Pavilion Mercato LLC

OUR PLAN
Since 1906 we have been proud participants in Gloucester’s working waterfront. Our purchase of the Birdseye property will not change that. We’re comfortable with the present full industrial use of the property, and will actively seek industrial tenants. We also plan to work with our neighbors on the Fort to develop consensus about the long term industrial, commercial and residential opportunities this wonderful site affords. Our primary aim will always be to achieve revitalization, not gentrification. Using 21st century engineering and technology, we will work hard to accomplish a creative reuse of the Birdseye property in a manner that enhances the sustainable long term vitality of all of downtown while being respectful of the values and traditions of the community.
 

continue the Planning Board Recommendations: - pg 1 - pg 2 - pg 3 - pg 4 - pg 5 - pg 6


November 12, 2010
5.25 BIRDSEYE MIXED-USE OVERLAY DISTRICT
5.25.1 Purpose
It is the purpose of the Birdseye Mixed-Use Overlay District (BMOD) to encourage the best use of properties within its bounds – physically, economically, environmentally and socially. The BMOD is designed to strengthen the area's existing industrial uses and infrastructure by permitting the development of compatible businesses, a limited number of residences and other supporting uses which typically comprise a healthy urban environment, consistent with the goals of the City's Community Development Plan, dated August 13, 2001 , and its Harbor Plan, dated December 11, 2009 . Among the objectives of the BMOD are:

(a) to facilitate development of the BMOD with a mix of uses including manufacturing, research and development, retail, office, restaurant and “Live/Work” residences including rental and ownership options;

(b) to provide more mixed-use investment opportunities, so as to maximize the development potential of the BMOD;

c) to stimulate the general economy of the City and that of Gloucester Harbor including job creation and adding additional real estate tax basis;

d) to promote the historic assets of the BMOD and the natural environment, while improving infrastructure and introducing high quality design and development;

(e) to create view corridors and public access to the waterfront; and

(f) to provide a range of housing choices for individuals and households of diverse incomes.

5.25.2 Definitions

For purposes of this Section 5.25, the definitions, below, shall apply, and shall be in addition to those definitions provided in Section 6 of this Ordinance. To the extent that there is a conflict between the definitions below and those in Section 6, the definitions below shall govern.

Basement : Any floor of a building of which fifty percent (50%) or more is below grade.

Building Area : The aggregate footprint(s) of the building(s) within a “Planned Unit Development,” exclusive of cornices, eaves, gutters, bay windows, unenclosed porches, balconies and terraces.

Commercial Recreation, Indoor : Recreational, social or amusement activities occurring principally indoors, potentially accompanied by the consumption of food and drink as an accessory use, including but not limited to a dance hall, skating rink, bowling alley, interactive children's center or waterpark.

Ground Floor(s) : T he first floor of a building that is not considered a Basement, and any other floor or floors the lowest point of which is less than ten (10) feet above grade.

Hotel, Motel or Motor Inn, 30 or More Guest Units : A Hotel, Motel or Motor Inn, as defined by this Ordinance but also including any facility offering floating overnight accommodations that docks for short periods of time, with thirty (30) or more guest units, located within a PUD in the BMOD.

Integrated Medical Center : A health care establishment other than a Hospital, as defined in this Ordinance, principally engaged in providing services for health maintenance and treatment in two (2) or more disciplines, and including medical offices, laboratories or other facilities supporting the health care profession.

Live/Work Residences : A residential component of a “Planned Unit Development,” Live/Work Residences offer convenient living quarters to individuals who work within the residence itself, regardless of the percentage of area which is deemed work space or living space. A Live/Work Residence may include more than one employee who is not a member of the household to be employed on the premises. Live/Work Residences shall not be located in the Basement or on the Ground Floor(s) of any building(s) and shall not comprise more than 40,000 gross square feet of floor area within a “Planned Unit Development.”

Lot Area: That area of a Master Plan Proposal which equals the total square footage of the ground area of the proposal.

Marine-Related Educational Facility : Any facility used for education or instruction in any Marine-Related business or trade.

Planned Unit Development (PUD) : The development of an area of land so as to feature a mixture of uses and/or a variety of building types and designs, pursuant to a “PUD Master Plan.” A PUD must be well integrated in terms of land and building uses, activities and major design elements. A PUD shall contain a minimum of two (2) uses identified in this Ordinance and/or herein, of which at least one shall be a use allowed either by right or by special permit in the underlying zoning district and with at least twenty-five percent (25%) of the gross floor area of the Building Area in the PUD being dedicated to non-residential use(s) excluding any parking structure(s). A PUD may consist of only one (1) building if it satisfies the criteria provided in Section 5.25.8.3 hereof.

