94-9.1.1 General Provisions. Any land contained within the Mixed Use Zoning (MUZ) District shall be subject to all of the provisions of this section, and to all of the other provisions of this chapter, except where the provisions of this section conflict with other provisions of this chapter, in which event the provisions of this section shall govern. Without limiting the foregoing, the provisions of section 94-6.2 (signs) shall apply in the MUZ District.

94-9.1.2 Height Limitations. Any building or structure in a MUZ District shall not exceed 100 feet or seven stories in height (exclusive of mechanical and elevator penthouses), except that: A building principally devoted to hotel or multiple dwelling residential use adjacent to a public open space may have a height which does not exceed the lesser of 130 feet or 12 stories. A building shall be considered to be adjacent to a public open space if it is on a lot which abuts land held for or devoted to recreational use open to the public, such as a park, marina or forest, and there exists no principal structure between such building and such land so held or devoted.

94-9.1.3 Landscaped Open Space; Lot Coverage.

1.

Any lot in a MUZ District, other than a lot having a principal structure devoted primarily to parking uses, shall have landscaped open space equal to at least ten percent of the lot area. Any lot having a principal structure devoted primarily to parking uses shall contain landscaped open space equal to at least ten percent of the lot area. Notwithstanding any contrary provision of this chapter, in the MUZ District, landscaped open space shall include, in addition to planted areas, such items as streetscape elements (lights, planters, benches, etc.), outdoor areas devoted to dining, cafe or similar uses, and decorative surface treatments for sidewalks and other hard surfaces (such as pavers, cobblestones or concrete surface treatments designed to resemble pavers or cobblestones).

2.

Any lot in a MUZ District, other than a lot having a principal structure devoted primarily to parking uses, shall have lot coverage which does not exceed 45 percent, except that the city council may, by special permit granted pursuant to section 94-11.6, increase by ten percent (i.e., to 49.5 percent) the maximum lot coverage. Any lot in a MUZ District having a principal structure devoted primarily to parking uses may have lot coverage not in excess of 85 percent, except that the city council may, by special permit granted pursuant to section 94-11.6, increase by ten percent (i.e., to 93.5 percent) the maximum lot coverage. Lot coverage shall exclude below grade parking.

94-9.1.4 Floor Area Ratio.

1.

Floor area ratio (FAR) shall mean the ratio of gross floor area of a structure or structures on a lot to the area of the lot. For the purposes of calculating floor area ratio, gross floor area (GFA) shall have the meaning set forth in section 94-12.0; provided however, that no parking garage or underground parking area, whether or not required to meet the minimum parking requirements of this chapter, shall constitute GFA.

2.

In a MUZ District, any lot shall not have an FAR in excess of the "FAR base" (as hereinafter defined), except as set forth in subsection 3, below. There shall be no FAR for residential uses in the MUZ District.

3.

Notwithstanding the foregoing, in a MUZ District, the FAR on a lot may exceed the FAR base if there is a corresponding decrease in GFA and FAR on another lot within the same MUZ District, as hereinafter specified, provided, however, that the FAR on a lot shall not exceed the "FAR Maximum" (as hereinafter defined). The FAR base shall be 2.25, except that the city council may, by special permit granted pursuant to section 94-11.6, increase by ten percent (i.e., to 2.475) the FAR base, and, the FAR maximum shall be 2.475, except that the city council may, by special permit granted pursuant to section 94-9.1.8, increase by ten percent (i.e., to 2.7225) the FAR maximum. FAR shall be increased on a lot or lots (a lot on which such an increase occurs being referred to as a "benefited lot") and correspondingly decreased on another lot or lots (a lot on which such a decrease occurs being referred to as a "burdened lot") as follows:

a.

The FAR on a benefited lot shall be increased as follows: the then permitted FAR on the benefited lot (i.e., 2.25, as the same may have been previously increased or decreased by operation of this section 94-9.1.4) shall be multiplied by the lot area of the benefited lot; to that product there shall be added the number of square feet of GFA transferred from the burdened lot or lots, and the resulting sum shall be divided by the lot area of the benefited lot to yield the then-permitted FAR for the benefited lot.

b.

