Eli Kahn

Last year disappointed pro-housing advocates in Colorado, as Governor Polis’s flagship reform was defeated by the state legislature. But Polis and his legislative allies tried again this year, and yesterday the governor signed into law a package of reforms which cover much of the ground of last year’s ill-fated HB23-213. HB24-1152 is an ADU bill. It applies to cities with populations over 1000 within metropolitan planning areas (so, the Front Range – home to most of Colorado’s major cities – along with Grand Junction), and CDPs with populations over 10,000 within MPOs. Within those jurisdictions, the law requires the permitting of at least 1 ADU per lot in any zone that permits single-family homes, without public hearings, parking requirements, owner-occupancy requirements, or ‘restrictive’ design or dimensional standards. The law also appropriates funds available for ADU permit fee mitigation, to be made available to ADU-supportive jurisdictions which go beyond compliance with the law to make ADUs easier to build (including jurisdictions not subject to the law’s preemption provisions). HB24-1304 eliminates parking minimums for multifamily and mixed-use buildings near transit within MPOs (though localities can impose parking minimums up to 1 space per unit for buildings of 20+ units or for buildings with affordable housing, if they issue a fact-based finding showing negative impacts otherwise). This bill was pared down in the Senate and would originally have eliminated parking requirements within MPOs entirely. HB24-1313 is a TOD and planning obligations bill. The bill:– Designates certain localities as ‘transit-oriented’ (if they are within MPOs, have a population of 4,000+, and have 75+ acres total either within ¼ mile of a frequent transit route or within ½ mile of a transit station – in effect, 30 or so localities along the Front Range).– Assigns all transit-oriented communities (TOCs) housing opportunity goals, which are simply […]

On March 25, the city council of Burlington, VT, voted to pass a major zoning reform that one observer of Vermont politics (X.com’s pseudonymous @NotaBot) compared to the celebrated overhaul of Minneapolis’s zoning code. Burlington – the largest city in Vermont, at 45,000 inhabitants – has not escaped the housing crisis affecting the country. Burlington was an attractive destination for new residents during the pandemic and the rise of remote work; severe flooding last year put additional pressure on the housing supply. Policymakers statewide were well aware of the challenge and last year passed S.100, a sweeping package of housing reforms. Now Burlington, led by a pro-housing mayor, Miro Weinberger, has taken action at the local level. Burlington’s reform, known as the Neighborhood Code, is a welcome simplification of the city’s zoning. The Neighborhood Code eliminates the city’s ‘waterfront’ zoning districts and a ‘dense housing overlay’, adding a higher-density ‘residential corridor’ district, for a total of four residential zones. There are also significant increases in allowed density across the city. The Neighborhood Code allows up to fourplexes in all residential districts, allows townhouses everywhere but the low-density residential zone, and expands the option to create a cottage court or add a second freestanding unit on the same lot. The new code also limits requirements for minimum lot size, lot coverage, and setbacks. The reforms took some haircuts before final passage in response to pushback from organized groups of residents, but remain a meaningful change. In their report presenting the Neighborhood Code, Burlington’s city planning department reviews the city’s history. Planners explain that much of Burlington’s housing stock predates its zoning code, and in particular many existing lots are smaller than the official minimum lot size. Also, in Burlington’s first era of zoning, the city had a single residential district which […]

The state of Massachusetts lets municipal governments choose how strictly they regulate energy efficiency in buildings. Fifty-two of the state’s municipalities use the base building code, whereas 299, including Boston, have opted into the stricter “stretch” energy code. In addition to these two, the state recently rolled out an even stricter “specialized” stretch code in the interest of getting to net-zero carbon emissions faster. Cities could opt in to the specialized code as of last December; several municipalities have already opted in, and Boston may do so soon. The new code is technically the Municipal Opt-In Specialized Stretch Energy Code, and I considered referring to it hereinafter as MOISSEC, which is cute because it sounds like a wine, but I ended up deciding that the least confusing option is to follow official documents in referring to the new option as the specialized code, and refer to what is existing law in most of the state as the stretch code. Given that Massachusetts has some of the most expensive housing in the country, it’s reasonable to worry about the impact of any housing regulations on affordability, even when they serve an important objective. Massachusetts had the third highest cost of new housing of all states in 2021, and has unusually low housing supply, even among expensive coastal states. Research from the Boston Foundation details the extent of the problem: Greater Boston has lower vacancy rates than even Los Angeles or New York, homes spend less time on the market in Boston, and Boston is not on track to meet its housing production goals, though construction has increased somewhat in recent years. A new report released Tuesday by the MIT Center for Real Estate, the Home Builders and Remodelers Association of Massachusetts (HBRAMA), and Wentworth Institute of Technology (WIT) projects the impact […]