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HomeMy WebLinkAbout1987-11-12 Special Town Meeting Minutes1 50 SPECIAL TOWN MEETING W. S. Parker Middle School November 12, 1987 The meeting was called to order by the Moderator, Paul C. Dustin, at 7:51 P.M., there being a quorum present.' The Invocation was given by Reverend Robert K. Sweet Jr., of the Old South United Methodist Church, followed by the Pledge of Allegiance to the Flag. The Warrant was partially read by the Town Clerk, when on motion of John H. Russell, it was voted to dispense with further reading of the Warrant, except the Officer's Return which was then read by the Town Clerk. ARTICLE 1. On motion of John H. Russell, it was voted to take Article 1 from the table. ARTICLE 1. On motion of John H. Russell, it was voted to lay Article 1 on the table. ARTICLE 2. On motion of John H. Russell, it was voted to lay Article 2 on the table. ARTICLE 3. On motion of John H. Russell, it was voted to lay Article 3 on the table. ARTICLE 1. On motion of John H. Russell, it was voted to take Article 1 from the table. ARTICLE 1. The following report of John H. Russell was ac- cepted as a Report of Progress: REPORT OF PROGRESS READING LANDFILL DEVELOPMENT under Article 1 SPECIAL TOWN MEETING NOVEMBER 12, 1987 On October 5, 1987, the Board of Selectmen and Homart Development signed a Purchase and Sale Agreement for ap- proximately 29 acres of the former Reading landfill for the sum of six million dollars. Homart intends to build 4 office build- ings totaling 750,000 sq. ft. Also that same evening, the Board signed a Purchase and Sale Agreement with Embassy Suites, subject to ratification by this Special Town Meeting, for approximately 4.5 acres of the landfill for 2.25 million dollars. Embassy plans to build a 200 to 225 room, full service hotel. Upon closing, now anticipated to occur in June 1988, $6.25 million of the $8.25 million will be immediately available to the Town. $2 million will be held in trust fund to offset the cost of any environmental problem that might occur as a result of developing a landfill. All of the extensive testing done by Homart indicates no problems but, in this day of environmental sensitivity, and the impossibility of obtaining title insurance for landfill development, this is a creative way of assuring both the Town and the developers some reserve in case a problem does arise. The interest from this fund flows to the Town, and, in addition, part of the principle of the fund is released peri- odically to the Town in accordance with a development dependent schedule. The fund is completely released to the Town at the end of sixteen years. It is projected that in addition to the $8.25 million sale price, over a million dollars a year of additional real estate taxes and over a quarter of a million dollars a year in hotel taxes will flow to the Town as a result of this development. 151 Special Town Meeting November 12, 1987 This is a keystone to the financial plan to fund the new Fire Station, and the modification to Town Hall in addition to helping support operations. These projects will be discussed at length during the remaining Subsequent Town Meeting sessions. Two matters relating to the landfill development are before us at this Special Town Meeting. Article 4 would amend the vote of the June 1986 Special Town Meeting which authorized the sale of the landfill to Homart. At that time Homart proposed to market a portion of the landfill to a hotel developer but did not, at that time, know who it would be. The results of Homart's marketing effort was the selection of Embassy Suites to be the hotel developer. As I previously mentioned, our signing of the Purchase and Sale with Embassy was contingent upon Town Meeting Passing Article 4. Articles 5,6,7 and 8 establish a Planned Unit Development provision in the Zoning By-law and applies this provision to the development of the industrial area to the east of the railroad track. We believe the PUD approach is the best way to control the development of this area both from the Town's and the developer's standpoint. We have very little industrial land to develop and we want to be sure that the development is first class and meets the Town's expectations. The timing of future events depends on many factors, not the least of which is gaining State environmental approvals and Read- ing planning and conservation approvals. If all goes well, we can look toward closing the land sales by late spring and start- ing construction of the hotel and the first office building next summer. We have here with us tonight, Stephen Qualkinbush, Homart's Project Manager for the development of our landfill. Steve originally presented Homart's proposal to us in June of 1986 and has been shepherding the project along since then. Steve did the bulk of the marketing of the hotel site and lately has been spending a large percentage of his life in Boston wending his way thru the State environmental bureaucracy. Also with us is David Hirzell of Sasaki Associates, who are doing engineering studies in support of Homart. As part of this report of progress, Mr. Moderator, I would like to have Steve and David tell us about Embassy Suites and why Homart recommends them as the hotel developer, discuss their opinion of the PUD Zoning approach, and to give us an overview of the project from their prospective. J. H. Russell Development of Town Property on Walkers Brook Drive Homart Development Co. has been working with the Town of Reading during the past year towards development of the towns 32+ acre property located on Walkers Brook Drive. The past year's activities includes 1} Execution of a purchase and sale agreement between the Town and Homart. 2) Extensive environmental testing to determine any haz- ardous waste risks associated with the development. 3) Extensive engineering analysis to determine the costs associated with developing the project. 4) Master Planning to identify the development concept and likely development program for the site. 152 Special Town Meeting November 12, 1987 5) Preparation of an Environmental Notification Form to initiate the required governmental approvals for development. 6) Consultation with the Town on preparation of a PUD or- dinance to facilitate development controls over the project. Homart is pleased to report that all six items proceeded favorably during the past year. This progress is due in large part to the hard work of many Town citizens and Homart is grate- ful for the professional and energetic efforts of these in- dividuals. In the next year, Homart looks forward to continuing the development efforts in cooperation with the Town as follows: a) Put in place pre-closing requirements to permit the sale to be finalized. b) Complete the EIR. C) Complete Town Approvals required for the development. d) Begin construction. Finally, Homart presented its recommendation that Embassy Suites be designated the hotel developer for the property. Homart Development Co. On motion of John H. Russell, it was voted to lay Ar- ticle 1 on the table. ARTICLE 4. On motion of John H. Russell, it was voted to amend the vote taken under Article 6 of the Warrant for the June 16, 1986 Special Town Meeting, which authorized the Board of Selectmen to convey all or any part of property described therein for the minimum amount of six million two hundred and fifty thousand dollars to Homart Development Company of Chicago, Il- linois and upon such other terms and conditions as the Board of Selectmen shall consider proper, so as to provide that the property described in said Article 6 may be conveyed in one or more parcels and by one or more deeds and that one or more of the parcels so conveyed will be to Homart Development Company of Chicago, Illinois and that one or more of the parcels so conveyed will be to Embassy Suites, Inc. of Irvine, Texas or some other designee of Homart Development Company of Chicago, Illinois, approved by the Board of Selectmen, provided that the total amount to be received by the Town for the parcels conveyed shall not be less than the minimum amount specified in the vote under Article 6; and that in all other respects the vote taken under Article 6 is hereby ratified and confirmed. 95 voted in the affirmative 2 voted in the negative 2/3 vote required Article 1. On motion of John H. Russell, it was voted to take Article 1 from the table. The following reports on the PUD presented by George V. Hines and Richard D. Howard were accepted as Reports of Progress. 