Application to DHCD to amend Downtown Brockton 40R Smart Growth Zoning

Transcription

1 MASSACHUSETTS DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT SMART GROWTH ZONING OVERLAY DISTRICT PROGRAM (C. 40R) APPLICATION FORM Municipality: Name of District (optional): City of Brockton Downtown Brockton Smart Growth Overlay District Municipal contact person: Rob May, Director of Planning and Economic Development Agency: City of Brockton Department of Planning Address: 45 School Street, Brockton, MA Phone: (508) Fax: (508) The undersigned representative of the City of Brockton hereby certifies that all information in this application is accurate and complete as of the date hereof. Signed: Name, title: Date: Rob May, Director of Planning and Economic Development Summary Information Category of Eligible Location Near Transit Station Area of Concentrated Development City/Town Center, Existing Commercial District Area of Concentrated Development Existing Rural Village District Highly Suitable Location Yes Yes Yes Acres % of Municipality Size of Proposed District ~.9 1 Aggregate size of all districts Same as Above Same as Above Build out Total Existing Zoned Units 0 Total Future Zoned Units According to the DHCD Community Profile, Brockton has a total area of sq. mi., and a total land area of sq. mi. (=13,740.8 ac.). August 2016 Page 1 of 22

2 Total Incentive Units 3812 Acres % of District Developable Land 0 0 Underutilized Land Substantially Developed Land Historic District(s) 0 0 Existing Open Space Future Open Space Rights of way of streets, ways and transit lines Land currently in use for governmental functions Environmentally constrained land 0 0 Other non developable land 0 0 As of right densities (units/acre) 2 Smart Growth Zone Underlying Zone 1 family 0 0 2/3 family 0 0 Multi family Substantially Developed sub district(s) Affordability Number of Future Zoned Units % of total Future Zoned Units Affordable 1 family Units Affordable 2/3 family Units Affordable Multi family Units Total Affordable Units Housing Diversity One and Two Bedroom Units 3+ Bedroom units 2 Residential development is not permitted in the base zoning of the amended 40R Smart Growth District 3 For buildings built prior to 1940 and in existence at the time of adoption of the 40R Ordinance, allowable density for residential conversion is calculated based on the existing square footage of the structure (Sec 27 91(FX1) of the proposed Ordinance). For a detailed description refer to Sec. 5(A) of this Application. August 2016 Page 2 of 22

3 Mixed use development allowed Design Standards Planned Infrastructure Upgrades Yes X X X No 1. ELIGIBLE LOCATION 1.A Locator Map. Attach the Locator Map of the Municipality. Please find attached Map 1 1. A Locator Map (1) and Map 1 1. B Locator Map (2) for the City of Brockton. 1.B Category. What is the category of Eligible Location for the District: (a) Near transit station: Yes. The Downtown sub district is adjacent to the Brockton Station of the MBTA Middleborough/Lakeville Commuter Rail. Further, the Corcoran and Arts & Culture sub districts are only three blocks from this station. (b) Area of Concentrated Development City I Town Center or Existing Commercial District: (c) Area of Concentrated Development Existing Rural Village District: (d) Highly Suitable Location: Yes. 1) The Downtown sub district is adjacent to the Brockton Station of the MBTA Middleborough/Lakeville Commuter Rail. Further, the Corcoran and Arts & Culture subdistricts are only three blocks from this station. 2) Proposed zoning in the location allows residential as of right density at 30 units/acre on average, and all four Sub districts allow mixed use development. 3) All four Sub districts are in area with infrastructure and include land that is substantially developed, and the Future Zoned Units include units of renovation or redevelopment projects. 1.C District Near Transit Station. If the District is near to a transit station, identify the station: The Brockton Area Transit lntermodal Center (Brockton Station on the MBTA system map) on the Middleborough/Lakeville Commuter Rail is located immediately to the east of the proposed District. August 2016 Page 3 of 22