The FAR on a burdened lot shall be reduced as follows: the then-permitted FAR on the burdened lot (i.e., 2.25, as the same may have been previously increased or decreased by operation of this section 94-9.1.4) shall be multiplied by the lot area of the burdened lot; from that product there shall be subtracted the number of square feet of GFA transferred to the benefited lot or lots, and the resulting sum shall be divided by the lot area of the burdened lot to yield the then-permitted FAR for the burdened lot.

By way of example, if, in a MUZ District, Lot A contained a lot area of 80,000 square feet and Lot B contained a lot area of 100,000 square feet, and neither the FAR base nor the FAR maximum has been increased by special permit, without any transfer of GFA or FAR under this section, the maximum GFA on Lot A would be 180,000 s.f. (80,000 × 2.25) and the maximum GFA on Lot B would be 225,000 s.f. (100,000 × 2.25). The FAR on Lot A could be increased and the FAR on Lot A could be decreased by the transfer from Lot B to Lot A of 10,000 s.f. of GFA. In that event, the FAR of Lot A would be increased to 2.375 and the FAR of Lot B would be decreased to 2.15, determined as set forth in (1) and (2) above, as follows:

Lot A: 2.25 (then-permitted FAR) times 80,000 (lot area of Lot A) = 180,000 plus 10,000 (GFA transferred) = 190,000, divided by 80,000 (lot area of Lot A) = 2.375.

Lot B: 2.25 (then-permitted FAR) times 100,000 (lot area of Lot B) = 225,000 minus 10,000 (GFA transferred) = 215,000, divided by 100,000 (Lot area of Lot B) = 2.15.

Under the foregoing example, because the resulting FAR on Lot A would not exceed 110 percent of the 2.25 FAR (i.e., 2,475), such a transfer is allowed.

4.

No building permit shall be issued for a building which would result in an FAR in excess of the FAR base on a benefited lot unless (i) the record owner of the burdened lot or lots has executed and recorded at the Middlesex South Registry of Deeds or the Middlesex South Registry district of the land court, as the case may be, an agreement, running with his land and binding on his successors and assigns, agreeing to a decrease in his GFA and FAR pursuant to the terms of the immediately preceding paragraphs and (ii) the building commissioner has been supplied with copies of such evidence deemed reasonably necessary to satisfy himself that the person executing such agreement is the true record owner of the burdened lot, and that such agreement has been duly recorded or registered.

94-9.1.5 Setbacks. In a MUZ District there are no side or rear yard setback requirements, so that a building may abut a side or rear lot line or a single building may be located on more than one lot and in so doing may be located over a side or rear lot line; provided that:

1.

The front yard setback of 15 feet for property within a MUZ District shall apply only to front yards abutting a municipally owned street, laid out and accepted as a city street pursuant to M.G.L.A. c. 82 as of the date on which such property is placed in a MUZ District; for any other street not so laid out and accepted, there shall be no front yard setback requirement, except as set out in subsection 2, below.

2.

No principal building or structure shall be located within 40 feet of the street sideline, existing on the date that property is placed in a MUZ District, of any of the numbered state highways, or county streets laid out and accepted as a street pursuant to M.G.L.A. c. 82 as of the date on which such property is placed in a MUZ District, in or adjacent to the city; in such locations the 40-foot setback shall be maintained as a front yard and loading spaces shall not be permitted within said 40-foot area. In addition, that portion of any building or structure which is above the lesser of five stories or 75 feet in height shall not be located within 50 feet of the street sideline, existing on the date that property is placed in a MUZ District, of any of the numbered state highways or said county ways in or adjacent to the city.

3.

All freestanding multi-story principal buildings or structures in the same MUZ District shall be located at least 40 feet from each other (unless attached to each other), without regard to the location of lot lines.

4.

No principal building or structure shall be located within five feet of property located in a zone other than a MUZ District.

94-9.1.6 Parking and Loading Requirements. Certain of the parking and loading requirements of section 94-6.1 shall be inapplicable to development in a MUZ District and in lieu thereof the parking and loading requirements set forth in this section shall govern as follows (except that section 94-6.1.3 sets forth the parking requirements for multiple dwelling residential in the MUZ District):

1.

