POR 2017 #43 · Agenda item attachment · Feb 13 2017

ATTACHMENTD Central Square Restoration Zoning Petition Ordinance Committee Recommended Language (Definitions) Formula Business. An individual Retail or Consumer Service establishment that is required by virtue of a contract, franchise agreement, ownership or other similar legal obligation to conform or substantially conform to a set of common design and operating features that serve to identify the establishment as one of a group of establishments for business, marketing and public relations purposes. Specifically, an establishment shall be considered a Formula Business if it shares at least two (2) of the following three (3) characteristics with ten (10) or more other establishments in Massachusetts or with twenty (20) or more other establishments: 1. Trademark, service mark or logo, defined as a word, phrase, symbol, or design or combination thereof that identifies and distinguishes the source of the goods or services trom others; 2. Standardized building architecture including but not limited to façade design and signage; 3. Standardized color scheme used throughout the exterior of the establishment, including color associated with signs and logos. (Suggested New Language for) Article 20.300 (Central Square Overlay District) 20.304.3 Floor Area Ratio Limitation. The maximum floor area ratio Floor Area Ratio (FAR) limitations established in the applicable base-zoning district shall continue to apply to any lot in the Central Square Overlay District unless specifically modified by the following provisions: Ordinance Committee Recommended Amendments: Central Square Restoration Petition February 02, 2017 Page 1

1. As Of Right Limitation. The maximum as of right FAR shall be 3.0 in the Office 3 base zoning district for Residential Uses, Section 4.31 a-h, and 2.0 for all other uses; 4.0 for all Residential uses in the Business B base zoning district, and 2.0 in the Residence C-3 and Residence C-2A base zoning districts 4. Additional FAR for Residential Uses Upon issuance of a special permit, the Planning Board may increase the allowed FAR on any lot or portion of a loi located within the Central Square Overlay District's Business B zone to a total FAR of 4.00 for all nonresidential and residential uses combined, notwithstanding the Rules for Calculation of Permitted Gross Floor Area on a Lot as set forth in Section 5.30.12, as long as more than half of the calculated gross square footage is for residential/hotel use on any given lot and respects existing height limits as of this date. However, the maximum FAR permitted for nonresidential uses on a lot shall not exceed the limitation on non-residential FAR applicable in the base zoning district. 5. FAR Exemption for Residential Balconies Notwithstanding any other provision of this Zoning Ordinance, the Gross Floor Area of balconies, terraces, porches, stoops, or mezzanines on any floor of a structure that are accessory to residential uses and not exceeding five (5) six (6) feet in depth measured back from the principal front adjacent wall plane of a building shall be exempted from the calculation of Gross Floor Area permitted on the applicable lot. Roof top terraces created by building facade setbacks shall also apply if they are a minimum of eight (8) feet clear to maximize usage. All balconies, terraces, porches, stoops and mezzanines must be architecturally integrated with the overall building design in form and materials. 6. FAR Exemption for Rooftop Spaces Notwithstanding any other provisions of this Zoning Ordinance, the Gross Floor Area of open-air spaces on the roofs of buildings, such as roof gardens, terraces, walk ways, including open or enclosed egresses, covered Staircase head-houses, or observation spaces shall be exempted from Gross Floor Area and FAR limitations upon the granting of a Ordinance Committee Recommended Amendments: Central Square Restoration Petition February 02, 2017 Page 2

special permit by the Planning Board. In granting the special permit, the Planning Board may shall place further requirements on the design or operational aspects of spaces exempted pursuant to this Paragraph, including hours of operation, range of activities permitted, signage, sound mitigation (cite standards), lighting (limiting light trespass from such rooftop spaces), or other measures to ensure that the use of the space is consistent with the intent of this Section. 7. FAR Exemption for Ground Floor Retail spaces of 1,500 square feet or less shall be excluded from the calculation of floor area ratio if permanently fixed through a deed restriction. 20.304.5 Use Limitations and Restrictions. In addition to the use regulations applicable in each base zoning district the following use restrictions and limitations shall apply in the Central Square Overlay District: 3. Restricted Uses. (a) In the Central Square Overlay District, an establishment where alcoholic beverages are consumed and where dancing and entertainment is provided, dance hall or similar place of entertainment (Section 4.35g) shall be permitted by right if the principal public entrance or entrances that are directly from Massachusetts Avenue, Prospect Street between Massachusetts Avenue and Bishop Allen Drive, or Main Street or by Special Permit where the base zoning allows such use. In considering an application the Planning Board may consider hours of operation, proximity to a residential neighborhood, signage, lighting, and sound mitigation. (b) Unless specifically waived upon the granting of a special permit by the Planning Board, no individual bank or financial institution (Section 4.34e) shall occupy more than twenty-five (25) feet of building frontage facing Massachusetts Avenue or Main Street, and no more than thirty percent (30%) of a lot's aggregate building frontage facing one or more public streets may be occupied by such uses. 4. Formula Business District. A Formula Business as defined in this Ordinance may be established in the Central Square Overlay District only after the issuance Ordinance Committee Recommended Amendments: Central Square Restoration Petition February 02, 2017 Page 3

