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MINUTES - Special - 11/22/2005 270 CITY OF SALEM NOVEMBER 22, 2005 SPECIAL MEETING A Special Meeting of the City Council was held in the Council Chamber on Tuesday, November 22, 2005 at 6.45 P.M., for the purpose of discussing the Zoning Ordinance to create a North River Canal Corridor. Notice of this meeting was posted on November 18, 2005, at 11.44 A.M. All Councillors were present. Council President Michael Bencal presided. Councillor O'Leary moved to dispense with the reading of the record of the previous meeting. It was so voted. #857 — FIRST PASSAGE OF ZONING ORDINANCE FOR NORTH RIVER CANAL CORRIDOR (NRCC) Councillor Bencal offered the following report of the Committee of the Whole. It was voted to accept the report and adopt the recommendation by roll call vote of 8 yeas, 3 nays, 0 absent. Councillors Veno, Sosnowski, Sargent, Lovely, Harvey, Furey, Corchado and Bencal were recorded as voting in the affirmative. Councillors Pelletier, O'Leary and O'Keefe were recorded as voting in the negative. Councillor Sosnowski moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. The Committee of the Whole to whom was referred the matter of an Ordinance amending Zoning to create the North River Canal Corridor Neighborhood Mixed Use District has considered said matter and would recommend that the NRCC Zoning be reported out with a favorable recommendation for first passage and that it be referred back to the Committee of the Whole for review on November 28, 29, 30t" 2005 #858 —ZONING ORDINANCE FOR NORTH RIVER CANAL CORRIDOR (NRCC) Article VII, Section 7-21: ESTABLISHMENT OF A NEW NORTH RIVER CANAL CORRIDOR (NRCC) NEIGHBORHOOD MIXED USE DISTRICT CITY OF SALEM 271 NOVEMBER 22, 2005 SPECIAL MEETING Table of Contents Page Number Section 7-21(a): Purpose of the North River 3-4 Neighborhood Mixed Use District Section 7-21(b): Consistency With the Plan 4 Section 7-21(c): Definitions 4 Section 7-21(d): Permitted Uses 4-6 Section 7-21(e): Special Permit Uses 6-7 Section 7-21(f): Prohibited Uses 7 Section 7-21(g): Site Plan Review 7-8 Section 7-21(h): Fences 8-9 Section 7-21(i): Signage 9 Section 7-210): Mechanical Equipment and 9 Refuse Storage Section 7-21(k): Density Regulations 9-10 Section 7-21(I): Parking Requirements 11 Section 7-21(m):Transitional Overlay District 11-13 272 CITY OF SALEM NOVEMBER 22, 2005 SPECIAL MEETING Purpose of the North River Canal Corridor(NRCC) Neighborhood Mixed Use District Section 7-21(a): The North River Canal Corridor (NRCC) Neighborhood Mixed Use District is intended to fulfill the goals and objectives contained within the Neighborhood Master Plan for the North River Canal Corridor. The Master Plan encourages the best use for the North River Canal Corridor physically, economically, environmentally, and socially while promoting the best interests of the residents of the City. The goals of the plan, as stated in the North River Canal Corridor Vision Statement (February 2003), are as follows: 1. Create appropriate development while preserving our historic neighborhood character 2. Address transportation issues for existing and new developments 3. Enhance the public realm in keeping with our unique neighborhood character In order to achieve these goals, all development shall comply with the following- 1. All development shall be in compliance with the Neighborhood Master Plan for the North River Canal Corridor, October, 2003 2. All development shall be designed to complement and harmonize with adjacent land uses (existing and proposed) with respect to architecture, scale, landscaping and screening. Building materials of brick, stone, and wood are encouraged. Pre-cast concrete or prefab aluminum or metal panels are highly discouraged. 3. Ground floor spaces should have active pedestrian friendly uses. 4. Buildings should be located in a way to create a presence on the main corridor's street edges. 5. Buildings shall face the main corridor and have an entrance on the main corridor. 6. Streets and roadways must include sidewalks and landscaping to provide an attractive connection for pedestrian use, and to complement adjacent parkland. CITY OF SALEM 273 NOVEMBER 22, 2005 SPECIAL MEETING 7. Uses are designed to generate pedestrian traffic 8. All retail uses should support the adjacent neighborhoods. 9. All development shall be designed to facilitate, accommodate, and encourage use by pedestrians and non-motorized forms of transportation as much as, if not more so than, use by motorized vehicles. 