Project : A portion of a “Planned Unit Development” identified in a “PUD Master Plan” as a separate element of the development proposal.

Public Access Way : Areas providing continuous pedestrian activity within a PUD, including but not limited to connections between non-residential uses and Live/Work Residences, between streets, ways and parking area(s) and the use(s) within the PUD and between said streets, ways, parking area(s) and use(s) and the waterfront.

PUD Master Plan : A comprehensive plan for an area of land proposed to be developed as a PUD, identifying the use(s) therein and whether said use(s) require(s) a “PUD Special Permit” hereunder. Where a PUD Master Plan is approved hereunder, Site Plan Review as per Section 5.8 of this Ordinance shall not be required.

PUD Special Permit : A special permit issued by the City Council for a Project, in accordance with Section 5.25.9 hereof. Where a PUD Special Permit is applied for hereunder and issued pursuant hereto, Major Project review, as per Section 5.7 of this Ordinance, and Site Plan Review, as per Section 5.8 of this Ordinance, shall not be required, to the extent the same are applicable to the Project.

Reconstruction : Any modification to the exterior walls enclosing the Ground Floor(s) of an existing structure which said modifications result in a net reduction of open space or lot coverage indicated on the record documents; changes to the buildings or grading that increases a building's height beyond that shown on the record documents and beyond that shown on the final approved plans; Changes to the buildings that increase the total floor area of the Project beyond that shown on the record plans; Changes to the architectural character of the building shown on the record documents; changes to the location of the buildings, roadways, parking areas and other accessory structures that decrease the setbacks as defined in the GZO from adjoining residential areas indicated in the record documents Reconstruction shall qualify as a new Project for purposes of this Section 5.25.

Renovation : Any modification which is not Reconstruction shall not qualify as a new Project for purposes of this Section 5.25 and shall not require a new PUD Special Permit nor shall they require a modification to an existing PUD Special Permit.

Retenanting : A change in the use of a Project subject to Section 5.25.4.3

Structured Parking : An accessory structure having one (1) or more tiers of height, designed and used for parking.

Top of Level : The plane of the lower surface of the ceiling.

View Corridor : The continuous three dimensional area extending out from the view point which provides visual access to the waterfront from a public street or sidewalk. A View Corridor may be through a building or area covered by a structure as well as an area completely free of structures.

5.25.3 Overlay District

5.25.3.1 Map

The BMOD is an overlay district having a land area of approximately three (3) acres +/-, being Assessor's Map 1, Lot 33, Map 1, Lot 22, , as shown on the map entitled “_,” dated_, 2010, incorporated herein by reference and hereby made a part of the City's official zoning map. A copy of said map is on file with the City Clerk's Office and the Community Development Department.

5.25.3.2 Establishment

The BMOD is an overlay district superimposed on the underlying zoning district(s). Except as limited herein, the underlying zoning shall remain in full force and effect.

5.25.3.3 Applicability

The City Council shall be authorized to grant approval of a PUD Master Plan and, subsequently, to grant PUD Special Permits for Project(s) therein. A PUD shall satisfy the criteria provided in Section 5.25.8.3 hereof, and shall be consistent with the purposes set forth in Section 5.25.1. No Building Permit may issue without the approval of a PUD Special Permit hereunder. Upon the issuance of a building permit for any Project approved in accordance with this Section 5.25, any modifications thereto must be done in accordance with this to Section 5.25..

5.25.4 Uses

5.25.4.1 Uses Allowed By Right

Uses allowed by right in the underlying zoning district(s) pursuant to Section 2.2 of this Ordinance, whether principal or accessory, shall be allowed by right within the BMOD. Notwithstanding the foregoing the following uses shall not be allowed in the BMOD:

•  Animal hospital,
•  Animal shelter;
•  Agriculture, horticulture, floriculture, greenhouse & gardens on lots larger than 5 acres; Contractors Yard,
•  Fuel or ice establishment, Processing or cooling not conforming to the performance criteria of Section 4.4 of the City's Zoning Ordinance

5.25.4.2 Uses Authorized by PUD Special Permit

Uses requiring a special permit in the underlying zoning district(s) pursuant to Section 2.2 of this Ordinance shall be authorized upon the issuance of a PUD Special Permit by the City Council, in lieu thereof. In addition, the following, new uses shall be authorized upon the issuance of a PUD Special Permit by the City Council:

(a) Marine-Related Educational Facility;

(b) Commercial Recreation, Indoor;

(c) Hotel, Motel or Motor Inn ,

(d) Live/Work Residences, provided the same shall not be located in the Basement or on the Ground Floor(s) of any building(s);

(e) Conversion to or new multi-family or apartment dwelling;

(f) Integrated Medical Center ; and
 
 

In addition to the accessory uses authorized by Section 2.2 of this Ordinance, the following uses shall be permitted as accessory to any use allowed by right or by a PUD Special Permit, upon the issuance of a PUD Special Permit by the City Council for the same:

(a) Structured Parking;

5.25.4.3 Changes to Permitted Uses

So as to provide reasonable flexibility for allowed uses to change to related uses within a PUD, in part to facilitate Retenanting therein, changes in uses from those originally permitted shall be allowed without further approval from the Special Permit Granting Authority as follows: Review of the proposed changes shall be made by the Building Inspector who shall determine if the modifications to the use(s) previously permitted shall be substantial or insubstantial. In the event the proposed change meets any of the following criteria, it shall be deemed a substantial change in use and shall therefore be subject to a review by the City Council in accordance with the rules and regulations governing modifications to a Special Permit.

(a) Any change in the composition or number of uses on the Site specified in original Master Plan Permit that results in an increase in traffic generation above the vehicle trips identified in the record documents;

(b) Changes in the location of buildings, roadways, parking areas and other accessory structures that decrease the setbacks as defined in the GZO from adjoining residential areas indicated in the record documents;

(c) Changes that result in a net reduction of open space or lot coverage indicated in the record documents;

(d) Changes to the buildings or grading that increase a building's height beyond that shown on the record documents and beyond that shown on the final approved plans;

(e) Changes to the buildings that increase the total floor area of the Project beyond that shown on the record plans;

(f) Changes to the architectural character of the buildings shown in the record documents; and

In the event the Building Inspector finds the change of use Insubstantial and it is allowed by right or by Special Permit, the change of use shall be allowed to be made without further review.

5.25.4.4 Requirements for Residential Uses

(a) Covenant: Where Live/Work Residences and/or Dwellings, Multi-Family or Apartment, are permitted in the BMOD, the occupants of the same, by accepting occupancy therein, acknowledge the industrial nature of the surrounding area and the conditions thereof, including but not limited to noise, dirt, odors, fumes and traffic, to the extent that the same are permitted by law, and shall be required to sign and record a covenant to that effect.

(b) Affordability: The provisions of section 5.11, “Inclusionary Housing Requirements” shall apply to all Live/Work Residences and/or Dwellings, Multifamily or Apartments developed as part of a PUD Master Plan.

5.25.4.5 Prohibited Uses

Any use not specifically allowed by right or permitted upon the issuance of a PUD Special Permit within the BMOD, unless developed pursuant to the underlying zoning, is prohibited.

5.25.5 Dimensional Requirements

5.25.5.1 Dimensional Table

 

No new PUD shall be built nor shall any Reconstruction or Renovation occur to any Project therein, whether allowed by right or approved by PUD Special Permit, except in conformance with the following dimensional standards:

Area of land shown on PUD Master Plan, Minimum

80,000 sq. ft.

Width of land shown on PUD Master Plan (measured perpendicular to its frontage), Minimum

100 ft.

Frontage of land shown on PUD Master Plan (over which access is provided), Minimum

100 ft.

Building height, Maximum

76 ft., including tower(s) and roof structure(s) ‡

Minimum lot area per Multi-family Dwelling Unit including Live/Work Residences

750 sq feet per unit

Minimum lot area per two guest unit in a Hotel, Motel, and Motor Inn Unit

750 sq feet per unit

Minimum Open Space per 1,000 sq ft of gross floor area (sf)

50 sq feet which said Open Space shall comply with Section 5.25.7 hereof

The aforesaid dimensional standards shall be substituted for the standards otherwise applicable under Section 3.2 of this Ordinance. Notwithstanding the foregoing, the height of any Commercial Land-Based Wind Energy Conversion Facility shall be governed by the dimensional requirements provided in Section 5.22.6 of this Ordinance.

‡ See Sections 5.25.5.2 and 5.25.5.3, below.