of a special permit from the Planning Board. In reviewing an application the Planning Board shall take the following into consideration: (a) The extent to which the design of the proposal reflects, amplifies, and strengthens the established historical character of existing buildings and store fronts in Central Square. (b) The extent to which the particulars of the building or storefront design is varied from the formula or standard design of the chain in order to reflect the unique character and conditions of Central Square generally or the specific location in particular. (c) The extent to which the standard elements of the enterprise as they define it as a Formula Business are modified to respect and provide unique expressions of Central Square history and traditions as well as innovation in physical design and marketing that will distinguish the Central Square location from other locations of the Formula Business. - 20.304.4 (a) Waiver of Setback Requirements. Upon issuance of a special permit from the Planning Board the yard requirements of a Base Zoning District may be waived except where such yard abuts a narrow sidewalk, which restricts pedestrian movement (as existing on side streets within the district), or a lot, but not a public way, outside the Overlay District. Sidewalk minimal clearance standards shall be determined by the Planning Board in consultation with the Department of Public Works. 20.304.4 (b) Waiver of Open Space Requirements. Open Space shall be provided as required in the Base Zoning District, however the Planning Board may allow, by Special Permit, the reduction of required Open Space, and permit such Open Space to be located at levels other than at grade if the applicant can demonstrate that the urban design objectives as set forth in the Central Square Overlay District can be met. 20.304.6 Wavier of Parking and Loading Requirements. (This section will be based on existing City of Cambridge standards for the district. Community Development to update.) Ordinance Committee Recommended Amendments: Central Square Restoration Petition February 02, 2017 Page 4

The provisions set forth in Article 6.000 shall apply except as modified by the provisions set forth below. 1. Maximum Parking. Where any of the following listed uses are established in the Gentral Square Overlay District as of February 1, 2017, the accessory off- street parking for such uses shall be limited by the maximum rates set forth below. For uses not listed below, any maximum rate set forth in Article 6.000 shall apply. When applying such a rate results in a maximum allowed number of parking spaces that is less than the minimum number of parking spaces required by Section 6.35 or other provisions of this Section, then the minimum required number of parking spaces shall be waived so that the maximum limitation may be met. Exceeding the maximum allowed parking shall require a waiver of maximum parking under the general provisions of Article 6.000. (a) Residential Uses (6.36.1), excluding Hotel and Motel (i 2 and i 3): 0.75 space per dwelling unit maximum (b) Hotel or Motel Uses (6.36.1 i 2 or i 3): 0.25 space per sleeping room maximum (c) Office Uses (6.36.4), excluding Technical Office (f): 0.90 space per 1,000 square feet maximum (d) Technical Office Uses (6.36.4 f): 0.80 space per 1,000 square feet maximum Parking and Leading Requirements. Uses in the Central Square Overlay District, which meet the following requirements shall be exempt from the parking and loading requirements as specified in Section 6.36 - Schedule of Parking and Loading Requirements. 1. The use is contained within a structure or portion of a structure in existence on of before June 1, 1940 or if constructed later is identified as a National Register or contributing building; or 2. The use is contained in a new structure or new addition to a structure identified in (1) above, after the issuance of a speciat permit by the Planning Board provided: a. The total development authorized on the site is reduced to ninety (90) percent of the maximum permitted on the lot (?); or a cash contribution is made to the Gentral Square Improvement Fund to be established by the City of Cambridge in an amount equal to the per foot permit cest of construction of the parking spaces Ordinance Committee Recommended Amendments: Central Square Restoration Petition February 02, 2017 Page 5

not provided (Calculation of parking space square footage to be determined by Article 6 Section 6.42 "regular" off street parking space width and depth only), said contributien to be used by the City of Cambridge for ene or mere of the following capital improvements in the Central Square Overlay District: (i) Provision of public parking, preferably for short term users; (i) Programming, events, and infrastructure that contribute to the Cultural District established in Central Square; Commented [pb2]: Reflects Exact C2 Language as Planning Board suggested (#i) Improvements to public parks, or restoration of historic structures, monuments and other features owned by the City of Cambridge of other public agency or a nenprofit organization; (iv) Improvements to public pedestrian and bicycle facilities such as sidewalks, crosswalks, dedicated cycling paths and bigycle parking. The Central Square Advisory Committee shall receive and make comments on any proposal for the expenditure of such cash contributions. The funds shall not be used for ordinary maintenance activities normally undertaken by the City of Cambridge. The value of the cash contribution shall be determined by the Community Development Department assuming equivarent structured parking spaces and using generally accepted cost estimation methods customarily used by architects and engineers or using actual construction costs for comparable contemporary parking construction in Cambridge: b. The subject lot is sufficiently small in size as to contribute to a development pattern of diverse, small scale, new structures and the retention of existing structures (for lots exceeding 10,000 square feet a specific finding shall be made that this objective has been met). (impact unclear? City input needed.) c. The Planning Board shall specifically find that an exemption from parking and loading requirements will result in a building design that is more appropriate to its location and the fabric of its neighborhood and that it is in conformance with the objectives and criteria contained in Central Square Development Guidelines (to be expanded and approved). Ordinance Committee Recommended Amendments: Central Square Restoration Petition February 02, 2017 Page 6

d. No National Register or contributing building is demolished or so altered as to terminate or preclude its designation as a National Register or contributing building; and e. No National Register or contributing building has been demolished or altered so as to terminate or preclude its designation within the five (5) years preceding the application. The Planning Board shall specifically find that an exemption from parking and loading requirements will result in a building design that is more appropriate to its location and the fabric of its neighborhood and that it is in conformance with the objectives and criteria contained in the Central Square Development Guidelines. (4) Location of Parking. For any new development in the Central Square Overlay District that requires a special permit from the Planning Board, notwithstanding anything to the contrary in Article 6.000, the accessory parking may be provided on-site or within existing parking facilities elsewhere in the Central Square Overlay District, subject to Planning Board Approval. In general, new development shall use below-grade structured parking instead of existing surtace parking lots; however, the Planning Board may approve the use of existing surface parking in special circumstances, such as temporary parking for a phased development or special permits for small-scale retail uses in existing buildings. Ordinance Committee Recommended Amendments: Central Square Restoration Petition February 02, 2017 Page 7