The city council may grant a special permit for a PUD in the
following Districts: RC2, HB, PDD1, PDD2, and TED. The special permit
shall conform to this title and to Chapter 40A, Section 9, General
Laws, and to regulation which the council shall adopt for carrying
out its requirements under this title.
(C.O. 83-3 § 17-5(X)(1); C.O. 83-508B § 1; C.O. 85-4A § 36; C.O. 87-661 § 12; C.O. 97-105
§ 38; C.O. 17-284/CZ-17-04, § 23, 9/11/2017)
With the adoption of the ordinance from which this title derives
the city council designates a project review board to review each
proposed PUD. The project review board shall consist of the city engineer,
the building inspector, city planner, health agent and superintendent
of public works.
(C.O. 83-3 § 17-5(X)(2))
The purpose of the PUD district is to provide for a mixture
of land usage within the city at greater density and intensity than
would normally be allowed, provided that the land usage can be shown
to be in the public good and:
A.
Will
improve and/or reinforce the livability and aesthetic qualities of
the surrounding neighborhood and/or environment;
B.
Is
consistent with the objectives of this title;
C.
Promotes
the development of housing in Revere;
D.
Preserve,
promote and encourage use of public and private open space.
(C.O. 83-3 § 17-5(X)(3))
Prior to the submission of an application for a special permit,
the applicant must confer with the project review board to obtain
information and guidance before entering into binding commitments
or incurring substantial expense in the preparation of plans, surveys
and other data.
(C.O. 83-3 § 17-5(X)(4)(a))
The applicant shall file a preliminary plan accompanied by the
form entitled "Submission of Preliminary Plan Planned Unit Development"
to the project review board at regularly scheduled meeting. A copy
of the preliminary plan and the form described in this section shall
also be filed in the city clerk's office. A certified check, in the
amount of the fee described in Table I of this revision, made out
to the city, shall accompany the submission of the preliminary plan.
The project review board, within twenty days from receipt of the plan,
shall review and determine whether the proposed project is consistent
with the development of the city. The project review board may suggest
modifications and changes to the preliminary plan in anticipation
of the filing of the final plan. If the board fails to act within
twenty days, the applicant may proceed to file a final plan.
(C.O. 83-3 § 17-5(X)(4)(b)(part); C.O. 83-52 § 75 (part))
The contents of a preliminary plan for a planned unit development
shall be:
A.
PUD
boundaries, north arrow, date, scale, legend and title ("Preliminary
Plan: Planned Unit Development"), the name or names of applicants
and engineer or designer;
B.
Names
of all abutters, land uses and approximate location and width of all
adjacent streets;
C.
Show
the existing and proposed lines of streets, ways, easements and of
any public areas within or next to the PUD;
D.
The
approximate boundary lines of existing and proposed lots with approximate
areas and dimensions;
E.
Indicate
the proposed system of drainage, including adjacent, existing natural
waterways and the topography of the land;
F.
Show
the existing and proposed buildings, significant structures and proposed
open space on the project site, and to include adjacent buildings
and their actual use;
G.
An
analysis of the natural features of the site, including wetlands,
floodplains, slopes over ten percent, soil conditions and other features
requested by the project review board or required by the regulations
of the board;
H.
A description
of the neighborhood in which the tract lies, including utilities and
other public facilities and the general impact of the proposed PUD
upon them;
I.
A summary
of environmental concerns relating to the PUD.
(C.O. 83-3 § 17-5(X)(5))
A.
The
applicant shall submit an application for a special permit accompanied
by the original final plans, plus six copies, to the city clerk.
B.
The
city clerk shall transmit the original and four copies of the final
plans to the project review board.
(C.O. 83-3 § 17-5(X)(6)(a), (b))
A.
Within thirty-five days of the receipt of the final plan from the city clerk, the project review board shall submit it to the council, accompanied by the written recommendations, in a report discussing the feasibility of the project and its consistency with the purposes put forth in Section 17.20.030.
(C.O. 83-3 § 17-5(X)(6)(c))
A.
The
council, upon receipt of the report of the project review board, but
in any case within sixty-five days of the filing of the final plan,
shall hold a public hearing, notice of which shall be published in
a local newspaper once in each of two successive weeks, with the first
publication to be not less than fourteen days before the date of the
hearing, and shall be mailed to "parties of interest" as defined in
Chapter 40A, Section 11, General Laws, and to any other property owners
deemed by the project review board to be affected thereby. Notice
shall be given by certified mail by the city clerk. The petitioner
shall be responsible for all costs associated with the certified mail
notification.
B.
