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ZONING AMENDMENT PLANNED UNIT DEVELOPMENT IN BUSINESS PARK DEVELOPMENT - PLANNING Planning Board Report to Council Regarding Zoning Amendment P\czCW\Q.CX Uv\it Peve\o�mev�t- - -- — - -- - - - \ in 3U Se55 Pork�2va\o em ev`\- \ Citp of *aiem, 0am5acf mwo Office of the citp Council _rpt Citp joall COUNCILLORS-AT-LARGE PAUL C. PREVEY WARD COUNCILLORS PRESIDENT 2009 2009 THOMAS H. FUREY CHERYL A. LAPOINTE ROBERT K. MCCARTHY JOAN B. LOVELY CITY CLERK MICHAEL SOSNOWSKI STEVEN A. PINTO JEAN M. PELLETIER ARTHUR C. SARGENT III .� aas > JERRY L. RYAN R`[n �4'�B X �' $y MATTHEW A.VENO Man Y¢93(E i L7r E 1.�f/ PAUL C. PREVEY JAN 2 9 2009 JOSEPH A. O'KEEFE, SR. DEPT.Or PLAWMIS& COEKT -PTY DEV EL07,?,:NT January 27, 2009 Ms. Lynn Duncan, Planner City of Salem Salem, MA 01970 Dear Ms. Duncan: At a regular meeting of the City Council, held on January 22, 2009 the enclosed Zoning Ordinance was adopted for second and final passage. This action was approved by Mayor Kimberley Driscoll on January 26, 2009. Sincerely, 12 CHERYL A. LAPOINTE CITY CLERK Enclosure SALEM CITY HALL • 93 WASHINGTON STREET • SALEM, MA 01970-3592 • WWW.SALEM.COM 0 City of Salem In the year two thousand eight An Ordinance to amend a Zoning Ordinance relative to Planned Unit Developments Preamble: Whereas there are a number of vacant and underutilized parcels in the BPD district; Whereas it is in the best interest of the health, safety, and general welfare of the community to see these parcels constructively utilized; Whereas the intent of the zoning ordinance is to encourage the most appropriate use of land throughout the city; and Whereas the Business Park Development(BPD) District is the only business district in the City of Salem that does not allow a Planned Unit Development (PUD); NOW, THEREFORE, Be it ordained by the City Council of the City of Salem,as follows: Section 1. The City of Salem Zoning Ordinance, Article VII, Section 7-15 Planned Unit Development, authorizing the Planning Board to grant a special permit, is hereby amended by 1)adding the term "BPD Business Park Development District' immediately following the term "I Industrial District'within Section 7-15 (a); and 2)inserting a new section, Section 7-15(c) (6) as follows: (6) In the Business Park Development(BPD)district, residential uses and associated improvements, such as parking and landscaping, cannot exceed 50%of the land area of the parcel(s); or in the case of mixed use buildings, residential uses cannot exceed 50%of the gross square footage of the structures within the development. The maximum number of stories of any building containing residential units in the BPD District is four stories. Section 2. This Ordinance shall take effect as provided by City Charter. In City Council December 11, 2008 Received after the deadline of Tuesday noon under suspension of the rules Referred to the Planning Board to schedule a joint public hearing Joint public hearing held on January 7, 2009 Referred to the Planning Board for their recommendation Recommendation from the Planning Board received after the deadline of Tuesday Noon on January 8, 2009 Adopted as amended for first passage by roll call vote of 9 yeas, 2 nays, 0 absent and referred to the Committee of the Whole to be brought back before the City Council by the next meeting of January 22, 2009 _._ A motion for immediate reconsideration in the_hopes it does not _prevail was denied. In City Council January 22, 2009 Adopted as amended for second and final passage by roll call vote of 9 yeas , 2 nays, 0 absent. A motion for immediate reconsideration in the hopes it would not prevail was denied. Approved by the Mayor on January 26, 2009 ATTEST: CHERA. LAPOINTE CITY CLERK I I— CITY OF SALEM PLANNING BOARD 1004 JAN -g A Ii: 42 . CITY OF SALEM, MA Cl_E r,'S OFFICE Report to City Council January 8, 2009 At its meeting on January 7, 2009,the Planning Board voted to recommend as follows on the proposed zoning amendment: To see if the City Council will amend the text of the City of Salem Zoning Ordinance to allow a Planned Unit Development(PUD)in the Business Park Development(BPD)District in accordance with the following conditions: 1. In the Business Park Development(BPD) district,residential uses and associated improvements, such as parking and landscaping, cannot exceed 50% of the land area of the parcel(s); or in the case of mixed use buildings,residential uses cannot exceed 50% of the gross square footage of the proposed development. 