10.Water dependent uses are encouraged to be developed on the parcels located within the District and adjacent to the North River, particularly: a. Parks, open space, pedestrian facilities, and both public and commercial recreational facilities b. Marinas, boat yards, boat basins, boat storage yards, yacht clubs, and other commercial and recreational boating c. Shore protection structures such as seawalls, bulkheads and revetments d. Flood, water level, or tidal control facilities e. Marine industry, including marine terminals for the transfer between ships and shore, facilities related to the construction, serving, maintenance, repair or storage of vessels or other marine structures, facilities for tug boats, barges, dredges or other vessels engaged in port operations or marina construction Section 7-21(b): Consistency With the Plan The NRCC Plan, when read in concert with this Section, establishes a comprehensive plan for development in the North River Canal Corridor. Development must comply with both this plan and the NRCC Neighborhood Mixed Use District. Section 7-21 (c): Definitions Main Corridors: Main Corridors are defined as the portions of Boston Street, Bridge Street, North Street, and Mason Street that are located within the boundaries of the NRCC Neighborhood Mixed Use District. Section 7-21(d) Uses Permitted As of Right The following are the uses permitted as of right in the NRCC Neighborhood Mixed Use District: Artist Space 274 CITY OF SALEM NOVEMBER 22, 2005 SPECIAL MEETING 1. Artist lofts and living space, studios, workrooms and shops of artists, artisans and craftsmen, where products of the artistic endeavor or craft activity can be for sale on the premises or by specific off-premises commission from a sponsor or client. 2. Trade schools having interior classroom space and where no exterior work occurs on site 3. Galleries Office 1. Business and professional offices 2. Medical and dental offices Research/Manufacturing 1. Laboratories engaged in research, experimental and testing activities which may include the development of mockups and prototypes but not the manufacture of finished products. 2. Manufacturing of biotechnology and pharmaceutical products including fabrication, assembly, finishing work provided that such operations: a. Are not dangerous by reason of hazard from fire or explosion b. Are not offensive, detrimental, injurious, noxious or hazardous by reason of causing dust, smoke, odor, fumes, radiation, groundwater discharge, noise, vibration, traffic congestion or other nuisance c. Are compatible with adjacent non-industrial uses. 3. Operation and expansion of any existing businesses shall be allowed by right provided they comply with 2. a., b., and c. as stated above Residential 1. Single family detached dwellings 2. Two-family attached dwellings 3. Multifamily residential uses as secondary uses in upper floors of buildings primarily used for retail, personal service or office purposes. Other 1. Use of land or buildings for religious purposes 2. Use of land or buildings for educational purposes on land owned or leased by the Commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sector denomination, or by a nonprofit educational corporation 3. Public parks or playgrounds Retail 1. Retail uses are allowed only as part of a mixed use building containing non-retail uses on the upper floors CITY OF SALEM 275 NOVEMBER 22, 2005 SPECIAL MEETING 2. Retail uses are allowed only on the ground level of a building 3. The gross square footage of retail uses shall not exceed 50% of the gross floor area of the building. 4. Each individual retail use shall not exceed 3,000 gross square feet in size. Individual retail uses cannot be combined. 5. Retail uses are specifically limited to the following and should support the adjacent neighborhoods: a. Books, stationery and gift stores b. Florist shops, but excluding greenhouses c. Crafts related stores selling jewelry, crafts, etc. where production occurs on the premises d. Specialty food stores including a candy store, meat market, delicatessen or bakery e. Barber shops and beauty parlors f. Tailor and custom dressmaking shops g. Banks and savings and loan institutions h. Laundromats/Dry Cleaning Establishments i. Stores selling alcoholic beverages j. Other uses that are the same in nature to the uses specified in 5-a through 5-i above as determined by the Commission of Buildings acting in his/her capacity as Zoning Enforcement Officer. Section 7-21(e): Special Permit Uses The following uses are permitted only by the issuance of a special permit from the Planning Board: Artist Space 1. Music, recording, and dancing studios Residential 1. Multifamily residential uses as primary uses in townhouse, row house, flats or multistory arrangements provided that: a. Multi-family residential uses abut a residential use. A multi-family use totally surrounded by non-residential uses is not permitted b. Multi-family residential uses retain first floor commercial use on a C. For all newly constructed buildings (not additions to existing buildings), each unit shall have a separate exterior first floor entrance if located within 100 feet of a residentially used parcel in an abutting zoning district. 