In a MUZ District, the parking requirements calculated pursuant to section 94-3.2 shall be reduced by five percent for any use, the parking requirements of which may be satisfied in whole or in part by spaces in a structure. Further, whenever a use requires one space per 350 square feet of gross floor area and that use is reasonably accessible, by foot or shuttle, to public transportation, the city council may, by special permit granted pursuant to section 94-6.1.10, require only one space per 400 square feet of gross floor area. Further, for a structure in a MUZ District which is devoted principally to hotel uses and contains dwelling units and other uses which are accessory to hotel uses (such as restaurants, conference centers, function rooms, health clubs, or retail uses), the parking spaces required shall be one space per guest sleeping room plus 50 percent of the number of parking spaces required for accessory uses within a hotel under the provisions of this section and the other provisions of this chapter.

2.

Any parking space located on the same lot as the structure or use to which is assigned, whether or not in the same ownership, but located in the same MUZ District, in order to be credited to such structure or use in meeting the requirement of this section, must be legally available, as evidenced by bond, long term lease, easement or other assurance of permanence, the closest point of which garage or area is within 500 feet of the closest point of such structure, measured within public ways or private driveways, regardless of whether the space itself is within such distance.

3.

The minimum parking space will include a rectangular area (i) in the case of parking spaces required for all hotel, retail and restaurant uses ("high turnover uses"), not less than eight and one-half feet in width and 15 feet in length for all angle parking and nine feet in width and 22 feet in length for parallel parking, and (ii) in the case of parking spaces required for all other uses ("regular uses"), not less than eight feet in width and 18 feet in length for all angle parking and nine feet in width and 22 feet in length for parallel parking, and seven feet of clear height in all events.

4.

The minimum width of aisles providing access to more than two spaces, and designed for two-way traffic shall be (i) in the cases of that portion of an aisle abutting spaces designed for high turnover uses, as set forth in paragraph (3) above, at least 24 feet, and in the case of any other aisles or portion thereof, at least 22.5 feet.

5.

There shall be no maximum width of drives.

6.

There shall be no minimum distances between two or more entrances and exit drives, and no minimum distances between entrance and exit drives and side lot lines.

7.

There shall be no minimum distance between any parking or loading area and a lot line.

8.

Loading spaces shall be provided for uses in a MUZ District at the following rates:

a.

For any use item for which section 94-3.2 specifies one loading space per 50,000 square feet of gross floor area (a "type A use"), there shall be provided one loading space per 100,000 square feet of gross floor area;

b.

For any use item for which section 94-3.2 specifies one loading space per 15,000 square feet of gross floor area (a "type B use"), there shall be provided one loading space per 50,000 square feet of gross floor area; provided further that, as part of site plan review under this section, there may be restrictions imposed upon the hours of operation of certain on-site parking spaces so that such areas may be used at certain times as loading spaces to meet the requirements of this subsection b;

c.

For any use item for which section 94-3.2 specifies no loading space requirement, no loading space shall be required (there shall be no loading space requirement for residential uses in the MUZ District); and

d.

In any building containing both a type A use or uses and a type B use or uses, the total number of loading spaces required shall be determined by adding A and B, and rounding to the nearest whole number, where A is the product of the number of square feet of a type A use or uses divided by 100,000, and B is the product of the number of square feet of a type B use or uses divided by 30,000. For example, in a building containing 140,000 square feet of type A uses and 40,000 square feet of type B uses, the total number of loading bays required for the building would be three, determined as follows:

A = 140,000 / 100,000 = 1.40

B = 40,000 / 30,000 = 1.33 / 2.73

A + B = 2.73 - rounded to nearest whole number = 3.

Numbers ending in .50 shall be rounded up.

9.

Loading spaces may be provided in a front yard or court, subject, however, to the provisions of section 94-9.1.5.

10.

There shall be no maximum width of entrance and exit drives which provide access to loading spaces.

11.

Any parking structure shall be either underground or, if at grade or above grade, shall be either (i) located in a building the principal use of which is a parking garage, or (ii) if located in a building the principal use of which is not a parking garage, fully enclosed in a manner approved pursuant to site plan review.

94-9.1.7 Uses. The Table of Uses set forth in section 94-3.2 governs the use of land in a MUZ District. In addition to the requirements of that section the following additional requirements shall apply:

1.

Use item D.2 (private entertainment and recreational facilities) are limited to health clubs.

2.

Use item B.10 (hospital). In no event shall any hospital, whether or not operated as a gainful business, be permitted in a MUZ District.

3.

Use item H.4 (outdoor automobile sales and storage). In no event shall outdoor storage of automobiles, whether or not associated with automobile sales, be permitted in a MUZ District.