153 Special Town Meeting November 12, 1987 COMMUNITY PLANNING AND DEVELOPMENT PLANNED UNIT DEVELOPMENT BY-LAW The Community Planning and Development Commission will be presenting four articles - 5, 6, 7, and 8; all relating to the adoption of a Planned Unit Development provision to our Zoning By-law. Article 5 is the actual text which is being proposed to be added to the Zoning By-laws as Section 4.9. Article 6 & 7 provide for language changes to appropriate sections of the Zoning By-law to incorporate the proposed new section in the by-law. Article 6 provides for inclusion of the PUD District to the list of districts in Section 3.1. Article 7 provides for inclusion of the PUD District to the Table of Uses in Section 4.2.2. Article 8 is the map which contains the parcels that are being recommended for inclusion in the Overlay District. The parcels of land in the Overlay district are the only ones which the PUD provision will apply to. Through our early involvement and participation in the Selectmen's negotiations with Homart Development Corporation it became evident that some form of zoning controls would be required and the developer suggested a Planned Unit Development By-law as an appropriate method that might apply. The Community Planning and Development Commission developed a Request for Proposal and advertised for firms to conduct a Planned Unit Development study for Reading. As a result of in- terviews with interested firms, the Community Planning and Development Commission awarded the contract for the PUD study to Rizzo Associates and their subconsultant Wallace Floyd As- sociates. I am sure I speak for the entire Commission when I say that we entered the process with an open mind as to whether a PUD con- cept was appropriate for Reading. I also feel safe in saying that it became evident to us early in the study that this was the best means for controlling development and we set out from that point to develop the best possible PUD controls no matter who the developer shall be. Commission member Dick Howard, who was Chairman when the study began,remained the Commission's primary liaison with the consultant and along with Tom Stohlman became the Commission's PUD subcommittee. They will be giving you a complete overview of the process as well as a review of the proposed PUD provisions. The consultant team of Jim Purdy and Ed Shoucair are also present to review the material and assist in answering your questions. The culmination of a very intensive, public study process was a cable televised Public Hearing on the prehearing version of Article 5 and 8. Although sparsely attended the hearing provided an opportunity for the Commission to receive some valuable com- ments and as a result the final version of the proposed by-law contains 7 changes which will be detailed in the presentation on these articles. The amended version of Article 5 received the unanimous support of the commission with a 5-0 vote to recommend the passage of Article 5 to Town Meeting. Article 8, the Overlay District, was the subject of substan- tial discussion ofa commission quorum consisting of members Howard, Stohlman, Favalaro and Hines and on a vote of 4-0 it was 1 54 Respectfully submitted, George V. Hines REPORT TO TOWN MEETING ON ARTICLES 6 AND 7 Special Town Meeting November 12, 1987 voted to recommend the acceptance of Article 8 as it is defined in the motion. The Community Planning and Development Commission held a Public Hearing in the Selectmen°s Meeting Room, 6 Lowell Street, Reading, Massachusetts on Thursday, November 5, 1987, on two proposed zoning by-law changes published in the Warrant for the November 12, 1987, Special Town Meeting as'Articles 6 and 7. Eight people excluding commission members, attended the Public Hearing. At the CPDC meeting held on the same evening, November 5, 1987, the Community Planning and Development Commission voted (3- 0-0) to recommend adoption of these two articles. ARTICLE 6 3.0. ESTABLISHMENT OF DISTRICTS 3.1. Districts Type Full Name Short Name Residence Single Family 10 District 5-10 Residence Single Family 20 District S-20 Residence Single Family 40 District S-40 Residence Apartment 40 District A-40 Residence Apartment 80 District A-80 Business Business A District BUS. A Business Business B District BUS. B Business Business C District BUS. C Industrial Industrial IND. Overlay Flood Plain District F Overlay Wetlands Protection District W Overlay National Flood Insurance NF Flood Management District Overlay Planned Unit Development PUD 3.2. Zoning Map Districts are shown, defined and bounded on the map entitled "Reading Zoning Map", dated November 1, 1983, as amended, con- sisting of an index map and 35 sheets containing 39 detailed maps, prepared and signed by the Planning Board, which con- stitutes a part of these By-laws. The map shall be kept on file and current by the Planning Board, who shall supply copies to the Town Clerk, the Building Inspector and the Board of Appeals. There shall be appended to the "Reading Zoning Map" as Exhibits 1,2, 3 and 4 the maps entitled "Flood Insurance Rate Map, Town of Reading, Massachusetts Middlesex County" with an effective date of July 2, 1981 consisting of Panel 1 of 4, Panel 2 of 4, Panel 3 of 4 and Panel 4 of 4 3.3. Boundaries of Districts 3.3.1. Boundaries of zoning districts shall be inter- preted as follows: 155 Special Town Meeting November 12, 1987 3.3.1.1. Where a boundary is indicated within a street or railroad right of way, the boundary shall be the center line of such street or right of way. Where a boundary is indicated ap- proximately parallel to a street or railroad right of way, together with a single noted dimension, it shall be interpreted as parallel and located the noted distance from the center line of such street or right of way. Where a boundary is indicated together with two or more dimensions, it shall be interpreted consistent with such dimensions. Where an undimensioned boundary apparently follows property lines in existence at the time of the establishment of such boundary, it shall be so interpreted. All other boundaries shall be indicated upon the map. Article 7 4.2.2. Table of Uses RESIDENCE BUS BUS BUS IND S-10- A-40 A-80 A B C S-20 S-40 PRINCIPAL USES Residential Uses One Family Dwelling yes yes no yes no no no Two Family Dwelling no yes no yes no no no Apartment no yes yes yes no no no Boarding House no yes no yes no no no Public and Ouasi-Public Uses Private Kindergartens SPA SPA SPA no no no no School yes yes yes yes yes yes yes Church yes yes yes yes yes yes yes Hospital no SPA no SPA SPA no no Nursing Home no SPA no SPA SPA no no Club or Lodge no no no yes yes no no Combined Service Use SPA SPA SPA no no no no Business and Service Uses Retail Sales no no no yes yes no yes Consumer Services no no no yes yes no yes Office no no no yes yes no yes Table of Uses RESIDENCE BUS BUS BUS IND S-10 A-40 A-80 A B C Financial Institution no no no yes yes yes yes Wholesale Business no no no yes yes yes yes Hotel or Motel no no no yes yes yes yes Tourist or Trailer Camp no no no no no no no Place of Assembly no no no yes yes no yes Funeral Establishment no no no yes yes no yes Veterinary Establishment no no no yes yes no yes Planned Unit Development no no no no no no SPP* Automotive Uses Sale of New or Used no no no yes yes no yes Service Station no no no yes yes no yes Repair Garage no no no yes yes no yes Car Wash no no no yes yes no yes Commercial Parking Lot no no no yes yes no yes Auto Grave Yard no no no no no no no *Planned Unit Development may be permitted only within a PUD Overlay District on the Zoning Map." Respectfully Submitted. Richard D. Howard 156 Special Town Meeting November 12, 1987 ARTICLE 1. On motion of John H. Russell, it was voted to lay Article 1 on the table. ARTICLE 5. On motion of Richard D. Howard, it was voted that the Town of Reading amend its Zoning By-laws by inserting as Section 4.9. the text of said section set forth in "Reading Planned Unit Development By-law, as amended, November 2, 1987,'/ which incorporates and amends the text of said section 4.9. dated October 19, 1987, copies of which were distributed to all Town Meeting Members and made available for public inspection. 94 voted in the affirmative 8 voted in the negative 2/3 vote required on motion of John W. Price, it was voted to amend the Read- ing Planned Unit Development By-law, as amended, November 2, 1987, by substituting the word "shall" in place of "may" in Sec- tion 4.9.3.18., Conformity with PUD Plan and Special Permit, in the second paragraph thereof, to read then as follows: "The CPDC shall adopt regulations requiring one or more of the following in amounts and durations sufficient to guarantee that all commitments in the approved PUD Plan to provide public improvements or to take other actions are properly completed: performance bonds, deposit of money or negotiable securities with the Town, or a satisfactory agreement with a lending institution to retain funds pending completion of such improvements or actions". 52 voted in the affirmative 45 voted in the negative On motion of John H. Russell, it was voted this meeting stand adjourned to meet at 7:30 P.M. on Monday, November 16, 1987, at W. S. Parker Middle School. Meeting adjourned at 10:48 P.M. 101 Town Meeting members were present. A true copy. Attest: _ ~C..