Civic Space Amendments Crosswalk-1 — File 211433

1 PROPOSED AMENDMENTS | SOMERVILLE ZONING ORDINANCE Civic Space Amendments Crosswalk Pg. Sec. Existing Pg. Sec. Change Reason 501 13.1.1 b. All development, excluding normal maintenance, requires the submittal of a development review application to the Building Official and the issuance of a Certificate of Zoning Compliance prior to the issuance of a Civic Space Permit. Text edited to match similar format in other locations

2 PROPOSED AMENDMENTS | SOMERVILLE ZONING ORDINANCE Pg. Sec. Existing Pg. Sec. Change Reason 501 13.1.2 2. Near Roadway Locations a. Intent i. To mitigate the potential long term public health impacts associated with exposure to airborne ultrafine particulates. b. General i. Notwistanding any in-lieu payments authorized elsewhere in this Ordinance, the Planning Board may permit an in lieu payment for up to one hundred percent (100%) of any civic space required for any development site located within five hundred (500) linear feet of the centerline of Interstate 93 Northern Expressway or three hundred (300) linear feet of the centerline of Massachusetts Route 28 by Special Permit. a). In addition to the review criteria for all Special Permits specified in §15.2.1.e. Review Criteria, the review board shall make findings considering the following in its discretion to approve or deny a special permit authorizing a payment in lieu of civic space: i). The current and projected future average weekday vehicle trips of the subject roadway. ii). The benefits of a civic space to the public as compared to the potential current and future exposure to airborne ultrafine particulates. Insert new proposed amendment Renumber existing subsections accordingly.

3 PROPOSED AMENDMENTS | SOMERVILLE ZONING ORDINANCE Pg. Sec. Existing Pg. Sec. Change Reason 495 12.3.3 3. Open Space In Lieu Payments a. Payment Calculation i. The in-lieu payment for open space is calculated as 5*(A*B) where: i). A is the square footage of open space not provided; and ii). B the average cost to acquire, design, and develop land as a civic space. ii. Payments in-lieu of open space must be paid to the Open Space Acquisition and Improvements Stabilization Fund. 495 12.3.3 3. Open Space In Lieu Payments a. Payment Calculation i. The in-lieu payment for open space is calculated as 5*(A*B) where: i). A is the square footage of open space not provided; and ii). B the average cost to acquire, design, and develop land as a civic space the average cost to improve land as landscaped open space. ii. The Director of Public Space & Urban Forestry shall calculate, publish on the City website, and annually update a fee schedule for the payment in lieu of open space. iii. Payments in-lieu of open space must be paid to the Open Space Acquisition and Improvements Stabilization Fund. Formula modified due to input from the City Solicitor Tasks Director of PSUF to establish fee, similar to already existing standard for civic space in lieu payments 495 12.3.4 a. Payment Calculation i. The in-lieu payment for civic space is calculated as 5*(A*B) where: i). A is the square footage of civic space not provided; and ii). B the average cost to acquire, design, and develop land as a civic space. ii. The Director of Public Space & Urban Forestry shall calculate, publish on the City website, and annually update a fee schedule for the payment in lieu of civic space. iii. All other payments in-lieu of civic space must be paid to the Open Space Acquisition and Improvements Stabilization Fund. 495 12.3.4 a. Payment Calculation i. The in-lieu payment for civic space is calculated as 5*(A*B) where: i). A is the square footage of civic space not provided; and ii). B the average cost to acquire, design, and develop land as a civic space. ii. The Director of Public Space & Urban Forestry shall calculate, publish on the City website, and annually update a fee schedule for the payment in lieu of civic space. iii. All other Payments in-lieu of civic space must be paid to the Open Space Acquisition and Improvements Stabilization Fund. Formula modified due to input from the City Solicitor Reference to “all other” is misplaced text.

