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HomeMy Public PortalAboutRMUD_Amendment_RequestProposed Zoning Ordinance Amendment The undersigned owners of land to be affected by this submission, hereby submit to the Watertown Town Council the following proposed Zoning Ordinance Amendment: That the Town Council vote to amend the Zoning Ordinance of the Town of Watertown by adopting the changes set forth in the attached document entitled "Regional Mixed Use District [RMUD] Proposed Zoning Amendments." Further, that the Town Council amend the Zoning Map of the Town of Watertown by removing the following described land from the existing Zoning District(s), and establishing the same in the RMUD (Regional Mixed Use District). The effected parcels shall include, at a minimum, the following Parcel ID numbers: 1301 2A 1, 1301 2D 2, 1301 2 1, and 1301 2 IA. The 2015 Comprehensive Plan, adopted on June 23, 2015, identified the Arsenal Street Corridor as the primary location for future economic development in Watertown. The Plan went on to recommend that the zoning at the eastern end of the Arsenal Street Corridor be amended in several ways, to accommodate the anticipated developments. These suggested amendments included: an update to the allowed uses, adjustments to dimensional criteria, revisions to the signage regulations, and to utilize the Planning Board as the sole review and Special Permit Granting Authority to simplify the permitting process, among others; as well as the creation of a Regional Mixed Use Zoning District. Therefore, in keeping with the recommendations of the 2015 Comprehensive Plan, these amendments request the creation of said district and associated changes, "To transform Arsenal Street into a dynamic mixed use corridor" - 2015 Comprehensive Plan, page 18. Respectfully submitted on this 4th day of August, 2015, BP WATERTOWN RETAIL LLC, a Delaware limited liability company, By: BP/Arsenal Group LLC, a Delaware limited liability company, its Manager By: Name: William P. McQuillan Title: Manager Hereunto duly authorized BP WATERTOWN RETAIL II LLC, a Delaware limited liability company, By: BP/Arsenal Group LLC, a Delaware limited liability company, its Manager By: Name: William P. McQuillan Title: Manager Hereunto duly authorized 615 ARSENAL RETAIL LLC, a Massachusetts limited liability company By: BP WATERTOWN RETAIL LLC, its managing member By: BP/Arsenal Group LLC, a Delaware limited liability company, its manager By: Name: William P. McQuillan Title: Manager Hereunto duly authorized -2- ActiveUS 147008024v.1 REGIONAL MIXED USE DISTRICT [RMUD] PROPOSED ZONING AMENDMENTS DRAFT DATE: 4 August 2015 Deleted Text is " ck though" Insert language is "bolded and underlined" Editing notes are "(italicized and within parentheses)" ARTICLE III ESTABLISHMENT OF ZONING DISTRICTS SECTION 3.01 CLASSIFICATION OF DISTRICTS (d) Special Zoning Districts — RMUD — Regional Mixed Use District ARTICLE IV GENERAL USE AND DIMENSIONAL REGULATIONS SECTION 4.11 EXCEPTIONS TO SETBACK REQUIREMENTS (e) Developments in the NB, LB, CB, I-1, I-2, I-3, RMUD, and PSCD Districts may be contiguous on a block: zero (0) lot line and/or shared party wall. Corner Tots may be developed with two front yards determined by the zoning Enforcement Officer. ARTICLE V TABLE OF DISTRICT REGULATIONS SECTION 5.01 TABLE OF USE REGULATIONS [See attached Section 5,01 Table of Uses Regulation adding RMUD uses] SECTION 5.02 TABLE OF ACCESSORY USE REGULATIONS [See attached Section 5.02 Table of Accessory Uses Regulation adding RMUD accessory uses] Proposed Town of Watertown RMUD District SECTION 5.03 NOTES TO TABLE OF USE REGULATIONS (14) Within a retail setting, the display of light duty passenger vehicles as an advertisement for sale or lease is permitted. Franchise automobile dealerships and uses as defined by Sections 2.56 and 2.57 of the Zoning Ordinance are prohibited. SECTION 5.04 District TABLE OF DIMENSIONAL REGULATIONS [add to table as noted] RMUD Min. Lot Size (s.f.) 10,000 (w) Min Frontage (ft) 50 (f) Setbacks (ft): Front 10; Max. 30 (s)(x) Side 15 (d) Rear 20 (x) Max. Building Coverage (%) 80 Max. Impervious Coverage (%) 90 Max. Height (ft/stories) 79/7 Min. Lot Area Per Dwelling Unit (s.f.) N/A Max. FAR 2.0 (i) Min. Open Space (%) 10 SECTION 5.05 NOTES TO TABLE OF DIMENSIONAL REGULATIONS (f) The minimum frontage of the lot shall be one hundred (100) feet for new construction of multi -family dwelling structures, townhouses, and rowhouses. For all new construction in the RMUD, NB, LB, CB, I-1, I-2, I-3, and I- 3 Districts the maximum length of a contiguous building facade shall be no more than one hundred and fifty (150) feet long or up to two hundred and fifty (250) feet long by Special Permit in keeping with adopted Design Guidelines. In the RMUD, greater lengths of contiguous building facade may be allowed by Special Permit, if determined to be in keeping