The Overlook Ridge overlay district (OROD) is herein established
as an overlay district. The purpose of the OROD is to encourage the
development of comprehensive, high-quality mixed use projects based
on sound planning principles on large, contiguous parcels of land
while at the same conserving public health; securing public safety
from fire, flood, and other natural catastrophes; providing sufficient
light and air; making adequate provision for transportation, water,
water supply, drainage, sewerage, parks, open space, and preservation
of natural resources; preserving or increasing public amenities; and
providing adequate net tax revenue to offset any effects posed by
large-scale development.
(C.O. 09-466, § 1, 12/14/2009)
The boundary of the OROD is set forth on the attached Exhibit
A. Within the OROD, there shall be three subdistricts (A, B and C),
the boundaries of which are set forth in Exhibit A.
(C.O. 09-466, § 1, 12/14/2009)
Any person or entity who proposes to develop land within the
OROD may elect to comply with the provisions of this section in place
of the provisions governing the underlying zoning district. However,
once such an election has been made and any portion of the land within
the OROD has been developed in accordance with the provisions of this
section, the provisions of the underlying zoning district shall cease
to have any application to the undeveloped land remaining in the OROD
and such land may only be developed in accordance with the provisions
of this section.
(C.O. 09-466, § 1, 12/14/2009)
Any person or entity who proposes a development within the OROD
shall not use, construct, erect, place, alter, or convert, in whole
or in part, any building, structure, or land for any use listed below.
C. Adult
motion picture theater.
I. Fast
food or drive-thru restaurants (however, coffee shops are allowed).
L. Manufacturing
and repair.
N. Motor
vehicle repair shop.
P. Sale
of automotive parts.
R. Wholesale
and distribution.
(C.O. 09-466, § 1, 12/14/2009)
Any person or entity who proposes a development within the OROD
shall not use, construct, erect, place, alter, or convert, in whole
or in part, any building, structure, or land for any purpose or in
any manner other than for one or more of the uses listed below, which,
except where a special permit from the city council is required, are
to be permitted by right in place of any limitations in the underlying
zoning district. Any use not specifically listed below as an allowed
use, either as of right or by special permit, shall be prohibited.
All development within the OROD shall be in compliance with the land
reclamation agreement, defined below, as then in effect:
A. Subdistrict
A (OROD A).
1. Passive
recreational uses.
3. Renewable
energy facilities, including without limitation, wind energy conversion
systems, machinery and equipment, provided such systems shall not
cause interference with radio and/or television broadcasting or reception
and shall comply with the provisions of 47 CFR Part 15, and further
provided that the base of such facility shall be located at least
150 feet from any residential structure and shall be allowed only
by special permit issued by the Revere City Council.
B. Subdistrict
B (OROD B).
1. Dwelling,
condominium/apartment (up to eight stories). Over eight stories, but
not to exceed 10 stories, is allowed by special permit from the city
council.
2. Hotels
(up to 12 stories).
3. General
office (up to 12 stories).
4. Medical
and dental office (up to 12 stories).
5. Professional
office (up to 12 stories).
6. Bank
and financial institution (up to 12 stories).
7. Restaurant
(provided that the gross floor area for a stand-alone building for
restaurant uses may not exceed 10,000 square feet).
8. General
retail sales and service (up to 30 feet in height and two stories).
Also allowed in a residential building on the first or second floors,
provided that no individual tenant or occupant may exceed 5,000 square
feet.
9. Neighborhood
retail sales (up to 30 feet in height and two stories). Also allowed
in a residential building on the first or second floors, provided
that no individual tenant or occupant may exceed 5,000 square feet.
10. Ongoing excavation and gravel operations, subject to that certain
land reclamation agreement, dated April 10, 2001, as extended, between
Overlook Ridge, LLC, the City of Malden and the city of Revere (the
"Land Reclamation Agreement").
11. All accessory uses customary and incidental to any of the above principal
uses, including, without limitation, a coffee shop.
