12.09 MPD & Boynton — File 212309

CITY OF SOMERVILLE ORDINANCE NO. 2021-XX In City Council on Month, XX, 2021 Be it ordained by the Somerville City Council in session assembled, that the Somerville Zoning Ordinance is amended as attached. Existing text that is deleted is crossed-out and new text is underlined.

391 SOMERVILLE ZONING ORDINANCE | 08/22/21 8. Overlay Districts Master Planned Development (MPD) 8.4 MASTER PLANNED DEVELOPMENT (MPD) 1. Intent a. To implement recommendations of SomerVision for transformational redevelopment. b. To implement design-based neighborhood and station area plans called for by SomerVision. 2. Purpose a. To require a Master Plan Special Permit for all development requiring subdivision. b. To require a Master Plan Special Permit for the coordinated development of two or more lots. c. To permit real property that is not subject to an approved Master Plan Special Permit to develop by Special Permit. d. To permit development in accordance with zoning districts or dimensional standards that would not otherwise be available to real property outside of the MPD overlay. e. To require that thoroughfares and civic spaces developed in each sub area are dedicated to the public. f. To require buildings developed in each sub area to be environmental sustainable. g. To require that any off-street motor vehicle parking be provided in underground commercial parking structures. 3. Applicability a. This Section is applicable to all real property within the Master Planned Development (MPD) overlay district as shown on the maps of the Official Zoning Atlas of the City of Somerville. b. The provisions of each MPD sub-area are applicable to real property as shown on the maps for each sub area. c. The provisions of this Section supplement or supersede the provisions of the districts upon which it is superimposed. Where the provisions of this Section conflict with those found elsewhere in this Ordinance, the provisions of this Section apply. d. Development entitlement under this section is only applicable to real property following adoption of an urban design framework by the Planning Board for the sub-area where the property is located. 4. Urban Design a. The Planning Board shall adopt an Urban Design Framework for each sub-area specified in this Section, excluding the North Point sub-area. b. An Urban Design Framework may be adopted as part of a more comprehensive neighborhood plan or as a stand alone policy document. c. An Urban Design Framework must include, but may not be limited to, the intended alignment and connectivity of thoroughfares, ideal location and type of civic spaces, and identification of advantageous sites for different building types permitted by the regulatory maps for each sub-area. 5. Development Review a. General i. Development entitlement under this section requires one of the following: a). Master Planned Development: A Master Plan Special Permit issued prior to and as a prerequisite to any Subdivision Plan Approval, Site Plan Approval, or Special Permit required elsewhere in this Ordinance; or b). Contributing Lot: a Special Permit issued in addition to and simultaneous with the Site Plan Approval required for a building type or civic space. b. Master Planned Development i. Proposed development involving the subdivision of a development site or the development of two (2) or more lots requires a Master Plan Special Permit. ii. Previously permitted development may be included in a development site and proposed build out of a Master Plan, provided that the date of the first certificate of occupancy, civic space permit, or thoroughfare permit for the subject real property is within two (2) years of the decision date of the master plan special permit. c. Contributing Lots i. Development as a contributing lot is prohibited for any lot subject to an approved Master Plan Special Permit and may be restricted by the provisions of a specific sub area. 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 development of a contributing lot: a). Consistency with the approved Urban Design Framework for the sub-area where the property is located. 6. In-Lieu Payments a. Master Planned Development i. The Planning Board may permit an in lieu payment for up to ten percent (10%) of the civic space required in each sub-area by Special Permit in accordance with Section 12.3 Buyouts & Payments. b. Contributing Lots i. The Planning Board may permit an in lieu payment