with adopted Design Guidelines. Offsets of a minimum of twenty five (25) feet in depth and fifty (50) Proposed Town of Watertown RMUD District feet in length, shall be incorporated for facades to not be considered contiguous. The maximum linear dimension of a building shall be less than three hundred (300) feet long, unless a project of greater length, by Special Permit, is determined to be in keeping with adopted Design Guidelines. Buildings with a substantial publically-accessible pass through at the ground floor that is a minimum of fifty (50) feet across and twenty (20) feet in height, or an equivalent area, may be considered as separate buildings, as determined by the Zoning Enforcement Officer. (1) No use in the RMUD, I-1, I-2 or I-3 Districts shall exceed an FAR of 1.0 without receiving a special permit consistent with Sections 9.03- 9.15 and in no instance shall the increased intensity of use allowed by special permit exceed an FAR of 2.0. In addition, no residential use in the I-3 District shall be allowed without receiving a special permit consistent with the above noted sections and Section 5.07. (w) Existing Tots in the RMUD District that are less than 10,000 sf and were established prior to January 1, 2015, shall be deemed to be conforming as to minimum lot size. Sx) In the RMUD, Front and Rear setbacks may be reduced to be the same as existing adjacent buildings on the same lot or adjacent lots by Special Permit. SECTION 5.18 REGIONAL MIXED USE DISTRICT [RMUD] Watertown's Design Guidelines were created "to enhance the economic vitality of selected commercial areas through attractive, consistent design." The commercial corridors and squares of Main Street, Pleasant Street, Galen Street, North Beacon Street, Mt. Auburn Street and Arsenal Street are being positively impacted by the Design Guidelines and Standards as they are clarifying expectations about what development should look like and raising the quality of construction. As the Town's primary commercial corridor, the eastern portion of Arsenal Street has some of the largest retailers in the region. This area warrants greater density in light of the size of the geography and its catalytic and M transformative potential for the region. The scale of development in this n o area merits greater height, massing and sionage requirements for new ca a Proposed Town of Watertown RMUD District construction commensurate with its role as a regional attraction and destination. (a) Intent and Purpose The Regional Mixed Use District [RMUD1 has been enacted to assist, promote, and guide the orderly conversion and redevelopment of the Arsenal Street Corridor. The establishment of the RMUD is intended to accomplish the following objectives: 1) Facilitate transformative development consistent with Watertown's goal to promote mixed use development that includes retail, office, hospitality, multi -family residential and research and development uses, and that serves regional demand 2) Allow development at a density, scale and character appropriate to define a corridor that is a major gateway for the Town; Additional height may be appropriate in such Gateway Locations where consistent with Watertown's economic development goals, and the adopted Design Guidelines, as they may appropriately apply to development in the RMUD 3) Enhance the quality of life, including promoting the development of a high quality public realm, generally consistent with Watertown's Design Guidelines, that provides a well -articulated pedestrian environment which implements Complete Street concepts and facilitates connections to surrounding neighborhoods and the Charles River 4) Enhance publicallv available open space networks by connecting to and integrating with adjacent state, municipal and privately -owned parcels, where practicable. 5) Respect historic assets and architectural features that help define the character of the community 6) 7) tncentivize real estate investment that will enhance the diversity and maximize the value of the Town's tax base encourage Low impact Development using "green" building practices that encourage energy efficiency and are planned, designed, constructed, and managed to minimize adverse environmental impacts 8) Encourage development that accommodates multi -modal access (b) District Delineation Proposed Town of Watertown RMUD District The boundaries of the Regional Mixed Use District [RMUD1 are as defined on the Zoning Map of Watertown, Massachusetts, as amended on <month, date>, 2015 (insert map amendment adoption date) The provisions of this section shall apply only to the Regional Mixed Use District. [Requires map amendment] [The following map is for informational purposes only and is not intended to be included in Section 5.18] Dimensional Criteria 1) Alterations, additions and extensions to nonconforming structures shall be subject to Section 4.06. 