4 1.D City I Town Center or Existing Commercial District. If the District is within an Area of Concentrated Development, is the area currently served (yes _X_ no_) or scheduled to be served within five years of the application (yes no ) by public sewer(s) and/or private sewage treatment plant(s)? The land within the proposed district is currently served by municipal water and sewer. Describe briefly the primary current use and zoning (as shown on the Underlying Zoning, see Attachments 4 3 & 4 4) of land and buildings in the District: Current Use of Land and Buildings in the District The proposed Downtown Brockton Smart Growth Overlay District is broken down into the following four sub districts: Arts/Culture, Corcoran, Downtown Core and Perkins Park. The Downtown Core sub district is currently filled with a substantial number of surface parking lots, several of which are publicly owned. This sub district is also home to a few food establishments, a car dealership, and businesses such as W.B. Mason. The largest building in the sub district, the Bixby Brockton Apartments is located at 100 Main Street and managed by Peabody Properties Inc. The sub district contains several historic buildings ripe for residential conversion as well as several underutilized contemporary structures that could be demolished and rebuilt for mixed use development. The Arts/Culture sub district is similar to the Downtown Core in that it also has many surface parking lots scattered among the retail businesses located on Legion Parkway. The Parkway, lined with first floor retail in the northern part of the sub district, has parking on both sides of the street as well as in the median. It is important to maintain this pedestrian friendly corridor as redevelopment proceeds. Vacant storefronts, several churches, and a hotel can be found in this area, along with significant new investment including the recently expanded Brockton Neighborhood Health Center. There is significant opportunity for redevelopment in the subdistrict, including a 37,000+ square foot building almost entirely vacant situated right on Main Street. Potential for redevelopment is also found in the Corcoran sub district. Here the City owned, 25,000+ square foot Corcoran Supply Company building, which is currently vacant, is well suited for mixed income housing such as artists' lofts. This sub district also includes the former Brockton Area Transit Terminal site which holds great redevelopment potential. It is an underdeveloped parcel with over two acres of land area, and is located across the street from the municipal parking garage in the middle of downtown. As in the Downtown Core subdistrict, numerous surface parking lots are found here as well. The sub district also contains several existing assets such as the longest stretch of riverwalk along the Salisbury River in the city, the Brockton Public Library, and the Old Post Office (currently the School Administration building) which is on the National Historic Register. Within the past several years, the City has invested in substantial improvements to the public parks network in this sub district. As in the other two sub districts discussed above, first floor commercial retail can also be found along Main Street. August 2016 Page 4 of 22

5 The proposed Perkins Park sub district, north of Pleasant Street, helps frame the northwestern gateway into downtown. Redevelopment potential exists for several automobile maintenance garages and rundown single story retail building. There is also an opportunity to expand and rehabilitate the existing Perkins Park at the center of the sub district. Current Zoning in the District The District contains three zones; General Commercial (C 2), Central Business (C 3) and General Industrial (I 2).The C 2 zone described in Sec of the attached Appendix C of the City of Brockton Ordinances and the C 3 zone described in Sec make up almost the entire District. The I 2 zone is described in Section All three of the zones in the District are summarized below. The C 2 zone is a general commercial zone permitting neighborhood commercial uses as well as a wide range of other uses from laundromats, medical and dental offices, and drug stores to automobile repair services, undertaking establishments, and wholesale businesses. No residential uses are allowed in this zone, however temporary lodging, such as hotels and motels, are permitted as special uses. The C 3 zone allows all the same principal and accessory uses as the C 2 zone as well as community health centers/clinics. Interestingly enough, multi family dwellings are permitted in this zone as special uses. The I 2 zone permits uses that include the manufacturing of food products, glass, textiles and those that add value to materials that were prepared off site. Also included in this category are tool and die operations, railroad yards and the sale and storage of lumber and building materials. Is the District within land designated as a commercial center under M.G.L. c.40, 60 (yes no _X_)? Complete the following table for the District (all calculations to exclude open water bodies): Total land area of District acres Substantially Developed Land 48.4 acres Underutilized Land 43.3 acres Substantially Developed + Underutilized Land as percentage of District 72.2 % 1.E Existing Rural Village District. If the District is within an Area of Concentrated Development, but it is not currently served or scheduled to be served within five years of the application by public sewer(s) and/or private sewage treatment plant(s), does it contain two or more of a town hall, post office, public library, public school, or public safety facility (yes no )? If yes, identify the facilities that it contains: Does it contain an existing village retail district (yes no )? If yes, describe briefly its characteristics: August 2016 Page 5 of 22

6 Complete the following table for the District (all calculations to exclude open water bodies): Total land area of District acres Substantially Developed Land 48.3 acres Underutilized Land 43.4 acres Substantially Developed + Underutilized Land as percentage of District 72.2 % 1.F Adjacent Areas. Does the District contain an Adjacent Area (yes no _X_)? If yes, identify and describe briefly the destination of frequent pedestrian use: Is the Adjacent Area currently served (yes _no ) or planned to be served within five years of the application (yes_ no_) by public sewer(s) and/or private sewage treatment plant(s) and other Infrastructure? There are no Adjacent Areas. 1.G Highly Suitable Locations. Has the District been identified as an appropriate locus for highdensity housing or mixed use development in a local or regional plan document (see instructions for more details) (yes _X_ no_)? If yes, attach a copy of the plan as Attachment 1 3 and identify and describe briefly the section(s): The proposed district will enable the alternative development patterns of Transit Oriented Development (TOD), Traditional Neighborhood Development (TND), and Compact, Mixed Use Development identified and encouraged in the Old Colony Planning Council Regional Land Use and Transportation Policy Plan, dated October 20, This form of development is also favored in the Brockton Housing Plan, attached and described in detail in Sec. 8 1 of this Application. The proposed Downtown Brockton Smart Growth District is consistent with the regional planning priorities set forth in the Old Colony Planning Council's Regional Policy Plan: A Guide for Shaping Our Communities and the OCPC Region (October 2000). That plan calls for identification of "priority development areas whose combination of land, infrastructure and services, accessibility, and amenities suit them to accommodate a significant portion of the region's anticipated growth. "Within those priority development areas, communities are encouraged to facilitate "compact, mixed use community centers designed to allow convenient pedestrian, bicycle and transit movement...offering a range of housing choices...and a mix of business, commercial, civic, and cultural uses along with systems of parks, open space, and natural resource areas." (Pg. 7). Does the District include land designated as a development district under M.G.L. c.40q (yes _X_ no )? If no to both previous questions, the Municipality must provide satisfactory evidence, in a statement to be attached as Attachment 1 5, that designation of the area is consistent with the statutory goals for smart growth set forth in M.G.L. c.40r 1 (see instructions for further details). August 2016 Page 6 of 22