5.25.5.2 Building Height : Limitations

In addition to the maximum building Height provided in Section 5.25.5.1, the following Height to the Top of Level and Square Footage Requirements shall not be exceeded:

Level

Sq Feet

Top of Level

Building Footprint

First Floor Area

73,500

17'

100%

Second Floor Area

73,500

27'

100%

Third Floor Area

62,475

40'

85%

Fourth Floor Area

55,125

52'

75%

Fifth Floor Area

47,775

64'

65%

Sixth Floor Area

40,425

76'

55%

Further, notwithstanding any provision herein to the contrary, no residential unit, including a permanent dwelling unit or a motel or hotel overnight accommodation, may be constructed without at least one window facing the exterior of the structure or facing to a day lit multistory atrium.

Notwithstanding the above, the Special Permit Granting Authority may grant a Special Permit to increase the height in excess of the percentages and maximum building height. Said permit shall contain such conditions as the Special Permit Granting Authority deems necessary, and shall only upon written determinations by the Special Permit Granting Authority that such increase in allowable height is consistent with the purposes of this section 5.25 and will not be substantially more detrimental to the neighborhood because of obstruction of views, overshadowing of other properties, impairment of utilities or other adverse impacts.

5.25.5.3 Building Height, Tiered

Building height shall be tiered such that lower portions of the building(s) within a PUD are found closest to the boundaries of the land shown on the PUD Master Plan and higher portions of the building(s) within a PUD are found toward the interior portions of the site. Said tiering shall be design in conformance with the Design Standards set forth in Section 5.25.7 hereof.

5.25.6 Off-Street Parking and Loading Requirements

5.25.6.1 Off-Street Parking Requirements

Any new Project or Reconstruction or Renovation of an existing Project within a PUD shall comply with the minimum parking requirements of Section 4.1 of this Ordinance, except as provided in Section 5.25.6.4 hereof. However, Section 4.1.1(c) shall not apply to business or municipal uses within a PUD. Required parking need only be provided within 400 feet of the entrance to the building(s) being served, even if located on a separate lot.

5.25.6.2 Off-Street Loading Requirements

Any new Project or Reconstruction or Renovation of an existing Project within a PUD shall comply with the minimum loading requirements of Section 4.2 of this Ordinance.

5.25.6.3 Combined Facilities

Where feasible, parking required for two (2) or more buildings or uses shall be provided in combined facilities on the same or adjacent lot(s).

5.25.6.4 Shared Parking

Shared parking may be appropriate and is encouraged where the uses within a PUD have different parking demand patterns and, as such, are able to use the same parking facility or facilities. Shared parking is most effective when said uses have significantly different peak parking characteristics that vary by time of day, day of the week and/or season of the year. In these scenarios, shared parking will yield fewer total parking spaces needed as compared to the number of parking spaces required for each use combined, reducing the area devoted to parking while providing the necessary number of spaces. A shared parking analysis shall be performed based on the uses being proposed within a PUD and, if the benefits of shared parking are significant, the same should be incorporated into the PUD. Shared parking shall be permitted by the City Council upon approval of a PUD Master Plan in lieu of application for and receipt of a special permit pursuant to Section 4.1.2 of this Ordinance.

5.25.6.5 Phasing

So as to provide an assurance that adequate parking will be available for Project(s) as they are developed, parking shall be phased in a manner consistent with the phasing of the Project of which it is a part, where applicable. Alternatively, upon approval by the City Council, temporary parking may be provided for phase(s) of a Project while permanent parking facilities are under construction.

5.25.7 Design Criteria

5.25.7.1 Buildings

Building(s) within a PUD shall be appropriately sited on the property in relation to each other and building(s) located on adjacent properties. A PUD shall:

(a) preserve the historic character of existing building(s) or recreate historic elements thereof, including the Birdseye Tower located within the BMOD;

(b) be in harmony with the character of the existing neighborhood, through selection of appropriate building materials, choice of styles and colors and overall design of building(s);

(c) vertically-integrate uses, taking advantage of waterfront views by designing building(s) or portions thereof at varying heights;

(d) maintain or establish multiple View Corridors to the waterfront. No structures or other obstructions that will impede views shall be installed within the boundaries of any required View Corridor;

(e) maintain or establish Public Access Ways to the waterfront;

(f) provide windows, of an appropriate size and number, on the Ground Floor(s) of building(s) where retail uses are proposed, so as to create visual interest in and access to such uses as well as provide additional view corridors to the ocean; and

(g) locate equipment and service areas away from the public view.