C. Subdistrict
C (OROD C).
1. Hotels
(up to eight stories).
3. General
retail sales and service.
4. Neighborhood
retail sales.
5. Municipal
fire facility and uses incidental thereto.
(C.O. 09-466, § 1, 12/14/2009; C.O. 24-114, 4/8/2024)
Where a person or entity has elected to comply with the provisions of this section, the dimensional regulations set forth below apply to any project within the OROD in place of the dimensional regulations applicable in the underlying district as set forth in Chapter
17.24 of this title. For purposes of determining whether the proposal satisfies these requirements, the entire area of the OROD shall be considered one lot, irrespective of the individual lots or parcels comprising that area. Where a proposed building is located partially within the city of Revere and partially within the city of Malden, the following dimensional requirements shall only apply to that portion of a proposed building located in the city of Revere. No portion of land within another municipality may be used to satisfy dimensional requirements applicable in Revere. Contiguous land located outside of the OROD, but owned or controlled by an entity (or related entity) owning land within the OROD, may be used to satisfy the dimensional requirements of Section
17.23.050.
A. Minimum
Distance Between Buildings: Thirty feet, twenty feet of which may
not be encumbered by a structure.
B. Maximum
Height: Twelve feet per story, except eighteen feet for any story
used for retail or restaurants. Parapets less than five feet high,
chimneys, flag poles, ventilators, water tanks, antennas, penthouses,
solar panels, wind generators and associated towers, and other projections
used for or intended to be used exclusively for utility services or
access to the roof may exceed the height limitations of this chapter
by not more than twenty feet. For purposes of calculating the maximum
height of buildings in the OROD, height shall be measured by reference
to the National Geodetic Vertical Datum of 1929 (NGVD 29). The maximum
height shall be as follows:
8-story residential building
|
Elevation 190 (NGVD 29)
|
10-story residential building
|
Elevation 210 (NGVD 29)
|
Non-residential building (Subdistrict C)
|
Elevation 190 (NGVD 29)
|
Non-residential building (Subdistrict B)
|
Elevation 235 (NGVD 29)
|
C. Maximum
Number of Stories: Eight stories for residential use, up to ten stories
with a special permit. Twelve stories for hotel and office uses, except
eight stories in subdistrict C. Parking garages located under a building
shall be excluded from the calculation of stories.
D. Minimum
Building Setback from Property Boundary Lines: Thirty feet.
E. Minimum
Building Setback from Streets or Ways, Public or Private: Twenty feet.
F. Breedens
Lane Buffer: Notwithstanding anything in this chapter to the contrary,
except for installation of additional landscaping, an undisturbed
buffer area at least one hundred feet in width shall be maintained
along that portion of Breedens Lane that abuts land in the OROD. There
shall be no access or egress from Breedens Lane to any portion of
the OROD.
G. Minimum Usable Open Space: The minimum open space within the OROD shall be two hundred square feet per dwelling unit. In addition, the total amount of open space within the OROD must be ten percent of the land area of the OROD. Usable Open Space shall consist of areas for active or passive recreational use. Open spaces may be provided on the roof or within a building and may include, but not be limited to, sauna and whirlpool baths; physical exercise rooms; handball, paddleball, and/or squash courts; tennis courts; basketball courts; swimming pools; lawns or greens; walks; benches; and other active or passive recreational facilities. A maximum of twenty-five percent of the Useable Open Space may be provided through indoor facilities. For purposes of calculating Usable Open Space, all of the land within the OROD shall be considered one lot. Compliance with the foregoing shall be subject to review and approval under Section
17.23.060.
H. Maximum
Lot Coverage, Principal and Accessory Buildings (Percentage of the
Property): Fifty percent for principal buildings and twenty percent
for accessory buildings, not including parking areas or structures.