7 2. LAND AREA 2.A Total Land Area of District. Complete the following table for the District (all calculations to exclude open water bodies): Total Land area of District acres Total land area of Municipality 13,740.8 acres Land area of Districts as percentage of Municipality ~0.9 % If the land area of the District exceeds 15% of the Municipality, has the Department has previously approved an area waiver (yes_ no _)? 2.8 Aggregate Land Area of Districts. Are there any other approved or proposed Districts within the Municipality (yes_ no _X_)? If yes, complete the following (all calculations to exclude open water bodies): Aggregate land area of all approved or proposed Districts Total land area of Municipality Aggregate land area of all Districts as a percentage of Municipality 3. DEVELOPABLE LAND 3.A Developable Land Plan. Attach the Developable Land Plan of the District as Attachment 3 1. The purpose of the Plan is to help calculate the number of Future Zoned Units and Incentive Units within the District, as well as to help determine in certain cases whether the District is located in an Eligible Location. Refer to Part 1/.3 of the Instructions for how to prepare the Plan. Please find attached the Developable Land Plan of the District, Attachment 3 1, which includes parcel maps displaying each of the four sub districts with a parcel by parcel breakdown illustrating land classification. Each parcel in the proposed sub districts is color coded to display how each parcel was classified (substantially developed, redevelopment, or renovation) to help determine the amount of developable land. Additionally, please find attached an aerial photograph of the District as Attachment 3 2. Please also refer to Sec. 5 (A) of this Application for a detailed description of how Future Zoned Units were calculated as that calculation relates to Developable Land and Substantially Developed Land within the proposed District. 3.8 Complete the following table for the District (all calculations to exclude open water bodies). See the Instructions for definitions of the different categories of land. (Note that the total may add up to August 2016 Page 7 of 22

8 more than 100%, because some categories overlap.) Acres % of District 1. Developable Land 0 0 1A. Underutilized Land Substantially Developed Land A Historic District(s) Existing Open Space Future Open Space Rights of way of existing public streets, ways and transit lines 6. Land currently in use for governmental functions 7. Environmentally constrained land Other non developable land 0 0 *Attach copies of any local subdivision, historic preservation, board of health, or other ordinance, by law, or regulation that affects the As of right residential density as Attachment 3 3, identify the section(s), and briefly summarize how it affects the density. The proposed 40R zoning is all inclusive. No other regulations will affect the as of right residential density under 40R. 3.C Future Open Space. Is any portion of the District categorized as Future Open Space (yes _X_ no )? If yes, describe briefly the nature of the Future Open Space, and its consistency with the current local open space plan: The City will seek to acquire a.212 acre parcel ( ) on Hereford Street to expand the existing Perkins Park westward. Additionally, the City would like to acquire a.44 acre parcel ( ) to expand the park along Salisbury Brook. If yes, complete the following table: Future Open Space 0.7 Developable Land Area + Future Open Space 0.7 Future Open Space as a percentage of (Developable Land Area + Future Open Space) Note that the percentage may not exceed 10% for Districts in which the Developable Land Area + Future Open Space total less than 50 acres, or 20% for Districts in which they total 50 acres or more. 3.D Historic Districts. Is any portion of the District located within an existing Historic District (yes_ no _X_)? August 2016 Page 8 of 22