5.25.7.2 Parking Areas

The design and layout of off-street parking facilities shall be as required by Section 4.1.4 of this Ordinance; provided, however, that use(s) within a PUD will satisfy the parking requirements of Section 5.25.6 hereof if sufficient parking is provided within 400 feet of the entrance to the building(s) being served, even if located on a separate lot. Where a structured parking facility is proposed, adequate access shall be provided between such facility and the use(s) within the PUD which it is intended to serve. Parking areas shall not be gated or access thereto unreasonably restricted, but shall be available for use by the general public, either for remuneration or otherwise.

5.25.7.3 Landscaping

A PUD shall be appropriately landscaped in light of the use(s) being proposed therein. All equipment and service areas, loading docks and parking areas shall be adequately screened from the public view, using any or a combination of: natural vegetation (e.g. shrub(s) and/or tree(s) of a proper width and height); wall(s); and/or fence(s).

5.25.7.4 Open Space

Contiguous open space, whether useable or unusable, shall be provided within a PUD to the greatest extent possible.

5.25.7.5 Pedestrian Connections

Continuous Pedestrian Access Ways are required between all major points of pedestrian activity within a PUD, including but not limited to connections between non-residential uses and Live/Work Residences, between streets, ways and parking area(s) and the use(s) within the PUD and between said streets, ways, parking area(s) and use(s) and the waterfront. At a minimum at least one of the Pedestrian Access Ways shall be provided from the public street or sidewalk through the PUD Master Plan to the waterfront unencumbered by a structure or building.

5.25.7.6 View Corridors

Any PUD within the BMOD shall provide multiple View Corridor(s) between Commercial Street and Gloucester Harbor . Of the View Corridors provided in a PUD Master Plan, at least one View Corridor must not be through a structure.

5.25.7.7 Beach Access

Adequate access shall be provided year-round between a PUD and the waterfront, and the same shall be a condition of approval of a PUD Master Plan.

5.25.7.8 Live/Work Space :

a. Space Requirements:

(i) A minimum of 400 square feet of live/work space is required.

(ii) Work-only spaces must be at least 100 SF.

(iii) Where separate live and work spaces are provided, the minimum combined area must be 400 SF.

b. Accessibility:

(i) Studios and hallways should be of oversize width to accommodate the shipping of large works.

c. Security: Security should reflect the needs of artists, workers or employees who have on-site sales, employees and customers.

d. Fire Safety:

(i) Fire protection systems should include the ability to address industrial accidents.

(ii) Fire insulation should be adequate for open flames.

(iii) Live-work space, particularly those where there are children living in the unit, should include an appropriate separation between live and work areas (such as a fire wall).

(iv) Electrical capacity should meet the various needs of different related work.

e. Lighting:

(i) The window-to-room ratio needs to be adequate for natural light.

(ii) Interior or “borrowed light” is especially important for deep spaces.

f. Noise: Wall and floor construction needs appropriate “sound transmission coefficient” to prevent the transmission of sound from machinery, equipment or repetitive tasks.

g. Indoor air quality:

(i) In the event there are no operable window, then special ventilation and air handling techniques should be tailored to ensure the safety and health of resident, visitors and neighbors.

h. Floors:

(i) Should be constructed to provide extra weight-bearing capacity. It is not necessary that they be highly finished.

i. Minimum Fit-Out:

(i) The minimum level of fit-out that is required to obtain a Certificate of Occupancy Permit from the Building Inspector and that meets workers' needs for open and flexible space is desired.

(ii) Plumbing should include stubbed out utilities.

j. Common Areas:

(i) Some artists will consider shared baths/kitchens if it reduces unit cost.

No design criteria hereunder shall supersede the Commonwealth of Massachusetts or City of Gloucester Health Statutes or Regulations.

5.25.7.9 Infrastructure Design:

The Master Plan shall include access, drainage and utilities for each structure which shall be designed to accommodate the purpose for which they are constructed and function for which they are meant to serve. Parking areas are to be screened from public ways by integrated design techniques, grading and screening, lighting of the parking and public access areas shall be designed to be non-spill over and to avoid glare on adjoining properties; parking egresses shall not require backing onto public ways. Specifically, no outdoor lighting fixture shall be higher than 20 feet and no light shall overspill such that a discernable shadow is created off the premises.

Storm water leaching (recharge) basins, retention basins, or other devises as necessary should be employed in order that peak flows through existing drainage structures or channels are not in a 15 year storm increased more than 15% above current flow or caused to exceed design capacity of structures or channel capacity of streams or to cause flooding.

No egress onto an existing street shall be within 100 feet of the intersection of sidelines of intersecting streets. Egressing vehicles should have at least 400 feet visibility in each travel direction.