I. Frontage: The minimum lot frontage requirement within the OROD shall be seventy feet along a street line. Streets shall include public or private ways approved and endorsed by the Revere Planning Board or private internal access drives. Where frontage is provided by an internal access drive such access drive shall contain a paved width from curb to curb of at least twenty-four feet and otherwise satisfy the site plan review criteria set forth in Chapter
17.17 of this title. Where parking is allowed on the access drive, the paved width shall be increased nine feet for each side of the access drive used for parallel parking and eighteen feet for each side of the access drive used for head-in parking. Notwithstanding the foregoing, the main access boulevard that provides access from Salem Street to Route One shall require approval by the planning board under the Subdivision Control Law.
J. Density: Except by special permit from the city council, the floor area ratio, as defined in Section
17.08.300 of this title, shall not exceed 3.0. For purposes of calculating the floor area ratio, all of the land within the OROD shall be considered one lot. Parking structures shall be excluded from the calculation of floor area ratio.
K. Retail
Use Limitation: Notwithstanding anything in this chapter to the contrary,
(i) the total amount of retail space housed in the first or second
floor of all residential buildings may not exceed forty thousand gross
square feet in the aggregate; (ii) the total amount of retail space
in stand-alone retail buildings within the OROD may not exceed ninety
thousand gross square feet in the aggregate; and (iii) no stand-alone
building for retail use shall have a building footprint in excess
of thirty thousand gross square feet. In addition, no individual tenant
or occupant of a stand-alone building used for retail uses shall occupy
more than fifteen thousand gross square feet, except that a supermarket
may have up to thirty thousand gross square feet. Notwithstanding
the foregoing, the maximum amount of area devoted to retail uses set
forth herein shall be reduced proportionately (on a one-to-one basis)
upon the issuance of a building permit by the city of Malden that
authorizes retail uses on land within the city of Malden that is (a)
contiguous to land within the OROD, (b) located in a similar overlay
district, and (c) subject to the Land Reclamation Agreement. By way
of example, if a building permit is issued for twenty thousand gross
square feet of stand alone retail use on such contiguous land within
the city of Malden, then only seventy thousand gross square feet of
stand alone retail use will thereafter be allowed within the OROD
in Revere.
(C.O. 09-466, § 1, 12/14/2009)
Any proposed project within the OROD must undergo site plan review by the site plan review committee ("SPRC") in accordance with the provisions set forth in Chapter
17.17 of this title. If in the judgment of the SPRC, the imposition of reasonable conditions would not ensure that the proposed development would conform to the standards and criteria set forth herein and in Chapter
17.17 of this title, the SPRC may deny site plan approval entirely. In addition to the site plan review criteria set forth in Chapter
17.17, any proposed project within the OROD shall be subject to the following additional review criteria:
A. Building
design to ensure that the proposed project is architecturally compatible
with neighboring structures within the OROD, including building massing,
proportions, setbacks, materials, fenestration, ground level treatment
and other related architectural characteristics.
B. Within
surface parking areas serving retail and restaurant uses there shall
be a minimum of one tree per every twenty cars, located within a landscaped
island within the parking lot. Within such parking lots there shall
be no uninterrupted run of parking spaces for over twenty cars without
a break for landscaping. Additional landscaping shall be provided
along the edge of all parking areas.
C. Trees
shall be installed in sidewalks running in front of retail stores
spaced at thirty feet on center.
D. Roadway
widths and turning radii shall meet the requirements of service and
fire protection vehicles. Service areas shall be screened from pedestrian
view by either architectural or landscape screening elements. All
trash areas shall be screened with architectural enclosures.
E. Consistency
with the master plan for the OROD, dated September 21, 2009 as may
be amended and with the terms and conditions of the adopted and then
enforced land reclamation agreement.
(C.O. 09-466, § 1, 12/14/2009)
In place of the parking requirements set forth elsewhere in
this ordinance, any project within the OROD may comply with the following
requirements. Where a proposed building is located partially within
the city of Revere and partially within the city of Malden, the following
dimensional parking requirements shall only apply to that portion
of a proposed building located in the city of Revere. No portion of
land within another municipality may be used to satisfy dimensional
requirements applicable in Revere.
