Everett City Zoning Code
SECTION 36
Master Planned Development.
(Added 10-28-2024 by Ord. No. C0260-24)
(a)
Intent.
(1)
To utilize dynamic, long-term planning to implement the recommendations of the city for transformational development or redevelopment of land in a comprehensive manner allowing for the conceptual layout of synergistic uses and connections between buildings, social settings, streets and the surrounding environment.
(2)
To implement comprehensive planning and permitting to design and create destination districts at underdeveloped properties through the authorization of a long-term plan for future development, while allowing for flexibility to meet changing market demands.
(b)
Purpose.
(1)
To allow a Master Plan Special Permit for the coordinated development of land as a Development Site allowing for comprehensive planning and compliance with the Everett Zoning Ordinance in the aggregate across a Development Site rather than by individual lots.
(2)
To provide for foreseeability in the implementation and build out of individual projects, uses and mitigation for approved Master Plans.
(3)
Permit some flexibility in the development of individual tracts of land by required and predetermined standards.
(4)
To allow for subsequent subdivision and conveyance of separate parts of the Master Plan while maintaining overall compliance.
(5)
To provide certainty to the city and project proponents that once a Master Plan is approved, the approved Master Plan is protected against future zoning changes.
(c)
Applicability.
(1)
Master Plan Special Permits may be granted pursuant to this section for property in any zoning district except Dwelling Districts. The zoning for specific districts may alter the procedures and requirements for Master Plan Special Permits set forth in this Section.
(d)
Definitions.
(1)
Approving Authority. The Planning Board of the City of Everett.
(2)
Development Project. A Project undertaken pursuant to this section that requires Master Plan Special Permit and Site Plan Approval.
(3)
Development Site. One or more lots on which a Development Project is proposed.
(4)
Gross Square Feet ("GSF"). The measure of floor area of space on all floors inclusive of heated basements, hallways, mechanical rooms, storage space and other miscellaneous space, whether or not exclusively occupied by a single tenant or occupant, measured from the exterior faces of exterior walls. Gross floor area does not include covered walkways, open roofed-over areas, porches, exterior terraces or steps, chimneys, roof overhangs, parking garages and unheated basements.
(5)
Height. The vertical distance of the highest point of the roof beam in the case of a flat roof and of the mean level of the highest gable of a sloping roof as measured from the mean ground level of the finished grade at all elevations of a building.
(6)
FAR. The result of dividing the gross floor area of the building or buildings on a lot by the total lot area expressed as a decimal number.
(7)
Lot. A parcel of land under 1 sole or undivided ownership separate from that of any adjoining lots. A corner lot for the purposes of this section is any lot which occupies the interior angle at the intersection of two (2) street lines which make an angle of more than 45 degrees and less than 135 degrees with each other. The Applicant shall, for the purposes of this section, have the privilege of calling either street lot line the front, without reference to the building arrangement. However, it shall remain the authority of the Planning Board to dictate the frontage of any subject residential building on a lot for purposes of calculating the eligible number of residential on-street parking permits.
(8)
Open Space. An area of land such as a square, green, park, and linear park which is located and designed for access by residents, employees and/or patrons of a Development Project, including provision for access by pedestrians and/or bicyclists for passive or active recreation and landscape buffers around structures.
(9)
Site Plan. A plan depicting a proposed Development Project which is submitted to the Approving Authority for its review and approval in accordance with the provisions of this section.
(10)
Site Plan Approval. The Approving Authority's authorization for a proposed Development Project in accordance with this section after the conduct of a Site Plan Review.
(11)
Special Permit Granting Authority. The Planning Board of the City of Everett.
(e)
Development Review.
(1)
General. Development approval under this section includes a two-tiered permitting process consisting of:
a.
Master Plan Special Permit: Development approval under this Section allows for a Master Planned Development through the issuance of Master Plan Special Permit prior to and as a prerequisite to Site Plan Review; and
b.
Site Plan Review: Development on individual lots within a Master Planned Development Property subject to an approved Master Plan Special Permit shall be subject to Site Plan Review pursuant to the provisions of this Section.
(2)
Master Planned Development.
a.
Proposed development or redevelopment of 1/2 acre of land or more may proceed as a Master Plan Special Permit.
b.
