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HomeMy WebLinkAbout2023-023_Order_Rationale_SCROD (Final Clean) B. NEW BUSINESS (Refer to the Planning Board for Public Hearing) BARNSTABLE TOWN COUNCIL ITEM # 2023-023 INTRO: 08/18/2022 2023-023 AMENDING THE CODE OF THE TOWN OF BARNSTABLE, PART I, GENERAL ORDINANCES, ARTICLE III, §240-39 BY REPEALING AND REPLACING THE SHOPPING CENTER REDEVELOPMENT OVERLAY DISTRICT ORDERED: That the Code of the Town of Barnstable, Part I, General Ordinances, Chapter 240 Zoning, Article III, § 240-39 Shopping Center Redevelopment Overlay District be amended by deleting § 240-39 in its entirety and inserting the following new § 240-39 in its place: “§ 240-39. Shopping Center Redevelopment Overlay District. A. Purposes. 1. The purpose of this § 240-39 is to permit the renovation and redevelopment of a large-scale integrated retail shopping and mixed-use center on a large site with convenient highway access. The Shopping Center Redevelopment Overlay District is established as a special district which overlays another nonresidential zoning district or districts (including a Groundwater Protection Overlay District). 2. The Shopping Center Redevelopment Overlay District permits the redevelopment and expansion of a shopping center subject to the specific regulations and requirements contained in this § 240- 39. If there is an inconsistency between the provisions of this Overlay District Section 240-39 and the underlying zoning district, even where the Overlay District provisions are less stringent than provisions of the underlying zoning district, the provisions of this Overlay District section 240-39 shall govern. The regulations of this § 240-39 relating to use, building and lot dimensions, development intensity, parking, signage and advisory site plan review shall apply only to a regional shopping center, and not to any other use that is allowed or permitted in the underlying zoning district. 3. The provisions of this § 240-39 are designed to assure that all development activities associated with a regional shopping center will be carried out so as to provide for and maintain: (a) Protection of neighboring properties against harmful effects of uses on the development site; (b) Protection of neighboring properties against harmful effects of uses on the development site; (c) Convenience and safety of vehicular and pedestrian movement within the development site and in relation to adjacent streets, properties or improvements; (d) Satisfactory methods of stormwater management and groundwater recharge shall be provided with due regard to the protection of the Town's groundwater resources; 2 (e) Satisfactory methods for storage, handling and disposal of sewage, refuse and other wastes resulting from the normal operations of the establishments on the development site; (f) Convenience and safety of off-street loading and unloading of vehicles, goods, products, materials and equipment incidental to the normal operation of the establishments on the development site; (g) Adequate off-street parking and traffic mitigation measures that will enhance the efficiency of the transportation system taking into consideration the overall Town traffic needs. (h) Harmonious relationship to the terrain and to existing buildings in the vicinity of the development site; and (i) Attractive and functional design with due regard to the existing conditions of the development site and the use thereof for a regional shopping center, in order to promote the interests of the community. B. Location. The boundary of the Shopping Center Redevelopment Overlay District is shown on a map of land entitled "Shopping Center Redevelopment Overlay Zoning District" filed with the Town Clerk, which map, together with all explanatory matter thereon, is hereby incorporated in and made a part of this chapter. C. Relationship to underlying districts and regulations. (1) The Shopping Center Redevelopment Overlay District shall overlay all underlying districts so that any parcel of land lying in a Shopping Center Redevelopment Overlay District shall also lie in the zoning district or districts in which it is otherwise classified by this chapter. (2) All regulations of the underlying zoning district(s) shall apply within the Shopping Center Redevelopment Overlay District to the extent that they are not inconsistent with the specific provisions of this § 240-39. To the extent the provisions of this § 240-39 are in conflict with or are inconsistent with other provisions of this chapter, the provisions of this § 240-39 shall govern and prevail even if such other provisions are more restrictive than those set forth in this § 240-39. D. Definitions. The following definitions shall be applicable to land and its use within the Shopping Center Redevelopment Overlay District: ADVISORY SITE PLAN REVIEW - The process set forth in § 240-39L of this chapter, and shall not constitute a development permit within the meaning of the Cape Cod Commission Act (Chapter 716 of the Acts of 1989) or the Regional Policy Plan promulgated pursuant thereto. AMUSEMENT USES -The principal use of stores or common areas in a regional shopping center for the operation of a coin-operated video arcade, game room, indoor playground, bowling alley or similar use (but restaurant and theater uses and amusement uses that are accessory to retail uses shall not constitute amusement uses). GROSS FLOOR AREA - The meaning set forth in § 240 -128 of this chapter. GROSS LEASABLE AREA - Gross floor area, exclusive of mall areas, stairs, escalators, elevators, utility, storage and equipment rooms, mall offices, exit and service corridors, toilet rooms, maintenance areas, and mezzanine areas not used for the public sale or display of goods or services. 3 HOTEL – One or more buildings providing temporary lodging accommodations offered to the public on a daily rate for compensation. The building or buildings have an interior hall and lobby with access to each room from such interior hall or lobby, supervised by a person in charge at all hours. Accessory uses may include a restaurant, conference center facility, meeting rooms, health club and other customary uses. INITIAL REDEVELOPMENT The expansion of existing improvements within the Shopping Center Redevelopment Overlay District which increases the gross floor area of all buildings within the district above that which is in existence on January 1, 1996, by 50,000 square feet of gross floor area or more in the aggregate pursuant to a special permit issued under § 240-39N hereof. 