4.

Use item J.5 (manufacturing, including assembly, fabrication and processing and reprocessing of materials) is permitted in a MUZ District only to the extent (i) that such use is light industrial in nature (such as the manufacture, fabrication, processing, assembling and testing of products), (ii) is accessory to a principal use, and (iii) does not exceed 25 percent of the gross floor area of the structure; any manufacturing which is not accessory to a main use or exceeds 25 percent of the gross floor area of a structure shall be permitted only upon the grant of a special permit by the city council pursuant to section 94-11.6, provided that in any event only manufacturing which is light industrial in nature shall be permitted.

5.

Use item B.5 (child care, principal or accessory) is permitted in a MUZ District only to the extent that there is provided, on the same lot or on another lot in the same MUZ District or in a ROS District, an outdoor play area conforming to size requirements under 102 CMR 7.00 (Commonwealth of Massachusetts Standards for the Licensure or Approval of Group Day Care Centers). To the extent that an outdoor play area which services a day care use in a MUZ District is located in a ROS District, such use of a ROS District for an outdoor play area is permitted, notwithstanding anything to the contrary in the Table of Uses.

6.

Notwithstanding anything to the contrary contained in the Table of Uses, any private way included in a MUZ District may be used for ingress, egress and access to industrial uses in adjacent districts.

94-9.1.8 Special Permit. Whenever the grant of a special permit is authorized pursuant to this section, the following procedures and standards shall govern:

1.

In each instance in which the grant of a special permit is authorized pursuant to this section, the city council shall decide such questions as are involved in determining whether special permits should be granted, hear applications for special permits, and grant a special permit when all necessary conditions are met or deny that special permit when all necessary conditions are not met, or when the matter which requires a special permit is, in their judgment, not in harmony with the general purpose and intent of this section.

2.

The city council, upon receipt of an application for a special permit, shall forward such application to the community development board. The community development board shall, within 45 days, review said application and make recommendations as it deems appropriate and send copies thereof to the city council and to the applicant. Failure of the board to make recommendations within 45 days of receipt by said board of the petition shall be deemed lack of opposition thereto.

3.

In granting a special permit, additional specific conditions, safeguards and limitations on time or use as are deemed necessary to insure compliance with the intent of this section or to protect the neighborhood may be attached.

4.

A special permit granted under this section shall lapse within two years, and including such time required to pursue or await the determination of an appeal referred to in M.G.L.A. c. 40A, § 17, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause.

94-9.1.9 Special Permit Criteria. In addition to the criteria in section 94-11.6.2, applications for special permits shall not be approved unless the following standards are met and the city council so finds:

1.

That the use of the structures is permitted as of right or by special permit.

2.

That the use and structures are so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected.

3.

That the use and structures will not cause substantial injury to the value of other property in the neighborhood where it is to be located.

4.

That the use and structures will be compatible with the size, scale, and design of other structures in the adjoining development and the proposed neighborhood of the district where it is to be located.

5.

That adequate landscaping and screening is provided as required herein so as to minimize the impact of the proposed use or structure and any incidental effects thereof.

6.

That adequate off-street parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets.

7.

That the use conforms with all applicable regulations governing the district where located.

94-9.1.10 Site Plan Review in MUZ District. In a MUZ District, no structure shall be constructed, reconstructed or used, and no improvements to any lot shall be made, unless such development is in conformity with a site plan which has been reviewed by the community development board (CDB) in accordance with the provisions of section 94-11.7. No building permit shall be issued under this section until a final site plan has been approved or deemed to have been approved by the community development board. Site plans shall be prepared by a registered architect, landscape architect, surveyor or professional engineer. Any person desiring review of a site plan under this section, whether for a zoning change or for a specific project, shall submit eight copies of said plan to the community development board. The community development board shall hold a public meeting in compliance with M.G.L.A. c. 40A, §§ 9 and 11, within 45 days of such filing, and shall file a written determination on said plan with the city clerk within 90 days after such filing, unless such deadline is extended upon the request of the applicant. The vote of a majority of the members of the community development board, as constituted, shall be required for a decision. The failure of the community development board to file a decision with the city clerk within the time period specified herein shall be deemed to constitute a determination that the site plan submitted to the community development board conforms with the criteria set forth in this section.