Notwithstanding the creation of separate lots within a Development Site, which are separated by streets, driveways, Open Space and other buildings or structures, Development Sites approved under a Master Plan Special Permit shall be permitted to aggregate all project components, including, but not limited to, FAR, parking, and Open Space, so that any one lot may not comply with otherwise applicable requirements provided that the overall Development Site complies, provided the Approving Authority finds that the aggregation adequately serves the area covered by the Master Plan Special Permit. Land containing buildings, structures or open spaces which are part of an approved Master Plan Special Permit may be subdivided and conveyed to third parties as separate lots and remain in compliance with the Master Plan Special Permit, provided such division does not result in any violation of this section or the requirements of the Master Plan Special Permit.
c.
Previously permitted development may be included in a Development Site and proposed build out of a Master Plan, provided that the date of the first certificate of occupancy for the subject real property is not more than 2 years prior to the decision date of the Master Plan Special Permit.
(f)
Master Plan Standards.
An application for a Master Plan Development Special Permit shall include the following:
(1)
Quantitative data including:
a.
Parcel size;
b.
Proposed lot coverage of structures;
c.
Floor area ratio;
d.
Total amount of private open space, both private and public;
e.
Total number and type of dwelling units by number of bedrooms;
f.
Approximate gross residential densities;
g.
Total amount in square footage of nonresidential construction by type of use;
h.
Number of parking spaces to be provided by use;
i.
Total length of streets to be conveyed to the city government;
j.
Total length of streets to be held as private ways within the development;
k.
Total length by type of other public works to be conveyed to the city government;
l.
Number and types of public facilities.
(2)
Graphic materials shall include, but not be limited to, the following:
a.
Map of existing site conditions, including contours, water course, floor plains, unique nature features, existing vegetation, soil types, existing buildings;
b.
Map of existing land use;
c.
Existing and proposed lot lines;
d.
Location and size of gross floor area of all existing and proposed buildings, structures, and other improvements including maximum heights, types of dwelling units, and nonresidential structures by use;
e.
Location and size in square feet of all private open space and areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, school sites, and similar public and semi-public uses;
f.
The existing and proposed circulation system of arterial, collector, and local streets, including off-street parking areas, service areas, loading areas, and all points of access to existing public rights of way;
g.
Proposed pedestrian circulation system;
h.
Existing and proposed utility systems including sanitary sewers, storm sewers, and water, electric, gas, and telephone lines;
i.
General landscaped plan indicating the treatment of materials used for private and common open spaces;
j.
Description of adjacent land areas, including land uses, zoning, densities, circulation systems, public facilities, and unique natural features of the landscape;
k.
Proposed treatment of the perimeter of the development, including materials and techniques used such as screens, fences, and walls.
(3)
A transportation impact and demand analysis conducted by a qualified transportation engineer. The analysis shall include:
a.
Traffic counts on arterial streets that provide access to the development site showing data on average daily traffic (ADT) and a.m. and p.m. peak periods (conducted for 2 hours divided into 15-minute segments);
b.
Intersection turning movement counts at intersections likely to be affected by the proposed development (conducted for 2 hours divided into 15-minute segments);
c.
An inventory of roadway characteristics showing the width of the principal approach streets and the presence or absence of pedestrian, bicycle and other transit infrastructure and accommodations and the condition of any such infrastructure and accommodations;
d.
Estimated trip generation showing the projected inbound and outbound trip demand for the a.m. and p.m. peak periods and a typical 1 hour off-peak trip generation. Estimated trip generation shall be delineated by mode, including single-occupancy vehicle ("SOV"), mass-transit and any other applicable mode of transportation. For purposes hereof, trips utilizing ride share services shall be considered SOV trips;
e.
A comprehensive Transportation Demand Management Plan, which is consistent with the requirements of Section 35.
f.
The estimated distribution of new vehicle trips by approach streets;
g.
The effect of additional traffic generated by the development on impacted intersections and roadways;
h.
Estimated off-street parking and loading requirements and time of peak accumulation.
(4)
Submitted master plans must propose and detail sustainability and climate resiliency measures, including but not limited to the following:
a.
Identification of all master plan scale efforts to mitigate project impacts to the environment;
b.
A storm water management and infrastructure plan demonstrating incorporation of best management practices relative to the control and treatment of storm water within the Master Plan Development;
c.
Use of best available environmentally sustainable building and infrastructure design to the maximum extent reasonably practicable.
(5)
Submitted master plans must include: proposed development phasing for buildings, open space, infrastructure, mitigation projects and other improvements.