1 MEZZANINE(S) - An intermediate level or levels between the floor and ceiling of any story with an aggregate floor area of not more than 10% of the gross floor area of the store or area of the building in which the level or levels are located. Mezzanines which are not used for the public sale or display of goods shall not be treated as an additional story for purposes of calculating maximum building height. Mezzanine space may be used for storage and for backroom office functions incident to the operation of gross floor area within the regional shopping center, but shall not be rented for such purposes to persons not operating gross floor area within the regional shopping center. Mezzanines which are used for the public sale or display of goods shall be treated as gross leasable area. MULTIFAMILY DWELLING - A structure containing three or more dwelling units offered for sale or rent, each of which shall contain separate living, sleeping, cooking, and bathroom facilities for the families residing there. OFFICE – Includes professional, business, dental and/or medical offices, which are defined as a room, or group of rooms used for conducting the affairs of a business, service industry, or government entity. REDEVELOPMENT AREA - Land within the boundaries of the Shopping Center Redevelopment Overlay District, which is used or proposed for use as part of a regional shopping center, and encompassing one or more individual lots on which the regional shopping center will be situated. REGIONAL SHOPPING CENTER - A concentration of stores and establishments devoted to retail shopping center uses and amusement uses including an enclosed structure (which may consist of several buildings) containing a total of not less than 500,000 square feet of gross floor area and located on a redevelopment area, together with ancillary utility facilities, parking areas and driveways, landscaped areas, and stormwater detention facilities. A regional shopping center may also contain offices, hotels, and multifamily dwellings. A regional shopping center may consist of one or more lots and one or more buildings under separate ownership, provided that: (1) The lots and buildings are subject to an operating agreement or leasehold arrangements, provided that the areas used in common, including the central enclosed mall area, the parking structures and the exterior parking and circulation areas, will be under integrated management; and (2) The separate lots and buildings are developed with a unified approach to architectural and landscape design, pedestrian ingress and egress, parking, truck loading, vehicular entrances and exits, drainage, groundwater recharge and utilities. 1 Editor's Note: The former definition of "major store," which immediately followed this definition, was repealed 1-17-2019 by Order No. 2019-064. 4 RETAIL SHOPPING CENTER USES — A concentration of retail stores and service establishments, including restaurants, movie theaters and such other uses as are customarily found in a regional shopping center, together with ancillary utility facilities, parking areas and driveways, landscaped areas, and stormwater detention facilities. Retail shopping center uses may include one area devoted to outdoor, tent- type sales of home and garden goods, provided that any such area is operated incident to a retail store having not less than 40,000 square feet of gross floor area and occupies not more than 5,000 square feet of area. E. Application of requirements. (1) A redevelopment area may consist of more than a single building lot, and in such event the requirements of this chapter shall not be applied to individual building lots, but shall be applied to the entire redevelopment area as if the redevelopment area were a single building lot notwithstanding the fact that the building lots within the redevelopment area may be in different ownership. (2) The regional shopping center and other improvements within the redevelopment area may be developed in phases and may be developed and occupied under one or more building permits and occupancy permits. (3) The provisions of this § 240-39 shall not apply to any expansion of existing improvements within the Shopping Center Redevelopment Overlay District until the exercise of rights under a special permit issued under § 240-39N with respect to the initial redevelopment, and any such expansion which does not constitute the initial redevelopment shall be subject to all of the requirements of the underlying zoning district(s) including, without limitation, the requirement of a special permit for certain uses and structures within the district. Following the exercise of rights under a special permit issued under § 240-39N with respect to the initial redevelopment, this § 240-39 shall apply to all improvements thereafter constructed within the Shopping Center Redevelopment Overlay District. F. Permitted and prohibited uses. (1) The following uses are permitted by right in the Shopping Center Redevelopment Overlay District: (a) Retail Shopping Center Uses. (b) Office. (c) Hotels. (d) Multifamily Dwellings. (e) Amusement uses, provided that no more than 75,000 square feet of gross leasable area in a regional shopping center shall be devoted to amusement uses unless a special permit is issued therefor by the Zoning Board of Appeals. (2) The following uses are prohibited in the Shopping Center Redevelopment Overlay District: 5 (a) All uses prohibited in § 240-35F(2) [GP Groundwater Protection Overlay District] of this chapter. (b) Parking and/or storage of transport vehicles for fuel, including but not limited to oil, coal and gas. (c) Parking and/or storage of transport vehicles for toxic and/or hazardous substances. (d) Drive-through restaurant or drive-through bank, except that a drive-through bank shall be permitted in so much of the Shopping Center Redevelopment Overlay District as lies within the underlying Highway Business District, subject to the special permit provisions of § 240- 39N and a drive-through restaurant may be permitted only on that area within the SCROD identified as "Drive-Through Restaurant Sub Zone" as shown on the map entitled "Shopping Center Redevelopment Overlay District Amendment,"2 dated February 20, 2015, subject to the special permit provisions of § 240-39N. (e) Gasoline and oil filling stations. (f) Casinos and other gambling establishments (other than the incidental sale of lottery tickets as part of a use otherwise permitted in the Shopping Center Overlay District). G. Bulk and dimensional regulations. (1) Land located within the Shopping Center Redevelopment Overlay District and used for a regional shopping center shall be subject to the dimensional controls set forth b elow: (a) Minimum area of redevelopment area: 50 acres. (b) Minimum lot size (individual building lots): none. (c) Minimum lot frontage (individual building lots): 20 feet. (d) Minimum side, front and rear yards (other than at the perimeter of the redevelopment area): none. (e) Minimum front yard setback (at perimeter of the redevelopment area): 30 feet. [1] One hundred feet along Iyannough Road/Route 132 Road except 50 feet along that portion of Route 132/Iyannough Road on that area within the SCROD identified as "Drive- Through Restaurant Sub Zone." [2] Within 100 feet of Route 28/Falmouth Road, the minimum setback shall be 20 feet, but there shall be a maximum setback of 50 feet. (f) Minimum side and rear yards (at perimeter of redevelopment area): 30 feet. (g) Maximum lot coverage as percentage of lot area of redevelopment area: 50%. 