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Home My WebLink About2012 ATM RPT art 35-37 - PB rpt Town of Lexington 0B Planning Board 1B Richard L. Canale, Chair 1625 Massachusetts Avenue Gregory Zurlo, Vice Chair Lexington, MA 02420 Michelle Ciccolo, Clerk Tel (781) 862-0500 Ext. 245 Charles Hornig Facsimile (781) 861-2748 Wendy Manz planning@lexingtonma.gov REPORT TO THE 2012 ANNUAL TOWN MEETING ARTICLES 35 – 37 Amend the Zoning Bylaw March 2012 The Planning Board Report to Town Meeting conveys the Planning Board’s positions on the articles. It contains details regarding the proposals that are intended to inform decision-making and to provide helpful knowledge to the public and all interested parties. Recommended ArticleDescriptionMotion Action 35Amend Zoning Bylaw - Residential Use in the CB Zone APPROVEp. 5 36Amend Zoning Bylaw - Home Occupations in the CB Zone APPROVEp. 7 APPROVEp. 10 37Amend Zoning Bylaw - Height in the CB Zone This report was accepted by vote of the Planning Board on March 21, 2011. Richard Canale, Chair Gregory Zurlo, Vice Chair Michelle Ciccolo, Secretary Charles Hornig Wendy Manz BACKGROUND 2B The Planning Board in collaboration with the Center Committee is recommending three changes in the zoning for the Central Business (CB) District, increasing smart growth opportunities by allowing: Residential use above the ground floor; People in those residences to conduct home occupations; and Increased maximums for height and floor area ratio (FAR). These amendments to the Zoning Bylaw are the result of ongoing work by the Center Committee to keep Lexington Center a vibrant community asset as well as an attractive place to do business. The Planning Board has been working with the Center Committee in its efforts. These articles build on work and discussions that have been taking place in the town for many years. Consistency with the Lexington 2020 Vision . In 1998 Vision 2020 was launched, with a charge to develop UU a framework for community input to determine what the community will look like in the year 2020. Themes, goals and recommended actions came out of the community process. The goals and actions, grouped into five thematic areas, were validated and revised through ongoing community input. Together they provide an important context for municipal decision-making and discussion of present issues. Themes I and III have physical manifestations and are pertinent here. Theme I “Promote and Strengthen Community Character” calls for zoning business and commercial districts to encourage a “whole community” viewpoint for residents, shopping, work and leisure. This includes providing increased housing options to promote diversity of income and age. Section 7 of Theme III “Sustain and Enhance Physical Character and the Larger Environment” is about encouraging economic development and lays out the following goals: a.Maintain a town where it is possible for small businesses to start and continue. b.Clarify vision/focus for vibrant downtown Center and update old regulations to help realize it. (This particular goal was informed by a charrette on the Center held in July of 2005 where participants expressed visual preferences by voting on various images. Taller buildings were favored by most participants.) c.Maintain vital Center with affordable housing (partially subsidized by parking) and accessibility to businesses. d.Preserve Central Business District by encouraging economic development as well as staying connected to the character of the town. e.Provide economic development assistance for local businesses. f.Revitalize Center businesses. g.Bring in more businesses. Consistency with the Comprehensive Plan . Following the 2020 process, the Town produced a UU Comprehensive Plan between 2000 and 2003. The changes being proposed are consistent with the Comprehensive Plan, which gives priority to actions serving multiple plan elements, as outlined below. As the Land Use element of the Comprehensive Plan explains, Lexington's land use pattern reflects the history of the town's growth as a classic suburban community with a commercial center around a historic railroad depot, compact residential development near the center, and lower density residential development elsewhere. Lexington's land use pattern is fully established, so land use issues now center on succession uses involving redevelopment and intensification. There is essentially no vacant land in Lexington Center, but intensification of existing uses is possible and is the point of these bylaw