(6)
If the Planning Board determines, after evaluating the size, complexity, timing and scope of the proposed development, that required mitigation for the Master Plan Development can reasonably be determined at the time of issuance of a Master Plan Special Permit, it may approve a mitigation phasing plan. Alternatively, the Master Plan Special Permit may contain conditions regarding mitigation generally required for the Master Plan Development as a whole and reserving phase-specific mitigation to be determined during site plan review for each separate phase of the development.
(g)
Streets & Open Space.
(1)
Streets and Open Space provided in any Master Plan shall be shown on submittals for a Master Plan Special Permit.
(2)
Any streets or Open Space created as part of a Master Plan may be dedicated to the public in perpetuity by a covenant or other deed restriction or by transfer to the City in fee or by easement, subject to the City's acceptance of any such interest, without impacting the FAR or other dimensional criteria of the approved Master Plan Special Permit.
(3)
Open Space created through easement or discontinuance of an existing street or other abutting right-of-way within the Development Site may be counted toward any required amount of Open Space required by this section or otherwise by the Zoning Ordinance.
(4)
Roadway design shall be consistent with best practices for urban, multi-modal neighborhoods. Proponents should refer to example guidelines including National Association of City Transportation Officials ("NACTO") design guidance, the City of Boston's Complete Streets Design Guidelines and MassDOT's Bicycle Facilities guide. Arterial roadways shall be designed to accommodate existing transit services and, when practicable, should accommodate any planned or anticipated transit services identified by planning staff during Pre-Submittal Meeting.
(h)
Master Plan Development Standards.
(1)
Sustainable Development: At a minimum, each phase of a Master Plan Development must, to the maximum extent reasonably practicable, be developed in accordance with all best practices with respect to sustainable development standards at the time when each phase undergoes Site Plan Review.
(2)
Parking & Mobility.
a.
Motor vehicle parking may be provided as underground or aboveground structured parking, surface parking (on and off street) or as shared parking (parking for multiple uses during alternating peak times).
b.
Development subject to a Master Plan Special Permit may provide parking pursuant to the provisions of the zoning district in the aggregate across the Development site and locate parking serving any property or use within the Master Plan on any property within the Development Site regardless of location or ownership and such parking may be allocated among the properties within a Development Site at the discretion of the project proponent, subject to the special permit granting authority determining that the aggregation adequately serves the area covered by the Master Plan Special Permit.
c.
Parking facilities shall be designed to be sufficient to adequately serve the Master Plan Development but shall not be designed to encourage use of SOVs. All reasonably practicable measures shall be taken to maximize the non-SOV mode share and to minimize the amount of SOV parking within the Development Site.
(i)
Master Plan Special Permit Process.
(1)
Purpose. A Master Plan Special Permit authorizes a long-term plan for future development and for an applicant to move forward with subsequent Site Plan Review.
(2)
Applicability: Approval of a Master Plan Special Permit authorizes the applicant to submit applications for subsequent Site Plan Review required by this section only and vests the right to develop property in accordance with the Master Plan.
(3)
Authority.
a.
The Planning Board is the permit granting authority for a Master Plan Special Permit.
b.
Waiver. The Planning Board may within its reasonable discretion waive application or other procedural requirements for a Master Plan Special Permit upon a determination that such waivers are insubstantial and are consistent with intent and purposes of the zoning district.
(4)
Procedures.
a.
The following review procedures are required:
1.
Step 1: Pre-Submittal Meeting with Planning Staff.
2.
Step 2: Application Review & Staff Report.
3.
Step 3: Public Notice.
4.
Step 4: Public Hearing.
5.
Step 5: Decision.
6.
Step 6: Appeal Period.
7.
Step 7: Certification of Decision and Recording.
b.
The review procedures required for a Master Plan Special Permit may, at the discretion of the designated review board, be conducted simultaneously with the review procedures required for other discretionary or administrative permits, as indicated elsewhere in this section.
(5)
Review Criteria.
a.
In its discretion to approve or deny a Master Plan Special Permit, the Planning Board shall make findings considering, at least, each of the following:
1.
The intent of the zoning district.
2.
Existing plans and standards established by the city.
3.
The gross floor area allocated to different use categories.
4.
The proposed alignment and connectivity of the streets in the Development Site and their relationship to streets outside the Development Site.
5.
Mitigation proposed to alleviate any adverse impacts on municipal and utility infrastructure.