9 If yes, is any portion of the Historic District categorized as Developable Land (yes_no_)? If yes, describe briefly the basis: (Otherwise, all/and within a Historic District shall be categorized as Substantially Developed.) 4. UNDERLYING ZONING I EXISTING ZONED UNITS 4.A Existing Zoned Units Plan. Please find attached the Existing Zoned Units Plan of the District as Attachment 4 1. Method for Calculation of Existing Zoned Units Source Information: 4 Lot Size Zoning Number of buildings on lot Existing As of right density per Zoning District was calculated as follows: Downtown Brockton Existing Zoning: Underlying Density Calculations Zoning District As of right Residential Use Dimensional Standard/Unit (sq. ft.) As of right Units per Acre C1 None 0 C2 None 0 C3 None 0 C5 None 0 I2 None 0 R1C Single family detached 30,000 =43,560/30,000 R2 Single family detached 7,500 =43,560/7,500 R2 Two family 5,000 =43,560/5,000 R2 Three family 4,000 =43,500/4,000 R3 Single family detached 7,500 =43,560/7,500 R3 Two family 5,000 =43,560/5,000 R3 Three family 4,000 =43,560/4,000 R3 Multi family 12,000 sq. ft. per first 3 units in multi family; then 2,000 sq. ft. for each add l unit over 3 3+(43,560 12,000)/2,000 These calculations produced the following calculation of maximum As of right density per Zoning District in Downtown Brockton: Existing Zoning: Max As of right Density per District Zoning District Max As of right Residential Use Max As of right Units per Acre C1 None 0 4 Data provided by the Office of the Brockton Assessor August 2016 Page 9 of 22

10 C2 None 0 C3 None 0 C5 None 0 I2 None 0 Existing Zoned Units was calculated by multiplying lot size (in acres) by maximum As of right density as calculated above. If the resulting calculation produced a number less than 1, the formula returned an Existing Zoned Units calculation of 0. Parcels that do not meet the minimum lot size in the Zoning District in which they're located also return an Existing Zoned Units calculation of 0. Exclusion of "Substantially Developed" Parcels The c.40r Regulations also allow the exclusion of "Substantially Developed Land" from the calculation of Existing Zoned Units. Lots that have one or more buildings located on them based on the Assessors Database are shown to have an Existing Zoned Units calculation of 0. 4.B Existing Zoned Units Spreadsheet. Please find attached the Existing Zoned Units Spreadsheet of the District as Attachment C Underlying Zoning. Please find attached a copy of the text and map(s), certified by the Brockton City Clerk, for the Underlying Zoning applicable to the District one year prior to the date upon which the application is submitted to the Department, as Attachments 4 3 and 4 4. August 2016 Page 10 of 22

11 4.D Existing Zoned Units. Complete the following table, based on the maximum As of right residential density achievable in accordance with the Underlying Zoning, in the District and any subdistrict of the District: Maximum As of right Acres of Developable Existing Zoned Units (units/acre) Land [1 family sub district(s)] [2/3 family subdistrict(s)] 10.9/ [multi family subdistrict(s)] needed for each 3.1 then.05 acres 0 0 additional unit over 4 5 [substantially developed subdistrict(s)] District Totals SMART GROWTH ZONING I FUTURE ZONED UNITS & INCENTIVE UNITS 5.A Smart Growth Residential Density Plan. Please find attached the Smart Growth Residential Density Plan of the District as Attachment 5 1. Method for Calculation of Future Zoned Units per 40R Future Zoned Units per Zoning District was calculated as follows: 1) Based on field inspection and ownership records, we manually assigned each parcel within the proposed 40R District to one of the following categories: Redevelopment (RED), Renovation (REN), or Substantially Developed (SD). 6 a. RED parcels are those parcels estimated to have potential for redevelopment through new construction at the proposed 40R density. b. REN parcels are those parcels estimated to have potential for redevelopment through rehabilitation or renovation of existing structures. c. SD parcels are those parcels estimated to have no realistic potential for future residential development. This category includes public parcels such as public parks, City Hall etc., but also includes existing privately owned residential or non residential uses that are projected to remain in their current use over time. 2) Future Zoned Units for RED parcels equals the acreage of the parcel multiplied by the allowable residential density within the potential 40R sub district. 7 5 This density calculation applies to the R 3 (underlying) Zoning District, which affects very little land within the proposed 40R District. 6 See sub district database Column BF 7 See sub district database Column BG and BI August 2016 Page 11 of 22

12 3) Future Zoned Units for REN parcels equals 8 : a. For commercial properties: the "total rentable" attribute field 9 in the Assessors database multiplied by 0.8 (assuming 80% of the existing structure will be salable square feet while the remaining 20% will be devoted to hallways, elevator shafts etc.) and divided by 900 (assuming an average unit size of 900 square feet in Future Zoned Units). 10 = total rentable x 80% 900 sf/unit b. For residential properties: the "total living" attribute field 11 in the Assessors database multiplied by 0.8 (assuming 80% of the existing structure will be salable square feet while the remaining 20% will be devoted to hallways, elevator shafts etc.) and divided by 900 (assuming an average unit size of 900 square feet in Future Zoned Units). 4) Future Zoned Units for SD parcels equals zero. = total living x 80% 900 sf/unit 5.B Smart Growth Residential Density Spreadsheet. Please find attached the Smart Growth Residential Density Spreadsheet of the District as Attachment 5.C Smart Growth Zoning. Please find attached a copy of the text and map(s) for the Smart Growth Zoning applicable to the District as Attachments 5 3 and See sub district database Column BG and B H 9 See sub district database Column AJ 10 Data provided by the Brockton Assessor illustrates that the average floor area of condominiums built or converted in Brockton from FY 03 FY 06 is 766 gross square feet. See attached table. 11 See sub district database Column AG August 2016 Page 12 of 22