392 | SOMERVILLE ZONING ORDINANCE 08/22/21 8. Overlay Districts Master Planned Development (MPD) for up to one hundred percent (100%) of the civic space required in each sub-area by Special Permit in accordance with Section 12.3 Buyouts & Payments. 7. Master Plan Standards a. Submitted master plans must include a sustainability component that details the following: i. Identification of all master plan scale efforts to mitigate climate change impacts identified in Somerville’s Climate Change Vulnerability Assessment in relation to the design, construction, and occupancy or use of all thoroughfares, civic spaces, and buildings. ii. A carbon neutral pathway assessment. iii. A storm water management and green infrastructure plan. b. Submitted master plans must include development phasing commitments and proposed contingencies as a basis of a performance bond. 8. Thoroughfares & Civic Spaces a. Required and recommended thoroughfares and civic spaces are shown on the regulating maps for each sub- area. i. Required thoroughfares and civic spaces are mandatory and necessary to implement the approved plan for each sub-area. ii. Recommended thoroughfares and civic spaces are ideal, but not mandatory. b. Thoroughfares and civic spaces are subject to the provisions of Article 13: Public Realm of this Ordinance. c. All thoroughfares, excluding alleys, and all civic spaces must be dedicated to the public in perpetuity by a covenant or other deed restriction. d. Civic space created through easement or decommissioning of an existing thoroughfare or other abutting right-of-way may be counted toward the required amount of civic space. 9. Development Standards a. Sustainable Development i. Laboratory buildings must be LEED Platinum certifiable. ii. All other building types must meet the following: a). No on-site combustion for HVAC system operation; b). No on-site combustion for cooking equipment, excluding Eating & Drinking Establishment principal uses; and c). Be certifiable as: i). Zero Carbon or higher from the International Living Future Institute; or ii). PHIUS+ from the Passive House Institute US or Passive House Institute. iii. All new principal building types must include a green roof, photovoltaic (PV) devices, or both for 100% of the roof area not occupied by building systems equipment or required outdoor amenity spaces. 10. Parking & Mobility a. Type i. Unless otherwise specified, motor vehicle parking must be provided as underground structured parking. All other types of parking are prohibited. b. Parking Maximums i. The maximum number of off-street parking spaces and reserved parking spaces permitted for each sub-area is specified in the provisions for each sub- area. ii. The maximum number of off-street parking spaces and reserved parking spaces permitted in each sub- area is reduced by the number of off-street parking spaces and reserved parking spaces provided on any lot in each sub-area. c. Parking Relief i. The maximum number of off-street parking spaces in each sub-area may be exceeded 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 increase in the maximum number of off-street parking spaces serving development within the MPD overlay district: i). That the amount of commercial floor space included in the proposal has resulted in an increase in the estimated parking demand necessary for the full build out of development. b). The Planning Board shall use a demand model provided by the Director of Mobility to determine the appropriate number of parking spaces necessary to meet the increased demand. c). The Planning Board shall require a Mobility Management Association (i.e. Transportation Management Agency) to be constituted by a date of its choosing as a condition of the Special Permit approval. i). The mobility management association must be empowered to set the prices and policies for the rent or lease of any vehicular parking operated as a commercial service use within each sub-area. ii. The maximum number of reserved parking spaces

393 SOMERVILLE ZONING ORDINANCE | 08/22/21 8. Overlay Districts Master Planned Development (MPD) may be exceeded with the payment of a fee. a). The Planning Board shall establish and annually update a fee schedule based on the recommendations of the Director of Mobility in relation to the estimated cost to build structured parking and the cost of offsetting the impact of unshared parking. iii. The Planning Board shall establish an expiration date for any parking spaces approved but not built within a particular time frame as a condition of the approved Special Permit. d. Parking Access i. Access for motor vehicles, loading, and service to new blocks and individual lots must be from an alley. The configuration of alleys internal to a block must conform to §10.1.5 Alley Access. 11. Alternative Compliance a. Master Planned Development i. The Planning Board may permit an in lieu payment for up to ten percent (10%) of the civic space required in each sub-area by Special Permit in accordance with Section 12.3 Buyouts & Payments. 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. b. Contributing Lots i. The Planning Board may permit an in lieu payment for up to one hundred percent (100%) of the civic space required in each sub-area by Special Permit in accordance with Section 12.3 Buyouts & Payments. 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. 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 originally required to provide civic space.