A. A project
shall provide two parking spaces per unit for each building proposed
for residential use. Parking for a residential use shall be provided
within eight hundred feet of the building to be put to this residential
use.
B. A project
shall provide one parking space per room for any hotel use.
C. A project
shall provide four and one-half parking spaces per thousand square
feet of retail sales or retail service use.
D. A project
shall provide one parking space per four seats for restaurant uses.
E. For all other uses, the parking and loading requirements shall be as set forth in the Table of Off-Street Parking and Loading Regulations set forth in Chapter
17.28 of this title.
F. The
loading requirements for any project within the OROD may be reduced
pursuant to site plan review upon a finding by the SPRC that the required
number of loading spaces exceeds the likely need for loading spaces
with respect to a specific use.
G. Off-street parking and loading facilities shall comply with the dimensions for parking spaces and loading spaces and the minimum widths for parking aisles and access and egress driveways required pursuant to Chapter
17.28 of this title, unless deviations from these requirements are requested, substantiated, and approved through the site plan review process. In addition, off-street parking and loading facilities shall provide adequate lighting and screening as required by the SPRC pursuant to site plan review.
(C.O. 09-466, § 1, 12/14/2009)
A. Notwithstanding any other provision of this chapter, within the OROD, multiple buildings on a single lot are allowed, provided that the building separation requirement set forth in Section
17.23.050 of this chapter is met.
B. Notwithstanding
any other provision of this chapter, within the OROD, retaining walls
shall be allowed subject to site plan review by the SPRC.
C. Within the OROD, signs shall be regulated as set forth in Chapter
17.36 of this title.
D. Notwithstanding
any other provision of this chapter, after the issuance of site plan
review letter and any building permits based thereon, the owner of
the property on which the development is proposed may divide or subdivide
the property and convey the property or portions thereof to related
or unrelated entities, as necessary to complete the development plans,
and this subdivision or conveyance shall be deemed to be in compliance
with this section and shall not render the resulting properties in
violation of this ordinance. For instance, it is the intent of this
provision that the proponent shall be able to record a master deed
and unit deeds for condominiums created within the contiguous development
and to convey ownership of the common areas to an association of unit
owners and ownership of units to individuals.
E. The provisions of Chapter
17.47 of this title (Community Improvement Trust Fund) shall apply to any special permit issued by the city council allowing an increase in intensity of a residential use.
F. Notwithstanding
any other provision of this chapter, a certificate of occupancy for
any building in the OROD may not be issued until the developer has
designated a location for a "town common" containing a minimum of
50,000 square feet (which may include land located in Malden and/or
Revere) and has commenced construction of such town common. The town
common shall be completed within two months (weather permitting) following
issuance of such certificate of occupancy. Plans for the town common
shall be submitted to the SPRC together with the application for site
plan approval of the first residential building within the OROD. Land
within the town common shall not be counted toward the minimum usable
open space requirement of 200 s.f. per dwelling unit, but shall be
counted toward the minimum open space requirement of 10% of the land
area within the OROD.
G. The provisions of Title
17, Chapter
17.23, of the Revised Ordinances of the city of Revere, the Overlook Ridge Overlay District (OROD), the boundaries of which are set forth in Exhibit A attached and illustrated as OROD "C," shall take effect for OROD "C" upon the final passage of this Revised Ordinance.
H. The owner(s) of the property shall provide the City of Revere with
a development agreement that stipulates a flagpole must be maintained
on Lot 1 at a location to be approved by the Site Plan Review Committee,
and further that the development agreement stipulates that 15% of
the proposed residential units to be constructed on Lot 15 located
in the City of Revere are dedicated for affordable housing.
(C.O. 09-466, § 1, 12/14/2009; C.O. 24-114, 4/8/2024)