2) No use in the RMUD shall exceed an FAR of 1.0 without receiving a Special Permit pursuant to Sections 9.03-9.05 and 9.09-9.13 of the Watertown Zoning Ordinance, and in no instance shall the increased intensity of use allowed by Special Permit exceed an FAR of 2.0. 3) Minimum Lot Area per Dwelling Unit I -Density]: N/A Proposed Town of Watertown RMUD District 4) Minimum Lot Frontage: 50 feet, subject to Section 5.05(f) 5) Height of building: a. Minimum height of building: For Office Buildings and mixed -use developments in the RMUD greater than or equal to ten thousand (10,000) gross square feet or containing ten (10) or more residential units, the minimum building height is twenty four (24) feet. b. Maximum height of building: 79 feet / 7 stories or, within a defined mixed -use project, shall employ a Master Plan Special Permit and use adopted Design Guidelines and the allowed FAR of 2.0 to determine height. 6) Maximum Total Building Coverage: eighty percent (80%). 7) Minimum Open Space: All new developments shall have at least ten percent (10%) of the total site area devoted to Open Space; required setbacks shall be considered as part of the total area for Open Space. The required Open Space shall not be used for parking, loading, or roadway purposes. Fifty percent (50%) of the Open Space shall be publicly accessible. 8) Setbacks: a. Front: Build -to -line of ten (10) to thirty (30) feet as specified in Section 5.04 and 5.05(S); per Section 5.05(x), front yards may be reduced to be the same as surrounding existing buildings by Special Permit b. Side: 15 feet; per Section 5.05(d), side yards may be omitted by Special Permit provided that the side yard does not adjoin a Residential District, and that the access of emergency equipment to the rear is not rendered inaccessible c. Rear: 20 feet; per Section 5.05(x), rear yards may be reduced consistent with surrounding existing buildings by Special Permit 9) Minimum Lot Size: 10,000 square feet; Existing lots per Section 5.05(w) CD 0.0 a (d) Parking Requirements Proposed Town of Watertown RMUD District Off-street parking shall comply with the requirements of Article VI of the Watertown Zoning Ordinance. [Note: see amendment to Article VI below] (e) Signs and Illumination: Signage shall comply with the requirements of Article VII of the Watertown Zoning Ordinance. [Note: see amendments to Article VII below] (f) Design Guidelines Per Section 9.03(d), developments in the RMUD with four or more residential units or 10,000 square feet of new development or greater are subiect to review according to the Town of Watertown's adopted Design Guidelines. N 1 CZ a (g) RMUD Master Plan Special Permit with Site Plan Review Any project requiring relief per Section 5.01 of the Ordinance shall be subject to Sections 9.03 and 9.05 of the Watertown Zoning Ordinance, or a Petitioner/project may seek, as an alternative approval process, an RMUD Master Plan Special Permit under Section 5.18(g), if a project encompasses five (5) or more acres. The revitalization and redevelopment of property in the RMUD may involve new uses and buildings, additional structured parking,, enhanced landscaping, and other significant changes. The projects may occur over time, and in phases. A Petitioner may wish to seek conceptual level approval of a large-scale mixed -use project, with detailed Final Site Plan Reviews of individual buildings under Section 9.03 to occur later, before each new building is constructed. A project -level review provides an opportunity to consider and address the cumulative effects of the individual phases and for the holistic consideration of a large-scale mixed -use project. The RMUD Master Plan Special Permit with Site Plan Review process provides the opportunity and a mechanism for review of a large-scale mixed - use project that will be built in phases. Proposed Town of Watertown RMUD District 1 ) Application: A Petitioner proposing to construct one or more new buildings (which may include structured parking and may include alterations to one or more existing buildings) may seek approval of the overall project through a Master Plan Special Permit, for which the Planning Board will be the sole Special Permit Granting Authority (SPGA) for all purposes. An application for an RMUD Master Plan Special Permit shall include, at a minimum, for each proposed new building, structural alteration of an existing building, or principal use outside of a building: a. The proposed location, approximate footprint, height, and gross floor area; b. Building elevations showing principal building entrances, overall building massing, rooflines, and general fenestration patterns and will require multiple three-dimensional elevations; c. Cross section drawings indicating the relationship of the building or buildings to adjoining properties, streets and open spaces; d. Identification of all principal and accessory uses, other than parking, exceeding 