changes. The Comprehensive Plan’s Natural and Cultural Resources Element urges that the town moderate auto usage, suggesting that mixed land use can materially reduce auto trip numbers and length. Strengthening Planning Board Report on Articles 35-37 1 transportation demand management through site design, facilitation of alternative modes usage and creation of a regional transportation management organization can lend further support. Broadening opportunities for producing housing, especially where that production is likely to include housing that is relatively affordable and likely to encourage diversity of income and household size, is a tenet of the Comprehensive Plan’s Housing Element. It specifically mentions allowing housing in the Center as well as allowing higher density near good transportation. The Center has more transportation options than any other district in the Town. The Economic Development Element of the Comprehensive Plan reiterates some of the goals and actions of the other elements such as revising zoning to allow residential use in Lexington Center and encouraging economic development in ways that moderate auto usage and promote accessibility to jobs and services for Lexington residents. It also talks of broadening allowed use of homes for work as well as living, reflecting new economic trends and technologies. Home occupations were also seen as a way to support homeowners’ efforts to afford housing. Consistency with Smart Growth Principles - The measures being proposed by the Center Committee and UU the Planning Board make our town part of a larger community trying to foster smart growth. They are consistent with the Commonwealth’s “Sustainable Development Principles” as well as the National Governors’ Association “Smart Growth America” goals, which are outlined below. As you can see these smart growth goals are very similar to the goals the Town arrived at through its 2020 Vision process and the Comprehensive Plan. a.Mix Land Uses b.Take Advantage of Existing Community Assets c.Create a Range of Housing Opportunities and Choices d.Foster “Walkable” Close-knit Neighborhoods e.Promote Distinctive, Attractive Communities with a Strong Sense of Place. f.Make Development Decisions Predictable, Fair and Cost-Effective. Planning Board Report on Articles 35-37 2 ARTICLE 35 Amend Zoning Bylaw – Residential Use in the CB Zone 3B RECOMMENDATION 4B APPROVED The Planning Board recommends that the motion under Article 35 be . BACKGROUND 5B The original zoning ordinance in 1924 designated Lexington Center as a C1 (Business) District. In addition to business uses, all the uses allowed in the residential districts at the time were also allowed in the C1 district. These residential uses continued to be permitted in the Central Business District (CBD) until the mid 1980’s. In 1986, Town Meeting removed from the Zoning Bylaw the section allowing apartments on the second and third floors of commercial buildings in the CBD (Article 44, debated on April 16, 1986). Article 44 dealt primarily with adding a section in the bylaw to permit the development of a congregate living facility in the single-family and two-family zoning districts. The provision regarding apartments above retail stores was removed from the bylaw simply to “make room” for the new section. There was no discussion of the apartment issue during the Town Meeting debate on Article 44. All the discussion on the Article pertained to the congregate housing provision. Essentially, economic conditions in 1986 as well as changing priorities (i.e. the interest in permitting congregate housing facilities) drove the removal of apartments as a use in Lexington Center – not an expressed desire to remove housing from the CBD. While the Planning Board’s report assumed that future mixed-use development would not be located in Lexington Center (because of the high cost of land), it does not expressly reject the idea, and even welcomed it if it made economic sense. It now makes economic sense to have residential property in the Center as proven by the redevelopment of the Battle Green Inn into the mixed-use Lexington Place. The economics were such that even with the stringent and expensive CD rezoning process, residential use was viable. The arguments made in favor at the time of that CD rezoning still hold true when considering residential use in the Center. Residential use in the Center has the potential to: Increase the level of pedestrian activity in the Center, both in numbers and duration; Respect the Center’s historical