395 SOMERVILLE ZONING ORDINANCE | 08/22/21 8. Overlay Districts Master Planned Development (MPD) 13. Boynton Yards (BY) Sub-Area a. Intent i. To implement the Boynton Yards Urban Design Framework adopted by the Planning Board. b. Purpose i. To permit denser development than would otherwise be permitted in the Mid-Rise district. ii. To permit taller and denser development than would otherwise be permitted in the High-Rise district. iii. To require a minimum percentage of developed floor space to be set aside for occupancy by non- residential principal uses. iv. To constrain the supply of motor vehicle parking spaces to encourage the use of public transit, bicycles, and walking in lieu of driving. c. Applicability i. This section is applicable to all real property shown on Map 8.3.12 (a). ii. Zoning districts shown on map 8.3.12 (a) supersede those shown on the maps of the Official Zoning Atlas of the City of Somerville for development complying with the provisions of the BY sub-area. d. Development Review i. In addition to the review criteria for all Site Plan Approval specified in §15.3.2.e. Review Criteria, the review board shall make findings considering the following: a). Consistency with the approved Urban Design Framework for the sub-area where the subject property is located. b). Conformance with any approved Master Plan Special Permit and any other Special Permits applicable to the subject lot. e. Master Planned Development i. At least twenty percent (20%) of the development site, excluding thoroughfares, must be provided as one or more civic spaces. ii. At least seventy-five percent (75%) of the total proposed gross floor area must be reserved for non-residential uses. a). At least ten percent (10%) of the total proposed non-residential gross floor area must be reserved for Arts & Creative Enterprise principal uses. b). At least five percent (5%) of the total proposed non-residential gross floor area, but not more than twenty thousand (20,000) gross square feet and no less than ten thousand (10,000) gross square feet, must be reserved for a Community Center principal use. Map 8.3.12 (a) Sub-Area Boundary and Superseding Zoning Districts Key Mid Rise 5 High Rise Fabrication

396 | SOMERVILLE ZONING ORDINANCE 08/22/21 8. Overlay Districts Master Planned Development (MPD) iii. The total proposed non-residential gross floor area must equal at least three hundred and seventy five (375) square feet of non-residential gross floor area for each proposed dwelling unit. iv. Any development site that includes lot MBL 96/A/6 must reserve at least one hundred thousand (100,000) square feet of leasable floor area for Arts & Creative Enterprise principal uses. f. Contributing Lots i. At least twenty percent (20%) of the development site, excluding thoroughfares, must be provided as one or more civic spaces. ii. At least seventy-five percent (75%) of the gross floor area of any building type must be reserved for non-residential uses. a). At least ten percent (10%) of the total proposed non-residential gross floor area must be reserved for Arts & Creative Enterprise principal uses. iii. At least three hundred and seventy five (375) square feet of non-residential gross floor area must be provided for each proposed dwelling unit. iv. Any development site that includes lot MBL 96/A/6 must reserve at least one hundred thousand (100,000) square feet of leasable floor area for Arts & Creative Enterprise principal uses. g. Thoroughfare Network i. Required and recommended thoroughfares are shown on Map 8.3.12 (b). ii. The center line of any required thoroughfare may be moved up to twenty (25) feet, so long as: a). the center line of West Ward Street is at least one hundred and forty (140) feet from both reference points along the MBTA right-of-way; b). West Ward Street intersects with Webster Avenue in the west and Harding Street in the east; c). the center line of South Street is at least one hundred and forty (140) feet from both reference points along the municipal boundary with Cambridge; d). South Street intersects with Webster Avenue in the west; e). all required thoroughfares intersect with other thoroughfares, forming a network; and f). all intersections are at least one hundred (100) feet from any other intersection, unless granted a waiver by the Planning Board. h. Civic Space i. A public common or public square civic space type must be provided within the required civic space Map 8.3.12 (b) Thoroughfares & Civic Spaces KEY Required Thoroughfare   Reference Point Required Civic Space