2 Editor's Note: The map is on file in the office of the Town Clerk. 6 (h) Maximum building height: (1) The maximum building height for retail shopping center uses shall be 42.5 feet or two stories, whichever is lesser. (2) The maximum building height for hotel and multifamily dwelling uses shall be 55 feet or four stories, whichever is lesser. (3) The maximum building height may be increased by special permit issued by the Zoning Board of Appeals under § 240-39N. (2) Except as specifically stated to the contrary in Subsection G(1), the bulk and dimensional requirements set forth therein shall be applied to a redevelopment lot as if it were one lot, even though it may be comprised of several lots in different ownerships. More than one building may be located on a single lot within the Shopping Center Redevelopment Overlay District. (3) Skylights, mechanical penthouses, rooftop mechanical features, and architectural features not designed for human occupancy (collectively, the "special features") shall be excluded in determining the height of any building within a regional shopping center. However, in no case shall such special features exceed ten (10) feet above the height of the building absent special permit relief issued pursuant to § 240-39N. H. Maximum increase in gross leasable area. Retail shopping center uses within a regional shopping center shall not exceed 1,200,000 square feet of gross floor area within the redevelopment area, measured on an aggregate basis, unless the Zoning Board of Appeals has issued a special permit in accordance with the provisions of this § 240-39N. The maximum gross floor area of 1,200,000 square feet set forth above shall be reduced by 20,000 square feet of gross floor area for every acre by which the total area of the redevelopment area is less than 59 acres. For purposes of this § 240-39, the floor area of parking structures shall not be treated as gross floor area or gross leasable area. I. Limitation on impervious surfaces; outdoor recreational areas; buffer strip landscaping. (1) Impervious Surfaces. No more than 70% of the total redevelopment area shall be rendered impervious by the installation of buildings, structures and paved surfaces, measured on an aggregate basis, unless groundwater mitigation land is provided at a one-to-one ratio for any overage of impervious cover in the redevelopment area. Groundwater mitigation land shall mean land located within the same or a more restrictive Groundwater Protection District in a zone of contribution to the well fields operated as of January 1, 1996 by the Barnstable Water Company and/or the Barnstable Fire District which land is permanently restricted by or on behalf of the owners of the redevelopment area to be left in an open and natural state. However, even with the dedication of groundwater mitigation land, no more than 82.7% of the total redevelopment area shall be so rendered impervious. Rooftop and surface water drainage systems shall be designed and maintained in accordance with the standards set forth in § 240-39L(4)(j). For purposes of this § 240-39I, roadways (other than interior access drives) built in accordance with municipal specifications (as the same may be modified or waived by the Planning Board) and used as public way(s) or private way(s) shall not be treated as impervious surfaces and shall not be treated as part of the area of the district for purpose of such calculation. (2) Outdoor Recreational Areas. Any new development or redevelopment within the Shopping Center Redevelopment Overlay District that proposes a hotel or multi-family use shall include an outdoor recreational area for use by hotel guests or multi-family residents and visitors. Outdoor 7 recreational areas should consist of a contiguous space containing a minimum width of 15 feet and a minimum tree canopy of 10%. (3) Landscaped Buffer. As a part of the portion of the redevelopment area to be maintained in pervious condition, a landscaped buffer strip of variable width shall be provided and maintained along the redevelopment area's frontage on Route 28, Route 132 and any extension of Enterprise Road which is laid out in conjunction with the redevelopment. Said landscaped buffer strip shall be a minimum of 15 feet in depth from the property line. The design of this buffer strip may include sidewalks/bikepaths, berms, indigenous planting materials and other ground cover. Cross over access drives and signs provided for herein shall be permitted in the landscaped buffer strip, but parking areas are prohibited. All other roadway frontages shall have a landscaped buffer strip of at least 10 feet. J. Parking and loading. Uses within the Shopping Center Redevelopment Overlay District shall be subject to the following minimum off-street parking and loading requirements: (1) Required off-street parking for retail shopping center uses within a regional shopping center shall be provided at a ratio of not less than 4.0 parking spaces for each 1,000 square feet of gross leasable area. (2) Required off-street parking for office uses within a regional shopping center shall be provided at a ratio of not less than 1.0 parking space for each 300 square feet of gross leasable area plus 1.0 parking space per separate suite. (3) Required off-street parking for hotel uses within a regional shopping center shall be provided at a ratio of not less than .75 parking spaces per guest unit. (4) Required off-street parking for multifamily dwellings within a regional shopping center shall be provided at a ratio of not less than 1.5 parking space per dwelling unit. (5) The foregoing parking requirements may be reduced by Special Permit from the Zoning Board of Appeals if lesser off-street parking is shown to be adequate given such special circumstance as: (a) Use of a common parking area by different uses having different peak hours of demand. (b) Habits or other characteristics of occupants which result in reduced auto usage. (c) Characteristics of use invalidating normal methods of calculating parking demand. (d) Supplementary parking provided off premises. (e) Demonstrated measures to lower parking demand to the regional shopping center. (6) All