94-9.1.11 Contents of Site Plan. A site plan shall consist of a map or maps prepared to a scale of not less than one inch to 40 feet and shall set forth:

1.

The boundaries of the parcel or parcels for which the applicant is seeking site plan review. Lot numbers, dimensions of lots in feet, sizes of lots in square feet, and the width of abutting street and ways shall be shown. The plans shall include a scale (which may not be greater than one inch equals 40 feet), north arrow, legend, name of record owners of parcel or parcels for which approval is sought and names of owners of all abutting land as appearing on the current tax assessor's list.

2.

The location of existing wetlands, water bodies, wells and 100-year flood plan elevations within the area subject to review.

3.

The location of existing and proposed structures, as well as the distance between those structures and the lot lines and the distance between buildings on the same lot. Also, the percent of existing and proposed building lot coverage, the average finished grade of each proposed building at the base of each such building, the elevation above average finished grade of the ground floor and ceiling of the lowest floor of each proposed building, and the height of all proposed buildings above finished grade of abutting streets.

4.

All principal landscape features, such as fences, walks, walls, exterior lighting and planting areas.

5.

All easements within and abutting the parcel or parcels for which approval is being sought.

6.

The location and number of all parking and loading spaces.

7.

The location of all driveway openings and driveways, as well as the proposed traffic circulation patterns within the parcel or parcels for which approval is being sought.

8.

Provision for and the location of all facilities for sewage, drainage, electric and water service.

9.

Topography indicating existing and proposed contours at intervals of not more than two feet.

10.

Location and intensity of outdoor lighting system.

11.

Location, type and size of signs.

94-9.1.12 Other Submittals. The applicant shall submit a written statement, which shall consist of:

1.

A description of the proposed uses to be located on the site.

2.

A computation of total land area of the site, and the total floor area and ground coverage of each proposed building and structure.

3.

General summary of existing and proposed easements or other burdens now existing or to be placed on the property.

4.

The applicant's general evaluation of the availability and adequacy of public facilities including sewer, water and streets, including reasonable estimates of project requirements therefor.

5.

A description of any problems of drainage or topography, or a representation that, in the opinion of the applicant, there are none.

6.

An estimate of the time period required for completion of the development.

7.

The applicant shall pay a fee as set forth in the fee schedule in Appendix A to this chapter. The fee shall be paid by certified check to the City of Medford upon submission of the plan to the community development board. In the event that a site plan is modified subsequent to the initial determination, no additional fee shall be required, unless, and to the extent that, such modification increases the gross floor area within the area included within such site plan by five percent or more.

94-9.1.13 Decision Criteria. In acting under this section, the community development board shall review a site plan to ensure that the public health, safety, and welfare are best served in light of the following criteria:

1.

The provisions for vehicular loading and unloading, parking and for vehicular circulation on the site and onto adjacent public streets and ways will promote safety and safe traffic control and flow.

2.

The bulk, location, density, setback, and height of proposed buildings and structures and paved areas and the proposed uses thereof are in conformity with the requirements of this chapter and will not be detrimental to development in the neighborhood.

3.

The provision for on-site landscaping will provide a visual buffer to neighboring properties.

4.

Provisions for pedestrian ways will provide safe and convenient access and egress (i) within the area of site plan review and (ii) to the boundary of such area in light of existing or proposed pedestrian ways beyond such boundary.

5.

The site plan will provide for adequate and proper drainage, sewage disposal, and water supply.

6.

The provisions for exterior lighting will promote safety to motorists traveling on adjacent public streets.

7.

The proposed development will provide adequate access to the site, or to the buildings on the site, for emergency vehicles.

8.

Parking structures shall comply with section 94-6.0.

94-9.1.14 Lapse. Unless construction of a development which has been approved by the community development board shall have commenced within 18 months from the date of approval of the site plan, the site plan approval shall be deemed to have lapsed, the building permit shall thereupon be revoked, and the building commissioner shall forthwith take the necessary steps to enforce this subsection.

94-9.1.15 Modifications to Approved Site Plans. If an owner wishes to modify an approved site plan, a revised site plan may be submitted to community development board for review and approval, and the same standards and procedures applicable to, the review of the original site plan shall apply to such revised site plan.

94-9.1.16 Appeal. Any person aggrieved by any action of the community development board under this section 94-9.1, shall be entitled to an appeal therefrom pursuant to M.G.L.A. c. 40A, § 17, to a court of competent jurisdiction.