6.
Proposed development and mitigation phasing.
7.
Proposed parking to address demand by residents and users of the proposed uses.
8.
Aggregation of parking, open space or other requirements, if proposed in the Master Plan, is acceptable.
b.
Waiver: The Planning Board may approve a Master Plan Special Permit that deviates from the standards of this Section upon a finding that such waiver(s) will not adversely affect public safety and will equally or better serve the purposes of the zoning district in which the Development Site is located.
c.
When considering a revision to a previously approved Master Plan Special Permit, the Planning Board shall limit its review to the proposed changes to the previously approved application.
(6)
Conditions.
a.
The Planning Board may attach reasonable conditions and limitations that it deems necessary or appropriate.
b.
Conditions must have a reasonable nexus to potential impacts of the proposed development, and be roughly proportional, both in nature and extent, to the impacts of the proposed development.
c.
The Planning Board shall require applicants to provide for infrastructure mitigation, transportation mitigation, and community impact mitigation as a condition of any Master Plan Special Permit.
d.
The Planning Board and the Building Department shall establish construction permitting requirements for the phasing of development, if applicable, as a condition of any Master Plan Special Permit.
(7)
Permit Duration and Extension.
a.
Master Plan Special Permits remain valid for 3 years from the date the decision is filed with the Office of the City Clerk, excluding any time required awaiting the decision of an appeal, and remain valid so long as progress is being made in accordance with the approved phasing of development. The nature and extent of work necessary to constitute exercise of a Master Plan Special Permit may be specified in the zoning for individual districts or in the Master Plan Special Permit.
b.
The Planning Board may reduce the time period that a Master Plan Special Permit remains valid to a shorter time period as a condition attached to the permit for projects of less than 2 acres or 200,000 square feet of gross floor area.
c.
The Planning Board may extend the duration of validity for a Master Plan Special Permit upon making a finding that a demonstrated hardship has prevented utilization of the rights authorized by the Special Permit.
(8)
Amendment of a Master Plan Special Permit.
a.
Major Amendments. A proposed amendment to a Master Plan Special Permit shall be presented to the Director of Planning and Development, who shall, within 30 days, determine whether the proposed amendment is a major amendment or a minor amendment. If the amendment is determined to be a major amendment, it shall require approval by the Planning Board after a public hearing held in accordance with the provisions of G.L. c. 40A, §§ 9 and 11. The following matters generally will be considered major amendments:
1.
Increases in floor area or ground coverage by 10 percent or more across the Development Site;
2.
Substantial changes to the roadway networks, access or other infrastructure serving the Development Site;
3.
Addition of 1 or more uses not approved in the Master Plan Special Permit; or
4.
Results in a condition that the Director of Planning and Development determines to be substantially more detrimental to the surrounding neighborhood or the city than the existing condition(s) and approved plans.
b.
Minor Amendments. Any other modification shall be considered a minor amendment. Minor amendments shall require the approval of the Director of Planning and Development.
c.
When considering an Amendment to a Master Plan Special Permit, review shall be limited to the proposed revision to the parcel or phase with proposed changes to the previously approved Master Plan but may include aggregation of the impacts of the proposed amended plan as a whole.
(9)
Appeals. The appeal of any decision of the Planning Board regarding a Master Plan Special Permit or amendment thereto shall be made in accordance with the provisions of G.L. c. 40A § 17.
(j)
Site Plan Review Process for Approved Master Plan Special Permits.
(1)
Purpose: Site Plan Review is the administrative review and approval of a development to confirm compliance with the provisions of this section and an approved Master Plan Special Permit so that the development is conforming to the provisions of this section and adequately addresses any potential impacts.
(2)
Applicability:
a.
Site Plan Review is required for any development, including buildings, open space and streets, subject to a Master Plan Special Permit.
b.
The provisions of this Section relating to Site Plan Review supersede the requirements for Site Plan Review found otherwise in this section.
(3)
Authority.
a.
The Planning Board is the decision-making authority for Site Plan Review within an approved Master Plan Special Permit.
b.
Waiver. The Planning Board may within its reasonable discretion waive application or other procedural requirements for Site Plan Review within an approved Master Plan Special Permit upon a determination that such waivers are insubstantial and are consistent with intent and purposes of the zoning district.
(4)
Procedure.
a.
The following review procedures are required:
1.
