Loading...
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 2 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 4 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 5 (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 6 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 7 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 8