~ Ce Est CL- Doris M. Fantasia. Town Clerk Wallace, Floyd, Associates Inc. Architects, Planners Planned Unit Development o Large Area Planning o Flexibility o Amenities o Optional Purpose o The purpose of a PUD is to permit mixed-use, large scale developments, while requiring more rigorous development standards than in an underlying zone. Why PUD? Town Gets: o Higher Quality o More Extensive Review o Better Planning Developer Gets: o Controls Suited To Site o Predictability Wallace, Floyd, Associates Inc. Architects, Planners READING PUD ZONING BYLAW 1987 PLANNING PROCESS August 25 Community Planning and Development Commission and consultants began a zoning study to determine the development issues potentially affecting the future of the industrial zone along Walker's Brook Drive. September 15 Conducted first public meeting aimed at seeking input from residents, abutters, and others. September 16 - 30 Drafted preliminary PUD Bylaw incorporating results of research and recommendations made by Town officials, board members, and residents. October 1 Draft PUD was presented at second Public Meeting for further discussion and public input. October 2 Redrafted PUD Bylaw to incorporate recommendations given at October 1 meeting and other relevant information. October 3 Began writing final draft of PUD Bylaw, while continuing conduct follow up meetings with Community Planning and Development Commission and Town Counsel. November 2 Public Hearing on Main PUD Articles. November 5 Public Hearing on Minor PUD Articles. Public Information meeting on PUD Bylaw. November 12 Special Town Meeting Wallace, Floyd, Associates Inc. Architects. Planners READING PUD BYLAW Commonly Asked Questions 1. What does the Planned Unit Development (PUD) Bylaw do? The PUD Bylaw creates an optional overlay district covering a section of the Industrial Zone along Walkers Brook Drive. Within this area, a developer may conform either the existing zoning or seek a special permit from the Community Planning and Development Commission (CPDC) to build a PUD. PUDs allow for the construction of high quality, mixed-used real estate developments by permitting a mix of land uses, densities, and building types in a single development. 2. Does the PUD Bylaw provide better protection than regular zoning? The Bylaw provides significantly more protection to the town than regular zoning because it requires that a proposed development meet more rigorous development standards. Before being approved, the CPDC must find that a proposed PUD has a net benefit and that there are no significant adverse impacts, including, but not limited to: impacts on local traffic, the environment, and public facilities. 3. If the Bylaw is so tough, why would a developer want to build a PUD? The greatest single advantage to a PUD is that it offers a developer an opportunity to reduce their construction costs by building taller buildings. Also, once a PUD is approved, then a developer will know exactly what he/she can build in the future, so long as the developer sticks to plan approved by the Town. 4. What does the Town get? Some of the advantages of a PUD, include: a positive re-use of the town landfill, increased tax dollars, job opportunities, and additional open space, control over design and traffic impacts. 5. Will a PUD Bylaw help the town's tax base? Because a PUD Bylaw may bring new development to the town, PUDs should translate into a stronger tax base. To take the proposed Homart development as an example, according to the Town Assessors Office, when complete the development is project to generate 1.7 million dollars in new taxes each year. 6. Isn't a PUD too big and complex to understand? The Bylaw is lengthy in order to provide Reading all the protection and extra benefits that a PUD can offer. It isn't any more complex than the rest of the Zoning Bylaw as a whole, which has many sections a developer must heed. The attached summary goes through it step by step. Wallace. Floyd. Associates Inc. Architects. Planners READING PLANNED UNIT DEVELOPMENT BYLAW 2 November 1987 SUMMARY OF PROPOSED PUD ZONING BYLAW SECTION 4.9 Sections of the PUD Bylaw cover the following things: 4.9.1 P.1 PURPOSE: The purpose of a PUD is to permit mixed-use, large scale developments, while requiring more rigorous development standards than in an underlying zone. 4.9.2 P.1 OVERLAY DISTRICTS: PUD works as an overlay district, with the land owner given choice of PUD or base zoning. 4.9.3 P.2 SPECIAL PERMIT REQUIRED: PUD development needs special permit from Reading Community Planning and Development Commission (CPDC). 4.9.3. P.3-8 OVERVIEW OF SPECIAL PERMIT PROCESS: Section 1-18 These sections give a detailed description of PUD review process. 4.9.34. P.3 Pre-Application Conference (Optional): This conference gives the Developer and CPDC an oportunity to prepare for submission of a Preliminary Plan. 4.9.3.3. P.4 Preliminary Plan: A Preliminary Plan for the entire proposed PUD is filed according to detailed CPDC submission requirements and made available to the public. 4.9.3.4. P.4 Submission Fee: A Submission Fee is required to cover the Town's cost of reviewing the proposed project. 4.9.3.6 P.4 Town Review: Town Officials and Boards may review the Preliminary Plan. 4.9.3.7. P.4 Public Hearing: A Public Hearing is held within 65 days of submitting a Preliminary Plan to solicit public input. 4.9.3.8. P.5 Decision on Preliminary Plan: After 21 days the CPDC makes a decision on the Preliminary Plan. If the Plan is approved, the Developer prepares a Final PUD Plan and the review continues; with CPDC modifications, if required. 4.9.3.9. P.5 Public Improvements Compensation: The Developer is required to make or share in cost of necessary public improvements. 4.9.3.10. P.5 Submission of Final Plan: A Final Plan must be submitted for review 59 days after the first Public Hearing. 4.9.3.12. P.6 Public Hearing and Decision on Final Plan: A Public Hearing on the Final Plan must be held 69 days after the first Public Hearing. A Special Permit is granted when the CPDC determines that the Final Plan conforms with the approved Preliminary Plan and the requirements of Sections 4.9.4 and 4.9.5. ..4.9.3.15. P.6 Amendments to Plan: Major and Minor amendments to the Final Plan are defined. Major Amendments represent substantial changes and require reconsideration from the Preliminary Plan stage. 9.3.16/17. P.7 4 Development Schedule and Phased Development: . Unless the CPDC grants an extension, construction of a PUD must begin construction within 2 years. A PUD may be built in phases, subject to limitations. All phases must be reviewed in the original plan and built in conformance with it. 4.9.3.18. P.8 Conformity with PUD Plan and Special Permit: No construction can begin for any phase until the CPDC reviews a "Design Submission (including: architectural, site, and landscape design documents) and finds it conforms to the Special Permit. The CPDC may require performance bonds or other guarantees of proper completion. The CPDC may revoke a Special Permit if the Developer has failed to follow the approved PUD Plan. 4.9.4 P.9-13 USE AND DIMENSIONAL REQUIREMENTS: This section spells out the basic Use and Dimensional Requirements. 4.9.4.1 P.9 Parcel Size and Eligibility: There are two types of PUDs: small and large. A small PUD parcel is 80,000 square feet or greater. Development parcels of 500,000 square feet or more are considered large PUDs. Proposed PUDS may include pre-existing buildings and more than one principal building may be located on a lot. 4.9.4.2 P.10 Permitted Uses: Permitted uses include: office, research and development (not involving specified nuclear, genetic, or biohazardous materials), a full-service hotel, limited residential uses adjacent to a Residential District, parking, open space and ancillary uses such as places as assembly, and restaurant. 4.9.4.3. P.10 Intensity of Use: The basic floor area ratio (FAR: the total gross building floor area divided by the area of the development parcel) is .50 for small PUDs and .55 for large PUDs. 4.9.4.4./5. P.10 Discretionary Intensity and Height Allowance: The CPDC may increase the permitted FAR to .65 in a small PUD; in a large PUD, the CPDC may increase the FAR to 0.7 and height limit to 12 stories. In either case it must find that the net benefit to the Town is increased according to one or more specific criteria: making significant site improvements, public facility improvements, dedication of additional.open space or recreational facilities, pursuit of neighborhood and town wide community improvement goals, provision of outstanding design/public art, and/or development of affordable or elderly housing. 4.9.4.6.1 P.11 Height Limits: The basic height limit is 84 feet or six stories in a large PUD. In a large PUD only, if the CPDC finds that the net benefit to the Town is increased and no adverse impact would result, a third of the buildings (i.e., containing a third of the total floor area) may extend up to 10 stories; in PUD°s of 1,000,000 sf or more, one building may be up to 12 stories. (See formulas and limitations in this section.) 