All open storage, parking, and loading or service areas shall be screened in accordance with section 4.5 except that section 4.5.3 9(a) or (b) shall not apply to the open air mark et or piazza with ancillary outdoor recreational uses.

All signage shall be in accordance with section 4.3

5.25.7.10 Building Code :

All other requirements of the Zoning Ordinance and all applicable building codes must be satisfied. Occupancy permits must be received prior to occupancy of any building or portion thereof.

5.25.7.11 Special Residential Requirements

Where multi-family residential or Live/Work Space use is proposed as part of the Master Plan, the SPGA must find that:

a. the public good will be served

b. the non-residential uses in the adjacent districts will not be adversely affected; and

c. the uses permitted in the PUD will not be noxious to the multi-family or assisted living use.

d. In addition to the standard set forth in section 5.25.4.2(f), the SPGA shall find

i. that Gloucester residents or their relatives shall be given priority in admission to the extent permitted by law.

ii. that the developer/manager of the facility shall certify annually to the Gloucester Community Development Director that the income of the residents meets the U.S. Department of Housing and Urban Development qualifications.

5.25.7.12 Waiver

When reviewing a PUD Master Plan or PUD Special Permit, the SPGA may waive any of the Design Criteria listed in this section 5.25.7 if it judges it to be unnecessary to the proposal and which will not have a significant impact in relation to the uses and structures within the site and on the adjacent properties and streets with respect to; traffic patterns, public services, abutting properties, the environment and historic resources. Said waiver request shall be made by the Applicant in writing.

5.25.8 PUD Master Plan

5 .25.8.1 Submittal

A PUD requires a two-stage review: (1) submittal of a PUD Master Plan, a comprehensive plan for the area of land proposed to be developed as a PUD and identifying the use(s) therein and whether said use(s) require(s) a PUD Special Permit hereunder; and (2) application for PUD Special Permit(s), if and as required by Section 5.25.4.2 hereof.

5.25.8.2 Contents

In addition to identifying land use(s) and whether the same require(s) PUD Special Permit(s) hereunder, a PUD Master Plan shall include or be accompanied by the following information:

(a) the dimensions and area(s) of the lot(s) within the PUD, including the boundaries of all existing and proposed lot(s) within and immediately adjacent to the PUD, with their approximate areas and dimensions;

(b)   the dimensions and square footages of all existing and proposed building(s) and other significant structure(s) and parking area(s) within the PUD and on lot(s) immediately adjacent to the PUD;

(c) identification of the natural features of the site, including topography, wetlands, floodplains and other relevant features;

(d) identification of major landscaping elements, including screening where required by Section 5.25.7.3 hereof or otherwise appropriate;

(e) designated open space area(s), as required by Section 5.25.6.4 hereof;

(f) proposed pedestrian connections, view corridors and means of year-round beach access, as required by Sections 5.25.7.5, 5.25.7.6 and 5.25.7.7 hereof, respectively;

(g) a utilities plan for the site;

•  a stormwater management plan for the site;

•  traffic impact analysis; and

(i) any other supportive information that may be beneficial to the City Council's evaluation of the PUD Master Plan.

The City Council may reduce the level of information required in connection with the submittal of a PUD Master Plan, provided detailed, supportive documentation is provided with request(s) for PUD Special Permit(s) for one (1) or more Projects within the PUD.

5.25.8.3 Review of PUD Master Plan

The City Council shall review a PUD Master Plan submitted in accordance with this Section 5.25.8 and find that the following requirements are satisfied:

(a) the request for approval of the PUD Master Plan is complete, in that the information required by this Section 5.25.8 is included therewith;

(b) the PUD is consistent with the purposes and objectives of the BMOD, as provided in Section 5.25.1;

(c) the use(s) proposed for the PUD consist of compatible business and supporting uses which typically comprise a healthy urban environment;

(d) the dimensional and off-street parking and loading requirements of Sections 5.25.5 and 5.25.6, respectively, are satisfied; and

(e) the PUD is designed in a manner consistent with the criteria set forth in Section 5.25.7 hereof.

Review of a PUD Master Plan shall comply with the procedural provisions of Section 1.5 of this Ordinance as applicable to special permits, including the requirements of notice and a public hearing and the deadlines for the same and for issuance of a decision thereon.

5.25.8.3 Effect of Approval

Approval of a PUD Master Plan by the City Council is deemed an approval of said plan with the specific types of uses shown, the dimensions, parking, loading and design details noted and the infrastructure systems represented thereon and in any and all supporting documentation provided. Such shall not be construed as authorization for the development of any Project requiring a PUD Special Permit.