10% of the proposed additional gross floor area; e. Vehicle and bicycle parking areas or facilities to be provided; f. Proposed design criteria establishing a palette of building materials, architectural elements, and landscaping elements to be finalized for each individual building during later, detailed Site Plan Reviews; g. Shadow Analysis; h. TIAS of traffic generation and onsite/offsite impacts; i. Verification of sewer capacity; and j. Storm -water Management 2) Review of Application: The SPGA shall hold a public hearing in accordance with procedures outlined in Section 9.04. The SPGA shall not approve an RMUD Master Plan Special Permit unless it finds that the four conditions for Special Permit approval set forth in Section 9.05(b) of this Zoning Ordinance have been met. The Petitioner's submission of and the review of the conceptual level plan component of an RMUD Master Plan Special Permit shall follow the procedures set forth in Section 9.03. The SPGA shall not approve such an Proposed Town of Watertown RMUD District RMUD Master Plan Special Permit unless it finds that the Petitioner has satisfactorily addressed, at a conceptual level, the ten criteria listed in Section 9.03(c). 3) Parking Reduction: In granting an RMUD Master Plan Special Permit, the SPGA may reduce the number of required parking spaces, based on the availability of public transportation alternatives at or near the RMUD master -planned project, the transportation demand management programs implemented or to be implemented as part of the RMUD Master Plan, the ability of uses with peak user demands at different times to share parking spaces or other factors for which the Petitioner provides a parking study or analysis prepared under the direction of a Professional Engineer or Architect with the requisite experience in conducting such analysis, using standards and methodologies promulgated by the Institute of Transportation Engineers, the Urban Land Institute, or other appropriate source. In addition, the SPGA may allow the Petitioner to temporarily further reduce the amount of parking provided as part of an RMUD master -planned project during a phase(s) of an approved large-scale mixed -use project if existing parking spaces will be eliminated during a phase of implementation, to be replaced in that or a later phase of implementation, for example if a structured parking facility is to be built on the location of an existing surface parking lot. In determining whether to grant such a temporary further reduction of the amount of parking, the SPGA shall take into consideration the factors set forth above in this subsection and the applicant's proposal% if any, to provide substitute off -site parking or other interim measures to reduce the demand for parking within the RMUD master - planned project. 4) Final Site Plan Review: Prior to the issuance of a Building Permit for any building approved under an RMUD Master Plan Special Permit, the Petitioner shall obtain Site Plan Review of the final design details of the proposed building and any related landscaping or other improvements following the u procedures set forth in Section 9.03 of this Zoning a Ordinance. Proposed Town of Watertown RMUD District 5) Amendments to an approved RMUD Master Plan Special Permit: Changes to an approved RMUD Master Plan Special Permit site plan that are Minor, as determined by the SPGA or Director of the Department of Community Development and Planning (Director), may be approved by the SPGA as part of the Final Site Plan Review for the associated building(s). Changes that the SPGA determines are Major shall require an amendment to the RMUD Master Plan Special Permit, following the procedures set forth in Section 9.05 of this Zoning Ordinance. In determining whether changes are Minor, the SPGA or Director shall consider as Minor any changes that do not alter by more than ten percent (10%) a building's footprint, height, floor area ratio, or setbacks, provided that the resulting building still complies with applicable dimensional requirements; changes to building materials, architectural elements, and landscaping elements that are consistent with the approved RMUD Master Plan Special Permit, rearrangement of the proposed principal and accessory uses, and changes to the alignment of internal streets or pedestrian corridors shall be considered as Minor. Changes that increase a building's footprint, height, or floor area ratio by more than twenty-five percent (25%), that eliminate a proposed internal street or pedestrian corridor, or that eliminate or add a principal use occupying more then twenty-five percent (25%) of the proposed gross floor area, shall be considered Major. 