276 CITY OF SALEM NOVEMBER 22, 2005 SPECIAL MEETING Research/Light Manufacturing 1. Light manufacturing of products, other than biotechnology and pharmaceutical, including fabrication, assembly, finishing work provided that such operations: a. Are not dangerous by reason of hazard from fire or explosion b. Are not offensive, detrimental, injurious, noxious or hazardous by reason of causing dust, smoke, odor, fumes, radiation, groundwater discharge, noise, vibration, traffic congestion or other nuisance c. Are compatible with adjacent non-industrial uses. Retail 1. Each individual retail use greater than 3,000 square feet in size, which otherwise meets all other requirements as set forth in the section on retail uses permitted as of right [Section 7-21(d)]: a. Retail uses are allowed only as part of a mixed use building containing non-retail uses on the upper floors b. Retail uses are allowed only on the ground level of a building C. The gross square footage of retail uses shall not exceed 50% of the gross floor area of the building. d. Retail uses are specifically limited to the following- 1. Books, stationery and gift stores 2. Florist shops, but excluding greenhouses 3. Crafts related stores selling jewelry, crafts, etc. where production occurs on the premises 4. Specialty food stores, but not those intended for consumption on the premises, including a candy store, meat market, delicatessen or bakery 5. Barber shops and beauty parlors 6. Tailor and custom dressmaking shops 7. Banks and savings and loan institutions 8. Laundromats/Dry Cleaning Establishments 9. Stores selling alcoholic beverages 10. Other uses that are the same in nature to the uses specified in 5(a) through 5(i) above as determined by the Commission of Buildings acting in his/her capacity as Zoning Enforcement Officer. Other 1. Hotel or inn, non-profit clubs, lodges and fraternal organizations. 2. Restaurants and other eating and drinking places of any size. CITY OF SALEM 277 NOVEMBER 22, 2005 SPECIAL MEETING Section 7-21(0: Prohibited Uses The following uses are strictly prohibited in the North River Canal Corridor Neighborhood Mixed Use District- 1. Storage, warehousing and wholesale distribution facilities to use as permitted as of or to a special permitted use except as an ancillary use 2. Drugstores 3. Supermarkets 4. Motor vehicle service stations 5. Drive-thru facilities 6. Motor vehicle car wash 7. Motor Vehicle general and body repair 8. Portable storage units 9. New or used motor vehicle sales Section 7-21(g): Site Plan Review Applicability Any proposed building or additions of any size, excluding the construction of a two family or single family home, shall be subject to site plan review. Review Criteria In addition to the requirements as set forth in Article VII, Section 7-18 of this Ordinance, the Planning Board shall review all such submitted plans in accordance with the following criteria- 1. That the project is in compliance with the North River Canal Corridor Master Plan, October, 2003 and a determination shall be made as to whether or not the development plan is in compliance with said Master Plan and if not in compliance, the basis of the determination that the plan is not in compliance. 2. Action shall not be taken on any plan until it has received a recommendation from the Design Review Board of the Salem Redevelopment Authority concerning the design of the project. The Design Review Board shall refer to the Urban Design Criteria, Exhibit C of both Urban Renewal Plans East and West when making their recommendation. 3. The project is designed to complement and harmonize with adjacent land uses (existing and proposed) with respect to architecture, scale, landscaping and screening. Furthermore, buildings shall use materials and details that are consistent with the architectural heritage of surrounding buildings. Building materials of brick, stone, and wood are 278 CITY OF SALEM NOVEMBER 22, 2005 SPECIAL MEETING encouraged. Pre-cast concrete panels are discouraged. 4. Buildings are located in a way to create a presence on main corridor street edges. 5. Parking lots shall avoid large expanses that are unbroken by buildings or substantial landscaped areas 6. Ground floor spaces should have lively, pedestrian friendly uses 7. Buildings shall have a strong pedestrian connection to streets and/or pedestrian ways. 8. New facade elements on existing buildings shall use materials and details that are consistent with the architectural heritage of the buildings on which they are located 9. Parking facilities are located to the rear or side of the structures whenever physically feasible. 