Model legislation for housing abundance in Allston-Brighton

PETITION TO AMEND THE BOSTON ZONING CODE
ALLSTON-BRIGHTON HOUSING ABUNDANCE OVERLAY DISTRICT

To the Boston Zoning Commission:

The undersigned hereby petitions the Boston Zoning Commission, pursuant to Chapter 665 of the Acts of 1956, as amended, to amend the Boston Zoning Code by amending Article 51, Allston-Brighton Neighborhood District, and related zoning maps, to establish the Allston-Brighton Housing Abundance Overlay District.

SECTION 1. PURPOSE.

The purpose of this amendment is to promote public health, safety, convenience, and welfare by increasing the supply, diversity, affordability, and predictability of housing production in Allston-Brighton; reducing displacement pressure; supporting families, students, workers, seniors, and immigrant households; encouraging compact growth near transit, jobs, schools, and neighborhood services; reducing unnecessary automobile dependence; and implementing adopted and ongoing planning work for Allston-Brighton.

SECTION 2. FINDINGS.

The Zoning Commission finds that:

(a) Allston-Brighton is a transit-served, job-accessible, institutionally significant, and high-demand housing district within the City of Boston.

(b) Existing zoning in Allston-Brighton does not provide sufficient as-of-right capacity to meet the housing needs of residents, workers, families, students, seniors, and institutions.

(c) Housing scarcity increases rent burdens, overcrowding, displacement risk, commuting distance, traffic, greenhouse gas emissions, and economic insecurity.

(d) Predictable, objective, and form-based zoning standards are superior to ad hoc zoning relief and discretionary project-by-project negotiation.

(e) Additional housing capacity should be concentrated primarily on large parcels, commercial corridors, transit-accessible districts, institutional edges, and underutilized parcels, while allowing gentle growth in lower-density areas.

(f) New housing production should be paired with affordability requirements, family-sized housing goals, transportation demand management, public-realm improvements, and anti-displacement safeguards.

SECTION 3. ESTABLISHMENT OF OVERLAY DISTRICT.

Article 51 is hereby amended by inserting the following new section:

Section 51-XX. Allston-Brighton Housing Abundance Overlay District.

There is hereby established the Allston-Brighton Housing Abundance Overlay District, which shall apply to the areas shown on Maps 7A, 7B, 7C, and 7D as amended. The Overlay District shall consist of the following subdistricts:

(a) AB-HC, High-Capacity Housing Subdistrict.

(b) AB-MC, Main Corridor Housing Subdistrict.

(c) AB-SS, Squares and Streets Housing Subdistrict.

(d) AB-NT, Neighborhood Transition Housing Subdistrict.

(e) AB-NH, Neighborhood Housing Subdistrict.

(f) AB-IC, Institutional and Campus Housing Subdistrict.

Where the provisions of this section conflict with any other provision of Article 51 or the Boston Zoning Code, the provisions of this section shall control.

SECTION 4. GENERAL USE REGULATIONS.

In the Allston-Brighton Housing Abundance Overlay District:

(a) Multifamily residential use shall be allowed as of right in AB-HC, AB-MC, AB-SS, AB-NT, and AB-IC subdistricts.

(b) Mixed-use buildings with residential use above ground-floor commercial, civic, cultural, childcare, educational, maker, office, or neighborhood-serving uses shall be allowed as of right in AB-HC, AB-MC, and AB-SS subdistricts.

(c) Accessory dwelling units, internal conversions, and small multifamily dwellings shall be allowed as of right in AB-NH, subject to the dimensional and form standards of this section.

(d) Dormitory, graduate-student housing, postdoctoral housing, workforce housing, senior housing, supportive housing, and income-restricted housing shall be allowed as of right in AB-IC, AB-HC, AB-MC, and AB-SS subdistricts.

(e) Laboratory, research, office, hotel, and institutional nonresidential uses shall be allowed only where otherwise permitted by the underlying zoning, except that any project in AB-HC or AB-IC that proposes more nonresidential gross floor area than residential gross floor area shall be subject to Large Project Review and shall demonstrate that the project will not materially reduce the district’s ability to meet adopted housing-production targets.

(f) Ground-floor residential use shall be permitted, provided that in AB-MC and AB-SS subdistricts the Planning Department may require active ground-floor design standards on principal commercial streets.

SECTION 5. DIMENSIONAL REGULATIONS.

The following dimensional regulations shall apply in the Overlay District:

(a) AB-HC, High-Capacity Housing Subdistrict.