4 PROPOSED AMENDMENTS | SOMERVILLE ZONING ORDINANCE Pg. Sec. Existing Pg. Sec. Change Reason 495 12.3.4.b b. Review Criteria i. Master Planned Development a). In addition to the review criteria for all Special Permits specified in §15.2.1.e. Review Criteria, the review board shall make findings considering the following in its discretion to approve or deny a special permit authorizing a payment in lieu of civic space: i). The goals and objectives of the City of Somerville Open Space Plan. ii). The availability and suitability of lots within a development site for development as a civic space. iii). The plausible availability of sites located elsewhere in the city that are suitable for development as civic space. iv). The need for funding to improve or maintain existing civic spaces, particularly athletic fields, located elsewhere in the city. 495 12.3.4.b b. Review Criteria i. Master Planned Development a). In addition to the review criteria for all Special Permits specified in §15.2.1.e. Review Criteria, the review board shall make findings considering the following in its discretion to approve or deny a special permit authorizing a payment in lieu of civic space: i). The goals and objectives of the City of Somerville Open Space Plan. ii). The availability and suitability of lots within a development site for development as a civic space. iii). The plausible availability of sites located elsewhere in the city that are suitable for development as civic space. iv). The need for funding to improve or maintain existing civic spaces, particularly athletic fields, located elsewhere in the city. Relocate to the MPD overlay district Section 8.3.6

5 PROPOSED AMENDMENTS | SOMERVILLE ZONING ORDINANCE Pg. Sec. Existing Pg. Sec. Change Reason 495 12.3.4.b ii. Contributing Lots in the MPD Overlay a). In addition to the review criteria for all Special Permits specified in §15.2.1.e. Review Criteria, the review board shall make findings considering the following in its discretion to approve or deny a special permit authorizing a payment in lieu of civic space: i). Consistency with the approved Urban Design Framework, as amended. ii). If receipt of an in-lieu payment is advantageous to the City in creating or preserving civic space as compared to the civic space that would have been otherwise provided. 495 12.3.4.b ii. Contributing Lots in the MPD Overlay a). In addition to the review criteria for all Special Permits specified in §15.2.1.e. Review Criteria, the review board shall make findings considering the following in its discretion to approve or deny a special permit authorizing a payment in lieu of civic space: i). Consistency with the approved Urban Design Framework, as amended. ii). If receipt of an in-lieu payment is advantageous to the City in creating or preserving civic space as compared to the civic space that would have been otherwise provided. Relocate to the MPD overlay district Section 8.3.6 389 390 3.8.6.a ii. In addition to the review criteria for all Special Permits specified in §15.2.1.e. Review Criteria, the review board shall make findings considering the following in its discretion to approve or deny a special permit authorizing a payment in lieu of civic space: a). The availability and suitability of lots within a development site for development as a civic space. b). The plausible availability of sites located elsewhere in the city that are suitable for development as civic space. c). The need for funding to improve or maintain existing civic spaces, particularly athletic fields, located elsewhere in the city. Reloacted from Section 12.3.4

6 PROPOSED AMENDMENTS | SOMERVILLE ZONING ORDINANCE Pg. Sec. Existing Pg. Sec. Change Reason 390 3.8.6.b.i a). In addition to the review criteria for all Special Permits specified in §15.2.1.e. Review Criteria, the review board shall make findings considering the following in its discretion to approve or deny a special permit authorizing a payment in lieu of civic space: i). If receipt of an in-lieu payment is advantageous to the City in creating or preserving civic space as compared to the civic space that would have been otherwise provided. Reloacted from Section 12.3.4 390 3.8.6.b ii. The Planning Board may permit an in-kind off-site contribution for up to one hundred percent (100%) of the civic space required in each sub area by Special Permit. a). In addition to the review criteria for all Special Permits specified in §15.2.1.e. Review Criteria, the review board shall make findings considering the following in its discretion to approve or deny a special permit authorizing an in-kind off-site contribution of civic space: i). If the in kind contribution is a net benefit to the public as compared to the civic space that would have been otherwise provided. iii. The location of the in-kind off- site contribution must be located within one-quarter (1/4) mile of the development site originall y required to provide civic space. Insert new proposed amendment Renumber existing subsections accordingly.