10.Traffic calming measures should be used to discourage cut through traffic in the rear parking lot of any site. 11. All development shall be supported by: a. Information on subsurface contamination/toxic material and adequate plans for remediation so that the public health will not be adversely affected b. Floodplain information and plans for adequate management of any anticipated problems c. Adequate stormwater management plans d. Information on the water distribution and sanitary sewer system and plans for any modification necessary to adequately serve the proposed development Section 7-21(h): Fences In order to maintain and maximize the aesthetic views and sight lines, all fences along the front and side lot lines shall comply with the following standards: 1. No fence along a front line or side lot line to the front building line shall be more than four (4) feet in height, as measured from the curb level of the street or the average grade elevation of the land where the fence is to be located, whichever is deemed appropriate. CITY OF SALEM 279 NOVEMBER 22, 2005 SPECIAL MEETING 2. Chain link and wire fences are prohibited along any lot lines. Section 7-21 (1): Signage Applicability 1. All signage shall follow the Salem Sign Ordinance, except that the size of all signs within the NRCC Neighborhood Mixed Use District shall be one- half(1/2) the size which is allowed by the Salem Sign Ordinance. 2. If Site Plan Review is required, the design of all proposed signs must be reviewed by the Design Review Board, and a recommendation received by the Planning Board prior to action being taken on the site plan review application. Section 7-216f): Mechanical Equipment and Refuse Storage No refuse storage areas or mechanical equipment such as AC units, heating units, or generators shall be located in a front yard, nor within 25 feet of the side yard lot line. Such areas and equipment shall be screened from all public ways, parking areas, residential land uses and open space areas. Section 7-21(k): Density Regulations 1. A building erected hereafter for uses permitted in the NRCC Neighborhood Mixed Use District shall meet the requirements set forth in the following table: Minimum lot area 15,000 square feet Minimum lot area per dwelling unit 3,500 square feet Minimum lot width 60 feet Maximum lot coverage by all buildings 50% Minimum width of side yard No side yard required Minimum width of front yard No front yard required Minimum width of rear yard No rear yard required Maximum height of buildings 50 feet Maximum height of buildings 4 stories Maximum height of fences and boundary walls 6 feet Floor area ratio 2.1 2. Density Bonuses The Planning Board may award a density bonus to increase the number of dwelling units beyond the maximum number permitted in the NRCC Neighborhood Mixed Use District. The density bonus in the 280 CITY OF SALEM NOVEMBER 22, 2005 SPECIAL MEETING District shall not, in the aggregate, be more than one and one half that of the maximum number of units permitted in the District. Computations shall be rounded to the lowest number. A density bonus may be awarded in the following circumstances: a. If 100% of the historically significant portions of an existing building, as approved by the Salem Historical Commission or there is an opinion from the Massachusetts Historical Commission that it is eligible for listing on the National Register, is being preserved; a bonus of up to fifty (50%) of the maximum number of units permitted may be awarded. In order for the density bonus to be awarded, any new development on the site cannot adversely affect the historic building, as determined by the Salem Historical Commission. The "historically significant portions of the building" shall be determined by an architectural preservation professional. b. For every unit of affordable housing, which is defined as year- round units that serve households at or below 80% of the area median income and shall remain affordable for a minimum of 99 years as evidenced by deed restrictions and that meet all requirements of M.G.L. Chapter 4013, one dwelling unit may be added as a density bonus; provided, however, that this density bonus shall not exceed 25% of the maximum number of units permitted. Section 7-21(I): Parking Requirements Parking areas within the NRCC Neighborhood Mixed Use District shall meet the following criteria- 1. Parking in this district should be located to the rear or side of the building whenever physically feasible. 