Maximum height shall be 18 stories or 220 feet. Maximum floor area ratio shall be 7.0. Projects shall provide a minimum usable open-space ratio of 0.15 unless equivalent public-realm improvements are approved. Minimum lot area per dwelling unit shall not apply.

(b) AB-MC, Main Corridor Housing Subdistrict.

Maximum height shall be 10 stories or 125 feet. Maximum floor area ratio shall be 5.0. Minimum lot area per dwelling unit shall not apply.

(c) AB-SS, Squares and Streets Housing Subdistrict.

Maximum height shall be 7 stories or 85 feet in square cores and 5 stories or 65 feet on transition blocks. Maximum floor area ratio shall be 4.0 in square cores and 3.0 on transition blocks. Minimum lot area per dwelling unit shall not apply.

(d) AB-NT, Neighborhood Transition Housing Subdistrict.

Maximum height shall be 4 stories or 50 feet. Buildings containing up to 12 dwelling units shall be allowed as of right on lots of 7,500 square feet or more. Buildings containing up to 8 dwelling units shall be allowed as of right on lots of 5,000 square feet or more. Minimum lot area per dwelling unit shall not apply.

(e) AB-NH, Neighborhood Housing Subdistrict.

Accessory dwelling units shall be allowed as of right. Buildings containing up to 4 dwelling units shall be allowed as of right where the building complies with applicable height, lot coverage, setback, and form standards. Internal conversion of an existing residential building to not more than 4 dwelling units shall be allowed as of right if the exterior building envelope is not increased by more than 15 percent.

(f) AB-IC, Institutional and Campus Housing Subdistrict.

Residential, dormitory, graduate-student, postdoctoral, workforce, senior, and supportive housing shall be allowed up to 12 stories or 150 feet as of right, subject to applicable institutional master-plan consistency requirements. Projects that provide at least 80 percent residential or residential-equivalent beds may receive a maximum floor area ratio of 6.0.

SECTION 6. FAMILY-SIZED HOUSING.

For any project creating 20 or more dwelling units:

(a) At least 35 percent of dwelling units shall contain two or more bedrooms.

(b) At least 15 percent of dwelling units shall contain three or more bedrooms.

(c) The Planning Department may approve an alternative bedroom mix if the applicant demonstrates that the project serves students, seniors, supportive-housing residents, formerly homeless residents, or another population for whom a different bedroom mix better advances housing need.

(d) Required income-restricted units shall be distributed proportionately across unit sizes unless otherwise approved by the Mayor’s Office of Housing.

SECTION 7. AFFORDABILITY.

All projects shall comply with the City of Boston’s applicable inclusionary zoning, affordability, fair housing, and voucher-related requirements.

For any project receiving a height or floor area bonus under this section, the applicant shall provide one of the following:

(a) Additional income-restricted units beyond otherwise applicable requirements.

(b) Additional family-sized income-restricted units.

(c) A binding contribution to deeply affordable housing within Allston-Brighton.

(d) A binding contribution to preservation of naturally occurring affordable housing within Allston-Brighton.

The Planning Department and Mayor’s Office of Housing shall publish administrative guidance establishing the required value of any bonus contribution.

SECTION 8. PARKING.

(a) No minimum number of off-street parking spaces shall be required for any residential or mixed-use project in the Overlay District.

(b) The maximum parking ratio shall be 0.35 spaces per dwelling unit in AB-HC and AB-MC; 0.50 spaces per dwelling unit in AB-SS and AB-IC; and 0.75 spaces per dwelling unit in AB-NT and AB-NH.

(c) The Planning Department and Boston Transportation Department may approve a higher parking ratio only upon a written finding that the additional parking is necessary for accessibility, senior housing, supportive housing, public safety, loading, or another substantial transportation need that cannot reasonably be met through transportation demand management.

(d) Parking costs shall be unbundled from residential rents and condominium fees.

(e) All projects containing 10 or more dwelling units shall provide secure bicycle parking, package-delivery management, and a transportation demand management plan proportionate to project size.

SECTION 9. REVIEW PROCESS.

(a) A project that complies with the use, dimensional, affordability, parking, and form standards of this section shall be treated as a code-compliant project.

(b) Code-compliant projects shall not require a variance, conditional use permit, exception, planned development area approval, or other zoning relief solely because they use the development capacity authorized by this section.

(c) Design review shall be limited to objective standards adopted by the Planning Department and shall not reduce the number of dwelling units, height, floor area, or residential use authorized by this section.

