HomeMy Public PortalAboutZoning Ordinance as adoptedECTED OFFICIALS:
Irk S. Sider's,
until President
!phen P. Corbett,
:e President
ron Dushku,
uncilorAt Large
san G. Falkoff,
uncilor At Large
thony Palomba,
uncilorAt Large
geline B. Kounelis,
strict A Councilor
cilia Lenk,
strict B Councilor
icent J. Piccirilli, Jr.,
strict C Councilor
nneth M. Woodland
strict D Councilor
Watertown Town Council
Administration Building
149 Main Street
Watertown, MA 02472
Phone: 617-972-6470
ORDINANCE # C,
AN ORDINANCE AMENDING THE TOWN'S ZONING ORDINANCE IN
REGARD TO ARSENAL OVERLAY DEVELOPMENT DISTRICT
Whereas, Athena Arsenal LLC purchased the property contained within the
Arsenal Overlay Development District; and
Whereas, the property owner has been developing a master plan which require
amendments to the Arsenal Overlay Development -District; and
Whereas, the provisions of Massachusetts General Laws Chapter 40A, Section
5, provide the procedure for amending the Zoning Ordinance; and
Whereas, the amendments are proposed to allow limited retail uses consistent
with the Campus Special Permit as a permitted use, increase height for new
construction, require parking consistent with Article VI of the Zoning Ordinance, and
clarify the permit procedures for the Arsenal Overlay Development District; and
Whereas, the proposed amendments to the Zoning Ordinance have been
submitted to the Planning Board for consideration; and
Whereas, on May 14 and June 11, 2014 the Watertown Planning Board
conducted a duly advertised public hearing on these amendments in accordance with the
requirements of General Laws Chapter 40A, Section 5; and
Whereas, the Planning Board submitted its report and recommendation to the
Town Council with respect to such proposed amendments to the Zoning Ordinance; and
Whereas, on June 8, 2015 the Town Council conducted a duly advertised public
hearing with respect to such proposed amendments to the Zoning Ordinance.
NOW THEREFORE BE IT ORDAINED by the Town Council of the City
Known as the Town of Watertown that Chapter 155 of the Watertown Code of
Ordinances is hereby amended as follows:
1. Revise Chapter 155 of the Watertown Code of Ordinances, Zoning Ordinance,
Section 5.12, Arsenal Overlay Development District (AODD) by deleting the
struck -through language and inserting the underlined language as follows:
SECTION 5.12 ARSENAL OVERLAY DEVELOPMENT DISTRICT (AODD)
(a) Name: Arsenal Overlay Development District (AODD)
(b) Intent and Purpose: To create a zoning overlay district to assist, promote, and guide the
orderly conversion and redevelopment of former US Army Materials Technology Laboratory
(AMTL) property in a manner which is beneficial to Watertown.
(c) Objectives: The establishment of the AODD overlay district is intended to accomplish the
following objectives:
(1) To permit the expeditious and efficient redevelopment of the AMTL property
which will enhance the community's quality of life and economic well-being;
(2) To provide for compatibility of land uses within the AMTL property and with
respect to abutting propertyproperties;
(3) To promote the preservation of the historic resources and character of the
property, including the rehabilitation of existing structures to the maximum extent
practicable;
(4) To allow for a density which is appropriate for economic revitalization while
not burdening the surrounding neighborhoods;
(5) To allow for greater flexibility and discretion in planning and design by the
Town of Watertown, in accordance with the "Arsenal on the Charles Signage
Guidelines", prepared by Sasaki Associates, Inc., dated September 2000,,-, as may be
amended; and
(6) To facilitate the expansion of retail, restaurant, cultural, and other community
amenity uses of the redeveloped AMTL property to better serve AODD occupants,
the nearby neighborhoods, and other visitors.
(d) Permitted Uses: The following land uses are permitted within the overlay -district (AODD}_
Principal Uses:
(1) Commercial:
Bank
CorperateBusiness Offices
Restaurant, with or without liquor
Brewpub
Hotel
Health & Fitness Club
Medical Centerand Dental offices
Retail and Consumer Services provided that the total gross floor area used for such uses
(including accessory Retail and Consumer Services serving AODD occupants) shall not
exceed 10% of the total gross floor area within the AODD.