2. The maximum number of stories of any building containing residential units in the BPD District is four stories. The Planning Board voted six(6) in favor(Puleo,Lombardini, Ready, Sullivan,Weiner, and Moustakis) and none (0) opposed to recommend approval of the proposed amendment,with an amendment that the maximum number of stories in any building containing residential units in the BPD District is four stories, not to exceed fifty(50)feet in height. In making this recommendation, the Planning Board considered the beneficial impact of past projects permitted in the City as planned unit developments. The Board was pleased with the outcome of several of these projects which were shaped through the special permit process. The Board noted that many have resulted in contributions to City infrastructure. The Board believes that this text amendment will provide a way in which to attract good,responsible development. Additionally, the Board envisions that this permitting option may attract the redevelopment of challenging sites within the City. The Board recognizes that the economy has changed since the adoption of the Business Park Development zone, and that the limited uses allowed in this district are no longer as viable in today's economy. If you have any questions regarding this matter,please feel free to contact Lynn Duncan at the Department of Planning&Community Development at(978) 619-5685. Sincerely, Charles Puleo Chairman Cc: Mayor Kimberly Driscoll 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 .TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM 0 3v T CITY OF SALEM PLANNING BOARD 71 :1 Report to City Council - r_O September 5, 2008 - fJ At its meeting on September 4, 2008, the Planning Board voted to recommend as follows on�ithe proposed zoning amendment: The Planning Board voted six (6) in favor(Puleo, Lombardini, Ready, Sullivan,Hanscom, and Kavanaugh) and none (0) opposed to recommend approval of the proposed amendment. In making this recommendation, the Planning Board considered the beneficial impact of past projects permitted in the City as planned unit developments (PUD). The Board was pleased with the outcome of several of these projects which were shaped through the special permit process. These projects are the J.P.I (former Parker Bros. site),Fafard Development, Traders Way/First Street, and the Stop &Shop on Howley Street. The Board noted that these developments resulted in an expansion of the residential and commercial tax base, mitigation with abutters, substantial contributions to the city's infrastructure and funds being held by the City for future improvements. More recently,the Planning Board approved a PUD for the redevelopment of the Old Salem Jail. The Board believes that this text amendment will provide a way in which to attract solid, responsible development and envisions this permitting option attracting the redevelopment of challenging sites within the City. The Board recognizes that the economy has changed since the adoption of the Business Park Development zone, and that the limited uses allowed in this district are less viable in today's economy. Therefore,this text change would seem to be a valuable tool for both the developers and the Cityof Salem. If you have any questions regarding this matter,please feel free to contact Lynn Duncan at the Department of Planning &CommunityDevelopment at (978) 619-5685. Sincerely, Charles M. Puleo Chairman Cc: Mayor Kimberly Driscoll Cheryl LaPointe, City Clerk 120 WASHINGTON STREET, SALEM, MASSAC14USFTTs 01970 • TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM w CITY OF SALEM, MASSACHUSETTS Kimberley Driscoll Mayor Honorable Salem City Council December 9, 2008 93 Washington Street Salem, Massachusetts 01970 Ladies and Gentlemen of the Council: Enclosed herewith is a revised zoning ordinance text amendment that will make it possible for the Council to revisit allowing a Planned Unit Development (PUD) in a Business Park Development (BPD) Zone. This revised text amendment will provide local planning officials with more flexibility when it comes to permitting projects on large, underutilized BPD parcels, as well as pave the way for a potential new Lowes/Walmart development project on Highland Avenue. As you know, this July Ward 4 City Councillor Jerry Ryan introduced a zoning text amendment to allow a Planned Unit Development (PUD) on land parcels zoned Business Park Development (BPD). While the proposed amendment received the support of 7 councillors at your December I` meeting, it did not achieve the two-thirds majority, or 8 votes, required for adoption. In an attempt to address concerns expressed by some members of the Council and the public, I am submitting a revised zoning text amendment that I hope will have the support needed for final adoption by the Council. The proposed revision will restrict residential uses to no more than 50% of the land area or, in the case of mixed use buildings 50% of the gross square footage of the proposed development, and limit