Revere City Zoning Code
CHAPTER 17
22 ADDITIONAL DEVELOPMENT IN THE PLANNED DEVELOPMENT DISTRICT PDD1, PLANNED DEVELOPMENT DISTRICT PDD2, LI DISTRICT, IP DISTRICT, HB DISTRICT AND TED DISTRICT
§ 17.22.010 Authority to grant special permits.
The city council may grant a special permit for additional development in the planned development district 1 (PDD1) planned development district 2 (PDD2), LI district, IP district, HB district and TED district in accordance with the requirements of this title and Chapter 40A, Section 9, Massachusetts General Laws, and regulations which the council shall adopt to carry out its requirements under this title.
(C.O. 90-237 § 18 (part); C.O. 01-76 § 14)
§ 17.22.020 Project review board.
The project review board shall consist of the superintendent of public works, building inspector, health agent, city engineer, city planner, fire chief, conservation commissioner and traffic commissioner.
(C.O. 90-237 § 18 (part))
§ 17.22.030 Purpose.
The purpose of allowing a special permit for additional development is to provide for a carefully planned mix of uses that is consistent with the goals and objectives for the future use of planned development district 1 (PDD1) planned development district 2 (PDD2), LI district, IP district, HB district and TED district area in a manner beneficial to the city and surrounding neighborhoods, and to provide the city with the means to ameliorate the impacts of development in this and other areas of the city.
(C.O. 90-237 § 18 (part); C.O. 01-76 § 15)
§ 17.22.040 Preapplication conference.
Prior to the submission of an application for a special permit, the applicant must confer with the project review board to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys and other data.
(C.O. 90-237 § 18 (part))
§ 17.22.050 Preliminary plan-Submittal.
The applicant shall file a preliminary plan accompanied by the form entitled "Submission of Preliminary Plan" to the project review board at regularly scheduled meeting. A copy of the preliminary plan and the form described in this section shall also be filed in the city clerk's office. A certified check, in the amount of the fee described in Table I of this revision, made out to the city, shall accompany the submission of the preliminary plan. The project review board, within twenty days from receipt of the plan, shall review and determine whether the proposed project is consistent with the development of the city. The project review board may suggest modifications and changes to the preliminary plan in anticipation of the filing of the final plan. If the board fails to act within twenty days, the applicant may proceed to file a final plan.
(C.O. 90-237 § 18 (part); C.O. 01-76 § 16)
§ 17.22.060 Same-Contents.
The contents of a preliminary plan for a planned unit development shall be:
A.
PDD1 boundaries, north arrow, date, scale, legend and title ("Preliminary Plan: Planned Development District 1"), the name or names of applicants and engineer or designer;
B.
Names of all abutters, land uses and approximate location and width of all adjacent streets;
C.
Show the existing and proposed lines of streets, ways, easements and of any public areas within or next to the PDD1;
D.
The approximate boundary lines of existing and proposed lots with approximate areas and dimensions;
E.
Indicate the proposed system of drainage, including adjacent, existing natural waterways and the topography of the land;
F.
Show the existing and proposed buildings, significant structures and proposed open space on the project site, and to include adjacent buildings and their actual use;
G.
An analysis of the natural features of the site, including wetlands, floodplains, slopes over ten percent, soil conditions and other features requested by the project review board or required by the regulations of the board;
H.
A description of the neighborhood in which the tract lies, including utilities and other public facilities and the general impact of the proposed PDD1 upon them;
I.
A summary of environmental concerns relating to the PUD.
(C.O. 90-237 § 18 (part))
§ 17.22.070 Final plan-Submittal.
A.
The applicant shall submit an application for a special permit accompanied by the original final plans, plus six copies, to the city clerk.
B.
The city clerk shall transmit the original and four copies of the final plans to the project review board.
(C.O. 90-237 § 18 (part))
§ 17.22.080 Same-Project review board.
A.
Within thirty-five days of the receipt of the final plan from the city clerk, the project review board shall submit it to the council, accompanied by the written recommendations, in a report discussing the feasibility of the project and its consistency with the purposes put forth in Section 17.22.030.
(C.O. 90-237 § 18 (part))
§ 17.22.090 Same-City council consideration.