2. All parking areas of more than twelve (12) spaces shall be arranged and landscaped to properly screen vehicles from adjacent properties and streets. The requirements for such landscaping are as follows: a. Landscaping shall include, at a minimum, one (1) tree of at least three and one half inch caliper measured at six inches above grade after planting for each three (3) parking spaces. Trees shall be planted in plant beds bounded by six inch granite curbing. CITY OF SALEM 281 NOVEMBER 22, 2005 SPECIAL MEETING b. No plant bed shall be less than fifteen (15) square feet and no dimension of such plant bed shall be less than three (3) feet. c. A planting strip of no less than three (3) feet wide shall separate vehicles parked face to face in a parking area. Such planting strip shall include one (1) three and one half inch to four inch caliper tree every twenty seven (27) feet (in line with striping) and other appropriate landscaping. d. Parking Spaces for the following uses shall be provided as follows- Use Required Parking Dwellings and home Two (2) spaces per dwelling unit, with occupations a minimum of two (2) spaces, plus one 1 s ace for each home occupation Artist space with a studio where One (1) space per dwelling unit, plus items are sold one (1) space for patrons. All other uses in the NRCC Neighborhood Mixed Use District shall follow the parking requirements as listed in this Zoning Ordinance. Section 7-21(m): Transitional Overlay District The Transitional Overlay District encompasses those parcels that are located at the boundaries of the NRCC Neighborhood Mixed Use District and that also abut a residential zone (either directly or across a public way) or abut a residentially used parcel outside the NRCC Neighborhood Mixed Use District. This section of the Ordinance sets additional requirements for development of those parcels. It is intended to create development in the NRCC Neighborhood Mixed Use District that will be compatible with the adjacent residentially zoned and used parcels and that will provide a transition and buffer between the adjacent residentially zoned and used parcels in the NRCC Neighborhood Mixed Use District. 1. Properties located within the Transitional Overlay District shall meet the following requirements: a. Height of Buildings: Buildings located within 50 feet of a residentially zoned or used parcel shall be a maximum of 40 feet in height or 3 stories. 282 CITY OF SALEM NOVEMBER 22, 2005 SPECIAL MEETING b. Loading Facilities: Loading facilities shall be located at the rear or side of the building and must be a minimum of 50 feet from abutting residentially zoned or used parcels so as to minimize the impact on the abutting residential parcels. c. Buffer Areas: A buffer zone is an area where no construction or destruction of land shall take place. A minimum buffer area of 50 feet is required from any residential use, conservation use, or residentially zoned parcel. The buffer area must include landscaping to shield the abutting residential properties. d. Fences/Boundary Walls-The maximum height of fences and boundary walls adjacent to residentially zoned or used parcels can be increased to 10 feet with special permit approval from the Planning Board 2. Properties located within the Transitional Overlay District that are also located on the North River but not the North River Canal, shall, in addition to the above requirements, also meet the following requirements: a. Loading Facilities: Loading facilities shall be located at the rear of the structure and must be a minimum of 50 feet from the river's edge. b. Preferred Uses Permitted As of Right: Water dependent uses, particularly- 1. Parks, open space, pedestrian facilities, and both public and commercial recreational facilities 2. Marinas, boat yards, boat basins, boat storage yards, yacht clubs, and other commercial and recreational boating 3. Shore protection structures such as seawalls, bulkheads and revetments 4. Flood, water level, or tidal control facilities 5. Marine industry, including marine terminals for the transfer between ships and shore, CITY OF SALEM 283 NOVEMBER 22, 2005 SPECIAL MEETING 6. facilities related to the construction, serving, maintenance, repair or storage of vessels or other marine structures, facilities for tug boats, barges, dredges or other vessels engaged in port operations or marina construction c. Non-Preferred Uses: All uses other than water-dependent uses, as described in Section 7-21 (m) (2b), are allowed in the Transitional Overlay District only by the issuance of a special permit from the Planning Board. Section 2. This Ordinance shall take effect as provided by City Charter. On the motion of Councillor Furey the meeting adjourned at 6.50 P. M. ATTEST: CHERYL A. LAPOINTE CITY CLERK