(4)(2) Industrial:
Research and Development
Light Manufacturing
Assembly
{2)(3) Institutional, Community, Cultural:
Museum
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Library
Theater
Day Care
Aquarium
Sollege University,, and any-ac-ade-mic, research, or support uses ord n as ciated
with a college --e „rersity campus, including; witheut—l-i-initatien, classrooms,
dormitories and housing for graduate (but not undergraduate) students, faculty housing;
eating facilities, research laboratories, athletic facilities, health care facilities,
telecommunication facilities, broadcast facilities, libraries, faculty, admTni-strative nd
etherother-offices,museumsrauditorium, th tres, concert halls, and other facilities of public
assembly; -end parking related to any -of -the -foregoing uses or facilities at property
located -within the AODD and-to--any-college or university-us activiticc or facilities, or
academic, research or support� serca a^ctciry ties or facilities ordinarily a'•cociatcd with a
college -or -university campus; -on-properties owned -or controlled -by -President and
Fellows of Harvard--College-or any of its -Affiliates and located in Boston, Cambridge, or
Watertown. For the -purpose of this paragraph, "Affiliates" shall -mean -entities that arc
directly or indirectly through one or more -intermediaries under the control -of -Presi dent
and Fellows of Harvard College, including --entities in which the -sole member(s) are one
or more o#ieer�ident and Fella ollegc.
Any -religious, educational, or licensed day care use ^ defined by M r c A0A R3.
Any principal uses permitted or permitted by Special Permit under Article V in an Industrial or
Business district which are not specifically prohibited but which are not listed as a permitted
use in (d) may be allowed by Special Permit by the Planning Board.
Accessory Uses:
(1) Parking, for citcAODD occupants; and visitors
(2) Retail and Consumer Services such as Bank, ATM, Salon, Newsstand, Coffee Shop
(limited to 10% of floor area of any building to serve sitoAODD occupants)
(3) Warehousing to service siteAODD occupants
(4) Hotel
Prohibited Uses:
The following uses are specifically prohibited; within the AODD:
Residential (except for dormitories and housing for -graduate students and
faculty -housing -permitted above under Institutional, Community-and--Su4turel-
Uses)Hotel as permited above.)
Heavy Industrial
Wholesale or Warehouse except as specifically permitted above
Retail
Auto Sales or Repair
Any uses -which -are -net specifically -prohibited but which are not listed as a
permitted use -in (d) and -arc consistent -with -the -Reuse Plan Update may -be --
allowed at the discretion -of the Planning Board.
(e) Dimensional Criteria:
(1-)-MaAmum Floor Area: The following maximum —floor ar a has bees -established for the
existing struott res be-rehabilitated:
Building Ma €leor-Area
3a 1 3-751000
312 75,000
313 65,000
3
37
43
292
97
60
117
118
131
TOTAL
60T000
44,000
28,200
37,000
30,000
1,920
7,200
46,100
779,420
(1) -Maximum Building Footprint: For any contributing historic structure, the exterior
footprint shall not be expanded beyond the existing area as of the date of this
Ordinance (June 8, 2015).
For any new construction, the Planning Board shall determine maximum allowable
floor area based upon criteria determined by on -site and off -site constraints such as
parking, traffic, open space, circulation, and the provisions of the Historic Preservation
Memorandum of Agreement, as amended (MOA).
(2) Maximum Height: No AMTL structure to be rehabilitated or renovated shall be raised in
height, except for accessory equipment. In all instances, roof accessory equipment shall
have inconsequential or minimal visual and auditory impact on the surrounding
neighborhood.
For any new construction, no structure shall exceed 50 -feet -or 4 stories, andthe following:
West of School Street - five (5) feet in elevation above the nearest adjacent existing
building within the AODD as of June 2015. The top facade facing Arsenal Street shall not
be higher in elevation than the top of the northwest corner of Building 311, with the
portions of the building taller than the northwest corner of Building 311 being set back a
minimum of 10 additional feet from the new building's front facade facing Arsenal Street.
East of School Street — two stories, not to exceed twenty four (24) feet in elevation,
above the plane created by the roofs of the adjacent existing building within the AODD,
as of June 2015, excluding the existing parking garage.
Necessary features that promote sustainable practices may extend up to 15 feet above
the roofs of buildings in excess of the height limits noted above provided the portions
exceedinq the height limits are not used for parking or other permitted uses in this
Section.
