Policy Order Number 25-101, regarding Marasao, et al., Zoning Petition

Zoning Petition

Attached is a revised draft of the Mushla Marasao, et al., Zoning Petition (the “Petition”), containing revisions suggested by CDD and Law Department staff.

The revised draft responds to two requests contained in Policy Order 2025 #101, discussed by the Ordinance Committee on June 18, 2025: “That the City Manager be and hereby is requested to direct the City Solicitor to ensure that the wording for the proposed amendment to Section 5.40 Footnote #2 is in line with the City Council’s intention to continue to include the inclusionary requirement for any nonreligious use property that is going above four stories, and to strike ‘except for religious purposes’ used from Section 5.40 Footnotes #1 and #37.”

The effect of the suggested changes, which pertain to Residence C-1 districts, is to incorporate the same open space and notification requirements for religious uses as for residential and to clarify that all buildings or portions of buildings occupied by residential (but not religious) uses are subject to inclusionary housing if they are more than 4 stories above grade.

The revised draft also suggests some additional clarifying amendments that would not affect the substance of the original Petition.

The City Council has also received a report from the Planning Board on this Petition. The revised draft does not include any changes based on the comments in the Planning Board report.

We recommend that the City Council amend the Petition by substitution with the attached revised zoning text before considering adoption.