A.
The council, upon receipt of the report of the project review board, but in any case within sixty-five days of the filing of the final plan, shall hold a public hearing, notice of which shall be published in a local newspaper once in each of two successive weeks, with the first publication to be not less than fourteen days before the date of the hearing, and shall be mailed to "parties of interest" as defined in Chapter 40A, Section 11, General Laws, and to any other property owners deemed by the project review board to be affected thereby. Notice shall be given by certified mail by the city clerk. The petitioner shall be responsible for all costs associated with the certified mail notification.
B.
The council shall, within ninety days following the public hearing, certify in writing that the application is approved as submitted, approved subject to modifications, or denied. Moreover, no city council vote to adopt, amend or deny a special permit required by this section shall take place until after the site plan review has submitted its recommendations to the city council. If the council fails to issue its findings within ninety days, the special permit shall be deemed approved. However, no building permit shall be issued until the plan, signed by the city clerk, is recorded in the registry of deeds.
C.
Approval of a special permit shall require a two-thirds vote of the council.
(C.O. 90-237 § 18 (part); C.O. 01-76 §§ 17, 18)
§ 17.22.100 Denial of special permit.
If the special permit is denied, the developer shall not submit substantially the same petition for two years, except as provided under Chapter 40A, Section 16, General Laws.
(C.O. 90-237 § 18 (part))
§ 17.22.110 Term of special permit.
Special permits granted under this chapter shall lapse within two years, excluding the time required to pursue or await the determination of an appeal from the grant thereof, if a substantial use has not commenced sooner or if construction has not started. The council may grant an extension, after a due process hearing, for good cause, and shall grant an extension if delay has been caused by the need to seek other permits.
(C.O. 90-237 § 18 (part))
§ 17.22.120 Changes from recorded plan.
No construction or reconstruction except as shown on the recorded plan shall occur without a further submission of plans to the council, and a notation to this effect shall appear upon the recorded plan and upon any deeds to any property within the PDD1, PDD2, LI, IP, HB and TED districts.
(C.O. 90-237 § 18 (part); C.O. 01-76 § 19))
§ 17.22.130 Final plan contents.
The application for a special permit and a site plan review shall be accompanied by the original copy of the final plan and six copies, and any other data to be submitted, and shall contain the following data:
A.
It shall be drawn at a scale of one inch equals forty feet, unless another scale is requested and found suitable by the engineering department;
B.
A professional engineer, registered architect or registered landscape architect shall prepare the site plan;
C.
The plan shall be stamped by the registered land surveyor who performed the boundary survey and who shall certify the accuracy of the location of the buildings, setbacks and all other required dimensions, elevations and measurements and shall be signed under the penalties of perjury;
D.
A utilities and drainage plan shall be prepared by a professional engineer;
E.
The scale, date and north arrow shall be shown;
F.
Lot number, dimensions of lot in feet, size of lot in square feet, and width of abutting streets and ways;
G.
Easements within the lot and abutting thereon;
H.
The location of existing or proposed buildings on the lot shall be prepared by a registered architect to include the total square footage and dimensions of all buildings, all building elevations and floor plans, and perspective renderings. Further, the depiction of materials and colors to be used shall be required;
I.
The location of existing wetlands, water bodies, wells, one-hundred-year floodplain elevation and other natural features requested by the planning board;
J.
The distance of existing and proposed buildings from the lot lines and the distance between buildings on the same lot;
K.
Percent of building lot coverage;
L.
Average finished grade of each building (see definition);
M.
The elevation above average finished grade of the floor and ceiling of the lowest floor of each building;
N.
Existing and proposed topographical lines at two-foot intervals;
O.
The use designation of each building or part thereof, and of each section of open ground, plaza or usable roof space;
P.
Numbering of parking spaces;
Q.
Height of all buildings, above average finished grade of abutting streets;
R.
A landscape plan to include the total square feet of all landscape and recreation areas, and depiction of material to be used, and the quantity, size and species of plantings;
S.
Deed or other recorded instrument that shows the applicant to be the owner under option of the land to be designated as a development;
T.
