A memorandum from Councillor Mallon and Mayor McGovern regarding Amendments to the Affordable Housing Overlay

Summary of Mallon/McGovern Amendments to the Affordable Housing Overlay

The Affordable Housing Overlay is one of the tools available to us as policymakers to reform our exclusionary Zoning Ordinance, allow our affordable housing partners to compete on an even playing field with large market-rate developers, and increase the stock of affordable housing in all neighborhoods throughout the City. Though the proposal achieves these goals as written, there are some changes necessary to ensure that it is implemented in a way which is the right fit for our community. A short explanation of each proposed amendment can be found below:

Include “Progressive Transitional Zones”

In districts which currently allow buildings ranging from 40-80 feet as of right, CDD is proposing that affordable projects can be built up to 80 feet as of right. Looking at our zoning map, these districts are typically BA or BA-2 districts, which directly abut residential neighborhoods. Examples of these areas are Inman Square, Kirkland St, and a section of Mass Ave in Porter Square, where surrounding buildings are no more than 2-3 stories now. The Overlay needs a transitional zone between neighborhoods and more built-up commercial districts, and 60 feet as of right in both BA and BA-2 zones will integrate much better with existing buildings than 80 feet.

Prohibiting Dwelling Units Below Grade

Basement apartments should be disallowed from the Overlay proposal. All units should be above grade to offer the best quality of life for all tenants.

FAR Limitations in Residential Districts

FAR bumps and density increases are essential for the financial feasibility of many affordable projects however, density within residential districts should have a limit of 3.0. The density cap of 3.0 will be limited to districts where base zoning allows 40 feet or less so that larger projects can be built in the dense, commercial districts which allow building heights over 40 feet.

Eliminate the Open-Space Reduction for Parking

Just days ago, a study was released indicated that 30% of all parking spaces on housing developments were unused. Open space should not be sacrificed for parking and should not be a reason to seek a reduction in open space by half of the required percentage. As Cambridge

moves further toward reducing single-car trips, and car ownership is on the decline, we should be prioritizing public transit, micro-mobility, and cycling over car parking accommodations.

Allow Roof Decks to Count Towards Open Space

Roof decks and gardens are quality spaces where residents can congregate outdoors in urban environments. Although private porches at grade level and private balconies at any level should not count towards open space, community spaces like roof decks and balconies accessible to all residents, should.

Eliminate the Requirement for Keeping Existing Ground-Floor Retail in Business Districts This requirement is found nowhere else in the Zoning Ordinance, and with the decline in retail and move toward experience-based businesses and other models, this could turn into an overly-burdensome requirement for affordable developers that might make a project infeasible. Furthermore, it might have the opposite, undesirable affect of additional vacant storefront if suitable tenants are not found.

Many of our affordable developers offer tenant services, such as HRI’s homebuyers’ program or Just a Start’s job connector that could also be valuable in these “retail” spaces. Tenants and other participants in these programs would be able to access them on-site, and the spaces would still be active uses open to anyone in the community requiring these services.

Our affordable housing partners should have the option to utilize these ground floor spaces, and we should think beyond “traditional retail” as what constitutes an “active use.” 5 Year Review of the Affordable Housing Overlay Affordable projects take years to develop because of the complicated financing involved. The Affordable Housing Trust and CDD should be presenting updates and progress reports to the Council every 5 years to review the effectiveness of this Ordinance.

Less than 5 years is too tight a time frame for many of our affordable housing partners and won’t present a realistic picture of our progress; more than 5 years is too long without making adjustments that may be needed.

Affordable Housing Overlay – AS REFERRED BY HOUSING COMMITTEE ON APRIL 25, 2019

ADD NEW DEFINITIONS TO ARTICLE 2.000:

Affordable Housing Overlay (AHO). A set of modified development standards set forth in Section 11.207.3 of this Zoning Ordinance intended to allow increases in density, limited increases in height, and relaxation of certain other zoning limitations for residential developments in which all units are made permanently affordable to households earning up to 100% of area median income.

Affordable Housing Overlay (AHO) Dwelling Unit. A dwelling unit within an AHO Project for which occupancy is restricted to an AHO Eligible Household and whose rent or initial sale price is established by the provisions of Section 11.207.3 of this Zoning Ordinance.

Affordable Housing Overlay (AHO) Eligible Household. A household whose gross household income does not exceed the amounts set forth in Section 11.207.3 of this Zoning Ordinance.

Affordable Housing Overlay (AHO) Project. The construction of a new building or buildings and/or the modification of an existing building or buildings resulting in single-family, two-family, townhouse, or multifamily dwellings within which each dwelling unit is an AHO Dwelling Unit subject to the standards and restrictions set forth in Section 11.207 of this Zoning Ordinance.

Grade. The mean finished ground elevation of a lot measured either around the entire perimeter of the building or along any existing wall facing a public street, which ground elevation is maintained naturally without any structural support.

Story. That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.

Story Above Grade. A story whose highest point is more than 4 feet above the Grade.

CREATE NEW SECTION:

11.207 AFFORDABLE HOUSING OVERLAY

1. Purpose and Intent

The purpose of this Section is to promote the public good by supporting the development of housing that is affordable to households earning up to 100% of area median income.