13 5.D Density and Incentive Units. Complete the following table, based on the maximum As of right residential density achievable in accordance with the Smart Growth Zoning and any other local ordinance, by law, or regulation, in the District and any sub district: Maximum As ofright residential density (units I acre) Acres of Developable Land Future Zoned Units Incentive Units (Future Zoned Units minus Existing Zoned Units) [1 family sub district(s)] 8 [2/3 family sub district(s)] [multi family subdistrict(s)] [substantially developed sub district(s)] District Totals If the maximum As of right residential density of the District or any sub district fails to meet the minimum statutory standards, has the Department previously approved a density reduction (yes_ no_)? 5.E Mixed use Development. Does the Smart Growth Zoning allow Mixed Use Development Projects As of right (yes _X_ no_)? If yes, what is the minimum portion of such Mixed use Development Projects that must be devoted to residential uses: Per the Definitions in Sec. (D) of the proposed Ordinance, Mixed use Development that is allowed As of right shall contain "a residential Principal Use and one or more commercial, institutional or industrial Secondary Uses, provided that separate and distinct building entrances are provided for residential and non residential uses and that no more than 33% of the total gross floor area shall be used for non residential uses." 5.F Substantially Developed Sub districts. Does the Smart Growth Zoning contain any Substantially Developed sub district(s) within the District (yes_ no_x_)? Although the proposed Downtown Brockton Smart Growth District includes substantially developed land, it is not shown as a distinct sub district. However, Substantially Developed land and other undevelopable land is excluded from the calculation of Future Zoned Units and Incentive Units. 12 For buildings build prior to 1940 and in existence at the time of adoption of the 40R Ordinance, allowable density for residential conversion is calculated based on the existing square footage of the structure. For a detailed description refer to Sec. 5(A) of this Application. August 2016 Page 13 of 22

14 If yes, state the maximum as of right residential densities within such sub district(s): Identify and briefly describe the provisions of the Smart Growth Zoning that ensure the construction of infill housing on existing vacant lots: Although the calculation of Incentive Units and Future Zoned Units is based on the amount of Development Land within the proposed Downtown Brockton Smart Growth District, all parcels within the proposed District will benefit from the As of right zoning at the allowable densities. The Design Standards will also encourage infill development compatible with the surrounding architectural character. Identify and briefly describe the provisions of the Smart Growth Zoning that permit additional housing units in existing residential buildings and permit additional housing units for additions or replacement of such buildings: Sec (F)(1) (Table of residential density allowances) provides that: "Buildings existing at the time of adoption of this Ordinance may be converted to Multi Family Residential at a density equal to 80% of the gross square footage of the building as the building existed on the date of adoption of this Ordinance divided by 900 square feet." Sec (F)(2) (Table of residential density allowances) provides that: "Buildings built prior to 1940 and existing on the date of adoption of this Ordinance may be converted to Mixed Use at a density equal to 80% of the gross square footage of the portion of the building proposed for use as residential Dwelling Units, as the building existed on the date of adoption of this Ordinance divided by 900 square feet." These calculations often results in substantially higher allowable densities per acre, particularly for existing multi story buildings, than the proposed 40R Zoning applying to undeveloped land. This is intended to provide a substantial incentive for owners of existing structures to reinvest in renovation of those structures through residential or mixed use conversion rather than demolition and redevelopment. 5.G Housing Diversity. Identify and describe briefly the provisions of the Smart Growth Zoning that ensure the development of housing which is appropriate for diverse populations, including households with children, other households, individuals, households including individuals with disabilities, and the elderly: The proposed Ordinance at Sec (E) allows the following As of right residential development types: Dwelling Units, Three Family. Dwelling Units, Multi Family. Mixed Use Development subject to the requirements of this and applicable Design Standards. August 2016 Page 14 of 22

15 Complete the following table for the Future Zoned Units: Type of unit %of total One and Two Bedroom Units 3+ Bedroom Units District totals 6. AFFORDABILITY The following questions refer to the Smart Growth Zoning attached as Attachment A Project requirements Does the Smart Growth Zoning establish a threshold for Projects that are subject to the Smart Growth Zoning affordability requirement (yes_ no _X_)? If yes, what is that threshold and identify the section of the smart growth zoning containing that requirement: Yes, the Smart Growth district requires a minimum of 20% of units be affordable Does the Smart Growth Zoning contain provisions to ensure that Projects are not segmented to evade the size threshold for Affordability (yes_ no _)? Yes If yes, identify the section of the Smart Growth Zoning containing such provision and briefly describe how this provision will ensure that Projects are not segmented to evade the threshold requirement for Affordability: Sec (4) (b) 6.B District wide affordability target. Identify and describe briefly the provisions of the Smart Growth Zoning that ensure the total number of Affordable units constructed in the District equals not less than twenty percent (20%) of the total number of all units constructed within Projects in the District: The language in the proposed Ordinance at Sec (K)(1), requires that "Twenty percent (20%) of all dwelling units constructed in a Development Project shall be Affordable Units. Twenty five percent (25%) of all rental dwelling units in a Development Project shall be Affordable Units. Provided however, for Development Projects in which all of the dwelling units are limited to occupancy by elderly persons and/or by persons with disabilities, twenty five percent {25%) of the dwelling units shall be Affordable Units, whether the dwelling units are rental or ownership units." August 2016 Page 15 of 22