5.25.8.4 Concurrent Applications

Notwithstanding the foregoing, an applicant for PUD Master Plan approval may submit, together with said PUD Master Plan and the additional information required by Section 5.25.8.2 hereof, request(s) for PUD Special Permit(s) for any Project within the PUD requiring the same. Subject to the procedural and substantive requirements of Section 5.25.9 hereof, the City Council shall review such PUD Special Permit application(s) concurrently with its review of the PUD Master Plan.

5.25.9 PUD Special Permit

5.25.9.1 Relationship to the PUD Master Plan

Where a PUD Special Permit is required for a Project in accordance with Section 5.25.4.2 hereof, application therefor shall be submitted concurrently with or within ten (10) years following the date of approval of a PUD Master Plan, as per Section 5.25.8 hereof.

5.25.9.2 Consolidated Applications

Where multiple PUD Special Permits are required for the development of a PUD hereunder, an applicant may, at its option, submit a single, consolidated application identifying the PUD Special Permits being applied for and, for each, submitting a plan in accordance with Section 5.25.9.3 and addressing the review criteria provided for in Section 5.25.9.4.

5.25.9.3 Contents

An application for a PUD Special Permit shall include a plan with the information required by Section 1.5.3(c) of this Ordinance, being the submittal requirements for “CCS” Special Permits.

5.25.9.4 Review of Applications

A PUD Special Permit shall be granted only upon findings by the City Council: (i) that the proposed Project is substantially consistent with the approved PUD Master Plan or, where a PUD Special Permit application is submitted concurrently with the PUD Master Plan, with said Plan as submitted; and (ii) that the use will be in harmony with the general purpose and intent of this Ordinance and that it will not adversely affect the neighborhood, the zoning district or the City to such an extent as to outweigh the beneficial effects of said use, upon consideration of the factors set forth in Section 1.8.3 of this Ordinance. Further, the City Council shall consider whether, and the extent to which, the PUD Special Permit application promotes the following objectives:

(a) a mix of appropriate residential and/or nonresidential uses, as per the PUD Master Plan;

(b) economic benefit(s) to the community or the City of Gloucester as a whole, including the creation of employment opportunities;

(c) the need for Live/Work housing in the BMOD;

(d) building design consistent with the criteria provided in Section 5.25.7.1 hereof;

(e) adequate parking, utilizing shared parking where appropriate; and

(f) pedestrian connections to other uses(s) within the PUD, including to parking area(s).

Review of an application for a PUD Special Permit shall comply with the procedural provisions of Section 1.5 of this Ordinance as applicable to special permits, including the requirements of notice and a public hearing and the deadlines for the same and for issuance of a decision thereon.

5.25.10 Lowland Requirements Applicability

Any application hereunder shall conform to the requirements of Section 5.5 of the GZO as applicable.

 


Chart Comparing BirdsEye Zoning Proposal and City Council Zoning Proposal

City Council Draft

Last Draft 11- 12-10 of Proponent Proposal Based upon Planning Board Recommendations

Uses : Similar to Proposal with some reductions.

•  Eliminates concept of Live Work Space.

•  Requires mixed use proposals: None stated

•  Allows all uses by right in the underlying district to be allowed by right in the overlay district.

 

Uses : Similar Use Proposals.

A. Housing options predicated on new urban housing design and needs including Live Work Space and units smaller than traditional 1,500 sq foot living area

B. Requires mixed use proposal: Minimum 25% Commercial with Maximum 75% Residential

C. Specifically disallows certain uses allowed by right in the underlying district which would not be consistent with the purpose of the overlay district.

D. Requires Special Permits for other uses allowed by right in the underlying district which may have different impacts depending on the proposed mix of uses.

Dimensional Requirements :

•  Limits Height to 69 feet above grade for 25% of same square footage of size of existing footprint.

•  Applies Central Business (CB) District standards to remaining dimensional controls. Since the proposal will be mixed use, the most stringent standards related to the mix of uses control. In this instance, if a multi-family proposal is made as part of the mixed use, then those requirements control. They are:

•  Other than above, maximum height at 30 feet

•  2,500 sq ft per residential or hotel unit.

•  1,250 sq ft open space per unit

•  Setbacks will depend on max height but foot note (f) will apply increasing front rear and side setback by a ½ foot for every foot above 30 feet in height.