4.9.4.6.2. P.12 Setbacks and Buffers: All non-residential buildings must be located at least 150 feet from existing residential structures and may not cast shadows on residential structures between February 21 and October 21 from 9 AM to 3 PM. Setbacks are 75 feet along major streets and 50 feet elsewhere along a PUD parcel boundary. A 50 foot buffer (which cannot include parking) must be provided along major streets and residential properties. 4.9.4.7. P.13 Required Open Space: A PUD must set aside at least 15% of its total parcel area as open space. 4.9.5 P.13 Environmental Standards & General Guidelines: To approve a PUD, the CPCD must find: 1) it conforms to local plans, 2) no significant adverse impact will result in design, traffic, natural environment, open space, public facilities, or fiscal impact, and 3) net benefits outweigh all impacts. 4.9.5.2. P.14-16 Transportation, Site Circulation, and Parking: I Section 1-5 The CPDC may not approve a proposed PUD which in its opinion has significant adverse traffic impact. All PUDs must include an acceptable Transportation Plan aimed at reducing traffic congestion in the area. A PUD must provide sufficient off-street parking (specified in this section). 4.9.5.5. P.16 Design Quality: Section 1-6 All PUDs are subject to a rigorous design review, including: building placement to preserve important views, articulated rooflines and windows to provide a variety of building styles, location of taller buildings away from major streets and residential areas, use of materials which reduce the visibility of buildings, and use of manmade and natural materials to enhance the aesthetic image of the PUD. All open area within a PUD must be landscaped, including parking areas and roadways. N m a b N 'O m n r v m b n 0 Z Cj) --i C 0 1 0 Z m cn a w N m a w N 0 z Z m 0 s 0 T.*._ m N b G fi N a w N N co m m z z 3 C i-t W n r CD CD Wallace, Floyd. Associates Inc. Architects. Planners READING PUD ZONING STUDY EXISTING INDUSTRIAL ZONING VERSUS PUD DISTRICTS EXISTING ZONING PUD DISTRICTS Uses Manufacturing Office Office Research and Development Retail Full-Service Hotel Automotive Open Space Wholesale In above: Warehouse Ancillary Retail Hotel Restaurant Parking Places of Assembly Recreation Parking Residential (near Res. Dist. TYPICAL SMALL DEVELOPMENT COMPARISON Existing Zoning Small PUD Site Area 150,000 sf 150,000 sf Building Floor Area 113,000 sf* 97,500 sf FAR .75* .65 (full incentive) Building Footprint 22,620* 16,250 sf* Height 60' 84' Building Coverage 15.1% 10.8% Parking 377 spaces 293 spaces Parking Coverage 122,500 sf* 95,150 sf* Buffer 12' from Res. Dist. 50' near Res. Properties Setbacks 100' from Res. Dist 150' from Res. Properties none elsewhere 75' along major street 50' elsewhere on Dist boundary Open Space 3% 26% *Assumes no structured parking. Wallace. Floyd. Associates Inc. Architects. Planners READING PUD ZONING STUDY Comparison of Existing Zoning and Proposed PUD Page 2 LARGE DEVELOPMENT Existing Zoning Large PUD Site Area 1,500,000 sf 1,500,000 sf Building Floor Area 1,155,000* 1,050,000 FAR .77* .70 (full incentive) Building Footprint 231,000* 133,000* Height 60' (nine bldgs) 168' (one building) 102' (one building) 84' (three buildings) Building Coverage 15.4% 8.9% Parking 3,850 3,150 Parking Coverage 1,251,000sf* 1,100,000 sf* Buffer 12' from Res. Dist. 50' near Res. Properties Setbacks 100', from Res. Dist. 150' from Res. Properties none elsewhere 75' along major streets 50' elsewhere on Dist boundary Open Space 1% 18% Assumes no structured parking. SUMMARY OF PUD SETBACKS 1. GENERAL OTHER DI STRICT 50' BUFFER --rt - - -~-I- I SETBACK -I- 50' . 1 I ( o❑'t I PUD j PUD W 4 ❑ i l z ~ W ❑ i 1 i 0 9 64- 150' SETBACK 10 I I . w FROM RESIDEIITI L I j STRUCTURES I I I 1 I I 75 SETBACK I --r------------~- - - = -I r MAJOR STREET 2. RESIDENCES AS TRANSITIONAL USE 30' BUFFER/- SETBACK . St m ❑I. o S w W m TRANSITIONAL RESIDENTIAL BULDNGS WITHIN 200' OF RESIDENTIAL DISTRICT BUFFER / 75'SETBACK f MAJOR STREET SUMMARY OF PU® HEIGHT LIMITS 1. Small PUD: 6 Stories/ 84' f No Shadows • on Residences , 1 1 184' ISO, No More Than 1/3 of PUD in Buildings Over 8 Stories Atleast 1/3 of PUD in Buildings of 8 Stories or Less 84' 150' 30 200' 2. Large PUD: Mix of Heights. Up to 12 Stories / 168' 3. Residences as Transitional Uses t4 Stories / 50' MaxJ TEXT OF ARTICLE PROPOSED BY COMMUNITY PLANNING AND DEVELOPMENT COMMISSION FOR TOWN MEETING CONSIDERATION READING PLANNED UNIT DEVELOPMENT BYLAW As Amended, November 2, 1987 4.9. Planned Unit Development 4.9.1. Statement of Purpose and Authority The purpose of this Section is to encourage the construction of Planned Unit Developments (PUDs) in designated Districts within the Town. Planned Unit Developments shall: o permit a mix of land uses, densities, and building types in one development. o facilitate high quality, integrated planning of large-scale developments beneficial to the Town and constructed in a manner which is highly responsive to specific sites and their surroundings; o require more rigorous development standards than those found in other zoning districts. 4.9.2. Overlay Districts Planned Unit Development Districts shall take the form of overlay districts covering all or part of Industrial Districts on the Reading Zoning Map. For any land within a PUD district a Developer may choose to conform either to the zoning regulations which govern the underlying district or to the PUD overlay regulations and procedures set forth by this Section, whose specific provisions shall supersede all other provisions in the Zoning By-laws with respect to the underlying district including, without limitation, use, intensity, dimensions, parking, and site plan review; however the provisions of any other overlay district shall continue to apply. 4.9.2.1. Definitions The following terms shall have for the purposes of this PUD Bylaw, the meanings hereby assigned to them.. Developer: one or more entities proposing together to develop a Planned Unit Development parcel. Reading Planned Unit Development Bylaw, Amended 11.2.87 -1- Existing: in existence at the time of filing a complete Preliminary PUD Plan submission. Floor Area Ratio (or "FAR"): in a PUD, the ratio of total gross building floor area in a PUD to the area of the development parcel. Gross floor area shall be measured from outside wall surfaces and shall include ground floor areas of interior atriums and lobbies, and mechanical and utility space on habitable floors; but shall exclude rooftop space, balconies, elevator pits, or non-habitable areas enclosed by ornamental roofs. Structured parking shall not be counted in the determination of Floor Area Ratio. Areas classified as wetlands in MGL Chapter 131 Section 40, as amended, may not exceed 10% of the development parcel area used to compute FAR. Minor Street: a street used primarily for access to abutting properties or carrying volumes of traffic less than 10,000 vehicles per average day. Major Street: a street used for through access and carrying volumes of traffic greater than 10,000 vehicles per average day. PUD Bylaw: Section 4.9. of the Reading Zoning Bylaws including all subsections thereof. Site: the development parcel upon which a PUD is proposed. Structured Parking: in a PUD, a parking garage, or all or part of building floors above or below grade to be used for automobile parking. 4.9.3. Special Permit for Planned Unit Development The Community Planning and Development Commission (the "CPDC"), as the Special Permit Granting Authority, shall have authority to grant a Special Permit to construct a Planned Unit Development ("PUD") by a vote of at least four members of the five member CPDC. The CPDC shall evaluate proposed PUD projects and require all such projects to conform to the Planned Unit Development requirements, standards, and guidelines set forth in Sections 4.9.4. and 4.9.5. to ensure that the benefits to the Town of a proposed project outweigh any adverse impacts before granting a Special Permit. The CPDC shall adopt and from time to time may amend regulations for the review of PUD Developments as provided in MGL Chapter 40A Section 9. The CPDC shall interpret all provisions of this PUD Bylaw and all definitions and regulations pertinent thereto and shall provide such interpretations upon request by an applicant for a Special Permit to construct a PUD. Reading Planned Unit Development Bylaw, Amended 11.2.87 -2- 4.9.3.1. Overview of Special Permit Process A Developer choosing to PUD District shall apply Planning and Development shall include: construct a Planned Unit Development in a for a Special Permit with the Community Commission. The Special Permit process o Pre-Application Conference. (Optional) o Preliminary PUD Plan Review. o Final PUD Plan Review. 