6) Exercise of RMUD Master Plan Special Permit: Substantial use of a RMUD Master Plan Special Permit will be deemed to have occurred for purposes of Section 9.13 of the Zoning Ordinance and Section 9 of the Massachusetts Zoning Act, M.G.L. c. 40A, if, within one year from the date of the grant of the SPGA's RMUD Master Plan Special Permit, construction of an approved building or commencement of an approved principal use outside of a building has begun. 7) Procedure: Notwithstanding anything to the contrary in Article IX or elsewhere in the Watertown Zoning Ordinance, Proposed Town of Watertown RMUD District the Planning Board shall be the Special Permit Granting Authority for all Special Permits in accordance with Section 9.03 in the RMUD, including the RMUD Master Plan Special Permit, Site Plan Review and amendments to an approved RMUD Master Plan Special Permit. ARTICLE VI AUTOMOTIVE AND BICYCLE PARKING REQUIREMENTS SECTION 6.02 LOCATION AND DESIGN OF OFF-STREET PARKING SPACES (n) In the Business Zones arty Industrial Zones, PSCD and RMUD, the off- street parking requirements of Section 6.01 may be satisfied with the use of a stacked parking configuration. For the purposes of this section 6.02(n) stacked parking shall mean a parking space, including enclosed garage parking spaces, where within a parking space vehicles may be parked with one (1) vehicle behind another, with a maximum two (2) vehicles in each stack. Notwithstanding the provisions of section 6.02(b) above, each parking space shall be marked and shall not be less than eight (8) feet in width and seventeen (17) feet in length for angle parking or twenty-two (22) feet in length for parallel parking, exclusive of drives, walks and maneuvering space. One (1) of the two vehicles in each stack shall have direct access to an aisle or drive -way having a minimum width of twenty-four (24) feet in the case of two-way traffic or in the case of one-way traffic the minimum aisle width provided in Section 6.02(c). The surfaced area of off-street parking areas shall be set back a minimum of five (5) feet from all buildings and lot lines. Such setback areas, except for entrance and exit drives, shall be properly landscaped with grass, trees, shrubs, flowers and other landscaping materials. ARTICLE VII SIGNS AND ILLUMINATION SECTION 7.07 SIGNS IN THE RMUD DISTRICT [add section and adjust subsequent section numbering as required] ri In the RMUD district, no on -premise sign or advertising device shall be o permitted except as follows: a, Proposed Town of Watertown RMUD District (a) As permitted in S-10, S-6, SC, CR, T, OSC, R.75, PSCD and R1.2 districts. (b) For mixed -use developments containing a minimum of 200,000 square feet of retail uses, signs shall be permitted as follows: 1) Free-standing signs: a. Way -finding Signs: On -premises directional signs for the convenience of the general public, identifying public parking areas, fire zones, building addresses, site entrances and exits and similar signs, non -illuminated, not exceeding six square feet per face and six feet above the ground. Way - finding signs can be free-standing or wall -mounted and, if attached to a building, do not count towards the aggregate total tenant signage area permitted for that building. b. Vehicular Directory and Pedestrian Directory Signs: not to exceed twenty square feet per face and eight feet above ground, internally or externally illuminated. Directory signs can be free-standing or wall -mounted and, if attached to a building do not count towards the aggregate total signage area permitted for that building. c. Residential Monument Signs: free-standing signs for multi- family residential uses with a minimum of twenty units located at major project entries, not exceeding fifty square feet per face and eight feet above the ground, internally or externally illuminated. d. Commercial Monument Signs: free-standing signs for commercial uses located at major project entries, not exceeding one hundred square feet per face and fifteen feet above the ground, internally or externally illuminated. e. Pylon Signs: one free-standing pylon sign for commercial uses per frontage with a minimum of 100 linear feet. Signs not to exceed three hundred and fifty square feet per face fstructure and base excludedl and thirty feet above the ground, internally or externally illuminated. 2) Tenant Signs - on all commercial building facades, including parking structures and the commercial portions of mixed -use C\l buildings with residential uses: elo a. Wall Signs: not to exceed two square feet per horizontal a linear foot per floor of building facade facing a street, access Proposed Town of Watertown RMUD District drive or parking area; including marquee and banner signs mounted parallel to the building facade but not including way -finding signs, free-standing signs, directory signs or projecting signs; internally or externally illuminated; except that any tenant over 20,000 square feet may exceed this ratio by up to an additional half of a square foot per horizontal linear foot of facade. A building facade that does not face a