Technology Park Planned Unit Development Technology Park PUD-IP

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Technology Park Planned Unit Development Technology Park PUD-IP Rob Anderson Community Development Director

Planned Unit Development Background 2 Planned Unit Development (PUD) means a mixed use redevelopment on a plot of land. An overlay does not remove the underlying industrial zoning; those uses like manufacturing, R&D, and office use can still happen but Billerica has a tool to encourage development and the addition of business amenities. This PUD-IP zoning language is targeted to industrial parks and their parcels, and is similar to what was presented last Fall, but with some changes. The addition of this zoning language and identification of the Technology Park PUD-IP district can increase commercial activity, give greater site design standards for construction, focus mixed-use development, promote pedestrian safety, provide significant tax revenue and lower infrastructure costs, and lessen the effects of suburban sprawl.

Billerica Master Plan What does the Billerica Master Plan say about mixed use? Land Use Vision, Goals and Actions Goal 1 Promote better and higher use of the Town s commercial centers, industrial clusters, and underutilized brownfield areas, and seek places for mixed use. Off Concord Road near Exit 27 there are two office parks Federal Street and Technology Park that have few or no amenities. The prime location of these areas offer good potentials for mixed use development. 3 The addition of the PUD-IP district at Technology Park can allow Billerica the opportunity to one of the accepted goals of the Master Plan.

Technology Park Overview 4 Located just off exit 27 on Route 3, Technology Park is over 130 acres with an existing amount of existing commercial space. The vacancy rate in the park is significantly higher (~41%) than other suburban parks in Billerica. Although there are some large tenants (Raytheon, E Ink, Marriott Hotel, GE), 290 Concord Road (143,000 SF) is completely empty, 600 Technology Park (467,000 SF) has 370,000 SF available. There is more development potential at the site. It is the town s goal to promote higher and better uses at the location. Billerica has been communicating with one of the larger owners, the Gutierrez Company, on a phased development approach to bring a mix of uses to the Park.

5 Technology Park PUD-IP District

Technology Park Concepts (Gutierrez) Please note that these are concepts and actual development may vary. 6

Technology Park Concepts (Gutierrez) Please note that these are concepts and actual development may vary. 7

Technology Park Concepts (Gutierrez) Please note that these are concepts and actual development may vary. 8

Zoning Last Fall, Billerica brought forward PUD-IP Language to Town Meeting. Zoning requires a 2/3 vote, and although the overwhelming majority, 64.9% of Town Meeting Members (111 of 171), supported the initiative, it failed by 3 votes. However, feedback from Town Meeting was heard and those concerns were addressed in the updated zoning language. Those material changes are highlighted in red on the following pages. 9

Zoning Language 24.1 Additional Use and Dimensional Requirements as to PUD-IP The following paragraphs shall serve as the basic Use and Dimension Requirements to which all PUD-IP projects shall adhere within each PUD-IP overlay district and shall be used by the Planning Board to evaluate any proposed project. a. Parcel Size and Eligibility The minimum size of a PUD-IP development parcel shall be 5 acres. A development parcel may consist of land in more than one ownership, provided that all land comprising the parcel lies entirely within the PUD-IP overlay district and is contiguous. Lots separated by a street or right-of-way or private way 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. b. Permitted Uses in PUD-IP A PUD-IP may contain any or all of the uses allowed in a PUD, subject to the following: (1) Adult Entertainment Establishments are expressly prohibited in a PUD-IP District. (2) To encourage and promote the establishment of business amenity uses (such as restaurants, retail, banks, and other secondary uses to the primary use) within portions of a PUD-IP district that are within 300 feet of a Town boundary, no multifamily dwellings shall be allowed pursuant to a PUD-IP Special Permit on land that is within 300 feet of a Town boundary for a period of seven years after the adoption of the Zoning Bylaw placing such land within the PUD-IP overlay district. (3) In recognition of increased density and economic benefits to the applicant pursuant to a PUD-IP Plan, the Planning Board may consider and condition the number and interior layout of bedrooms in buildings containing multiple residential units that are being proposed by the developer in evaluating the criteria pursuant to this Section. c. Intensity of Use in PUD-IP The basic permitted intensity of the residential use in a PUD-IP development shall not be greater than 0.90 FAR for a PUD-IP development that is more than 300 feet from a municipal boundary. 10