off-street parking spaces required by this § 240-39J shall be located within the redevelopment area, except that parking spaces may be located outside of the redevelopment area on another non-residentially zoned lot provided (a) such other lot is located within 300 feet of the redevelopment area on which the use for which such spaces are required is located, and (b) such lot is in common ownership with, or subject to a long term lease or easement for the benefit of, all or a portion of the redevelopment area. In addition, parking spaces may be 8 located at such other locations as may be approved by the Zoning Board of Appeals as part of any Traffic Demand Management Plan which shall be incorporated as part of the special permit issued under § 240-39N hereof. (7) Each off-street parking space shall have minimum dimensions of nine by 18 feet, excluding the driveway to such space. Parking stalls within the Shopping Center Redevelopment Overlay District which are designed at 90° shall have the following minimum dimensions: (a) Ninety-degree parking dimensions: Stall width: nine feet, zero inches. Stall length: 18 feet, zero inches. Aisle width: 24 feet, zero inches. Bay width: 60 feet, zero inches. (b) All parking stalls which are designed at angles other than 90° shall comply with the minimum parking space dimensions set forth in § 240-104 of this chapter. (8) Parking Lot Landscaping (a) Application. This section shall apply to any new development or redevelopment within the Shopping Center Redevelopment Overlay District in which the limit of work exceeds one (1) acre (43,560 square feet). This section shall not apply to ordinary maintenance or repairs to buildings or parking areas within the Shopping Center Redevelopment Overlay District. (b) Procedure. Any project that satisfies the triggering requirements set forth in Subsection (a) above shall delineate on the accompanying plans the proposed limit of work. Only parking and loading areas within the limit of work shown on the plans shall be subject to the minimum requirements set forth below. (c) The surfaced area of a parking lot and all entrance and exit drives shall be set back from the side and rear lot lines, by a landscaped side and rear yard buffer at least five (5) feet in width. (d) A ten-foot minimum, landscaped perimeter buffer shall be maintained between a building and the surfaced area of a parking lot or drive, except at entrances, building loading and utility locations. A walkway may be located within the landscaped perimeter buffer, provided that the landscape area is not reduced to less than 40% of the area of the perimeter buffer. (e) At least 7% of the interior of a parking lot with 21 or more parking spaces shall be landscaped. Planting along the perimeter of a parking area shall not be considered as part of the 7% interior landscaping. Interior landscaped islands shall be distributed throughout the parking lot. At least one tree with a minimum 2.5-inch caliper or larger shall be provided per twelve spaces or any portion thereof, located within interior landscaped islands. Existing naturally occurring trees in good condition located in landscaped islands shall be credited towards this requirement only in those areas where the existing trees are located. No landscaped island shall have an overall width of less than six feet. A walkway may be located within an interior landscaped island, provided that the walkway is separated from the surfaced area of the drive or parking lot by a minimum of four feet of landscaped area. These interior landscape requirements shall not apply to interior 9 parking spaces, parking garages, or parking lots used for sale and/or display of motor vehicles. (f) Where landscaped setbacks to parking areas, landscaped buffers to buildings, and landscaped islands within parking areas are required in Subsections (c) through (e) above, the following requirements shall apply: i. Existing natural trees and shrubs shall be retained within landscaped islands, and side and rear yard landscaped buffers to parking lots and drives wherever possible and supplemented with other landscape materials, in accordance with accepted landscape practices. Specimen trees shall be retained and, if practical, relocated within the site where necessary. Where natural vegetation cannot be retained, these areas shall be landscaped with a combination of low-maintenance grasses, trees and shrubs commonly found on Cape Cod. A list of recommended plant materials is on file with the Town Clerk and may also be obtained from the Planning Department. Plant materials shall be of sufficient size and density to create an attractive appearance. Brick or stone mulch shall not be used in place of ground covers in landscaped islands. Where mulch is used, it shall be in such a manner that it will not wash into leaching catch basins located in a parking lot, or adjacent roadway. ii. All landscaped areas shall be continuously maintained, substantially in accordance with any site plan approved pursuant to Article IX. No occupancy certificate shall be issued until the landscape plan has been implemented according to an approved site plan, except that the Building Commissioner may issue an occupancy certificate prior to installation of landscape materials, provided that the applicant posts security with the Town for 150% of the estimated cost of installation and plant materials. (g) Landscape buffers and islands may be reduced by an amount sufficient to ensure the creation of a functional, attractive parking lot, subject to approval of site plan review. K. Signs in the Shopping Center Redevelopment Overlay District. Only the following types of signs shall be permitted in the Shopping Center Redevelopment Overlay District: (1) Large freestanding exterior signs: (a) Maximum number: three signs. (b) Maximum height: not to exceed 22 feet above grade. (c) Maximum area: not to exceed 170 square feet per side exclusive of structures holding the sign. Reasonable efforts shall be exercised to minimize the size of any such supporting structures. (2) Wall signs identifying uses permitted by right in the Shopping Center Redevelopment Overlay District having gross leasable area of greater than 25,000 square feet or having exterior public entrances; the food court; and the regional shopping center, provided that no wall sign shall extend higher than the top of the parapet wall: (a) Maximum letter height: five feet for signs accessory to anchor and major stores, 10 and four feet for other such signs. This letter height restriction shall not apply to emblems, logos, or other designs associated with the sign display. (b) Maximum area: [1] Anchor stores (for each tenant with a gross leasable area of 45,000 square feet or more): The maximum