16 Describe briefly how such provisions will not "Unduly Restrict" 13 opportunities for development within the proposed District under the Smart Growth Zoning: The requirement for 20% affordability within the Downtown Brockton Smart Growth District is necessary to satisfy the statutory and regulatory requirements of Ch. 40R Smart Growth Zoning. 6.C Eligible households. Identify the section(s) of the Smart Growth Zoning that ensure the affordable housing restriction on an Affordable unit will be occupied by an eligible household paying an affordable rent or affordable purchase price during the term of the restriction: Sec (D) Definitions and Sec (K) inclusive, especially Sec (K)(3). Identify the section(s) of the Smart Growth Zoning that specify the method by which such affordable rents or affordable purchase prices will be computed: Sec (D) Definitions and Sec (K) inclusive, especially Sec (K)(3). Does the Smart Growth Zoning specify decreased maximum income limits of eligible households (below 80 percent of the area wide median income as determined by HUD) (yes_ no _X_)? If yes, describe how such a decrease will not "Unduly Restrict" 14 opportunities for development within the proposed District under the Smart Growth Zoning: 6.D Monitoring and enforcement. Identify the section or sections of the Smart Growth Zoning that ensure that there will be effective monitoring and enforcement of the affordable housing restriction during the term of Affordability: Sec (D) Definitions and Sec (K) inclusive, especially Sec (K)(7). 7. PLAN REVIEW 7.A Categories of Project; Approving Authority. Does the Smart Growth Zoning provide for Plan Review of Projects within the District (yes _X_ no_)? If yes, who is the Approving Authority: The Planning Board of the City of Brockton 7.B Design Standards. Does the Smart Growth Zoning contain Design Standards (yes _X_ no _)? If no, have separate Design Standards been promulgated or drafted (yes _no_x_)? 13 See Part II.6 of the Instructions for the definition of Unduly Restrict. 14 ibid August 2016 Page 16 of 22

17 Sec (I) of the proposed Ordinance reads as follows: "Design standards. To ensure that new development shall be of high quality, and shall be compatible with the character of building types, streetscapes, and other community features traditionally found in Downtown Brockton, the Planning Board shall adopt Design Standards relative to the issuance of Site Plan Approvals for Development Projects within the Downtown Brockton Smart Growth Overlay District and shall file a copy with the City Clerk. In addition to the standards set forth in this Ordinance, the physical character of Development Projects within the Downtown Brockton Smart Growth Overlay District shall comply with such Design Standards. The Design Standards but also the dimensions and layouts of roadways and parking areas, consistent with the character of building types, streetscapes and other town features traditionally found in densely settled areas of the town or in the region, the protection of significant natural site features, the location and design of on site open spaces, exterior signs and buffering in relation to adjacent properties, and the standards for the construction and maintenance of drainage facilities within the Development Project. Such Design Standards or any modifications thereto must be approved by the Massachusetts Department of Housing and Community Development pursuant to M.G.L. Chapter 40R, 10 and 760 CMR 59.04(1)(f)." Have these design standards been previously applied to a residential development in the community (for example, through the Underlying Zoning) (yes_ no _X_)? If yes, briefly identify the project(s) that have been approved using these standards: Describe how the Municipality will ensure that its Design Standards will not "Unduly Restrict" 15 the development of Projects in the District: The design standards applicable within the Downtown Brockton Smart Growth District have been developed in cooperation with municipal officials and staff, the business community and the affected landowners within a public review process. We have worked to ensure that the design standards will not Unduly Restrict opportunities for development. 7.C Waivers. Does the Smart Growth Zoning allow the Approving Authority, through the Plan Review process, to waive specific dimensional and other standards (other than Affordability requirements) otherwise applicable to a Project (yes _X_ no_)? The Ordinance at reads as follows: " The approving authority may authorize waivers with respect to the standards set forth in this article in the site plan approval upon a finding that such waiver will allow the development project to achieve the affordability, mix of uses, and/or physical character allowable under this article. However, the approving authority may not waive any portion of the affordable housing requirements in section except insofar as such waiver results in the creation of a number of Affordable units in excess of the minimum number of required affordable units." 15 ibid August 2016 Page 17 of 22