94-9.2.1 Purpose and Intent. The Planned Development District (PDD) is intended to:

1.

Permit an entity to propose, and for city council vote, a development proposal that specifies a mixture of commercial, industrial, residential, open space or other uses and the site development requirements to be used for a specific site.

2.

Permit some flexibility in the development of individual tracts of land by required and predetermined standards.

3.

Permit the use of development standards tailored to a specific site and more detailed than those for the standard zoning districts.

4.

Permit the city to evaluate the potential impacts of a proposed development and to authorize the council, as the special permit granting authority (SPGA), to require that the development of the site substantially conforms to site development standards approved as part of the rezoning to PDD and intended to mitigate or compensate for the potential impacts.

94-9.2.2 Types. There are two types of Planned Development Districts:

1.

Planned Commercial Development District (PCD). Primarily commercial, industrial and other nonresidential uses alone or in combination.

2.

Planned Residential Development District (PRD). Primarily residential uses alone or in combination with nonresidential uses.

94-9.2.3 Procedures. A Planned Development District requires an amendment to this chapter. The PDD does not have any minimum lot size and there is no minimum lot area required to seek a rezoning to the PDD. Applicants for a PDD shall observe the following procedures in order to promote review of the proposed amendment and to facilitate public-private cooperation in the establishment of the PDD.

1.

Pre-application review. Applicants are strongly encouraged to schedule a pre-application review with the community development department. Pre-application review should precede the preparation of detailed plans or specifications. For the pre-application review, an applicant will submit a project description that describes the uses to be proposed and the benefits to the city from those uses.

2.

Ordinance submission. The applicant shall submit a proposed amendment to this chapter for the PDD rezoning in consultation with the community development board. The proposed amendment shall contain the requirements set forth in section 94-9.2.5. The community development board shall hold a public hearing, prepare the text of the proposed amendment, and locate the new district on the zoning map. The finalized amendment shall be presented to the city council for approval of the proposed PDD.

3.

Statutory requirements. The zoning amendment shall thereafter be processed in accordance with M.G.L.A. c. 40A, § 5 and section 94-1.5 of this chapter.

4.

Small planned developments. An application for a proposed amendment that would result in less than 15,000 square feet of building(s) may be processed as a "small PDD." A waiver from some of the submittal requirements for an application for a small PDD may negotiated with the director of the office of community development prior to submittal.

94-9.2.4 Lapse. The development and uses approved in a rezoning to PDD must be commenced by obtaining a PD special permit as required in section 94-8.6.6 within two years. Until such time as the required PD special permit is granted and recorded by the property owner, or if a PD special permit is not obtained within two years, the development of the property shall be governed by the provisions presently in effect in the zoning district for which the land was zoned immediately prior to its inclusion in the PDD.

94-9.2.5 Submission Requirements for a PD Rezoning Ordinance. The application for a PDD rezoning shall include a preliminary plan and the required submission fee.

1.

Submission fee. The SPGA shall specify submission fees for a PDD rezoning in its rules and regulations. The required fee shall be submitted with the rezoning request and preliminary plan.

2.

A preliminary plan which shall include the following at a level of detail sufficient to enable a peer review, if required by the SPGA:

a.

A narrative that describes:

(1)

Social, economic, or community needs which are served by the proposed development proposal;

(2)

Traffic flow and safety, including parking and loading;

(3)

Adequacy of utilities and other public services;

(4)

Size, scale, and design of structures in the neighborhood;

(5)

Impacts on the natural environment;

(6)

Potential fiscal impact, including impact on city services, tax base, and employment; and

(7)

The proposal's compatibility with the purposes of the city's Comprehensive Plan.

b.

A preliminary site construction plan showing the proposed:

(1)

Location of buildings, number of stories, approximate floor area and maximum height of each building, the distance (in feet) between buildings;

(2)

Contours in addition to the existing contours;

(3)

Lot lines;

(4)

Grading and landscaping;

(5)

Location and dimensions of drives and parking areas;

(6)

Location and characteristics of any common open space or usable open space;

(7)

Drainage system;

(8)

Building elevations.

c.

Uses to be allowed by special permit. A zoning table of uses shall be listed with a description of the type and character of uses requested. This may include a cross reference of uses to be permitted as they appear in section 94-3.0.

d.