residential height within the BPD Zone to no more than four stories. Most importantly, this will enable the City to review projects more comprehensively and work on addressing issues like site access and egress, traffic impacts, buffering of residential neighborhoods and other abutter remediation in an all inclusive manner. For certain underutilized, former industrial parcels it will provide greater flexibility for potential re-use, while maintaining control based on the PUD restrictions. Lastly, this change will assist with the redevelopment of a key parcel of land on the Lynn/Salem line that Lowes Home Improvement has expressed an interest in developing in combination with an updated Walmart store. That Lowes project alone is anticipated to generate approximately $200,000 in new tax revenues and in excess of 100 new jobs (The Walmart proposal would likely bring in another $100,000 in new tax revenues for a combined total of over $300,000 in new tax dollars). During this time of financial turbulence, there aren't a lot of businesses looking to make an investment of this magnitude that will provide loads of construction jobs, permanent full-time employment opportunities, and substantial commercial tax revenues to our community. This is the type of development we ought to be encouraging on Highland Avenue, a major commercial entrance corridor in our City, as a means to provide funding for city services without further burdening residential homeowners. Salem City Hall—93 Washington Street—Salem, MA 01970-3592 Ph. 978-745-9595 Fax 978-744-9327 T As you are well aware, currently, Planned Unit Developments (PUD's) are permissible in every other business district in the City(B-1, B-2, B-4, B-5 and I), as well as in R-3 Multifamily Residential zoning district. Since the PUD section of the Zoning Ordinance was adopted in May 1977, while the BPD District was adopted in June 1985, it was not possible to include PUD's in the BPD zone because it did not exist at the time. Many of the parcels impacted by the zoning amendment are properties in desperate need of investment including properties on Grove Street in the Blubber Hollow neighborhood. By providing greater flexibility, this amendment would allow for mixed use development, something that is a key goal of the much heralded North River Canal Corridor(NRCC) zoning district. One should also remember that uses currently allowed in BPD districts include many that would be extremely intensive and not fitting with the neighborhood, such as general manufacturing, laboratories and research facilities, assembly or packaging and food and beverage manufacturing. The City has approved a handful of PUD projects in the last twenty years (Fafard Development at Traders Way; Stop and Shop at Howley Street; JPI at Parker Bros. Site) and the process has worked well. It has helped to alleviate and/or mitigate negative impacts, while allowing meaningful development/redevelopment activity to take place. They also have substantially increased tax revenues received by the City. For example, in 1996 the Parker Brothers/General Mills site was assessed at $3,411,800 generating a little under$120,000 in taxes. Currently, the JPI development is assessed at $40,027,800 and brings in a little under$470,000. While re- zoning of any kind should not be based on tax revenue, the notion that allowing mixed use or residential use on former industrial/commercial sites presents a financial loss for the city is not accurate. Often, this is exactly the type of tool needed by local planning officials to encourage and promote mixed use development at several key sites in the City. While PUD developments provide flexibility to the City and the Planning Board, it can be used to be more, not less restrictive relative to zoning limitations including set-backs/buffer zones, height, etc. when necessary. I have attached a fact sheet that compares PUD zoning language to BPD zoning language. As you will note, height restrictions can not increase in a PUD, nor does it allow for unfettered residential or commercial development, but rather requires appropriate setbacks and protections for any existing residential property owners who abut a PUD site. Moreover, the proposed revisions to the PUD in a BPD zone provide additional restrictions to the quantity and height of residential development within the BPD. While there are approximately 44 parcels of land zoned BPD that are eligible for PUDs, there are only 9 parcels that are undeveloped/underutilized that would likely be candidates for a PUD type development. It is my hope that with this new proposal, some members of the Council who initially voted against the amendment will be willing to reconsider their vote, given the proposed language change. This new language