning—and in Staunton, that covers a lot of ground. (The city’s most recent comprehensive plan indicates that 63% of Staunton’s vacant/undeveloped land is zoned for residential use, with two-thirds of it designated R-1 or R-2, both low-density classifications that allow only detached single-family homes on large lots with extensive setbacks.) Any developer seeking a waiver to exceed density limits can expect an angry crowd of nearby homeowners, gripped by visions of plummeting property values, to descend en masse at public hearings to oppose any change. And public officials, no less than developers, don’t want to be punching bags. 

The upshot? Despite a successful downtown core of relatively dense, mixed-use development that exists only because it predates current zoning restrictions, much of Staunton resembles a suburb more than an urban district. Absent, by and large, is what developers refer to as “the missing middle” of housing options, a diverse palette of housing options along the affordability spectrum that includes duplexes, fourplexes, bungalows, cluster homes, cottage courts, courtyard apartments and living/working combinations, such as apartments above street-level stores and businesses. Nor, despite all the recent attention to the issue, is that likely to change, given widespread fears of public backlash—yet as Williams observed, “If you create policy based on never having the phone ring, we’ll never get to where we need to be.”

Indeed, Staunton’s housing market has been shaped by decades of these and other policy decisions baked into its zoning code that send a clear, if not always intended, signal to developers. Many municipalities, for example, have ordinances enabling the creation of planned unit developments, which can include a wide variety of housing styles as well as commercial and office space. Staunton does not. And while city officials say they are open to such designs, developers must file for special-use permits each time they want to build a mixed-use development, sending a very clear message that this is not a normal course of business. Small wonder that little changes.

City housing planner Rebecca Joyce attempted to put a positive spin on this approach by explaining that requiring special-use permits enables city planners to “help the developers tailor their projects” to Staunton’s often quirky lots and challenging topography. But this presupposes that developers aren’t up to the task on their own, or that they won’t ask for help if they need it. Moreover, as Williams pointed out, every special-use permit application amounts to a bespoke mini-ordinance, eating up city staff time and causing costly delays for developers, whose financing costs don’t get suspended while the bureaucracy grinds on.

What became clear Thursday, as Williams and Shields shared their frustrations, is that Staunton is caught between a relatively inflexible approach to zoning that is more suitable for suburbia, on the one hand, and an exploding need for the kind of housing that suburban zoning can’t accommodate, on the other. The city can have one or the other, but it’s hard to see how it can have both.

DESPITE THIS BASIC BUT LARGELY UNNOTICED TENSION, Staunton has in fact made some strides recently towards grappling with its growing housing needs. Perhaps most notably: whereas just a few years ago the city maintained it had no role in assuring an adequate housing supply, there now is at least a recognition that city policies and regulations can enhance or hinder how the private sector plays its role.

So, for example, the city council recently reduced its parking space requirements for new construction, thereby allowing more developable land to be used for housing rather than asphalt. It has started exploring the possibility of creating a land bank and a land trust, which would enable the city to condemn abandoned properties and rehabilitate them. It is discussing adoption of an accessory dwelling unit (ADU) ordinance, which would allow homeowners to build or to convert part of their property into a second, smaller dwelling. It is contemplating establishment of a city housing commission.

But if the housing strategy workgroup it created last year is any indication, progress on these and other initiatives will be slow and fitful. Aside from its leisurely meeting schedule, the workgroup—like the SAW working groups—was further hampered by the conspicuous absence of builders and developers at the table. Its agenda was set entirely by the city planning department, with no noticeable initiative by group members, no examination of competing values or perspectives and little if any dissent from agenda assumptions.  No wonder, then, that the city’s own role in creating the current, unacceptable housing crisis was never questioned, much less addressed.

While creation of the housing strategy workgroup can be viewed in theory as a progressive step forward, its undifferentiated makeup and spoon-fed content ensured a conservation of the bureaucratic status quo. In the absence of anyone like Scott Williams or Tommy Shields, city planners had no one holding up a mirror for them to contemplate their own role in perpetuating the problems they purportedly were addressing.