A table showing:

(1)

Total land area;

(2)

Developable site area;

(3)

Common or usable open space, if any;

(4)

Site coverage of buildings;

(5)

Impervious surface area;

(6)

Impervious surface ratio;

(7)

Gross floor area of all nonresidential buildings;

(8)

Floor area ratio if applicable;

(9)

Density of dwelling units, or their equivalent, if applicable;

(10)

Number of off-street parking spaces and, if applicable, loading bays.

e.

A locus-context map of all land within 500 feet of any part of the tract and showing:

(1)

All dwellings and principal buildings;

(2)

The land use of each lot;

(3)

Lot and right-of-way lines;

(4)

Existing contours at two-foot intervals.

f.

Principal natural features in general such as:

(1)

Significant rock outcroppings;

(2)

Water systems (including standing surface water, brooks or streams, the direction of drainage, wetlands, and the 100-year flood elevation);

(3)

Significant vegetation (including mature trees, unique specimens of vegetation, and vegetation that indicates wetness);

(4)

Zoning district boundaries;

(5)

Recorded easements on the site and within the 500-foot locus;

(6)

Public facilities, such as conservation or recreation land, footpaths, bicycle paths, or streets;

(7)

Significant noise/visual impact (including views from the site and sources of noise affecting the site);

(8)

Historically or architecturally significant structures and sites on or adjacent to the site.

g.

A property rights and dimensional standards plan showing:

(1)

The location of existing easements or other property rights affecting the development;

(2)

The approximate locations of any sections of the land to which the city may be granted property rights, other easements or transfer of ownership for street, utility, conservation or other purposes;

(3)

The anticipated division of the property into parcels in private ownership, if any, if it affects zoning provisions;

(4)

The yard setback, in feet, for buildings and parking lots from lot lines and, where applicable, a zoning district boundary, a brook or a pond. The plan shall specifically show appropriate setbacks to adjacent Residential Districts, Business Districts, Industrial Districts, and PD Districts, considering the development potential of any vacant land in such districts using the setback requirements set forth in section 94-4.0;

(5)

The boundaries of any common open space or usable open space.

h.

A utilities analysis showing:

(1)

The location and size of the city's existing water mains, fire hydrants, sanitary sewers, and storm drains;

(2)

The proposed locations and the approximate size of utilities to be constructed on the site and their proposed connections to the city's utilities, and any special features, such as culverts or pumping stations, that might affect the ability of the city to service the development.

i.

A traffic analysis to be conducted by a traffic engineer who is a member of the Institute of Transportation Engineers (ITE). The analysis shall include:

(1)

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 two hours divided into 15-minute segments);

(2)

Intersection turning movement counts at intersections likely to be affected by the proposed development (conducted for two hours divided into 15-minute segments);

(3)

An inventory of roadway characteristics showing the width of the principal approach streets and the presence or absence of sidewalks and their conditions;

(4)

Estimated trip generation showing the projected inbound and outbound vehicular trips for the a.m. and p.m. peak periods and a typical one hour off-peak trip generation;

(5)

The estimated distribution of new trips by approach streets;

(6)

The effect of additional traffic generated by the development on traffic "levels of service" on each approach street;

(7)

Estimated off-street parking and loading requirements and time of peak accumulation.

j.

In addition to the submission requirements outlined in this section, the SPGA may impose additional submission requirements through the adoption of rules and regulations for a PDD rezoning.

94-9.2.6 Administrative Requirements. All documents must be submitted in accordance with the rules and regulations of the SPGA.

94-9.2.7 Criteria for Approval. The SPGA may approve the PD special permit if the SPGA finds that all the following conditions are met:

1.

The site development and use plan is substantially in conformance with the PD rezoning ordinance approved by the council. The SPGA may permit insubstantial changes in view of the more detailed survey and engineering design provided that they do not conflict with the intent of the PD rezoning ordinance.

2.

The PD rezoning ordinance approved by city council and the site development and use plan are incorporated into the PD special permit by reference.

3.

Methods satisfactory to the SPGA of ensuring the performance of any special conditions included in the PD rezoning ordinance have been submitted by the developer.

4.

Any land designated as common open space on the PD rezoning ordinance shall, at the SPGA's discretion, be either conveyed to the city or protected by an easement granted to the city.

5.

The SPGA reserves the right to require that up to 20 percent of all new housing units be made affordable to persons of low and moderate income, according to the standards of the state and/or city, as determined by the SPG.