4.9.3.2. Pre-Application Conference A Developer desiring to obtain a Special Permit to construct a Planned Unit Development may request a Pre-Application Conference with the Community Planning and Development Commission prior to submitting an application for the Special Permit. The purpose of the Pre-Application Conference shall be to discuss both the Developer's intentions and the CPDC's requirements with respect to the proposed PUD. Although not required, this preliminary meeting is desirable, since it should help to clarify many procedural and policy issues. At the Pre-Application Conference, the CPDC shall discuss with the Developer the process for obtaining a Special Permit to construct a PUD and explain to him/her issues and scopes of studies that should be considered in planning the project, including specific submission items, such as appropriate vantage points for visual analysis and extent of the traffic study area. The CPDC shall review existing studies pertinent to the development and the status of other approved PUDs which should be considered in the Developer's analyses. The Developer may discuss his/her development concept and range of options concerning development. Any statement at the Pre-Application Conference made by either the CPDC or the Developer concerning potential disposition of a Special Permit application or the final form of the development shall not be legally binding. The Developer shall not be required to present any written, quantitative, or graphic materials at the Pre-Application Conference. The CPDC shall make available to the Developer at this time any forms required for application for a Special Permit to construct a PUD. Reading Planned Unit Development Bylaw, Amended 11.2.87 -3- 4.9.3.3. Preliminary Plan A Developer who wishes to apply for a Special Permit to construct a PUD shall submit to the CPDC an application including a Preliminary PUD Plan submission for the entire proposed project. If the Developer of the PUD comprises more than one entity, all participating entities shall be signatories to the Special Permit application. Two copies of the Preliminary PUD Plan shall remain available to the public during the application process and shall be located in the Town Clerk's Office and Reading Public Library. Any three dimensional model of the proposed project as may be required in the CPDC's regulations shall be displayed at a suitable public building within the Town. 4.9.3.4. Submission Fee The CPDC shall require a Submission Fee sufficient to cover consultant fees and any other costs associated with reviewing the Preliminary and Final Plan Submissions. The fee amounts shall be as specified in the CPDC's Fee Schedule for Site Plan Review Process" or in a fee schedule for PUD review specifically adopted and amended by the CPDC from time to time. 4.9.3.5. Preliminary Plan Submission _ The Preliminary PUD Plan shall include a complete set of written, quantitative, and graphic materials in the appropriate number according to the PUD Plan Submission Regulations adopted by the CPDC and amended by it from time to time in accordance with MGL Chapter.40A Section 9. The official date of application shall be registered only upon receipt of all materials required by the CPDC. 4.9.3.6. Town Review Between the date a Developer submits a complete application for a Special Permit to construct a PUD and the date of the first Public Hearing, the CPDC may distribute the Preliminary PUD Plan for review to Town Departments, elected and appointed Town Boards, and such professional planning, architecture, and engineering consultants as the CPDC deems appropriate. All comments on the Preliminary PUD Plan shall be submitted in writing to the CPDC no later than 5 days before the scheduled date of the first Public Hearing. All written comments shall be made a part of the public record on the application for a Special Permit and shall remain a public record. 4.9.3.7. Public Hearing on Preliminary Plan Within.65 days of the date of receipt of a complete application for a Special Permit to construct a PUD, the CPDC shall hold a Public Hearing. The purpose of the Public Hearing shall be to solicit public comments concerning the Preliminary PUD Plan. Reading Planned Unit Development Bylaw, Amended 11.2.87 -4- 4.9.3.8. Action on Preliminary Plan I Within 21 days after the close of said Public Hearing, the CPDC shall make a determination concerning the Preliminary PUD Plan. If the CPDC approves the Preliminary PUD Plan or conditionally approves it subject to modifications, then the Developer shall submit a Final PUD Plan, as specified in Section 4.9.3.10. If the CPDC disapproves the Preliminary PUD Plan, then the application for the Special Permit shall be denied, and the CPDC shall state in writing its reasons for denial. If the CPDC makes no decision within the specified time limit, then the Preliminary PUD Plan shall be considered approved, and the Developer shall prepare a Final PUD Plan. 4.9.3.9. Public Improvements Compensation When reviewing a Developer's Preliminary PUD Plan, the CPDC shall analyze the proposed PUD to determine what if any extraordinary public improvements are necessary to accommodate or service the project. The Developer shall be required by the CPDC to provide such needed improvements at no cost to the Town, or alternatively, to offset the expense of such improvements to be provided by the Town; in this case, an expert engineering consultant to the CPDC shall estimate and, after review by the Reading Public Works Director and Town Engineer, the CPDC shall establish the costs of these improvements and the portion thereof to be borne by the Developer. 4.9.3.10. Submission of Final Plan The Final PUD Plan shall be a definitive plan of development with design sufficiently developed to provide the basis for the CPDC's determinations regarding the requirements, standards, and guidelines of this PUD bylaw, and shall include a complete set of written, quantitative, and graphic materials in the appropriate number according to the PUD Plan Submission Regulations adopted by the CPDC and amended by it from time to time in accordance with MGL Chapter 40A Section 9. The Final PUD Plan shall be consistent with the approved Preliminary PUD Plan except for changes by amendment or in accordance with conditions attached to the CPDC's approval of the Preliminary PUD Plan, and shall satisfy all such conditions. The Developer shall submit a Final PUD Plan to the CPDC, no later than 59 days after the close of the Public Hearing referred to in Section 4.9.3.7. Failure to submit a Final PUD Plan within the specified time period shall result in termination of the application for a Special Permit to construct a PUD. Two copies of the Final PUD Plan shall remain available to the public during the application process and shall be located in the Town Clerk's Office and Reading Public Library. Any three dimensional model of the proposed project as may be required in the CPDC's regulations shall be displayed at a suitable public building within the Town. Reading Planned Unit Development Bylaw, Amended 11.2.87 -5- 4.9.3.11. 4.9.3.12. 4.9.3.13. Additions or Amendments to the Preliminary Plan Additions or amendments to the Preliminary PUD Plan at this stage shall be deemed either major or minor by the CPDC according to Sections 4.9.3.14. and 4.9.3.15. Minor additions or amendments shall be be authorized by written approval of the CPDC. Major additions or amendments shall be considered as original items to the application and be subject to the procedures specified in Section 4.9.3.13. The CPDC shall decide whether proposed changes are major or minor. Public Hearing and Decision on Final Plan Within 69 days after the close of the Public Hearing referred to in Section 4.9.3.7, the CPDC shall hold a Public Hearing to consider issuance of a Special Permit to construct a PUD in accordance with the Final PUD Plan. Approval of the Special Permit shall be granted upon determination by the CPDC that the Final PUD Plan conforms with and meets the requirements, standards, and guidelines set forth in Sections 4.9.4. and 4.9.5, in a manner consistent with the approved Preliminary PUD Plan, and contains all revisions required by the CPDC in its conditional approval of said Plan. The CPDC may grant the Special Permit with conditions consistent with its approval of the Preliminary PUD Plan, and the conditions shall be agreed to in writing by the Developer before the Special Permit is granted. If not granting a Special Permit to construct a PUD, the CPDC shall make its final decision in writing and shall specify its reasons for denial. If the CPDC makes no decision within the 90 days after the Public Hearing referred to in Section 4.9.3.7, then the Final PUD Plan shall be considered approved and the Special Permit to construct a PUD shall be deemed granted. Amendments to Final Plan After approval of the Special Permit by the CPDC, the Developer man seek amendments to the Final PUD Plan. Amendments to the Final PUD Plan shall be considered major or minor. Minor amendments, as specified in Section 4.9.3.14. shall be authorized by written approval of the CPDC. Major amendments, as specified in Section 4.9.3.15. shall be grounds for reconsideration of the Special Permit to construct a PUD and shall be reviewed subject to procedures specified above in Sections 4.9.3.5. through 4.9.3.13., as applicable. Denial of a proposed major amendment shall not invalidate the Special Permit to construct a PUD in conformance