397 SOMERVILLE ZONING ORDINANCE | 08/22/21 8. Overlay Districts Master Planned Development (MPD) area indicated on Map 8.3.12 (b). a). The public common or public square provided must be at least fifty-two thousand (52,000) square feet and abut both West Ward Street and South Street, See Article 11 Public Realm for more information. b). Development sites including only a portion of the civic space area indicated on Map 8.3.12 (b) may propose to provide only a portion of the required civic space provided that the subsequent development of other site(s) in the civic space area can combine to produce the total required fifty-two thousand (52,000) square feet of civic space. i. Building Standards i. The standards of Table 8.3.12 (a) supersede specific dimensional standards for building types permitted by the zoning district shown on the regulating maps of this Section. j. Use Provisions i. The standards of Table 8.3.12 (b) supersede the table of permitted uses for the High-Rise district for development subject to an approved Master Plan Special Permit. ii. Accessory motor vehicle parking for customers of retail sales or food & beverage service uses is prohibited for real property in any MR district shown on Map 8.3.12 (a), but may be provided for employees. iii. 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 manufacturing principal use: a). Capacity of the local thoroughfare network providing access to the site and impact on pedestrian, bicycle, and vehicular traffic and circulation patterns in the neighborhood. b). Methods or techniques for noise mitigation to limit noise for other users of the building and abutting properties. k. Parking & Mobility i. The maximum number of off-street parking spaces in the BY sub-area may not exceed one thousand five hundred (1,500) spaces. ii. Up to three hundred (300) off-street parking spaces may be provided as reserved parking spaces. a). Car-share parking spaces are exempt. iii. Off-street motor vehicle parking spaces may be provided as surface parking on a revolving two (2) year basis for real property in any HR district shown on Map 8.3.12 (a) 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 Table 8.3.12 (a)  Superseding Dimensional Standards MR5 HR Lot Standards Open Space (min) none none Massing & Height Building Height, Stories (min) -- 6 stories Building Height, Stories (max) -- -- General Building -- none Commercial Building -- none Lab Building -- none Mid-Rise Podium Tower -- -- Point Tower -- none Block Building -- -- Tower(s) -- none Building Height, Feet (max) -- -- General Building -- none Commercial Building -- none Lab Building -- none Mid-Rise Podium Tower -- -- Point Tower -- none Block Building -- -- Podium -- -- Tower(s) -- none Uses & Features Density Factor (min) none none Table 8.3.12 (b)  Superseding Permitted Uses Use Category Specific Use HR Industrial Dry Cleaning or Laundry Services SP Manufacturing SP P - Permitted SP - Special Permit Required N - Not Permitted

398 | SOMERVILLE ZONING ORDINANCE 09/01/21 8. Overlay Districts Master Planned Development (MPD) considering the following in its discretion to approve or deny a special permit authorizing an interim surface parking lot: i). Documented un-met demand for parking; ii). The development schedule and phasing for development subject to a Master Plan Special Permit; iii). The capacity of the local thoroughfare network providing access to the site; and iv). The impact of the parking lot on pedestrian, bicycle, and motor vehicle traffic and circulation patterns in the neighborhood. l. Contextual Design i. Purpose a). To provide an increased rear setback between new construction and existing buildings by decreasing the required front sidewalk width and reducing floor area use requirements due to a restricted floorplate. ii. Applicability a). This section is applicable to any lot within the High-Rise district shown on Map 8.3.12 (a) that also abuts any other lot with a principal building that is noncompliant to its required minimum rear setback. iii. Building Standards a). Notwithstanding Sections 5.1 and 8.5.13.i, the principal building must have a minimum rear setback of twenty (20) feet. b). Development of any building type may deviate by up to five percent (5%) from the numeric value of the following dimensional standards: i). Front building setbacks (min) ii). Facade build out (min) iii). Floor plate (max) iv. Use Provisions a). Notwithstanding Section 8.5.13, five percent (5%) of the total non-residential gross floor area must be reserved for Arts & Creative Enterprise principal uses. v. Public Realm a). Notwithstating Section 5.1.18, for any lot abutting a sidewalk that is less than twelve (12) feet in width, the main massing of the principal building must be set-back and the frontage area paved to provide a sidewalk that is at least twelve (12) feet in total width.