The heights of all new structures shall be consistent with the provisions of the MOA.
(1)(3) Building Coverage: Any new structures shall not result in a total building coverage
of more than fifty percent (50%), excluding parking areas and garages when added to the
total square feet of all buildings on the site.
(2)(4) Setbacks: For any new structures, the following lot line setbacks shall
apply, except as specified below *:
Front: 25 feet
Side: 25 feet
Rear: 25 feet
* For the North Beacon Street frontage west of Charles River Road, no new
construction may extend closer to the street nor higher in elevation than the line
established by a 45 degree plane beginning at the northerly side line of North Beacon
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Street and extending northward into the AODD. In no circumstances shall the
setback be less than 25 feet (see ** below) nor the height greater than allowed by
5.12(e)(2). East of Charles River Road, no building shall be permitted within 50 feet
of North Beacon Street.
** By AODD Campus Special Permit with Conceptual Site Plan Review, the
Front Setback may be reduced along Arsenal Street to the front setback of Building
311 to maintain consistent building lines, provided that any new construction less
than 25 feet from Arsenal Street authorized by such a special permit must include
first floor commercial, community, or cultural uses along at least 80% of the Arsenal
Street facade.
*** Any new construction south or west of Building 39 must be screened by a 25
foot wide buffer along North Beacon Street, landscaped with shrubs and trees, which
area may also include a pedestrian/bicycle path(s), an informational kiosk(s),
scattered seating, and similar amenities.
(1-8)(5) Minimum Lot Size: Ten Thousand (10,000) square feet
(6) Minimum Open Space: Fifteen percent (15%) of the lot
(f) Parking Requirements:
AUTOMOBILE
Use �+N�+ ��� Spn�per 1 000 sci are feet of floor area
Research & Developna t N 2
Manufacturing 2
All other uses Consistent with Section -6 -of -the -Watertown Zoning -Ordinance
(1) -Off-street vehicle parking shall be provided as required by Article 6 of the Watertown
Zoning Ordinance. For the purposes of Section 6.01(g), the AODD shall be treated as a
single lot, without regard to internal lot lines or divisions of ownership.
(2) By Special Permit, the Planning Board may reduce the otherwise required number of off-
street accessory parking spaces, based on the availability of public transportation
alternatives at or near the AODD, the transportation demand management programs
implemented or to be implemented within the AODD, the ability of uses with peak user
demands at different times to share parking spaces or other factors for which the
applicant provides a parking study or analysis prepared under the direction of a
Professional Engineer 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.
BICYCLE: Required offOff.-street bicycle parking shall be provided as follows:
(1) One bicycle parking space for every 20 automobile parking spaces;
(2) Each bicycle parking space shall be sufficient to accommodate a bicycle 7 feet in length
and 2 feet in width. Inverted U frame racks that support the bicycle at two or more points
above and on either side of the bicycle's center of gravity are required. An alternative
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(3)
style of rack or bicycle securing system that, in the opinion of the Planning Board,
provides comparable levels of security and convenience, may be provided. Racks must
be secured to the ground.
Where more than 10 bicycle spaces are required, half shall be provided as long term
(employee) parking, secure and protected from the elements. The other half shall be
provided as short term (customer or visitor) parking, visible and convenient to building
entrance.
(4) Accommodation of bicycle lockers and showers, which further encourage bicycle
transportation, shall be negotiated during the developer marketing and selection phases
in order to meet the provisions of the Transportation Demand Management (TDM) Plan
as stipulated in the Environmental Impact Report (El R) to be issued for the
redevelopment of the site. A centralized bicycle facility which includes all of the above
provisions is highly desirable.
(g) Siting and Design Guidelines:
Pursuant to the requirements of the Historic Preseryafinn Memorandum of Agreement
(MOA)T1 the character defining features of the structures located on the AMTL property must
be preserved. The MOA listed the character defining features as follows:
Building and Structure Exteriors
Fenestration
Scale
Color
Use of Material
Mass
Views to, from, across the Olmsted -designed landscape
All rehabilitation of existing structures and any new construction must be sensitive to these
features and consistent with the Secretary of the Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings.
(h) Permitting Requirements and Procedures:
All projects within the Arsenal-Overaay-D evelepnaent-distriotAODD are subject to the
provisions of this Ordinance.