with the previously approved Final PUD Plan. The CPDC shall decide whether proposed changes are major or minor, and its decision shall be conclusive. Reading Planned Unit Development Bylaw, Amended 11.2.87 -6- 4.9.3.14. Minor Amendments Minor Amendments are changes which do not substantially alter the concept of the approved PUD in terms of floor area ratio, use, height, provision of open space, or the physical relationship of elements of the development. Minor amendments shall include, but not be limited to the following: small changes in floor area, mix of uses, site coverage, height, setbacks, or open space; small changes in the location of buildings, open space, or parking; or small changes in the alignment of minor streets on-site. 4.9.3.15. Major Amendments Major Amendments represent substantial deviations from the PUD concept approved by the CPDC. Major amendments shall include, but not be limited to the following: large changes in floor area, mix of uses, site coverage, height, setbacks, or open space; large changes in the location of buildings, open space, or parking; or large changes in the circulation system, including the number and location of access ways. 4.9.3.16. Development Schedule The Developer shall begin construction of the PUD within 24 months of the date of the granting of the Special Permit (or, if applicable, following appeal as provided in MGL Chap 40A, Sec. 9) in reasonable conformance with the development schedule submitted with the Final PUD Plan. The CPDC shall grant in writing an extension of this time period of up to an additional 24 months upon determination of good cause. If the Developer fails to commence construction of the PUD within 24 months plus any approved extension period, the Special Permit shall lapse. 4.9.3.17. Phased Development If a phased development is proposed by the Developer, the Final PUD Plan shall contain all required written, quantitative, and graphic information necessary to evaluate the proposed PUD as a whole and to serve as a basis for granting the Special Permit, plus a final Development Schedule for the completion of the PUD indicating the proposed dates and scope of work to be accomplished in each phase. Site improvements may be phased only in conformity with the phasing schedule included in the approved Final PUD Plan, and only to the extent that all requirements, standards, and guidelines of this PUD bylaw are met in each phase. The initial phase shall include at a minimum the site improvements necessary for one or more buildings and may, at the Developer's option, include one or more buildings. Deviationa from the Final PUD Plan in any phase shall be designated a major or minor amendment to the Final PUD Plan by the CPDC and treated as such according to Section 4.9.3.13. Reading Planned Unit Development Bylaw, Amended 11.2.87 -7- If the PUD is to be developed in phases, the Developer shall begin the construction of each phase in accordance with the approved Phasing Schedule; however, the CPDC shall grant additional extensions in the timing of phases for up to 24 months each as minor amendments to the Final PUD Plan, upon the determination of a reasonable cause. If the Developer fails to commence construction of a PUD phase within the specified time limit for that phase, including any approved extension period, said failure shall be deemed a major amendment to the Final PUD Plan, and the phase at issue and all subsequent phases which depend upon said phase for their construction and operation in conformance with the Final PUD Plan must be re-approved in accordance with Section 4.9.3.13. 4.9.3.18. Conformity with PUD Plan and Special Permit The CPDC shall include as a condition to all Special Permits granted for construction of PUDs that no construction of a PUD or any phase thereof may be authorized until the CPDC has reviewed. and approved a Design Submission for work to be done, such submission to include architectural, site, and landscape design documents, sufficiently developed to permit review of conformance to the Final PUD Plan and Special Permit conditions, in accordance with the PUD Plan Submission Regulations of the CPDC. If deemed necessary by the CPDC, a.Public Hearing may be held for review of any Design Submission. Design Submissions shall be reviewed by the CPDC solely for conformity with the Final PUD Plan, with Special Permit conditions, and, only to the extent not already reviewed and approved, with the requirements, standards, and guidelines applicable to the construction of the phase in question. If the CPDC makes no decision upon a Design Submission within 90 days of receipt of all required materials, said Special Permit condition shall be deemed to be satisfied regarding said PUD or phase thereof. The CPDC may adopt regulations requiring one or more of the following in amounts and durations sufficient to guarantee that all committments in the approved PUD Plan to provide public improvements or to take other actions are properly completed: performance bonds, deposit of money or negotiable securities with the Town, or a satisfactory agreement with a lending institution to retain funds pending completion of such improvements or actions. If, for any PUD or construction phase thereof, the CPDC finds that either the Developer has failed to begin development within the specified time period, including any approved extension period, or that the Developer is not proceeding in conformity with the Special Permit, then the CPDC may, after 60 days from written notice (and any additional period which the CPDC may deem necessary so as to provide the Developer reasonable opportunity to cure any deficiencies), revoke the Special Permit as it applies to the phase of construction at issue, and/or require that the Reading Planned Unit Development Bylaw, Amended 11.2.87 -8- Developer amend the Final PUD Plan subject to procedures specified in the Amendments to Final PUD Plan, Section 4.9.3.13. If the CPDC revokes the Special Permit for the PUD then the Final PUD Plan shall be null and void as it applies to the phase of construction at issue and all subsequent phases which depend upon said phase for their construction and operation in conformance with the Final PUD Plan. The provisions of this paragraph are additional to the Reading Building Inspector's powers of enforcement under the Zoning Bylaws and Massachusetts State Building Code. Upon satisfaction of all applicable Special Permit conditions, the CPDC shall issue a certificate of compliance for one or more PUD phases. No certificate of occupancy shall be issued for a given PUD phase until a certificate of compliance has been issued. 4.9.4. Use and Dimensional Requirements The following paragraphs shall serve as the basic Use and Dimension Requirements to which all PUD projects shall adhere within each PUD overlay district and shall be used by the Community Planning and Development Commission to evaluate any proposed project. 4.9.4.1. Parcel Size and Eligibilit The minimum size of a PUD development parcel shall be 80,000 square feet. Development parcels of 500,000 square feet or larger shall be termed "large PUDs" and qualifying parcels smaller than 500,000 square feet shall be termed "small PUDs". A development parcel may consist of land in more than one ownership, provided that all lots comprised by the parcel lie entirely within the PUD overlay district and are contiguous. Lots separated by a minor street or right-of-way as defined in Section 4.9.2.1. may be considered contiguous for this purpose. Proposed developments may include pre-existing buildings provided that all PUD requirements are satisfied by each new or existing building and for the PUD as a whole. More than one principal building may be located on a lot, Section 5.2.8. not withstanding. Reading Planned Unit Development Bylaw, Amended 11.2.87 -9- 4.9.4.2. Permitted Uses Planned Unit developments may contain two or more of the following uses subject to the findings of the CPDC as to net benefit and adverse impacts of the proposed PUD: o Office use; o Research and Development uses, such as comprising office use and electronic or computer laboratories, but not ancillary manufacturing, and excluding activities which possess, use, or transfer licensed nuclear materials (including source materials, special nuclear materials, or by-product materials as defined in Title 10, Chapter 1, of the Code of Federal Regulations, Part 20, "Standards for Protection Against Radiation"), genetically engineered or biohazard materials, or other toxic or hazardous materials; o Full-Service Hotel; o Restaurant, places of assembly, recreational and/or ancillary retail uses within the above, but not in freestanding structures; o Parking (including structured parking) to accommodate the above; o Residential uses within 200 feet of Residence Districts; o Open space. All other uses are excluded from a Planned Unit Development. 