18 7.D Phased Project Reviews. Does the Smart Growth Zoning permit the Plan Review approvals of proposed Projects to be phased for the purpose of coordinating development with the construction of Planned Infrastructure upgrades that are identified in the application (yes no ) or that are required to mitigate any extraordinary adverse Project impacts on neighboring properties (yes _X_ no_)? The Ordinance at Sec (6) reads: " The approving authority may impose conditions on a development project as necessary to ensure compliance with this article and applicable design standards, or to mitigate any extraordinary adverse impacts of the development project on nearby properties, insofar as such conditions are compliant with the provisions of M.G.L.A. c. 40R and applicable regulations and do not unduly restrict opportunities for development. The approving authority may require construction of an approved development project to be phased for the purpose of coordinating the development project with any mitigation required to address any extraordinary adverse Development Project impacts on nearby properties." For Projects that are approved and developed in phases, identify the provisions of the Smart Growth Zoning requiring that the proportion of Affordable units and the proportion of Existing Zoned Units to Bonus Units shall be consistent across all phases: The proposed Ordinance at Sec (4)(b) requires that "All Affordable Units must be constructed and occupied not later than concurrently with construction and occupancy of Unrestricted Units. In Development Projects that are constructed in phases, Affordable Units must be constructed and occupied in proportion to the number of units in each phase of the Development Project." 8. COMPREHENSIVE HOUSING PLAN 8.A Housing Needs. Identify and briefly summarize briefly the section(s) of the plan that assess the housing needs within the Municipality: The City of Brockton Housing Plan includes an extensive analysis of housing needs. Please find attached the complete Housing Plan as Attachment 8 1. Note especially Sec. III.(A) on Pages This section includes some of the key demographic, housing stock and housing affordability findings, respectively, included in the Housing Needs Analysis in the Housing Plan. Identify and summarize briefly the section(s) of the plan that describe the strategies, including but not limited to those contained in the Smart Growth Zoning, to address these needs: The Action Plans on Pp of the Housing Plan include specific strategies related to planning and regulation, housing preservation, housing creation and creation of new housing resources. Although smart growth zoning is not specifically included in the Housing Plan, the smart growth zoning proposed herein advances several specific action items included in the Housing Plan, as follows: V.(A)(4) Create an Ad Hoc Task Force to Explore How the City Can Expedite Building Permit Approvals (Pg. 108) August 2016 Page 18 of 22

19 Purpose: To explore opportunities to expedite the building approval process to reduce the time and costs involved in housing development and to send the signal that Brockton is a good place in which to invest. V.(A)(6) Revisit the City Zoning Ordinance and Make Appropriate Revisions (Pg. 110) Purpose: To undertake a review of the Zoning Bylaw [sic] and explore changes that might promote more reasonably priced housing for working families. V.(B)(4) Create Substantial Rehab Options for Larger Properties (Pg. 121) Purpose: To explore options for the rehabilitation of larger properties with five units or more to stabilize distressed neighborhoods, trigger private investment in surrounding properties, potentially create new homeownership opportunities, and increase the capacity of nonprofit and local for profit developers to efficiently rehabilitate and sell larger homes. V.(C)(3) Promote Adaptive Reuse Projects (Pg. 131) Purpose: To create new housing opportunities by converting underutilized and undermaintained municipal buildings or manufacturing properties into housing or mixed use developments. Identify and summarize briefly the section(s) of the plan that show how the Smart Growth Zoning will allow for the development of housing which is appropriate for a diverse population: The Housing Plan does not specifically address this issue. However, as noted in Sec. 5(G), the proposed Ordinance will allow for development of housing that is appropriate for a diverse population. If this was not addressed, the answer to Section 5.G shall be deemed incorporated into the plan to satisfy this requirement. Identify the section(s) of the plan that summarize the Existing Zoned Units, Future Zoned Units, and Incentive Units of the proposed Smart Growth Zoning District: If this was not addressed, the answers to Sections 4.0 and 5.0 shall be deemed incorporated into the plan to satisfy this requirement. 8.B Fair Housing. Identify and summarize briefly the section(s) of the plan that assess local housing needs within the Municipality for households in protected classes as identified in state and federal law: Affordable Units created pursuant to the proposed Ordinance will be subject to affirmative fair marketing procedures based on standards practice and policies of the Brockton Housing Authority. The City of Brockton will consider adoption of a specific fair marketing plan to accompany its consideration of 40R Smart Growth Zoning. If adopted, this modified set of procedures will be forwarded to DHCD for review and approval. August 2016 Page 19 of 22