All of the above, (a – d) may be modified by the City Council upon request by the Applicant in accordance with the dimensional table in section 3.2 of the Ordinance.

e. 10,000 square foot lot minimum

Net result between 40 and 64 housing or hotel units.

Dimensional Requirements:

1. Height Maximum 76 Feet with the following limitations:

a. First Floor area: 73,500 sq ft maximum; top of level 17', bldg footprint 100%;

b. Second Floor area: 62,475 sq ft maximum; top of level 27', bldg footprint 100%;

c. third floor area: 62,475 sq ft, top of level 40' , bldg footprint 85%;

d. fourth floor area 55, 125 sq ft; top of level 52', bldg footprint 75%;

e. fifth floor, 47,775 sq ft, top of level 64'. Bldg footprint 65%;

f. sixth floor area 40,425 sq ft, top of level 76'. Bldg footprint 55%;

Building must be tiered with the bulk away from the public way.

 

2. Density:

a. Minimum lot area per multifamily unit – 750 sq ft.

b. Minimum lot area per two guest unit for hotel motel – 750 sq ft.

c. Minimum open space per 1,000 sq ft of gross floor area is 50 feet

3. Setbacks are governed by the MI district

Preference is to allow form to follow function which would provide a net result between 150,000 – 180,000 square feet of residential development as part of project in multifamily, live work or hotel units.

Design Criteria :

None

Design Criteria :

These criteria were based upon the planning and reports done in relationship to the Fort Rezoning proposal from 2008 which included proposed regulations to provide for view and pedestrian corridors to the water's edge as well as commonly known principals related to urban waterfront planning and development.

Requires the design to be done in accordance with the following criteria:

For building design and location :

(a) preserve the historic character of existing building(s) or recreate historic elements thereof, including the Birdseye Tower located within the BMOD;

(b) be in harmony with the character of the existing neighborhood, through selection of appropriate building materials, choice of styles and colors and overall design of building(s);

(c) vertically-integrate uses, taking advantage of waterfront views by designing building(s) or portions thereof at varying heights;

(d) maintain or establish multiple View Corridors to the waterfront. No structures or other obstructions that will impede views shall be installed within the boundaries of any required View Corridor;

(e) maintain or establish Public Access Ways to the waterfront;

(f) provide windows, of an appropriate size and number, on the Ground Floor(s) of building(s) where retail uses are proposed, so as to create visual interest in and access to such uses as well as provide additional view corridors to the ocean; and

(g) locate equipment and service areas away from the public view.

Landscaping

A PUD shall be appropriately landscaped in light of the use(s) being proposed therein. All equipment and service areas, loading docks and parking areas shall be adequately screened from the public view, using any or a combination of: natural vegetation (e.g. shrub(s) and/or tree(s) of a proper width and height); wall(s); and/or fence(s).

Open Space

Contiguous open space, whether useable or unusable, shall be provided within a PUD to the greatest extent possible.

Pedestrian Connections

Continuous Pedestrian Access Ways are required between all major points of pedestrian activity within a PUD, including but not limited to connections between non-residential uses and Live/Work Residences, between streets, ways and parking area(s) and the use(s) within the PUD and between said streets, ways, parking area(s) and use(s) and the waterfront. At a minimum at least one of the Pedestrian Access Ways shall be provided from the public street or sidewalk through the PUD Master Plan to the waterfront unencumbered by a structure or building.

View Corridors

Any PUD within the BMOD shall provide multiple View Corridor(s) between Commercial Street and Gloucester Harbor . Of the View Corridors provided in a PUD Master Plan, at least one View Corridor must not be through a structure.

Beach Access

Adequate access shall be provided year-round between a PUD and the waterfront, and the same shall be a condition of approval of a PUD Master Plan.

Parking : Applies underlying parking requirements

Parking : Requires all parking to be on site and eliminates exception to use local public lots. Encourages shared parking design.

Permitting Process:

•  Applies Major Project Special Permit by the City Council

•  Site Plan Review by the Planning Board

•  Special Permits from the City Council for waivers for the height and set back and density provisions in the event the applicant requests those be waived.

 

 

Permitting Process:

Introduces method and mechanism for a Planned Unit Development Permitting Process. Requires two step review process.

1. Submission and approval of a Master Plan.

2. Submission and approval of a PUD Special Permit.

 

Download the above documents:
1. Planning_Board_Recommendations.pdf
2. BirdsEye_Zoning_Proposal.doc
3. BirdsEye_vs_City_Zoning_Proposal_Chart_Comparison.doc

 
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