4.9.4.3. Intensity of Use The permitted intensity of use in a PUD development shall be expressed as the ratio of total gross building floor area to the area of the development parcel (Floor Area Ratio or "FAR"). Gross floor area shall be measured from outside wall surfaces and shall include ground floor areas of interior atriums and lobbies, and mechanical and utility space on habitable floors; but shall exclude rooftop space, balconies, elevator pits, or non-habitable areas enclosed by ornamental roofs. Structured parking shall not be counted in the determination of Floor Area Ratio. Areas classified as wetlands in MGL Chapter 131 Section 40, as amended, may not exceed 10% of the development parcel area used to compute FAR. The basic allowable FAR for PUD developments is 0.50 for small PUDs and 0.55 for large PUDs. 4.9.4.4. Discretionary Intensity and Height Determination The CPDC may approve additional FAR above the basic ratio for small or large PUDs and additional height above the basic limit if it finds in applying the criteria of Section 4.9.4.5. that the net benefits to the Town are thereby increased. The CPDC may in no case increase the permitted Floor Area Ratio beyond 0.65 for small PUDs and 0.70 for large PUDs, nor may it increase permitted height beyond the maximum limitations of Section 4.9.4.6. Reading Planned Unit Development Bylaw, Amended 11.2.87 -10- 4.9.4.5. Criteria for Determining Increased Development Intensity and Height The basic allowable intensity of use may be increased if the CPDC finds that provision of one or more of the following public improvements or amenities provides substantial public benefits. The additional building area permitted should be commensurate with the quality and value to the Town of one or more of the following improvements and amenities: o significant improvement of the environmental condition of a site; o provision of or contribution to off-site public facility improvements which enhance the general condition of the district and surrounding areas; o dedication of open space or recreational facilites for use by the general public; o provision of open space beyond 15% of the parcel area, or of outdoor recreational facilities for use by a PUD project's occupants or by the general public, and of sufficient size and quality to offset fully any adverse aesthetic effects of proposed parking garages; o work with other owners and tenants of a PUD overlay district to develop and achieve district-wide and adjacent neighborhood improvement goals; o provision of public art, distinctive and appropriate design, or other amenities that a Developer may propose which will provide unique advantages to the general public or contribute to achieving Town-wide improvement goals; o provision of low or moderate income or elderly housing within the PUD in conformance with this PUD Bylaw and/or off site in a manner acceptable to the Reading Housing Authority. 4.9.4.6. Dimensional Requirements Each PUD development shall be governed by the dimensional requirements of this section. These requirements apply only to the development parcel as a whole, not to individual lots within the PUD. 4.9.4.6.1. Height The basic maximum height within a PUD shall be the lesser of 84 feet or six stories. Height shall be measured in the manner defined in Section 2.0. of this bylaw. Reading Planned Unit Development Bylaw, Amended 11.2.87 -11- The maximum height of residential structures within a PUD shall not exceed 40 feet or three stories. If 10 percent of such units are restricted for low or moderate income or elderly housing, the _I maximum height of all proposed residential structures shall not exceed 50 feet or four stories. In a large PUD, the CPDC may in its discretion and in accordance with Section 4.9.4.4. approve building heights up to 168 feet or 12 stories, whichever is less, subject to the following limitations: o Buildings with over eight stories may not contain in aggregate more than one third of the total gross floor area of the PUD; o At least one third of the gross floor area of the PUD shall be contained in buildings with six stories or lower; 0 Only one building over 10 stories may be built for every 1,000,000 square feet of PUD parcel area. o Buildings shall be oriented and arranged to provide the beat overall appearance from important vantage points, which may be identified in a Pre-Application Conference. o The increase in permitted height may not have any significant adverse effect on the PUD overlay district, adjacent residential districts or abutting property. 4.9.4.6.2 Setbacks and Buffers All non-residential buildings shall be located at least 50 feet from the boundary of the PUD parcel. All non-residential buildings shall be located at least 150 feet from residential structures in existence at the time of Preliminary PUD Plan submission. All residential buildings within a PUD shall be at least 30 feet from the parcel boundary but no further than 200 feet from a Residential District. There shall be a landscaped and/or naturally vegetated buffer at least 50 feet wide where the development parcel abuts residential properties. Alternatively, where residential uses occur in the PUD, a landscaped and/or naturally vegetated buffer at least 30 feet wide shall be provided. Along major arterial streets, as defined in Section 4.9.2.1, buildings shall be set back at least 75 feet (or the height of the building if greater than 75 feet), and a landscaped and/or naturally vegetated buffer at least 50 feet wide shall be provided along such major streets, except where site entrances occur. No buffer may contain parking or paved surfaces except for pedestrian paths and site entrances. Reading Planned Unit Development Bylaw, Amended 11.2.87 -12- Between 9 AM and 3 PM (EST) from February 21 to October 21, no building may cast a shadow on any residential structure in L existence at the time of Preliminary PUD Plan submission. 4.9.4.7. Required Open Space A PUD shall set aside at least 15% of its total parcel area as required open space; additional open space will be considered in proposed development intensities in excess of the basic permitted FAR and height. Required Open Space shall have a minimum dimension of 20 feet (which may include the dimension across a water body) and shall be open to tenants and customers within the PUD; access by the general public is desirable and will be considered in proposals for additional development intensity and height. A PUD which includes residential use shall delineate the area of residential use and shall set aside at least 25% of the site within this area as open space available to and usable by the occupants of the residential units. Required Open Space may include: o Wetlands and water bodies, including the normal water surface area of detention or retention ponds up to 50% of the required open space area; o Vegetated/landscaped area, including buffers; o Pedestrian paths, sidewalks, and covered walkways; o Public plazas and hard surfaced recreation areas. 4.9.5. Environmental Standards and General Development Guidelines In addition to conforming to the Use and Dimensional Requirements governing PUD overlay districts, approval of a Special Permit to construct a PUD shall be granted also upon determination by the Community Planning and Development Commission that a proposed PUD satisfies the following criteria. In any disapproval of a PUD, the CPDC shall state in writing the specific reasons for its finding that the proposed PUD does not satisfy one or more of the criteria. Mitigation measures proposed by the Developer, at no cost to the Town, shall be considered in making these determinations. (1) That it conforms as appropriate to the existing policy plans established by the Town Meeting, Selectmen, and CPDC for the specific area of the Town in which the proposed PUD is located. (2) That there is no significant adverse effect under any of the following: (a) quality of site design, building design, and landscaping as they affect occupants of the proposed development, the PUD overlay district, adjacent residential districts, and the Town of Reading as a whole; Reading Planned Unit Development Bylaw, Amended 11.2.87 -13- (b) traffic flow and safety in the contest of this and other proposed developments in the PUD overlay district and sensitive nearby areas, which may be identified in the scope of a state Environmental Impact Report and/or in a Pre-Application Conference; (c) water quality, air quality, wetlands, and the natural environment; (d) provision of open space; (e) adequacy of utilities and other public works and impact on existing public facilities within the Town; and (f) potential fiscal impact to the Town of Reading. (3) That approval of the proposed PUD provides benefits to the Town which outweigh all adverse effects, as evaluated under the above criteria. 4.9.5.1. Environmental Standards A PUD shall conform in each phase to all applicable federal, state, and local laws and regulations (including all such regulations established by the U.S. Environmental Protection Agency and the Massachusetts Department of Environmental Quality Engineering) regarding the environment such as those concerning noise, air quality, wetlands, water quality, and protection from flooding. 