street, access drive or parking area may have signage not to exceed one square foot per horizontal linear foot per floor. b. Window Signs: a sign that is applied or attached to the exterior or interior of a window, or located in such manner within a building that it can be seen from the exterior of the structure through a window, does not count towards the allowable total sign area on a building facade. c. Projecting Signs: each tenant is allowed one blade, banner, under -canopy or awning sign, mounted perpendicular to the building, that does not count towards the allowable total sign area on a building facade; internally or externally illuminated. Additional projecting signs are counted towards the aggregate total sign area. A projecting sign must be mounted at least eight feet clear above the ground and project no more than eight feet from the building facade to which it is mounted. 3) Residential Signs - on all residential building facades, including the residential portions of mixed -use buildings with commercial uses: a. Wall Signs: not to exceed fifty square feet per building facade facing a street, access drive or parking area, internally or externally illuminated. A building facade that does not face a street, access drive or parking area may have signage not to exceed thirty square feet. 4) Temporary Signs: a. A temporary Tenant Sign, not exceeding the permitted size for a permanent sign, may be erected while an application for a permanent sign is being considered but, in no case, shall it be displayed for a period of more than ninety days. b. On -site construction signs in conjunction with an approved p building permit shall be permitted for a period not to exceed fourteen days prior to the commencement of construction Proposed Town of Watertown RMUD District through fourteen days following the completion of construction. Such signs may identify persons or companies involved with the construction, architecture, engineering and development of the premises. No single construction sign shall exceed thirty-two square feet in total area and ten feet in height. Construction signs shall not be illuminated. c. Civic Event Signs may be erected for a period not to exceed thirty days prior to the scheduled date of the event and shall be removed within three days following the event. d. On -site Commercial Event Signs announcing a special, unique or limited activity, service, product or sale of limited duration may be erected for a period not to exceed thirty days prior to the scheduled date of the event and shall be removed within three days following the event. No single sign shall exceed thirty-two square feet in total sign area and ten feet in height. Commercial Event Signs shall be permitted twice per caienaar year, and the aggregate total area shall not exceed sixty-four square feet for the property at any given time. e. Seasonal Banners and decorations may be erected during holiday periods, and must be located and scaled appropriately with respect to the buildings that they are affixed to. f. On -site Real Estate Signs may be placed, not to exceed one per frontage, and shall be removed within three days following the sale, lease or rental of the premises. Real Estate Signs shall not exceed twenty-four square feet and a maximum height of ten feet. 5) Prohibited Signs: a. Animated signs - signs having moving parts or strobe lighting or motion picture projection, which create the illusion of moving parts, animated viewing screens, flashing chasing or twinkling lights, except for signs that have a static display of at least eight seconds before changing to a different fixed message, so as to be considered "stationary," as opposed to "dynamic" or "animated." b. Free-standing signs shall not be placed in a public right of way. c. A sign shall not be designed or so placed as to endanger, obscure, confuse, blind by glare or otherwise create a hazardous condition to motor vehicle traffic. Proposed Town of Watertown RMUD District d. Roof signs. e. Non-accessory signs advertising a business, service, product or activity at other locations off -site. 6) Design Requirements: a. Signage shall be sized and placed to reinforce, rather than compete with, the architectural elements and proportions of a building. b. A wall sign shall not project beyond the ends of the walls to which it is mounted. c. Wall signs and projecting signs shall not extend above the roof line or parapet of the building to which it is mounted. d. No part of a projecting sign shall extend into vehicular traffic areas or in anv way interfere with vehicular site lines. e. All free-standing signs must be protected from vehicular damage by a poured -in -place concrete curb or planter. f. Signs may be erected in required setback areas. g. All exterior lighting shall adhere to Section 7.12 EXTERIOR LIGHTING STANDARDS and Section 7.13 EXTERIOR LIGHTING TECHNICAL SUBMITTALS. L.f) G) cn m a