Zoning Language For mixed use development that devotes at least 5% of the total square footage to amenity uses such as restaurants and retail, the developer can increase the residential intensity to 1.0 FAR. In order to assist in making this calculation, plans submitted for a PUD-IP Special Permit that contain residential use shall show what portion and area of the development parcel will be put to such use. Land under dwellings, residential court yards, residential driveways, non-structured parking areas that serve only residential uses and roadways that serve only residential uses shall not be counted as part of the development parcel in calculating the FAR. Areas which have been counted to satisfy the intensity limit for residential use may not be counted to satisfy the intensity limit for commercial use, and areas which have been counted to satisfy the intensity limit for commercial use may not be counted to satisfy the intensity limit for residential use. There will be a cap of 250 residential units within a each independent PUD-IP district. If rental, a minimum of ten percent (10%) of the total number of dwelling units shall be restricted as affordable "in perpetuity." If for sale, a minimum of ten percent (10%) of the total number of dwelling units shall be restricted as affordable in perpetuity. As an alternative to the above for sale requirement, and as allowed by law, an applicant may set aside at least 30% of the total units for rental and must restrict 1/3 (33%) of the rental units as affordable in perpetuity. Affordable dwelling units shall be eligible for inclusion on the Chapter 40B Subsidized Housing Inventory maintained by the Massachusetts Department of Housing and Community Development (DHCD). 11 d. Dimensional Requirements Each PUD-IP development shall be governed by the dimensional requirements of this Section. These requirements apply only to the subject parcel as a whole, not to individual lots created within the PUD-IP. Height The maximum building height within a PUD-IP shall be as follows: (1) The maximum building height as to a residential building shall be 50 feet except that a residential building that is less than 50 feet from the PUD-IP parcel boundary abutting a residential property shall not exceed 40 feet in height, and shall not be closer than 50 feet from such residential property. A residential building that is at least 100 feet from dwellings that are outside of a PUD-IP and in existence at the time of Preliminary PUD-IP Plan submission may have a maximum height of 55 feet, except that a dwelling within 300 feet of the Town boundary may have a maximum height of 60 feet.

Zoning Language (2) The maximum height of a mixed use building shall be 65 feet. Height shall be measured in the manner defined in Section 2 of the Zoning By-laws. If requested, the Planning Board may modify this requirement to allow for additional height (no more than 10%) in circumstances where additional sidewalks, open space, recreation or other amenities benefitting the public are provided. Setbacks and Buffers in a PUD-IP The extent of buffering and setbacks shall in every case be based upon the following criteria as reviewed by the Planning Board: Existing topography Existing vegetation Existing and Proposed Structures within and outside the PUD-IP district Non-residential Setbacks All non-residential buildings shall be located at least 20 feet from the boundary of the PUD-IP parcel, excepting a boundary which is also the Town boundary. The Planning Board will have the discretion to grant relief on front and side setbacks to coincide with the pedestrian environment. Nonresidential buildings (except structured parking) shall not be located less than 100 feet from dwellings outside of a PUD-IP District and in existence at the time of Preliminary PUD-IP Plan submission without the written consent of the owner of such dwellings and shall not be less than 50 feet from dwellings in the PUD parcel. There shall be a landscaped and/or naturally vegetated buffer at least 50 feet wide where a nonresidential area of a PUD-IP parcel abuts residential properties outside the PUD-IP district. Residential Setbacks All residential buildings within a PUD-IP District shall be at least 20 feet from the PUD-IP parcel boundary, which 20 foot strip shall be landscaped and/or naturally vegetated except that a residential building that abuts a residential zone not in the PUD-IP District shall be no closer than 50 feet (excluding a parcel boundary that is also a Town boundary) and a dwelling that is over 35 feet in height must be at least 40 feet from the PUD-IP parcel boundary (excluding a parcel boundary that is also a Town boundary). Natural vegetation shall be preserved in the minimum setback area along the PUD-IP parcel boundaries that abut property used for residential purposes. Buildings within the PUD-IP District which contain residential units shall be no closer than 35 feet to each other. The Planning Board may allow the required 20 foot residential setback strip for dwellings in a PUD-IP parcel to be measured from the outer boundary of an abutting parcel. 12

Zoning Language 13 Open Space A PUD-IP development shall set aside at least 25% of its total parcel area as required open space. As in all zoning districts, Required Open Space may include wetlands and water bodies; vegetated/landscaped area, including buffers; pedestrian paths, side-walks, and covered walkways; public plazas and hard surfaced recreation areas; and playgrounds and public seating areas. Open space areas shall have a shape, dimension, character, and location suitable for passive recreation, or conservation, and shall be open to occupants within the PUD-IP; access by the general public is required. Recreation Connection Any development within a PUD-IP District should make every attempt to connect to existing recreation uses nearby, such as bike and walking trails. The inclusion of bike racks will be included as part of the site design. Additionally, to promote pedestrian safety and healthy living, a sidewalk connection to recreational locations is desired. Parking Parking within the PUD-IP development will be calculated at a minimum of 1.25 spaces per unit for residential developments, and the commercial parking calculations will follow the PUD guidelines. The Planning Board may also waive some factor of parking if reduced parking is shown to not cause a detriment to the neighborhood. Shared Parking Shared parking may be approved by the Planning Board as part of the PUD-IP decision subject to the following criteria: (1) Shared parking areas must be shown on a plan, be definable, be separated by topography from other shared parking areas, and be in close proximity to the uses they serve (2) Parking needs between the uses sharing parking areas shall be shown by the applicant to be different in terms of the times of the peak needs with little overlap of such peak needs (3) The number of parking spaces for a shared parking area shall be at least the required number for the larger of the needs (4) An executed lease or other form of agreement between or referencing the parties sharing parking, in form acceptable to the Planning Board, must be filed with the Planning Board and the Town Clerk prior to issuance of a building permit for the uses sharing the parking. (5) If uses, or parties in interest noted in subsection d. above, change for the areas delineated on the PUD-IP plan, then a modification subject to the requirements of this Section shall be filed and decided upon by the Planning Board prior to the issuance of building permits for the proposed areas.