(d) For projects subject to Article 80, the Planning Department shall complete review within the following time periods after submission of a complete application:

(i) 90 days for projects containing fewer than 100 dwelling units.

(ii) 150 days for projects containing 100 to 299 dwelling units.

(iii) 210 days for projects containing 300 or more dwelling units.

(e) The Planning Department may extend these time periods once, for not more than 45 days, upon written finding of extraordinary circumstances.

(f) Mitigation required under Article 80 shall be proportionate to the project’s reasonably identifiable impacts and shall be stated in writing before final approval.

SECTION 10. ANTI-DISPLACEMENT REQUIREMENTS.

For any project that would demolish or substantially rehabilitate an occupied residential building containing four or more dwelling units:

(a) The applicant shall submit a tenant-impact and anti-displacement plan.

(b) The plan shall identify existing lawful occupants, existing rents, relocation needs, and proposed measures to minimize involuntary displacement.

(c) The plan shall include advance notice, relocation assistance, right-of-first-offer for returning tenants where feasible, and information about applicable tenant protections.

(d) No provision of this section shall be construed to reduce any rights or remedies available to tenants under federal, state, or local law.

SECTION 11. PUBLIC REALM AND COMPLETE STREETS.

Projects creating 20 or more dwelling units shall contribute to public-realm improvements proportionate to project size and frontage, including sidewalks, street trees, bicycle facilities, bus-stop improvements, curb management, loading management, stormwater management, lighting, and accessibility improvements.

The Planning Department, Boston Transportation Department, Public Works Department, and Boston Water and Sewer Commission shall publish standard improvement menus for each subdistrict.

SECTION 12. INSTITUTIONAL HOUSING.

Any institutional master-plan update or amendment in Allston-Brighton shall include:

(a) A count of undergraduate, graduate, postdoctoral, faculty, staff, and contract-worker housing demand.

(b) A plan for producing or preserving residential units or beds sufficient to reduce institutional pressure on the private rental market.

(c) A report on the institution’s leased master housing, off-campus student concentration, and proposed mitigation.

(d) A five-year housing production or leasing target.

SECTION 13. MONITORING.

The Planning Department shall publish an annual Allston-Brighton Housing Capacity Report that includes:

(a) Net new homes permitted, under construction, and completed.

(b) Units by bedroom count.

(c) Income-restricted units by affordability level.

(d) Average parking spaces per unit.

(e) Approved projects not yet started.

(f) Estimated paper zoning capacity remaining in each subdistrict.

(g) Rent, vacancy, eviction, and displacement-risk indicators.

SECTION 14. SEVERABILITY.

If any provision of this amendment is held invalid, the remaining provisions shall continue in full force and effect.

SECTION 15. EFFECTIVE DATE.

This amendment shall take effect upon adoption by the Boston Zoning Commission, approval by the Mayor, and codification in the Boston Zoning Code.

ORDER FOR A HEARING AND ACTION PLAN REGARDING ALLSTON-BRIGHTON HOUSING ABUNDANCE ZONING

Ordered, that the appropriate committee of the Boston City Council hold a hearing regarding zoning, development review, housing production, anti-displacement protections, transportation demand management, and institutional housing obligations in Allston-Brighton.

The hearing shall examine the creation of an Allston-Brighton Housing Abundance Overlay District intended to permit substantial new housing capacity as of right in transit-accessible corridors, squares, institutional edges, and underutilized commercial and industrial parcels, while allowing gentle residential growth in lower-density areas.

Representatives of the Planning Department, Boston Planning & Development Agency, Boston Zoning Commission, Mayor’s Office of Housing, Boston Transportation Department, Inspectional Services Department, Boston Civic Design Commission, Public Works Department, Boston Water and Sewer Commission, Harvard University, Boston University, Boston College, local civic associations, tenant organizations, small businesses, housing advocates, disability advocates, and transportation advocates shall be invited to testify.

The Council further requests that the Planning Department and BPDA Board prepare, within 180 days, a proposed zoning text and map amendment for Allston-Brighton that includes:

1. High-capacity residential zoning for Western Avenue, Barry’s Corner, Harvard’s Enterprise Research Campus, Boston Landing, Guest Street, North Beacon Street, Everett Street, and Beacon Park Yard or West Station areas.

2. Mid-rise mixed-use zoning for Cambridge Street, Brighton Avenue, Harvard Avenue, Allston Village, Brighton Center, Washington Street, Oak Square, Commonwealth Avenue, Cleveland Circle, Chestnut Hill Avenue, and other appropriate transit-accessible corridors.