sign area for any one display shall not exceed 200 square feet for the first sign; the maximum sign area for any additional display shall be 150 square feet. There shall only be one sign display per eligible elevation. An additional sign allowance of 30 square feet shall be provided for entrance door and awning signs. [2] Major stores (for each tenant with a gross leasable area of 12,000 square feet or more): The maximum sign area for any one display shall not exceed 120 square feet. There shall only be one sign display per eligible elevation. An additional sign allowance of 15 square feet shall be provided for entrance door and awning signs. [3] In-line store (for each tenant with an exterior entrance): The maximum sign area for any one display shall not exceed 50 square feet for tenants with storefronts less than 50 linear feet in length. An additional square foot of sign area shall be allowed for each linear foot of storefront above 50; the maximum sign area for any one display shall not exceed 75 square feet. There shall only be one sign display per tenant. An additional sign allowance of 10 square feet shall be provided for entrance door and awning signs. [4] Mall entrances: The maximum sign area for any one display shall not exceed 50 square feet. There shall only be one sign per each eligible mall entrance. (3) Wall signs designating loading areas, service courts, employee entrances and similar areas: (a) Maximum number: no limit. (b) Maximum mounting height above ground: eight feet. (c) Maximum area: six square feet. (4) Freestanding directional signs indicating access and egress to the site, as well as direction to department stores, services or other areas within the regional shopping center: (a) Maximum number: three times the total number of vehicular entrances. (b) Maximum height to top of sign above ground: seven feet. (c) Maximum area: 16 square feet per side. (5) Hanging parking structure signs at vehicular entrances to parking structures: (a) Maximum number: one per vehicle ramp access point to parking structures. (b) Maximum height: one foot, six inches. (c) Maximum area: 16 square feet per side. 11 (d) In addition, directional and parking area identification signs shall be permitted within the parking structures, and safety/height limitation markings shall be permitted on the exterior of the parking structures. (6) Parking lot identification signs. (a) Maximum number: one per light post. (b) Maximum size: three square feet per side. (7) 3Banners which do not advertise particular stores or articles for sale shall be permitted. (8) In addition to the signs otherwise permitted under this § 240-39K, wall signs for freestanding buildings, including hotels, multifamily dwellings, and movie theaters (meaning buildings which are not physically connected to the enclosed mall of the regional shopping center) which are otherwise permitted in the underlying zoning district under this chapter shall be permitted in the Shopping Center Redevelopment Overlay District. (9) In addition to the wall signs permitted under § 240-39K(2), one exterior wall sign for each movie theater, hotel, and multifamily dwelling located within a regional shopping center shall be permitted with a size of up to 150 square feet. (10) In addition to the signs permitted under § 240-39K(1) hereof, up to two freestanding exterior signs for each movie theater, hotel, and multifamily dwelling located within a regional shopping center shall be permitted as follows: (a) Maximum number: two. (b) Maximum height: 14 feet above grade. (c) Maximum area: not to exceed 175 square feet per side, exclusive of structures holding the sign. (11) In addition to the signs permitted under § 240-39K(1) hereof, one freestanding exterior sign shall be permitted on that area within the SCROD identified as "Drive-Through Restaurant Sub Zone," provided that the maximum height of freestanding signs does not exceed 12 feet above grade and the maximum area of the freestanding signs does not exceed 50 square feet per side, exclusive of the structure holding the sign. (12) No special permit shall be required for signs that are in conformance with the standards set forth above. L. Advisory site plan review and provisions. 3 Editor's Note: Former Subsection K(7), pertaining to electronic reader boards, which immediately preceded his subsection, was repealed 1-17-2019 by Order No. 2019-064. This order also provided for the redesignation of former Subsection K(8) through (13) as Subsection K(7) through (12). 12 (1) Findings. Owing to their physical characteristic and the nature of their operations, a regional shopping center may affect neighboring properties and adjacent sidewalks and streets. It is in the interest of the community to promote functional and aesthetic design, construction and maintenance of a regional shopping center and to minimize any harmful effects on surrounding areas. (2) Purposes. The provisions of this section are designed to assure that all development activities associated with a regional shopping center will be carried out in furtherance of the purposes articulated in § 240-39A, taking into account the existing condition of the redevelopment area, the large-scale character of developments such as the regional shopping center, the customary site layout of regional shopping centers, and the necessity to permit natural light to illuminate the common areas of the regional shopping center (hereinafter referred to as the "design constraints"). (3) Advisory site plan review/when required. The provisions of this § 240-39L shall apply to development within the Shopping Center Redevelopment Overlay District in lieu of the site plan review provisions of Article IX of this chapter. At least 60 days prior to filing any DRI application with the Cape Cod Commission, the proponent of a regional shopping center shall make an informal filing with the Building Commissioner, in draft form, of such plans and materials relating to the DRI application as the proponent intends to file with the Commission with its DRI application and such relevant plans and materials relating to the MEPA process as are then available. Within 30 days following such informal submission, the Building Commissioner and other members of the Site Plan Review Committee established under Article IX of this chapter and such other Town staff as may be designated by the Building Commissioner shall review, comment upon and make recommendations with respect to the plans and materials so submitted, provided that the Building Commissioner shall have the right to extend such thirty-day period by an additional 30 days at the request of the Site Plan Review Committee. In conducting its review the Site Plan Review Committee shall consider the consistency of