character while responding to 21st century market factors; Provide an alternative housing type that would be responsive to Lexington’s aging demographic profile; Provide more tax revenue to the town than the school and municipal expenses it would generate; Encourage use of alternative modes of transportation by its proximity to the same; and, Generate substantially lower traffic volumes and parking demand than a mix of retail and office uses. The possibility of allowing use of the street level for residential use if it were not store front space was explored but is not being brought forward. The goal of the maintaining an active, pedestrian street level might be compromised and it was felt to be important to maintain as much of our limited retail commercial space as possible. EXPLANATION OF MOTION 6B A multi-part motion is required to allow residential use in the CB district. The first step is to split the CB/CLO column that is in Table 1 “Permitted Uses and Development Standards” so that the CLO District and the CB district are listed separately. All uses are to remain the same in both districts with the exception of the newly allowed residential use. A line in the Table of Uses that is now marked “reserved” will be used for the new use “Dwelling unit above the street level floor in a commercial or institutional building.” All districts Planning Board Report on Articles 35-37 3 except the CB will be marked with “N” indicating that this use is not allowed, while the entry for the CB will be “Y” indicating the use is allowed. A prior version of this motion presented at the public hearing allowed residential use in street level space as long as it was not center storefront space. Although the Planning Board and the Center Committee decided not to propose allowing residential use on the street level, this motion retains a technical correction: The definition of “center storefront” is removed from a line in the Table of Uses and placed in the definition section where one would expect to find it. It will be inserted in the Definition section after the definition of “CELLAR.” This technical correction makes no change other than a more logical placement of a definition. Planning Board Report on Articles 35-37 4 MOTION FOR ARTICLE 35 7B That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington, be amended as follows: 1.In Part A of Table 1 “Permitted Uses and Development Standards,” split the column labeled “CB CLO” into two columns, and re-label one column as “CB” and the other column as “CLO”. All uses in the new CLO column will remain the same as previously allowed in the CB CLO column, and all uses in the new CB column will remain the same as previously allowed in the CB CLO column, except as noted below. 2.In Part A of Table 1 “Permitted Uses and Development Standards” delete “(Reserved)” from Line 1.16 and replace it with “Dwelling unit above the street level floor in a commercial or institutional building”. Insert “Y” in the column labeled CB Zone and insert “N” in all other columns. So that the amended section of Table 1 will now appear as follows: LineRORTRMRD*CNCRSCSCBCLOCROCM RS … 1.16Dwelling unit NNN N N N N Y N N N above the street level floor in a commercial or institutional building 3.In Part B of Table 1 “Permitted Uses and Development Standards,” Line 6.21, delete the sentence “A center store front is defined as the portion of the ground floor level of a building in the CB District that has frontage on a public way or a public parking lot.” So that the amended Line 6.21 will now read as follows: LineCN CRS CS CB CLO CROCM 6.2Development Standards 6.21Office located on a street level floor (*In CB District, office shall not be permitted in a YNNSP*YYY center store front.) 4.In Article II “Definitions”, insert the definition of “CENTER STORE FRONT” after the definition of “CELLAR”. Said definition to read as follows: CENTER STORE FRONT – The portion of the ground floor level of a building in the CB District that has frontage on a public way or a public parking lot. Planning Board Report on Articles 35-37 5 ARTICLE 36 Amend Zoning Bylaw- Home Occupations in CB Zone RECOMMENDATION 8B APPROVED The Planning Board recommends that the motion under Article 36 be . BACKGROUND 9B This article would allow residents living in the Center to conduct home occupations. The Bylaw currently allows home occupations in residences in any district where a primary residential use is allowed, including in the CN district. There seemed no reason to be more restrictive of commercial