40R Smart Growth Zoning MGFOA Meeting October 8, 2019 I. 40R - - PowerPoint PPT Presentation
Wellesley Office Park 40R Smart Growth Zoning MGFOA Meeting October 8, 2019 I. 40R overlay zoning and 40R payments II. Conceptual redevelopment plans Presentation III. Highlights: Development Agreement Outline IV. Summary: fiscal impacts
MGFOA Meeting October 8, 2019
I. 40R overlay zoning and 40R payments II. Conceptual redevelopment plans III. Highlights: Development Agreement
V. Process Steps
2
Enacted 2004
schools
Strategy for Smart Growth & Economic Development (2003) Legislature’s response to:
Basic premise: suburban zoning promotes sprawl, discourages efficient land use, creates barrier to housing affordability How to reverse? Cash payments to cities & towns to encourage higher-density housing development in “smart” locations Mitigate fiscal impact (if any) Streamline the approval process Limit developer’s risk
Transit access Area of concentrated development, e.g., established city or town center or other commercial node “Rural village” district (Western MA) “Other Highly Suitable Location”
Category 40R 40A Density Must allow high-density development by right May allow high-density development by right or SP Affordable Housing Requires affordable housing Does not require affordable housing Plan Approval Requires streamlined Plan Approval process May require permitting under traditional SP timeline; site plan review without SP is an option Infrastructure Must show adequate infrastructure exists to support 40R development No specific infrastructure provisions Design Review Explicitly provides for plan review and design review, reasonable design standards Statute does not specifically provide for design review for as-of-right uses Appeals Decisions appealed to Land Court, Superior Court, Housing Court Decisions appealed to Land Court or Superior Court; timeline uncertain Local Deference Local approval presumed to comply with 40R Court generally defers to local board, but higher standards an longer appeal may apply when abutters appeal special permit Appeal Bond Appellant seeking reversal of decision must post a bond and forfeit it if appeal denied No appeal bond required Incentive Payments Incentive payments provided to Town No incentive payments
6
40R Overlay Zoning Minimum Regulatory Requirements
Category Requirement Application to Wellesley Office Park
Eligible Location Must be (1) within a SubstantialTransit Access Area; (2) within a Area of Concentrated Development; or (3) a location that would nonetheless promote Smart Growth WOP is an Area of Concentrated Development
Adequate Infrastructure Local officials must certify that infrastructure (e.g., water, sewer, transportation) is adequate (or may be practicably upgraded) to serve the proposed housing density Infrastructure may be practicably upgraded to serve the proposed housing density based on analysis from DPW, MLP, Police, and Fire.
Minimum Density The overlay must allow multifamily housing to be built as-of-right at density of at least 20 units per acre Based on 26.55 acres, a minimum of 530+/- multifamily housing units must be permitted as-of-
Minimum Affordability The text must require that at least 20% of the units developed district-wide and per project using the overlay must be affordable at 80% of AMI or less for at least 30 years Draft Bylaw requires all housing to be rental and at least 25% of units affordable.
District Size Municipalities can create more than one district, as long as none exceed 15% of their land area and the total doesn’t exceed 25% Proposed area is 0.40% of Wellesley’s total land area. ✓ As-of-Right Approval The local plan approval authority reviews project applications to ensure compliance with the bylaw and design standards. Parties appealing an approval must post a bond to cover the potential costs of delay to the developer Draft Bylaw allows residential development by- right; Requires additional PSI process for non- residential projects.
7
Zoning Incentive Payment
Awarded upon DHCD approval of the 40R district
Assuming >500 zoned units, payment would be equal to $600,000 Bonus Payments
Equal to $3,000 for each unit of new housing built in the 40R district above the number of existing zoned units
Payable once building permit is issued for housing units For the initial 350-unit multifamily building, the payment would total at least $711,000. Subsequent payment for the second phase multi- family building would total at least $600,000.
Key Housing Production Plan Strategies Amend Administrative and Professional District to allow multi-family and mixed use. Create a 40R district to overlay Administrative and Professional District. Consider new zoning innovations, including in the area of Worcester Street/Route 128.
9
40B and the Subsidized Housing Inventory: To meet it’s 10% goal, Wellesley needs 909 SHI units of its 9,090 total year round housing units, per the 2010 census. 334 more units are needed to achieve 10% statutory minimum (plus more units to plan for 2020 census).