such plans and materials with the site development standards set forth in Subsection L(4) hereof. The informal filing and review described in this Subsection L(3) requires no approval and therefore does not constitute a development permit within the meaning of the Cape Cod Commission Act (Chapter 716 of the Acts of 1989) or the Regional Policy Plan promulgated pursuant thereto; however, the Cape Cod Commission shall be invited to have representatives participate in the advisory site plan review process. (4) Site development standards. (a) A reasonable effort shall be made to improve, conserve and protect natural features that are of some lasting benefit to the site, its environs and the community at large. (b) Slopes which exceed 10% shall be protected by appropriate measures against erosion, runoff, and unstable soil, trees and rocks. Measures shall be taken to stabilize the land surface from unnecessary disruption. Such stabilization measures shall be the responsibility of the property owner. (c) The placement of buildings, structures, fences, lighting and fixtures on each site shall not interfere with traffic circulation, safety, appropriate use and enjoyment of adjacent properties. (d) At any driveway, a visibility triangle shall be provided in which nothing shall be erected, placed, planted or allowed to grow so as to materially impede vision from within motor vehicles between a height of three feet and eight feet above the average center-line grades of the intersecting street and driveway, said triangle being bounded by the intersection of the street line 13 and the edges of a driveway in a line joining points along said lines 20 feet distant from their projected intersection. (e) Adequate illumination shall be provided to parking lots and other areas for vehicular and pedestrian circulation. All illumination shall be directed and/or shielded so as not to interfere with traffic beyond the perimeter of the site. (f) All areas designed for vehicular use shall be paved with a minimum of either a 2 1/2 inches bituminous asphalt concrete, a six-inch portland cement concrete pavement, or other surface, such as brick or cobblestone, as approved by the Town Engineer. (g) All parking spaces shall be arranged and clearly marked in accordance with the parking lot design standards contained in § 240-39J herein. Signs and pavement markings shall be used as appropriate to control approved traffic patterns. (h) All utility service transmission systems, including but not limited to water, sewer, natural gas, electrical and telephone lines, shall, whenever practicable, be placed underground. Electric, telephone, cable TV, and other such utilities shall be underground, except for transformers, electric switching boxes or similar equipment and gas meters, which may be above ground. (i) All surface water runoff from structures and impervious surfaces shall be disposed of on site, but in no case shall surface water drainage be across sidewalks or public or private ways. In no case shall surface water runoff be drained directly into wetlands or water bodies (except for drainage structures in place as of the effective date of this § 240-39). All drainage systems shall be designed to minimize the discharge of pollutants by maximizing appropriately designed vegetated drainage channels and sedimentation basins that allow for adequate settling of suspended solids and maximum infiltration (with due regard to the design constraints). Dry wells, leaching pits and other similar drainage structures may be used only where other methods are not practicable. Subject to ambient surcharge conditions, roof runoff shall be recharged to the ground via a system of dry wells and/or infiltration systems. Nontoxic roof materials shall be used to minimize the leaching of toxic materials to the groundwater. To minimize water utilization, all new plumbing fixtures shall be designed to meet water conservation measures as required under the State Building and Plumbing Codes. All such drainage structures shall be preceded by oil, grease and sediment traps to facilitate removal of contaminants. All calculations shall be for a twenty-five- year storm and shall be reviewed by the Town Engineer. The materials submitted shall include provision for an appropriate maintenance program for such drainage structures to be implemented and maintained by the proponent. The materials submitted shall show adequate measures to mitigate pollution of surface or groundwater to minimize erosion and sedimentation. All drainage shall be designed so that all runoff shall be disposed of on site, groundwater recharge is maximized, and neighboring properties will not be adversely affected. (j) The materials submitted shall describe estimated average daily and peak hour vehicle trips to be generated by the site and traffic flow showing adequate access to and from the site and adequate circulation within the site. The proponent of a regional shopping center will include in such materials reasonable measures to lower traffic demand to the regional shopping center such as, by way of example only, working with other major retailers along the 132 corridor to promote bus and shuttle bus activity, encouraging carpooling among employees, and/or similar measures, which materials shall be referred to as the "Traffic Demand Management Plan." Reasonable efforts shall be made to provide vehicular and pedestrian connections within the redevelopment area to adjoining properties devoted to retail use. 14 M. Affordable Housing Units. Notwithstanding any other provisions as may be set forth in this Zoning Ordinance, any multifamily dwelling development in the Shopping Center Redevelopment Overlay District shall comply with either subsection (1) or (2) below, whichever calculation results in a greater number of restricted units. If the total number of restricted units is the same under subsection (1) and subsection (2), then the subsection with the greater number of deed restricted affordable units for individuals and families with the lowest percentage of Area Median Income (AMI) shall be required. The determination as to which calculation applies shall be made at the time that development permits are sought for a proposed multifamily development. (1) The provisions of the Town of Barnstable Code, Chapter 9, Inclusionary Affordable Housing Requirements in effect at the time development approvals are sought for any multifamily dwelling development within the SCROD; or (2) Ten percent (10%) of the multifamily dwelling units shall be deed restricted as affordable units for individuals and families earning up to 65% of the area median income and an additional three percent (3%) of the multifamily dwelling units shall be deed restricted as affordable housing