The
council shall, within ninety days following the public hearing, certify
in writing that the application is approved as submitted, approved
subject to modifications, or denied. If the council fails to issue
its findings within ninety days, the special permit shall be deemed
approved. However, no building permit shall be issued until the plan,
signed by the city clerk, is recorded in the registry of deeds.
C.
Approval
of a special permit for a PUD shall require a two-thirds vote of the
council.
(C.O. 83-3 § 17-5(X)(6)(d)—(f); C.O. 85-4A § 16(K))
If the special permit is denied, the developer shall not submit
substantially the same petition for two years, except as provided
under Chapter 40A, Section 16, General Laws.
(C.O. 83-3 § 17-5(X)(6)(g))
Special permits granted under this chapter shall lapse within
two years, excluding the time required to pursue or await the determination
of an appeal from the grant thereof, if a substantial use has not
commenced sooner or if construction has not started. The council may
grant an extension, after a due process hearing, for good cause, and
shall grant an extension if delay has been caused by the need to seek
other permits.
(C.O. 83-3 § 17-5(X)(6)(h))
No construction or reconstruction except as shown on the recorded
plan shall occur without a further submission of plans to the council,
and a notation to this effect shall appear upon the recorded plan
and upon any deeds to any property within the PUD.
(C.O. 83-3 § 17-5(X)(6)(i))
The application for a special permit and a site plan review
shall be accompanied by the original copy of the final plan and six
copies, and any other data to be submitted, and shall contain the
following data:
A.
It
shall be drawn at a scale of one inch equals forty feet, unless another
scale is requested and found suitable by the engineering department;
B.
A professional
engineer, registered architect or registered landscape architect shall
prepare the site plan;
C.
The
plan shall be stamped by the registered land surveyor who performed
the boundary survey and who shall certify the accuracy of the location
of the buildings, setbacks and all other required dimensions, elevations
and measurements and shall be signed under the penalties of perjury;
D.
A utilities
and drainage plan shall be prepared by a professional engineer;
E.
The
scale, date and north arrow shall be shown;
F.
Lot
number, dimensions of lot in feet, size of lot in square feet, and
width of abutting streets and ways;
G.
Easements
within the lot and abutting thereon;
H.
The
location of existing or proposed buildings on the lot shall be prepared
by a registered architect to include the total square footage and
dimensions of all buildings, all building elevations and floor plans,
and perspective renderings. Further, the depiction of materials and
colors to be used shall be required;
I.
The
location of existing wetlands, water bodies, wells, one-hundred-year
floodplain elevation and other natural features requested by the planning
board;
J.
The
distance of existing and proposed buildings from the lot lines and
the distance between buildings on the same lot;
K.
Percent
of building lot coverage;
L.
Average
finished grade of each building (see definition);
M.
The
elevation above average finished grade of the floor and ceiling of
the lowest floor of each building;
N.
Existing
and proposed topographical lines at two-foot intervals;
O.
The
use designation of each building or part there of, and of each section
of open ground, plaza or usable roof space;
P.
Numbering
of parking spaces;
Q.
Height
of all buildings, above average finished grade of abutting streets;
R.
A landscape
plan to include the total square feet of all landscape and recreation
areas, and depiction of material to be used, and the quantity, size
and species of plantings;
S.
Deed
or other recorded instrument that shows the applicant to be the owner
under option of the land to be designated as a PUD;
(C.O. 83-3 § 17-5(X)(7))
The plan shall be subject to the following conditions and the
council, with the advice of the project review board, shall make a
determination that the project meets all the requirements of Chapter
40A, Section 9, General Laws, and all of the following conditions:
B.
The
PUD has been reviewed by the project review board and approved by
the council as to its design and architectural consistency. Further,
the council shall consider and make recommendation regarding, among
other things, the architectural value and significance of the site,
building or structure, the general design, arrangement and texture,
material and color of the features involved and the relation of such
features to similar features of buildings and structures in the surrounding
area. In the case of new construction or additions to existing buildings
or structures, the council shall consider the appropriateness of the
size and shape of the buildings or structure both in relation to the
land area upon which the building or structure is situated and to
the buildings or structures in the vicinity. Further, the council
may, in appropriate cases, impose dimensional and setback requirements
in addition to those required by this title. The council shall not
consider interior arrangements or architectural features not subject
to public view.
(C.O. 83-3 § 17-5(X)(8))
In a PUD, the following uses are permitted:
A.
Residential:
apartments, only on floors above the ground floor;
C.
Expansion
of buildings or rehabilitation of existing interiors:
1.
Special
permits can be granted to PUD projects that are essentially an expansion
of the existing building, if the expansion will at least double the
existing gross square footage (excluding basements); and if the project
meets all parking and site plan criteria required by the council,
2.