Wellesley Office Park and Housing Production: This first phase of WOP’s redevelopment contemplates a 345-350 unit rental multifamily apartment community. Proposed 40R Bylaw requires 25% affordability - all 345-350 units will count towards the Town’s SHI Achieving the 10% SHI minimum will give the Town the discretion to deny new hostile 40B projects Units will be added to SHI when site plan approval is granted to multifamily apartment project by the Zoning Board of Appeals
10
River, City of Newton, Town of Needham
(Bldg 45 = 71.6’)
Residence District
permitted 14
Overlay District (SGOD)
(SGOD) 15
New 40R Overlay Zoning
Category Underlying Zoning Existing Conditions 40R Zoning
Affordable Housing N/A N/A 25% (all rental units to count towards Town’s subsidized housing inventory) Housing Density 1/acre N/A At least 20/acre; 600 total units Maximum Height 45 feet 71.6 feet (Building 45) 85 feet; 575 feet aggregate height FAR Limit 0.4 per lot (w/ special permit) 0.31 to 0.72 (all but one lot exceeds 0.4 FAR) N/A Permitted Uses Single Residences; Offices; R&D Office and other accessory uses Multi-Family; Elderly Housing; Small-Scale Retail; Restaurant; Office; Office-High Tech; Hotel; Bank; Conservation; Recreation Minimum Open Space 30% of lot area Approximately 33% (aggregate) N/A Lot Coverage No more than 20% of lot area may be covered by a building Approximately 17% (aggregate) N/A Lot Area 40,000 sq. ft. minimum >40,000 sq. ft. N/A Parking One space for 100 sq. ft. of ground coverage of buildings but not less than 3.2 spaces per 1,000 sq.
1,927 parking spaces Minimum and maximum parking requirements; ZBA may modify parking requirements taking into consideration share parking and other factors Setbacks 50 feet Generally comply No minimum; 25 foot perimeter buffer Design Guidelines Must comply with Town Design Guidelines Generally comply Must comply with Town Design Guidelines PSI Special Permit Process Must comply with Town’s Project of Significant Impact (PSI) Rules and Regulations Must comply Non-residential developments must comply with Town’s PSI Rules and Regulations
16
40R zoning allows for 600 rental housing units with 25% affordable; multifamily apartment project consists of 350+/- units; additional residential density allows for up to an additional 250 rental units (also 25% affordable); all units to count on Town’s SHI. New municipal water and sewer lines will be installed at the outset, along with a new sewer pump station
Town agrees to pay up to 50% of the water and sewer lines up to $500,000. Payment will come only from available 40R payments. Pump station to be constructed at owner’s cost; owner to maintain.
Owner will make minor traffic improvements along Route 9 (e.g., re- striping on Frontage Road, an improved island on William Street and other pedestrian/safety improvements). Owner will complete and make a 25% design submission to MassDOT for a right-turn slip lane onto Route 95NB prior to the CO for Phase 1. Owner will be obligated to study and implement traffic mitigation for any subsequent redevelopment within the office park.
17
Owner will pay to install police/fire communications equipment in all five-story and higher buildings. In the course of site plan review, Owner will finalize environmental design strategies, which include the following:
Reduction of heat island Reduction in outdoor water use Stormwater management enhancements Enhancement of open space Protection of floodplain Wetlands/natural resources protection Site energy saving Traffic demand management practices to reduce vehicle trips Manage landscapes using natural materials and reduce chemical use Design and construct high energy and low water/sewer use buildings Additional EV charging stations
18
Gross leasable office area (all existing)
residential and office uses
19
Wellesley Office Park Residential Conceptual Rendering
(looking north on William Street)
Wellesley Office Park Residential Conceptual Rendering
(looking south down William Street)
Wellesley Office Park Imagining Potential Mixed Use Redevelopment
22
Anticipated Payments to Town:
Upon final approval of 40R district by DHCD after Town Meeting approval and MA AG approval of bylaw $350,000 Incentive Payment (based on DHCD’s payment scale) Within 10 days of submission to DHCD of proof of issuance of building permit for the project(350 units) $990,000 Bonus Payment Based on 330 “Bonus Units” (350 – 20 existing zoned units x $3,000)
Within 10 days of submission to DHCD of proof of issuance of building permit for potential future residential development (250 units) $250,000 Incentive Payment (based on DHCD’s payment scale) $750,000 Bonus Payments based on 250 “Bonus Units” x $3000
23
A comprehensive fiscal impact analysis was performed by Fougere Planning and Development Inc. and reviewed by Judi Barrett, Housing advisor to the Town. Key findings include: Ongoing Benefits Redevelopment will significantly increase values and tax revenue (property tax, vehicle excise tax, CPA funding) Multifamily Apartment project will generate about $1.2m in property taxes and about $200k in other income annually Municipal costs associated with Multifamily Apartment project are estimated at $547k, with a net positive to the Town of about $900k annually One-Time Payments The redevelopment will also generate $1.7m in building permit fees for the Multifamily Apartment project. Approx. $1.3m in 40R payments for Multifamily Apartment project; est. $1m for potential subsequent phases Potential future development is projected to be significantly net positive to the Town.
24
John Hancock proposes 40R District Town holds public hearing on concept, BOS decides whether to submit application to DHCD. Application and materials finalized, submitted to DHCD. DHCD reviews and approves site for eligibility for 40R zoning. Upon approval from DHCD, BOS calls Special Town Meeting and proposes Zoning Bylaw and Map amendment. BOS and John Hancock sign Development Agreement PB holds public hearing on Zoning amendments. Town Meeting votes on 40R zoning overlay. AG review and approval. Submission to DHCD for final approval. Project elements undergo local “plan review.”