units for individuals and families earning up to 80% of the median income for the Town of Barnstable, as determined annually by the Department of Housing and Urban Development. The affordable units shall conform to all Department of Housing and Community Development (DHCD) standards that must be met to qualify these units for inclusion in the DHCD Subsidized Housing Inventory (SHI) as Local Initiative Program units. (3) No certificate of occupancy permit shall be issued until recordation of the Regulatory Agreement and Declaration of Restrictive Covenants. N. Special permit provisions. (1) Special permit for regional shopping center. (a) No building permit or occupancy permit shall be issued for any expansion of a regional shopping center which increases the gross floor area of the regional shopping center above that existing on the effective date of this § 240-39 by more than 50,000 square feet of gross floor area unless the Zoning Board of Appeals has issued a special permit approving such use in accordance with the provisions of this § 240-39N. In addition, no building permit or occupancy permit shall be issued for a drive-through bank or drive-through restaurant unless the Zoning Board of Appeals has issued a special permit or a modification of a special permit issued under this section, approving such use, subject to the provisions of this § 240-39N. (b) A special permit may provide for phased development (and, if applicable, a projected phasing plan shall be provided to the Zoning Board of Appeals as part of the special permit process under § 240-39N). A special permit shall become void two years from the date of issue unless any construction work contemplated thereby (or first phase thereof, if applicable) shall commence and proceed in good faith continuously to completion, or, if no construction work is contemplated by the special permit, the use authorized thereby is commenced. (c) Any work done in deviation from a special permit granted pursuant to this § 240-39N shall be a violation of this chapter, unless such deviation is approved in writing by the Zoning Board of Appeals. However, a special permit may be granted based upon plans showing one or more permissible building areas and/ or permissible parking structure areas, in which buildings and other 15 structures are to be located, rather than with the locations of the buildings and other structures finally established. Provided the boundaries of such permissible building areas and/or permissible parking structure areas are approved by the Zoning Board of Appeals in connection with the special permit, once the special permit is granted, no separate approval of the Zoning Board of Appeals will be required for the actual location of the buildings or improvements within such permissible building areas and/or permissible parking structure areas [provided that no material change to the design or materials described in § 240-39N(2)(a) shall be made without the approval of the Zoning Board of Appeals.] The Zoning Board of Appeals may amend or modify a special permit upon the application of the developer of a regional shopping center and, if the Zoning Board of Appeals determines that such amendment or modification is minor in nature, such amendment or modification may be approved without a hearing upon the submission of plans and information that may, in the discretion of the Zoning Board of Appeals, be less extensive than the plans and information required in this § 240-39N. Amendments or modifications determined by the Zoning Board of Appeals not to be minor in nature shall require a public hearing. (d) The purpose of the special permit for a regional shopping center is to assure that the development of a regional shopping center is carried out in a manner which is (1) consistent with the purposes set forth in § 240-39A hereof and the site development standards set forth in § 240-39L(4) hereof, (2) consistent with the terms and conditions of any DRI permit issued by the Cape Cod Commission and the certificate of the Secretary of Environmental Affairs on the final environmental impact report, (3) with due regard given to the Design Guidelines for Cape Cod prepared by the Cape Cod Commission in light of the design constraints, and (4) consistent with such additional reasonable conditions as may be imposed by the Zoning Board of Appeals as are not inconsistent with the foregoing. The Zoning Board of Appeals shall grant a special permit for a regional shopping center upon its determination that the standards for the issuance of such special permit set forth in this Subsection M(1)(d) have been complied with, giving due regard to the design constraints. (2) Required contents of special permit application. The application for a special permit under this § 240-39N shall include: (a) Building elevation plans for all exterior facades of buildings and structures, at a scale of 1/16 inch equals one foot, or such scale as may be required by the Zoning Board of Appeals for detail drawings, indicating surface materials and colors, together with not less than three representative cross sections. (b) A tabulation of the areas of the proposed site elements, including buildings (footprints and gross leasable area and gross floor area), parking structures and surface parking areas (square footage and number of parking spaces), stormwater management facilities, and landscaped areas (square footage, number of trees and other plantings). (c) Updated versions of the materials submitted to the Building Commissioner in connection with the advisory site plan review process described in § 240-39L above. (d) Any request for gross leasable area in excess of the use limitations set forth in § 240- 39F(1)(e). (e) Any request to permit the structure to exceed the maximum height limitation set forth in § 240-39G(1)(h). 