use in conjunction with a residential use in the primarily commercial Central Business District than with the same commercial use in a solely residential district. The special permit requirement for a major home occupation was felt to be unnecessary in the CB district as other commercial uses with potentially greater impact are allowed by right in that district. A property owner would still retain the ability to control what uses would be allowed in the units under his/her control. Planning Board Report on Articles 35-37 6 MOTION FOR ARTICLE 36 That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington, be amended as follows: 1.In Part A of Table 1 “Permitted Uses and Development Standards,” Line 1.24 under the column labeled “CB”, as created by action under Article 35, insert “Y”; 2.In Part A of Table 1 “Permitted Uses and Development Standards,” Line 1.251 under the column labeled “CB”, as created by action under Article 35, insert “Y”; and 3.In Part A of Table 1 “Permitted Uses and Development Standards,” Line 1.252 under the column labeled “CB”, as created by action under Article 35, insert “Y.” So that the section of Table 1, as amended, will appear as follows: LineRORTRMRD*CNCRSCSCBCLOCROCM RS … 1.24Home occupation, instructionYYY SP Y N N Y N N N (See §135-25.1) 1.251 Home occupation, YYY SP Y N N Y N N N minor (See §135-25.1) 1.252 Home occupation, SPSPSP SP N N N Y N N N major (See §135-25.1) 4.In Article II “Definitions” delete the words “subjectto a special permit” from the definition of “HOME OCCUPATION, MAJOR” so that the amended definition will now read as follows except that the interlineated items are shown for illustrative purposes only to show deletion and will not appear in the Zoning Bylaw as amended under this motion: HOME OCCUPATION, MAJOR – A home occupation subject to a special permit with no more than one nonresident employee, partner, or contractor working on the premises; and no more than 10 business-related visitors to the premises over the course of a day. Planning Board Report on Articles 35-37 7 ARTICLE 37 Amend Zoning Bylaw- Height in CB Zone 10B RECOMMENDATION 11B APPROVED The Planning Board recommends that the motion under Article 37 be . BACKGROUND 12B This article proposes a height of 45’, a Floor Area Ratio (FAR) of 2.4, and no limitation on the number of stories for buildings in the Center Business District. Prior to 1950, the zoning bylaw does not appear to have included height restrictions in any commercial zones. An article at the 1950 Town Meeting enacted a height restriction of 55 feet for buildings in the C2 zone (Lexington Center’s zone at the time). In 1962, the height regulations in the C2 districts were reduced to three full stories and 45 feet. At the 1984 Town Meeting, height restrictions in the CB zone (Lexington Center’s zone) were changed to two stories and 30 feet. The change in maximum building height was offered in part as a reaction to a new building at 1666 Massachusetts Avenue (the building that now contains Lexx). Many residents were surprised that the building was within the allowable height limits in the Center. The Planning Board’s report on the article noted that the “major issue is what the size and scale of buildings in Lexington Center should be.” The Planning Board also believed that the height amendment would have an indirect effect on land use and parking in the Center. In 2002, Town Meeting voted to change the way the town determines the height of a building. This amendment effectively lowered the allowed height of any new buildings in Lexington. Allowing greater height and therefore more stories is in keeping with the past. The Comprehensive Plan talks of respecting the history and character of the town. Increasing the allowed height is in keeping with the historic context of the Center. The Appendix shows some of the buildings in an earlier Center. Zoning History of Height Regulations in the Center 13B 1924: No limit 1950: 55 feet 1962: 45 feet, 3 stories 1984: 30 feet, 2 stories 1987: 25/30 feet, 2 stories 2002: Height measured to peak rather than mid-point of a sloped roof 2012 Proposal: 45 feet The proposal now before Town Meeting, to increase the allowed height to 45 feet, is in keeping with planning theory that holds that streets should be bound by buildings of an appropriate height based on the width of the street. According to St. Louis’ Great Streets Initiative, “Buildings with less than two-stories fail to create a sense of enclosure and space. Generally, wider streets require taller