will effectively limit the number of residential units allowed on BPD parcels, which is a significant change from the original language. I wholeheartedly endorse the proposed zoning text amendment and respectfully request adoption of the proposed ordinance amendment. Very truly yours, Kimberley A. Driscoll Salem City Hall—93 Washington Street—Salem, MA 01970-3592 Ph. 978-745-9595 Fax 978-744-9327 J BPD PUD Uses allowed in a BPD- • Allows mixed use office; • Would allow residential and retail in addition general storage, warehousing and wholesale to allowed BPD uses. distribution uses; manufacturing, packaging, assembly, reconditioning processing, research and testing of the following types of industries: pharmaceuticals and other related products, food and like products, apparel, electronics and electrical products, furniture and fixtures, metal products, box manufacturing, textile manufacturing, frozen food storage; • laboratories or research facilities; • assembly or packaging of articles less than 200 pounds in weight Dimensional requirements Minimum lot-40,000 square feet Minimum lot-60,000 square feet Lot width- 150 feet Maximum height-same as underlying zone Lot coverage-45% (in BPD, max. height is 50 feet) Front yard setback-50 feet Side yard-30 feet Coverage, setbacks, parking and loading Rear yard-50 requirements are determined by the Planning Maximum height-50 feet Board. However, the design of any residential Buffer from residential or conservation use-50 development at the boundaries of the site must be feet compatible with the existing or potential Open space- 10% development of the abutting neighborhood. Plans Parking-determined by Planning Board for commercial or industrial uses must show how the abutting property will be protected in terms of health, safety, and privacy. Further, any lot adjacent to or across the street from existing residential developments shall provide lot frontage not less than the existing lots. Minimum lot size-the developer must demonstrate that there is usable and accessible open space with the development to compensate for smaller residential lots Salem City Hall—93 Washington Street—Salem, MA 01970-3592 Ph. 978-745-9595 Fax 978-744-9327 December 11, 2008 Whereas there are a number of vacant and underutilized parcels in the BPD district; Whereas it is in the best interest of the health, safety, and general welfare of the community to see these parcels constructively utilized; Whereas the intent of the zoning ordinance is to encourage the most appropriate use of land throughout the city; and Whereas the Business Park Development (BPD) District is the only business district in the City of Salem that does not allow a Planned Unit Development (PUD); NOW, THEREFORE, Be it ordained by the City Council of the City of Salem, as follows: Article VII of the City of Salem Zoning Ordinance is hereby amended by adding the following language to Sec. 7-15 Planned Unit Development: 1. Add "BPD Business Park Development District'to Section (a) allowing the Planning Board to grant a special permit for PUD in a BPD in accordance with all the requirements of the Ordinance. 2. Add a new Section (c) (6) as follows: (1) In the Business Park Development (BPD) district, residential uses and associated improvements, such as parking and landscaping, cannot exceed 50% of the land area of the parcel(s); or in the case of mixed use buildings, residential uses cannot exceed 50% of the gross square footage of the proposed development. (2) The maximum number of stories of any building containing residential units in the BPD District is four stories. Salem City Hall—93 Washington Street—Salem, MA 01970-3592 Ph. 978-745-9595 Fax 978-744-9327 OF CITY OF SALEM i 4jr /1 - ' ' : Map created by SalemGIS January 6, 2008 W E Un Map No. 09-006 16 V. AQF1 IPW 000 0 • � r 4! 1 150 300 61Feet 1 Mayor - + .`•• Kimberley Driscoll 1 150' , L T a l ' e . 10 44 - . • "° i= 041 _ NEU mow IMF ' { ! « • J r t 1. Ahb. JW Awd c �4 r / r r! ,.. .- . •to ,• Iti� _,. ',,• f� R: - t a ` 1 - , v 1 �. F ' 42869Z'• ,4 - ^fir �. - P - " _ 8 'lam j .3 y, , r y • • • �'r`¢.5"_ „ .^�, of � '� � �. .a. i Y T • " d - " - 1F+ • tix i _ , I. OF qt 01 A. • ;` * :. • , 4 'r ^ , _ r f-171 ,r ,i •. r •�w ,a "�'"tp Y + : ' Ali • , v , i - 1 1 Ar { it Legend Parcels It j r Y 5{ 5 • �,. 4 AL1 '. r - , ,. r- : • T BPD-Zoned Parcels > 60,000 sq. ft. BPD-Zoned - 60,000 sq. BPD Zoning District _ a Text Property - • • Size -r _ .r • w - 6077=1t,; 111 • • • • • receive special permit • planned development - Zoning-related data compiled by SalemGIS & Applied F • 2006 • I T - Parcel t' ,1 r ' • related data • • • by Camp , •• •. r 1999 . • updated annualy by SalemGIS Sanborn- Orthophotography compiled for MassGIS by the . • Company, 2005F.'