6.

The project meets the evaluation criteria specified in this section and the SPGA's rules and regulations.

7.

The SPGA in granting a PD special permit may impose such additional conditions as the SPGA finds will serve the public interest and are consistent with the intent of the PD rezoning ordinance.

8.

The SPGA may deny an application for PD special permit and base its denial on the finding that the development proposed in the site development and use plan did not meet one or more of these criteria for approval.

9.

In the event the SPGA determines that the site development and use plan is not in substantial conformance with the PD rezoning ordinance, the application for a PD special permit shall be denied. The applicant shall be required to submit a new PD rezoning ordinance and zoning amendment to the city council in order to proceed.

94-9.2.8 Changes in a Site Development and Use Plan. Changes in uses or substantial changes in the site development from that shown on the site development and use plan, referenced in the PD special permit, are not permitted without the approval by the SPGA. A new PD rezoning ordinance must be submitted in accordance with the procedures outlined herein.

94-9.2A.1 Purpose and Intent. The Winchester Street Planned Development District ("PDD-1" or "district") is adopted in furtherance of the stated purpose and intent set forth section 94-9.2.1 of this chapter. More specifically, the PDD-1 is intended to promote beneficial and appropriate redevelopment of the land within the District by allowing flexible design and permitting.

94-9.2A.2 Overlay District. The PDD-1 is hereby established as an overlay district superimposed over, rather than replacing, the underlying zoning designations of the land known and numbered as 96-104 Winchester Street, as depicted on a plan entitled, "Winchester Street Planned Development District," prepared by Boston Survey, Inc., and dated July 28, 2023. The owner(s) of land within the district may choose to develop such land in conformance with either, but not both, all of the controls and processes which govern the underlying zoning or all of the controls and processes contained in this section 94-9.2A. The provisions and requirements of the otherwise applicable underlying zoning districts, and any rules, regulations, approval processes and/or design or performance standards contained elsewhere in this Zoning Ordinance, shall apply to any project reviewed and approved as a PDD-1 Project, except to the extent such provisions, requirements, rules, regulations, approval processes and/or design or performance standards conflict with the express provisions of this section 94-9.2A (e.g., use and dimensional requirements), provided that the special permit granting authority, as hereinafter defined, shall be the site plan review authority and shall have the authority to waive such other requirements if it determines, in its sole discretion, that such waiver(s) will improve the PDD-1 Project and will be in the public interest.

94-9.2A.3 Definitions. Except as otherwise set forth in this section 94-9.2A, the definitions set forth in section 94-12.0 shall apply to PDD-1 projects.

As used herein, the following terms shall be defined as follows:

PDD-1 project: A project that is depicted on the preliminary plan.

Preliminary plan: The preliminary plan submitted pursuant to section 94-9.2.5.2.

Proponent: The applicant or developer of a proposed PDD-1 project or any phase or portion thereof.

94-9.2A.4 PDD-1 Special Permit. In accordance with section 94-9.2, any PDD-1 project shall require issuance of a special permit from the city council as the special permit granting authority ("SPGA"). The PDD-1 special permit application shall include a site development and use plan, in accordance with section 94-9.2.7. The SPGA shall review site development and use plan for consistency with the preliminary plan but may approve deviations from the preliminary plan if it determines that such deviations will improve the PDD-1 project. Issuance of a PDD-1 special permit shall be considered a master permit for development of the PDD-1 project.

Each specific use within the PDD-1 project shall separately be subject to the use regulations set forth in section 94-9.2A.5 and may require additional special permit relief where indicated therein. For any use within a PDD-1 project that requires a special permit from city council, the proponent may choose to request approval of such use in its application for the PDD-1 special permit.

94-9.2A.5 Table of Use Regulations. Individual uses within a PDD-1 project shall be governed by the following Table of Use Regulations. Uses not specifically listed shall be deemed prohibited, except uses protected under M.G.L.A. c. 40A, § 3 or other state or federal law. Uses permitted by right in the district are designated by the letter (Y). Uses that may be permitted by special permit in the district shall be designated by identification of the special permit granting authority, which is either:

94-9.2A.6. Dimensional Standards and Requirements. PDD-1 projects shall be governed by the dimensional regulations and standards set forth below.

(Ord. No. 886, 8-15-2023)