Land Use Law Written Exercise

LUEL Written Exercise

Jiwon Park

The provision of a local law controlling the use and development of land that I would like to see changed or augmented is Section 11.207 of Article 11 (Special Regulations) of the City of Cambridge Zoning Ordinance (Affordable Housing Overlay, “AHO”).

Mechanics and goals of AHO Adopted by the City Council in October 2020, the Affordable Housing Overlay (AHO) is designed to help affordable housing developers create new, permanently 100% affordable homes more quickly and cost-effectively. The AHO allows the creation of affordable housing denser than what might be permitted under base zoning. It provides an as-of-right zoning-based method through which new development proposals can be approved more efficiently.

Impact of AHO on the built environment Picture1 shows the proposed 100% affordable housing development plan (2072 Massachusetts Ave) that had tried to get development permission under the AHO. The image on the left is the current building, a single-story restaurant, and the image on the right is the rendering of the proposed development. Despite spending several years on community engagement, the development plan did not materialize. However, the rendering gives a sense of how the newly adopted zoning impacts the current built environment through increased density, height, and loosened setbacks. Currently zoned as Residence B District (Two family or semi-detached dwelling), the affordable housing zoning overly allows much higher height and density.

Picture1. The existing building (left) and proposed development rendering (right)1

Deficiencies of AHO Insufficient incentive Despite the increased height and density permitted under AHO, the level of incentive is insufficient for developers to build 100% affordable housing. For instance, according to the letter2 submitted to the Cambridge Board of Zoning Appeal on August 27th 2021, the developer of 2072 Massachusetts Ave reasoned their rationale for withdrawing as “the applicant studied a 1 2

Image Source (Right) : https://www.2072massaveapts.com/gallery https://bit.ly/3FCqQts

LUEL Written Exercise

Jiwon Park

scaled-down version of the Project under Ordinance 2020-8 that would attempt to provide a similar level of community benefits as the proposed Project and found it to be financially infeasible.”

Problem of spatial equity One of the intents of AHO is to make affordable housing fit into the existing built environment.

It differentiates the allowed maximum height and density based on the district dimensional standards of the underlying zoning. The Table1 below compares the height and the number of stories above grade allowed under existing zoning and AHO. Table1. Current height regulation under AHO The original District Dimensional Standards set forth a max residential building height

Max height of the projects under AHO

Max num of Stories Above Grade under AHO

Max height of the projects under AHO containing active non-residential uses on the ground floor

X < 40 40 < x < 50 X > 50

45 65 80

4 6 7

50 70 -

In addition, AHO rules residential density by “where the District Dimensional Standards establish a maximum floor area of less than 1.00, an AHO Project shall not exceed a FAR of 2.00. Otherwise, there shall be no maximum FAR for an AHO project.”

Due to these provisions that further limits the increase of height and density in the already lowdensity neighborhood which tends to be more affluent, it is much less likely that affordable housing is getting built in them. As a result, as shown in Picture2, there are no development plans in place proposed in affluent neighborhoods such as West Cambridge, Riverside, and Cambridgeport. It is related to spatial equity, where affluent neighborhoods tend to get lesser affordable housing while the neighborhoods already with a lot of affordable housing get more.

Picture2. Locations of the AHO projects in the pipeline

LUEL Written Exercise

Jiwon Park

Desired outcomes by amending AHO The desired outcomes through the zoning amendment will be 1) to increase the overall number of 100% affordable housing in Cambridge and 2) to enable the development of affordable housing in more low-density and affluent neighborhoods through increased incentives.

Proposed changes I propose to increase height incentives as part of Development Standards given for the projects regulated by the AHO, like Table2. The figures in black are the currently regulated limits on height and Max number of Stories above. The figures in the parenthesis written in red are the proposed changes.

Table2. Proposed changes in the development standards (in red) The original District Dimensional Standards set forth a max residential building height

Max height of the projects under AHO

Max num of Stories Above Grade under AHO

Max height of the projects under AHO containing active non residential uses on the ground floor

X < 40 40 < x < 50 X > 50

45 (55) 65 (75) 80 (no limit)

4 (5) 6 (7) 7 (no limit)

50 (60) 70 (80) N/A

I also propose to loosen the FAR regulation of the zoning in the area whose FAR is less than 1.00. Currently, the 11.207.5.2.2. Residential Density regulates “where the District Dimensional Standards establish a maximum floor area of less than 1.00, an AHO Project shall not exceed a FAR of 2.00. Otherwise, there shall be no maximum FAR for an AHO project.” I propose the density limit be adjusted to a maximum of 3.00 FAR instead of 2.00 so that there are enough incentives for developers to build more affordable housing in affluent low-density urban areas.

LUEL Written Exercise

Jiwon Park

WHEREAS:

The City Council adopted the Zoning Ordinance 2020-8 (“Affordable Housing Overlay”) in 2020, a set of modified development standards set forth in Section 11.207.3 of the Zoning Ordinance intended to allow as-ofright incremental 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.

WHEREAS:

By October 31st, 2022, there are six projects in the pipeline proposed as part of the Affordable Housing Overlay. They are mostly proposed by non-profit developers or quasi-public entities. Four out of six projects aim to add more units to existing buildings instead of building from scratch.

WHEREAS:

In addition, all projects currently in the pipeline are heavily concentrated in a few neighborhoods, without relatively affluent neighborhoods such as West Cambridge, Riverside, and Cambridgeport.

WHEREAS:

Despite increased height and density currently permitted as part of the Affordable Housing Overlay, the incentives are insufficient for developers to build 100% affordable housing.

WHEREAS:

There is an acute need to radically increase the overall number of affordable housing in Cambridge. In addition, it is necessary to enable and further incentivize the development of affordable housing in more lowdensity and affluent neighborhoods.

ORDERED:

Article 11.207 (Affordable Housing Overlay) of the Cambridge Zoning Ordinance be amended to partially change the Section 11.207.5 Development Standards to read as follows: “Where the District Dimensional Standards set forth a maximum residential building height of forty (40) feet or less, an AHO Project shall contain no more than four (5) Stories Above Grade and shall have a maximum height of fifty-five (55) feet, as measured from existing Grade.

For AHO Projects containing active non-residential uses on the ground floor, the maximum height may be increased to sixty (60) feet but the number of Stories Above Grade shall not exceed five (5) stories.”

LUEL Written Exercise

Jiwon Park

“Where the District Dimensional Standards set forth a maximum residential building height of more than forty (40) feet but not more than fifty (50) feet, an AHO Project shall contain no more than seven (7) Stories Above Grade and shall have a maximum height of seventy-five (75) feet, as measured from existing Grade. For AHO Projects containing active non-residential uses on the ground floor, the maximum height may be increased to eighty (80) feet but the number of Stories Above Grade shall not exceed seven (7) stories.”

“Where the District Dimensional Standards set forth a maximum residential building height of more than fifty (50) feet, an AHO Project shall not have maximum height or maximum number of Stories Above Grade” “Where the District Dimensional Standards establish a maximum floor area ratio (FAR) of less than 1.00, an AHO Project shall not exceed an FAR of 3.00. Otherwise, there shall be no maximum FAR for an AHO project.”