16 (f) Any request to permit rooftop features to exceed the rooftop feature height limitation set forth in § 240-39G(3)(b). (g) Any request to exceed the maximum allowable 1,200,000 square feet of gross leasable area for retail shopping center uses set forth in § 240-39H. (h) Any request to permit a reduction in the required parking ratios under § 240-39J(5). (i) All materials relating to any request to permit off-site parking under § 240-39J(6). (j) A description of the operating agreement and/or leasehold agreements contemplated in the definition of "regional shopping center." (k) Additional information as may be required by the Zoning Board of Appeals as reasonably necessary to making the determinations required by this section. (3) Required procedures for special permit. (a) At least two copies are required of all plans, drawings and written information. Copies of application materials shall also be submitted to the Zoning Board of Appeals electronically. (b) The Zoning Board of Appeals may solicit the advice of any other Town agency or department it deems necessary to properly make the determinations required by this section. (c) In issuing a special permit under this § 240-39N, the Zoning Board of Appeals shall give due regard to and shall not be inconsistent with the decisions and recommendations of the Cape Cod Commission as set forth in any DRI permit or similar approval. (d) The Zoning Board of Appeals shall also include as a condition of its special permit the performance of any written commitments made by the developer of a regional shopping center to the Zoning Board of Appeals, the Planning Board or the Town Council intended to reduce or limit the impacts, financial or otherwise, of the regional shopping center on the Town. Such conditions shall be based on the written information furnished to the Zoning Board of Appeals by the Planning Board and Town Council. Such conditions shall be binding on the applicant for such special permit provided they are consistent with the provisions of Section 15 of Chapter 716 of the Acts of 1989 (the Cape Cod Commission Act). (e) The Zoning Board of Appeals may include as a condition of its special permit that, prior to the issuance of a certificate of occupancy for the regional shopping center, the Building Commissioner shall be provided with evidence that the operating agreement and/or leasehold arrangements contemplated in the definition of "regional shopping center" are in place. (f) If the proposed improvements which are the subject of an application for a special permit under this § 240-39N have not been subject to the review of the Cape Cod Commission because at the time of such application the Cape Cod Commission or the DRI process has been abolished, then the proposed improvements shall be subject to site plan review under Article IX of this chapter.” SPONSOR: Councilor Jeffrey Mendes, Council Precinct 8 17 DATE ACTION TAKEN _________ _______________ _________ ________________ ____ Read Item ____ Motion to Open Public Hearing ____ Rationale ____ Public Hearing ____ Close public hearing ____ Council Discussion ____ Move / Vote 18 BARNSTABLE TOWN COUNCIL ITEM# 2023-023 INTRO: 08/18/2022 SUMMARY TO: Town Council FROM: Mark S. Ells, Town Manager THROUGH: Elizabeth Jenkins, Director, Planning & Development Department DATE: August 16, 2022 SUBJECT: Amending the code of the Town of Barnstable, Part I, General Ordinances, Article III, §240-39 by repealing and replacing the Shopping Center Redevelopment Overlay District. BACKGROUND: Retail focused real estate requires constant evolution to meet ever changing market demands. Rapid changes in technology, resulting in the creation of e-commerce and online shopping, have intensified the significance of fundamental industry dynamics and presented an opportunity for embracing change. Shopping centers across the country are changing with the times to meet evolving customer needs. One major industry trend has focused on creating mixed use environments: incorporating varied uses within a traditional retail setting. Cape Cod Mall has been evaluating how it can best adapt and update its spaces and strategies in this ever- changing retail environment. As part of that process, and in consultation with Town Planning and Development Staff, amendments are proposed to the Shopping Center Redevelopment Overlay District regulations. Collectively, the amendments would authorize a broader range of uses, ease parking requirements to allow for a more productive use of the property, create a more pleasant visitor experience with improvements to landscaping and pedestrian access, and promote the creation of new affordable housing. RATIONALE: The Shopping Center Redevelopment Overlay District (SCROD) was created in 1996, when shopping malls consisted primarily of retail and restaurants. In its current form, the SCROD provisions prohibit both hotels/motels and multi-family dwellings. Given the Cape Cod Mall’s desire to create a more mixed-use environment, one of the main goals of the proposed amendment is to expand the allowable uses within the SCROD to include multi-family dwellings, hotel uses and office uses, as defined in the proposed amendments. To accommodate the new, additional uses, the proposed amendment would increase the allowable building height for hotel and multi-family dwelling uses to four stories or 55 feet, whichever is lesser. The proposed amendment also seeks to redefine the parking demand requirements. Currently, many of the parking spaces at Cape Cod Mall are underutilized and those areas could be redeveloped and put to a 19 more productive use. Accordingly, the proposed amendment addresses the parking requirement for each of the proposed allowable uses and creates a special permit mechanism by which the requirement may be reduced upon meeting defined criteria. Additionally, the proposed amendment modernizes the current landscape requirements. Modeled after Section 240-53 of the Ordinance, the proposed landscape provisions would apply to any new development or redevelopment within the SCROD in which the limit of work exceeds one acre. Thus, as the Mall is redeveloped, those portions would comply with the proposed parking lot landscape and buffer requirements. Finally, the proposed amendment would require that any multifamily dwelling development within the SCROD would comply with: (i.) the Town of Barnstable Code, Chapter 9, Inclusionary Housing Requirements in effect at the time multifamily development is proposed or (ii) provide 10% of the units restricted to individuals or families at 65% of AMI and an additional 3% restricted to individuals or families at 80% AMI, whichever calculation method results in more restricted units. As the Town begins to evaluate the inclusionary ordinance and to make recommendations for possible amendments, the proposed language in the zoning amendment requires compliance with the ordinance as drafted (10% at 65% AMI and an additional 3% at 80% AMI) or the inclusionary ordinance that is in effect at the time of filing development permits, whichever is greater. FISCAL IMPACT: Mayflower Cape Cod, LLC, owner of the Cape Cod Mall properties, is one of the largest taxpayers in the Town of Barnstable. In addition, the Cape Cod Mall is a major employer with nearly 1,000 individuals employed at the mall. The proposed amendment modernizes the SCROD zoning overlay language, allowing complementary uses and encouraging development of under-utilized portions of the property which will result in positive fiscal impact. STAFF SUPPORT: Elizabeth Jenkins, Director of Planning & Development; Kate Maldonado, Assistant Director of Planning & Development, Jim Kupfer, Senior Planner