(i) AODD Campus Special Permit with Conceptual Site Plan Review:
The continued revitalization and redevelopment of the former AMTL property will involve new
uses and buildings, additional structured parking, enhanced landscaping, and other
significant changes. These will occur over time, likely in phases. An applicant may wish to
seek conceptual level approval of a campus -wide project, with detailed Site Plan Reviews of
individual buildings under Section 9.03 of this Zoning Ordinance to occur later, before each
new building is constructed. Such an initial, project -level review would provide an opportunity
to consider and address the cumulative effects of the individual phases and for the holistic
consideration of a campus -wide project. The AODD Campus Special Permit with Conceptual
Site Plan Review (AODD Campus Special Permit) process provides the opportunity and a
mechanism for review of a campus -wide project that will be built in phases.
(1) Application: An applicant 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 an AODD Campus Special Permit, for which the
Planning Board will be the Special Permit Granting Authority. An application for AODD
Campus 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
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building massing, rooflines, and general fenestration patterns and will require
multiple three-dimensional elevations;
(C) Identification of all principal and accessory uses, other than parking, exceeding
10% of the proposed additional gross floor area;
(D) Vehicle and bicycle parking areas or facilities to be provided; and
(E) Proposed design guidelines establishing a palette of building materials,
architectural elements, and landscaping elements to be finalized for each individual
building during later, detailed Site Plan Reviews.
(2) Prior to a public hearing, the applicant shall hold a minimum of two (2) informal
meetings with abutting residents and neighborhood groups to review the Campus Plan
materials.
(3) Review of Application: The Planning Board shall hold a public hearing in accordance with
procedures outlined in Section 9.04. The Planning Board shall not approve an AODD
Campus 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 applicant's
submission of and the review of the conceptual site plan component of an AODD Campus
Special Permit shall follow the procedures set forth in Section 9.03. The Planning Board shall
not approve such a conceptual site plan unless it finds that the applicant has satisfactorily
addressed, at a conceptual level, the ten criteria listed in Section 9.03 (c).
(4) Parking Reduction: In granting an AODD Campus Special Permit, the Planning Board
may reduce the number of required accessory parking spaces, as provided for in subsection
(f)(2) above. In addition, the Planning Board may allow the applicant to temporarily further
reduce the amount of accessory parking provided with the AODD during a phase(s) of an
approved campus -wide 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 accessory
parking, the Planning Board shall take into consideration the factors set forth in subsection
(f)(2) above and the applicant's proposals, if any, to provide substitute off -site parking or
other interim measures to reduce the demand for parking within the AODD.
(5) Final Site Plan Review: Prior to the issuance of a Building Permit for any building
approved under an AODD Campus Special Permit, the applicant shall obtain Site Plan
Review of the final design details .of the proposed building and any related landscaping or
other improvements following the procedures set forth in Section 9.03 of this Zoning
Ordinance.
(6) Amendments to Conceptual Site Plan: Changes to an approved AODD Campus Special
Permit conceptual site plan that are minor, as determined by the Planning Board, may be
approved as part of the final Site Plan Review for the associated building(s). Changes that
the Planning Board determines are major shall require an amendment to the AODD Campus
Special Permit, following the procedures set forth in Section 9.05 of this Zoning Ordinance.
In determining whether changes are major or minor, the Planning Board shall treat as minor
any changes that do not alter by more than 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 AODD Campus Special Permit and
conceptual site plan, rearrangement of the proposed principal and accessory uses, and
changes to the alignment of internal streets or pedestrian corridors, and shall treat as major
any changes that increase a building's footprint, height, or floor area ratio by more than 25%,
that eliminate a proposed internal street or pedestrian corridor, or that eliminate or add a
principal use occupying more than 25% of the proposed gross floor area.
(1)(7) Exercise of AODD Campus Special Permit: Substantial use of a AODD Campus
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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 filing of the Planning Board's AODD Campus Special Permit decision
with the Town Clerk, construction of an approved building or commencement of an approved
principal use outside of a building has begun.
,✓ i 7
Council Member
Y hereby certify that at a Special' meeting of the Town Council for which a quorum was present, the
above Ordinance was adopted by a roll call vote of 7 for, 2, against, 0 present on June 8,
2015.
--/:/}17
Valeri' P pas, Council Clerk Mark S.'Sideris, Cot hell President
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