Step 1: Pre-Submittal Meeting with Planning Staff.
2.
Step 2: Application Review & Staff Report.
3.
Step 3: Public Notice.
4.
Step 4: Public Hearing.
5.
Step 5: Decision.
6.
Step 6: Appeal Period.
7.
Step 7: Certification of Decision and Recording.
b.
The Planning Board shall have 90 days from the time of submittal of a complete Site Plan Review application to render its decision.
(5)
Review Criteria.
a.
The Planning Board's review of an application for Site Plan Review shall be limited to the following criteria:
1.
Compliance with the approved Master Plan Special Permit, including:
a)
The bulk and height of any proposed structure(s) and accessory structure(s), adequacy of open spaces, the building coverage on the site, yard sizes (setbacks) and lot areas;
b)
The physical layout of the structure(s), driveways, parking areas, utilities and other infrastructure;
c)
The design of the exterior building facade and materials and fenestration, including compliance with the Everett Design Regulations promulgated by the Planning Board;
d)
The adequacy of the arrangement of parking, drop-off/pick-up and loading areas in relation to the proposed use of the site; and
e)
The adequacy of the phased mitigation attributable to the project undergoing site plan review based on the mitigation phasing set forth in the Master Plan Special Permit.
2.
Adequate parking shall be provided in compliance with the Master Plan Special Permit either on the proposed lot or otherwise within the Development Site.
3.
The site drainage shall be designed in accordance with applicable provisions of the Zoning and General Ordinances.
4.
The design and adequacy of the sewage disposal system(s) to serve the proposed development shall be in accordance with water and sewer department requirements.
5.
The site plan shall demonstrate conformance with applicable lot area, setback and height regulations pursuant to the Master Plan Special Permit for the zoning district.
b.
The Planning Board shall approve an application for site plan approval in the form submitted or with reasonable conditions which shall pertain to this Section unless the Planning Board finds that the application is incomplete or otherwise not in conformance with the applicable provisions of the Zoning Ordinance.
c.
Waiver: The board may, after review of the completed application and at its discretion, waive certain criteria if it deems it appropriate.
d.
When considering a revision to a previously approved Master Plan Special Permit, the Planning Board shall limit its review to the proposed changes to the previously approved application and any material changes in circumstances relating to the infrastructure serving the development area subsequent to issuance of the Master Plan Special Permit.
(6)
Conditions.
a.
The review board may attach reasonable conditions and limitations that it deems necessary or appropriate in order to ensure compliance with the Board's findings and the standards for granting of a Site Plan.
b.
Conditions must have a reasonable nexus to potential impacts of the proposed development, and be roughly proportional, both in nature and extent, to the impacts of the proposed development.
(7)
Permit Duration and Extension.
a.
Approval of a Site Plan will remain valid for 3 years from the date the decision is filed with the Office of the City Clerk, excluding any time required awaiting the decision of an appeal, and remain valid so long as progress is being made in accordance with the approved phasing of development.
b.
The Planning Board may extend the duration of validity for a Site Plan upon making a finding that a demonstrated hardship has prevented utilization of the rights authorized by the Site Plan.
(8)
Amendment of a Site Plan Approval.
a.
Proposed revisions to an approved site plan shall be submitted to the Director of Planning and Development.
b.
Minor Amendments. Revisions deemed minor by the Director of Planning and Development (or designee) may be approved without a public hearing. Revisions shall be considered de minimis upon the Director of Planning and Development findings that:
1.
The proposed changes would not contravene the legal notice, any finding, or condition of the Planning Board in the original approval;
2.
The proposed changes would not detrimentally impact matters of substance identified in meeting minutes of original hearings;
3.
The proposed changes would not alter the character of the development; and
4.
The proposed changes would be so insignificant as not to be noticeable to persons generally familiar with the original approval.
c.
Major Amendments. Revisions that are not minor shall be subject to the full notice and hearing provisions and shall be submitted to other city boards, department and agencies for review and comment.
d.
When considering an amendment to an approved Site Plan Approval, review shall be limited to the proposed revision to the previously approved Site Plan Approval and any material changes in circumstances relating to the infrastructure serving the parcel or phase with proposed changes subsequent to issuance of the Master Plan Special Permit.
(9)
Appeals: The appeal of any decision of the Planning Board regarding a Site Plan Approval or amendment thereto shall be made in accordance with the provisions of G.L. c. 40A § 17.