3. Neighborhood-transition and neighborhood-housing districts allowing accessory dwelling units, internal conversions, small multifamily dwellings, and gentle density by right.

4. No residential parking minimums, context-sensitive parking maximums, unbundled parking, bicycle-parking standards, curb-management standards, and transportation demand management requirements.

5. Objective design standards and time-limited Article 80 review for code-compliant housing projects.

6. Family-sized housing requirements and preservation tools for households at risk of displacement.

7. Institutional housing reporting and housing-production requirements for institutions whose students, workers, or affiliates materially affect the Allston-Brighton housing market.

The Council further requests that the Planning Department publish a parcel-level housing-capacity analysis identifying the additional zoning envelope necessary to permit at least 14,500 net new homes in Allston-Brighton over ten years, including at least 6,000 homes in Allston and 8,500 homes in Brighton.

The Council further requests that the Mayor transmit any necessary zoning petitions, administrative amendments, home-rule petitions, or state legislation needed to implement this order.

AN ACT ENABLING HOUSING ABUNDANCE DISTRICTS IN THE CITY OF BOSTON

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Notwithstanding Chapter 665 of the Acts of 1956, as amended, or any general or special law to the contrary, the City of Boston may establish one or more Housing Abundance Districts by amendment to the Boston Zoning Code.

SECTION 2. For purposes of this act, a “Housing Abundance District” shall mean a zoning district, overlay district, planned district, or other zoning classification adopted by the Boston Zoning Commission in which multifamily residential use is permitted as of right, subject only to objective standards.

SECTION 3. For purposes of this act, “as of right” shall mean that development may proceed without a variance, conditional use permit, exception, discretionary planned development area approval, or other discretionary zoning relief, provided that the development complies with the applicable objective standards of the Boston Zoning Code and other applicable law.

SECTION 4. In a Housing Abundance District, the Boston Zoning Code may establish objective standards governing use, height, floor area ratio, lot coverage, setbacks, frontage, open space, building form, active ground-floor use, affordability, bedroom mix, accessibility, sustainability, parking, bicycle parking, loading, transportation demand management, public realm, and mitigation.

SECTION 5. In a Housing Abundance District, no local board, commission, department, or officer may deny, reduce the density of, reduce the height of, reduce the number of dwelling units in, or otherwise render infeasible a residential or mixed-use residential project that complies with the objective standards applicable to such district, except as necessary to comply with federal law, state building code, fire code, sanitary code, accessibility law, environmental law, floodplain law, or other generally applicable health and safety law.

SECTION 6. The City of Boston may establish time limits for review of residential and mixed-use residential projects within Housing Abundance Districts. If a reviewing agency does not issue a written determination within the applicable review period, the agency shall issue, upon request of the applicant, a written statement identifying the remaining items necessary for approval. The City may, by ordinance or zoning amendment, provide that failure to act within a specified period constitutes approval, to the fullest extent permitted by law.

SECTION 7. The City of Boston may eliminate minimum off-street parking requirements and may establish maximum off-street parking ratios for residential and mixed-use residential projects within Housing Abundance Districts.

SECTION 8. The City of Boston may require that parking costs be unbundled from residential rents, condominium fees, and lease charges within Housing Abundance Districts.

SECTION 9. The City of Boston may require transportation demand management plans, curb-management plans, bicycle-parking facilities, loading-management plans, and public-realm improvements for projects within Housing Abundance Districts, provided that such requirements are objective, published in advance, proportionate to project size and impact, and not applied so as to render housing development infeasible.

SECTION 10. The City of Boston may require anti-displacement plans for projects within Housing Abundance Districts that demolish or substantially rehabilitate occupied residential buildings, provided that such requirements are consistent with federal and state law.

SECTION 11. The City of Boston may require institutions of higher education, hospitals, medical institutions, and other institutions filing or amending institutional master plans to include housing-demand analyses, student-housing plans, worker-housing plans, and measures to reduce institutional pressure on the private rental market.

SECTION 12. The Boston Zoning Commission may adopt regulations, zoning text amendments, zoning map amendments, and administrative procedures necessary to implement this act.

SECTION 13. Nothing in this act shall be construed to limit the City of Boston’s authority to require income-restricted housing, fair housing compliance, accessibility, sustainability, flood resilience, public safety, or mitigation measures otherwise authorized by law.

SECTION 14. If any provision of this act is held invalid, the remaining provisions shall continue in full force and effect.

SECTION 15. This act shall take effect upon passage.