Special
permits can be granted to PUD projects that are essentially a major
renovation of an existing building if the major renovation involves
one hundred percent of the gross floor area, excluding basements;
and if the project meets all parking and site plan criteria required
by the council,
3.
The
council may reduce the required renovation percentage if it can be
shown that the one hundred percent requirement would endanger historically
significant interior space.
(C.O. 83-3 § 17-5(X)(9); C.O. 83-508B § 2; C.O. 85-4A § 36
(part); C.O. 90-37D (part))
For both new construction and expansion, there shall be a minimum
twenty-five-thousand-square-foot requirement for PUD's. All portions
of the project area must be zoned as GB, CB, RC, RC1, RC2, RC3, HB,
PDD1, PDD2, NB, TED, LI and IP.
(C.O. 83-3 § 17-5(X)(10); C.O. 83-508B § 3; C.O. 85-4A § 36
(part); C.O. 90-37D (part); C.O.
97-105 § 39)
A.
The
part or parts of land or structure within a PUD which are reserved
for permanent active or passive recreation use. This space shall exclude
parking areas but include required setbacks, waterways, walkways,
and be open and unobstructed to the sky. Trees, plantings, arbors,
flagpoles, sculpture, fountains, swimming pools, atriums, open-air
recreational facilities and similar objects shall not be considered
"obstruction."
B.
In
all PUD's that are new construction, at least ten percent of the land
shall be set aside as permanent usable open space, for the use of
the PUD residents, or for all PUD users, or for the community. The
required open space shall, at the opinion of the council, be conveyed
to the conservation commission or to a nonprofit conservation organization,
or to a corporation or trust representing persons responsible for
the PUD and shall be protected by a conservation restriction as required
by Chapter 40A, Section 9, General Laws, for common open space in
cluster developments. A covenant shall be placed on the land such
that no part of the PUD can be built, sold or occupied until such
time as a satisfactory written agreement has been executed for protection
of the open space.
C.
Open
space requirements do not apply for PUD use projects which are expansions
of existing buildings or are major internal renovations. It shall
be the objective of this title in cases where private open space has
been traditionally utilized by the public and where the public has
been allowed to use the area as open space by the owner or owners
of the building, that open space should not be included as part of
the building expansion and is subject under this section of the bylaw.
This section shall not apply to playgrounds so called.
(C.O. 83-3 § 17-5(X)(10)(b); C.O. 83-508B § 4)
Insofar as the PUD abuts a residential district, all structures
and facilities within the PUD shall be set back not less than twenty
feet from adjacent residential property lines.
(C.O. 83-3 § 17-5(X)(10)(c); C.O. 83-508B § 5; C.O. 85-4A § 36
(part); C.O. 90-37D (part))
No building in the PUD shall exceed one hundred feet in height
above the mean finished grade of abutting properties for site areas
containing between twenty-five thousand square feet and six hundred
and fifty-three thousand square feet. No building in the PUD shall
exceed two hundred feet in height above the mean finished grade of
abutting properties for site areas containing over six hundred and
fifty-four thousand square feet.
(C.O. 83-3 § 17-5(X)(10)(d); C.O. 87-32 § 1)
A.
In
all PUD projects, adequate off-street parking shall be provided for
all vehicles normally visiting the property at any one time. The parking
may be ground level, underground or in a garage structure. Parking
shall be provided at the following rates, unless otherwise permitted
by the council, for the different types of use within the PUD project
on land in the same ownership or on a separate parcel, provided that
the parking space is within one hundred feet of the building's principal
entrance which fronts on a public right-of-way. The determination
of the distance from the principal entrance of the building to the
potential parking lot shall be the responsibility of the building
inspector who shall apply the one-hundred-foot criteria in a straight-line
method. An agreement shall be recorded dedicating the parcel to parking
use for the reasonable life of the building:
|
Use
|
Minimum Spaces Required
|
|---|---|
|
Apartments, condominiums
|
2 spaces per unit
|
|
All commercial and business activities
|
1 space per 1,200 sq. ft. of floor space or fraction thereof
|
|
Theaters, restaurants or places of public assembly
|
1 space for every 4 seats
|
B.
The
design standards for off-street parking shall be eight and one-half
feet by seventeen feet for angle parking and seven and one-half by
twenty feet for parallel parking.
C.
The
off-street loading requirements for all uses located in a PUD shall
comply with this title, or as otherwise approved by the council.
(C.O. 83-3 § 17-5(X)(11); C.O. 83-508B § 6; C.O. 87-136B § 2; C.O. § 87-340 § 2; C.O. 88-49 § 17(B))