20 Identify and summarize briefly the section(s) of the plan that specify strategies, including but not limited to those contained in the Smart Growth Zoning, that address how housing choice for such households will be served:. Identify and summarize briefly the section(s) of the plan that provide for affirmative fair marketing of the Affordable units, and for the collection of relevant data from applicants and occupants of the Affordable units in compliance with their privacy rights: Affordable Units created pursuant to the proposed Ordinance will be subject to affirmative fair marketing procedures based on standards practice and policies of the Brockton Housing Authority. If the BHA's affirmative fair marketing plan is revised, it will be drafted to ensure that the collection of relevant data from housing applicants and occupants will occur in compliance with their privacy rights. If any of the above questions in 8.8 were not addressed, attach any required update to such plan as Attachment 8 2, which shall be deemed incorporated info the plan to satisfy this requirement. 8.C Previously submitted plans. Has the Comprehensive Housing Plan been previously submitted to the Department (yes_ no _X_)? If yes, attach a copy of the plan and give the date of its first submission to the Department: Is the Municipality submitting as its Comprehensive Housing Plan a community development plan or equivalent document that was previously submitted to the Department (yes_ no _X_)? If yes, attach a copy of the plan and give the date of its previous submission to the Department: Describe how the proposed District relates to and will further the goals of such previously submitted plan or document: The application must identify and summarize the specific sections or page numbers of any such plan or other documents as required above in 8A and 88. Attach any required update to such plan as Attachment LOCAL PUBLIC NOTICE AND HEARING 9.A Public Hearing. Did the chief executive of the Municipality or designee hold a public hearing on whether the provisions of the proposed Smart Growth Zoning shall be adopted by the Municipality (yes August 2016 Page 20 of 22

21 _X_ no _)? Please find attached as Attachment 9 1 a copy of the notice of the public hearing that was held by the Office of the City Planner on October 25, B Public Comments. Attach copies of any written comments received by the Municipality on the proposed Smart Growth Zoning and the District, including any letters of support issued by the planning board, board of health, conservation commission, or other interested parties, as Attachment 9 2. Please find attached copies of all written comments received by the City of Brockton on the proposed Downtown Brockton Smart Growth District as Attachment 9 2. Attach any transcript or a summary of any oral comments received by the Municipality at the public hearing as Attachment 9 3. The Mayor and the City Council both indicated their support for the concept of smart growth zoning for the proposed District. The adoption of design standards will help to ensure an exceptional outcome for development within the District. Public officials will be working in the coming weeks and months to produce design standards in a stand alone document as referenced in the Ordinance. Upon satisfactory completion, these design standards will be forwarded to DHCD for review and approval. Summarize briefly any modifications that were made in the proposed Smart Growth Zoning or other documents in response to the comments received: 10. INFRASTRUCTURE IMPACTS AND UPGRADES See the Instructions for a description of the required Attachment 10 1, which shall demonstrate that the impacts of Future Zoned Units within the District will not over burden transportation, water, public and/or private wastewater systems, and other Infrastructure (which for the purposes of this subsection shall include improvements to public open space and public recreational facilities) as it exists or may be practicably upgraded. The attachment must be certified by a municipal engineer or public works official. Planning and Public Works officials in the City of Brockton are in the process of evaluating whether the existing water, sewer and transportation infrastructure are adequate to support the Future Zoned Units allowable under the 40R ordinance. We request that this statement enable DHCD to certify the completeness of the 40R Application. Within the DHCD review period determining whether the Application satisfies the approval requirements set forth in 760 CMR 59.04(1), we will submit a letter certified by the DPW Commissioner upon a determination of whether the infrastructure is adequate to support the potential Future Zoned Units. We understand that the proposed Downtown Brockton Smart Growth District will only receive a Letter of Eligibility upon municipal certification that the proposed development under 40R will not overburden transportation, water and public sewer system infrastructure as it exists or may August 2016 Page 21 of 22

22 be practicably upgraded. Check List of Attachments Identify documents submitted with the Smart Growth Application in the following manner: 1 1 Locator Map of the Municipality (required) 1 3 Copy of relevant portions of plan document (if applicable under 1.G) 1 5 Evidence of District's consistency with statutory goals for smart growth (if applicable under 1.G) 3 1 Developable Land Plan of District (required) 3 2 Aerial photograph of District (optional) 3 3 Copies of local by laws, ordinances, or regulations that affect As of right residential densities in District (if applicable) 4 1 Existing Zoned Units Plan of District (required) 4 2 Existing Zoned Units Spreadsheet (required) 4 3 Underlying Zoning Text (required) 4 4 Underlying Zoning Map(s) (required) 5 1 Smart Growth Residential Density Plan of District (required) 5 2 Smart Growth Residential Density Spreadsheet (required) 5 3 Smart Growth Zoning Text (required) 5 4 Smart Growth Zoning Map(s) (required) 9 1 Notice of public hearing (required) 9 2 Written comments on Smart Growth Zoning and District (required) 9 3 Summary or transcript of oral comments on Smart Growth Zoning and District (required) 10 1 Information on Infrastructure impacts and Planned Infrastructure upgrades, certified by municipal official (required) August 2016 Page 22 of 22