The applicant shall provide, for subsections G, I, J, K, L, O and P of this section, graphic and/or narrative descriptions of the differences, if any, that would occur if the site were not to be developed with a special permit under this chapter.
(C.O. 90-237 § 18 (part); C.O. 01-76 § 20))
§ 17.22.140 Conditions for approval.
Issuance of a special permit shall be subject to the following conditions:
The council shall make the following determinations:
A.
Provisions have been made to prevent or minimize any detrimental effect on adjoining premises and the general neighborhood;
B.
Facilities have been designed and will be developed so that no significant impairment will occur in relation to the convenience and safety of vehicular pedestrian movements on adjacent streets and properties;
C.
Designs have been prepared for the adequate disposal of sewerage, refuse, other waste, drainage and surface water;
D.
Designs have been prepared allowing for sufficient parking space and service area including necessary maneuvering areas to serve the needs of the proposed construction;
E.
Existing municipal facilities are of sufficient capacity to support the proposed development. Such services shall consist of but shall not be limited to fire and police operation, educational and recreation facilities.
(C.O. 90-237 § 18 (part))
§ 17.22.150 Permitted uses by special permit.
In accordance with Section 17.16.040, Table of Uses.
(C.O. 90-237 § 18 (part))
§ 17.22.160 Site area.
As required in Section 17.24.010, Table of Dimensional Controls.
(C.O. 90-237 § 18 (part))
§ 17.22.180 Setback requirements.
In accordance with Section 17.16.010, Table of Dimensional Controls.
(C.O. 90-237 § 18 (part))
§ 17.22.190 Height of buildings within the PDD1 district.
By a special permit of the city council, buildings within the PDD1 district may exceed the maximum height allowance as shown in Table 17.24.010 up to a height of two hundred feet and twenty stories. Buildings allowed to exceed the maximum height allowance shall be set back at least two hundred feet from Washburn Avenue, Winthrop Avenue and Revere Beach Parkway.
(C.O. 90-237 § 18 (part); C.O. 01-76 § 21))
§ 17.22.191 Height of buildings in the LI district.
By a special permit of the city council, buildings within the LI district may exceed the maximum height allowance as shown in Table 17.24.010 up to a height of seventy feet and seven stories.
(C.O. 01-76 § 23, 2001)
§ 17.22.192 Height of buildings in the IP district.
By a special permit of the city council, buildings within the IP district may exceed the maximum height allowance as shown in Table 17.24.010 up to a height of seventy feet and seven stories.
(C.O. 01-76 § 24, 2001)
§ 17.22.193 Height of buildings in the HB district.
By a special permit of the city council, buildings within the HB district may exceed the maximum height allowance as shown in Table 17.24.010 up to a height of seventy feet and seven stories.
(C.O. 01-76 § 25, 2001)
§ 17.22.194 Floor area ratio of buildings within the TED district.
By a special permit of the city council, buildings within the TED district may exceed the floor area ratio as shown in Table 17.24.010 up to a maximum of 3.0.
(C.O. 01-76 § 26, 2001)
§ 17.22.195 Height of buildings in the TED district.
By a special permit of the city council, buildings within the TED district may exceed the maximum height allowance as shown in Table 17.24.010 up to a height of one hundred feet and ten stories.
(C.O. 01-76 § 27, 2001)
§ 17.22.200 Maximum principal building coverage within the PDD1, PDD2 and IP districts.
By a special permit of the city council principal buildings within the PDD1, PDD2 and IP districts may exceed requirements shown in Table 17.24.010, Table of Dimensional Controls, to a level not to exceed fifty percent of the total site area.
(C.O. 90-237 § 18 (part); C.O. 01-76 § 22)
§ 17.22.210 Floor area ratio.
By a special permit of the city council, the total floor area ratio of the principal buildings within the PDD1, PDD2, LI, LP, HB and TED districts, not including parking structures, may exceed the maximum allowed FAR of 1.0 to but not more than 3.0.
(C.O. 90-237 § 18 (part); C.O. 01-76 § 28)
§ 17.22.220 Off-street parking and loading.
Parking for each individual use provided shall be in conformance with the requirements of Chapter 17.28, Off-Street Parking & Loading.
(C.O. 90-237 § 18 (part))