4.9.5.2. Transportation, Site Circulation, and Parking 4.9.5.2.1. Significant Traffic Impact: The CPDC may not approve a proposed PUD which in its opinion has significant adverse traffic impact, as determined following examination by the CPDC of the Developer's traffic analysis and any other traffic analysis of the affected area available to the CPDC which is germane to the proposed PUD. In making its determination, the CPDC shall consider the feasibility of any capacity improvements and mitigating measures proposed to be provided by the Developer at no cost to the Town. In making such determinations, the full traffic impact of all other previously approved Preliminary or Final PUD Plans shall be considered, regardless of project phasing. Without limitation, the determination of significant adverse impact shall consider traffic volumes, speeds, and resulting levels of service on residential streets, approaches to the site of the proposed PUD, and other key locations, all of which may be identified in a Pre-Application Conference. Reading Planned Unit Development Bylaw, Amended 11.2.87 -14- 4.9.5.2.2. Transportation Plan: The PUD Developer shall prepare an acceptable Transportation Plan aimed at reducing traffic congestion through means such as spreading peak hour traffic, encouraging public transportation use and ride sharing. The Plan shall include transportation goals and specific means to achieve them, such as employment of a transportation coordinator to facilitate proposed actions; provision of shuttle bus service to public transportation; van-pooling programs; and flex-time requirements. The Plan shall to the extent feasible include provisions to establish a mechanism for participation in the Plan by subsequent owners and tenants of the PUD, and the Developer shall guarantee sufficient financing of the Transportation Plan to initiate and continue its operation through the first year of PUD occupancy. Developers may arrange to coordinate their plans and share in the cost of such measures on an area-wide basis. 4.9.5.2.3. Site circulation shall meet accepted design standards for private . automobiles, service vehicles, and emergency vehicles. It is highly desirable to consolidate access to PUDs in a small number of widely spaced principal access points, which may be driveways or Town-accepted side streets lying entirely within the PUD overlay district. Principal access should be consolidated in as few locations as possible and, if feasible, it is desirable for adjacent developments to share principal access. Principal access points generally should be spaced and aligned or alternated according to good traffic engineering practice, and should be signalized if necessary. 4.9.5.2.4. Parkin should be be provided in at least the following ratios through each phase of development, unless the CPDC determines that a larger number of spaces is dictated by special circumstances: o For office and research and development uses, and uses ancillary to them, three parking spaces per 1000 gross square feet of floor area; o For hotels and customary uses within them, one parking space per rentable room or suite; o For residential uses, one and a half parking spaces per unit. Ancillary uses should not normally require additional parking spaces. Loading requirements shall be determined based on activity analysis provided by the Developer. Parking stall size shall be at least 8.5 by 18 feet, with provision for larger spaces as required by the CPDC to accommodate short term parking, handicapped, and large vehicles. I Parking lots shall be landscaped in conformance with Section 4.9.5.5.6. Reading Planned Unit Development Bylaw, Amended 11.2.87 -15- 4.9.5.2.5. Roadways within a PUD shall be constructed in conformance with standards established by the Reading Department of Public Works. The design of the overall circulation pattern shall be prepared in accordance with the principles and concepts established in "Recommended Practices for Subdivision Streets" prepared by the Institute of Traffic Engineers.(1965). 4.9.5.3. Public Works Standards All on-site and off-site improvements, which include the installation of utilities, public lighting, sewers, and other public improvements, shall be constructed according to the criteria of the Reading Public Works Department and other appropriate departments. 4.9.5.4. Control of Runoff and Flooding The Developer shall demonstrate that, as compared with the situation that would exist on the site without the PUD, no phase of the proposed PUD will result in an increase in the peak rate of storm run-off at the parcel boundary for the PUD as a whole for the 25, 50, and 100 year design storms, and that there will be no net loss in flood storage capacity for the 100 year design storm. In making such determinations, any state or local orders or requirements that apply (for example, required closure of landfills or existing Orders of Conditions under the Wetlands Protection Act) shall be assumed in the calculations of runoff and flood storage without the PUD, but alternative forms of development shall not be assumed. 4.9.5.5. Design Quality Project design shall be reviewed by CPDC with input from Town officials, the review consultant(s) employed by the CPDC, and other property owners in the PUD overlay district. The following are to be interpreted as guidelines to be applied flexibly by the CPDC and as appropriate to the situation under review, including factors such as foundation conditions and other extraordinary constraints. These guidelines apply to all site improvements, buildings and structures, including structured parking facilities. 4.9.5.5.1. Building placement: o Provide and preserve attractive views from major vantage points, especially from major thoroughfares and residential neighborhoods. o Avoid regular spacings and building placements that will be viewed as continuous walls from important vantage points, which may be identified in a PUD Pre-Application Conference. Reading Planned Unit Development Bylaw, Amended 11.2.87 -16- 4.9.5.5.2. Building Massing/Articulation: o Avoid unbroken building facades longer than 100 feet. o Provide human scale features, especially at street level. o Avoid unarticulated and monotonous building facades and window placement. 4.9.5.5.3. Roofline Articulation: o Provide a variety of building heights and varied roofline articulation. o Provide step backs above the fourth level on buildings within 100 feet of major streets. o In PUDs comprising three or more buildings, and where buildings over six stories in height are proposed, locate taller buildings away from major streets and residential uses. 4.9.5.5.4. Building Materials: o Use materials and building treatments that reduce the visibility of buildings from distant vantage points and are compatible with.backgrounds and surroundings. o Use materials and colors compatible with other quality buildings of similar scale in the area. 4.9.5.5.5. Landscape Treatment: o All open areas within a PUD should be landscaped in an appropriate manner utilizing both natural and manmade materials such as grass, trees, shrubs, attractive paving materials, and outdoor furniture. o Deciduous trees should be planted along new and existing streets* o Plazas, arcades, malls, and similar amenities are encouraged. o Outdoor lighting should be considered in the landscaping plan and should be designed to complement both manmade and natural elements of the PUD and adjacent areas. o Intensive, high quality landscaping should be provided within the PUD where it abuts major streets and on internal drives to achieve a boulevard character; o Landscape treatment should be emphasized on site boundaries facing residential districts. Reading Planned Unit Development Bylaw, Amended 11.2.87 -17- 4.9.5.5.6. Parking Lots o Parking lots should use landscaping and terracing to,break up large areas of pavement and to enhance the appearance of such areas to the greatest extent feasible, but no less than 5% of the total parking lot area. o Most parking lot landscaping should have a minimum dimension of five feet. o Trees and shrubs should be used to the maximum extent feasible. 4.9.5.5.7. Pedestrian Amenities: o Emphasize pedestrian amenities such as covered walkways, landscaped open space, drop-off areas, and recreation facilities such as pedestrian and/or jogging paths along on-site watercourses or which follow a PUD parcel boundary. o Tree lined or otherwise appropriately landscaped pedestrian walkways should link together areas designated as open space within the boundaries of a site and wherever possible with designated open space throughout a PUD overlay district. 4.9.5.5.8. Utilities: o To the extent feasible, all utilties should be located underground. 4.9.5.6. Signage Signage shall be consistent with Section 6.2 of the Reading Zoning Bylaws, except that no portion of a sign may extend above the roof line of any building." Reading Planned Unit Development Bylaw, Amended 11.2.87 -18-