street walls.” The table below outlines some desirable street enclosure ratios. These are considered from a pedestrian’s point of view, although height of buildings can affect automobile traffic as well. A car is less likely to speed through a place that provides a sense of enclosure. Desirable Street Enclosure Ratios (Building Height to Street Width) 14B Alexander, Ishikawa and Silverstein 1:1 “ideal” Planning Board Report on Articles 35-37 8 R. Arndt 1:2 – 1:3 “ideal” Hedman 1:1 – 1:2 “ideal” Lynch and Hack 1:4 minimum 1:2-1:3 “ideal” A. Jacobs 1:2 minimum 1:1 “ideal” CURRENT PROPOSAL 1:2.2 The Floor Area Ratio (FAR) is being increased to allow more development within the Center, leading to a more active, vibrant Center. FAR combines horizontal and vertical limits into a single figure, permitting flexibility in building design, while achieving a limit on overall size. Height and setbacks create the three- dimensional space in which to distribute allowed floor area. The FAR constrains how much of that space may be filled with a building. Due to an inverse relationship between height and site coverage, in general as site coverage is increased the height of the building will decrease. In Lexington FAR is calculated using the net floor area of the structures divided by the developable area of the lot. The net floor area can be calculated by the use of actual measurements for the individual property, or be taken as 80% of the gross floor area. In the CB there are no wetlands so developable area is equal to lot area. Basements and cellars count toward the net floor area unless used for parking or mechanicals. This expresses itself as the following equation: FAR = net floor area / developable land area = 0.8 x gross floor area / developable land area = 0.8 (lot coverage x number of floors) / lot area The 45’ height limit and 2.4 FAR provide an envelope in which a building may be placed. While the zoning envelope more than doubles, the FAR increases by only 20%. When taken together, this provides the design flexibility needed to create a stronger streetscape. Although there are properties that approach 100% lot coverage, under current zoning rules no building could ever be at 100%, as there is a minimum rear yard of 10 feet. Due to the 45' height limit, no more than four visible stories could ever be built. Both site coverage and FAR of existing buildings in the CB district vary widely. For example, 15 Muzzey Street has a site coverage of 13% and a FAR of 0.3, while 1777 Massachusetts Avenue (Citizen’s Bank) covers 81% of its site and has a FAR of 1.9. Below is a table summarizing FAR in the CB District, for more detail please see the Planning Department’s supplemental data. 16 14 12 10 8 Existing FAR Distribution in the CB 6 4 2 0 up to: 0.250.501.001.251.501.75More MOTION FOR ARTICLE 37 15B That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington, Table 2 “Schedule of Dimensional Controls” in the CB District column be amended as follows: Planning Board Report on Articles 35-37 9 1.In the line labeled “Maximum floor area ratio (FAR)”, delete“ 2.0” and replace with “2.4”; 2.In the line labeled “Public and institutional buildings, maximum height: In stories”, delete “2” and replace with “NR”. 3.In the line labeled “Public and institutional buildings, maximum height: In feet”, delete “30 and replace with “45”. 4.In the line labeled “Other buildings, maximum height: In stories”, delete “2” and replace with “NR”. 5.In the line labeled “Other buildings, maximum height: In feet”, delete “25” and replace with “45”. So that the sections of Table 2, as amended, will appear as follows, except that the interlineated items are shown for illustrative purposes only to show deletions and will not appear in the zoning Bylaw as amended under this motion: DistrictsRORS RMCNCRSCS CBCLOCROCM && RTRT … 2.0 Maximum floor area ratio 0.35(h NR(i)NR(i)NR(i)0.20 0.20 0.20 2.40.250.15 (FAR) ) … Public and institutional buildings, maximum height: In stories: 2.52.52.53332 NR 33NR In feet: 40404045454530 45 454565(h) Other buildings, maximum height: In stories: 2.52.5NR1222 NR 23NR In feet: 40404015252525 45 304565(h) Planning Board Report on Articles 35-37 10 Appendix: Older Buildings in the Center 16B w;[;ãzm·IÒ;r w;[;ãzm·IÒ;r t©;;·5ä/{{z·; h7ÞIr h7ÞIr t©;;·5ä/{{z·; Planning Board Report on Articles 35-37 11 w;/;·©.-r w;/;·©.-r ;·E9;©ät© w;IÒ·.-r w;IÒ·.-r 9·E9;©ät© Planning Board Report on Articles 35-37 12 [;ãzm·{Ýzm.r-u [;ãzm·{Ýzm.r-u t©;;·5ä/z·zé;x. Planning Board Report on Articles 35-37 13