Section 11.05 Planned Mixed-Use Development - This section of the zoning by-law is to allow a planned mixed-use development overlay district within a portion of the industrial district as shown on the Zoning Map.
1. Purpose: The purpose of this planned mixed use development section is as follows:
To provide an opportunity to comprehensively plan a large tract of land in a pedestrian friendly, campus-like setting, around a public green. To ensure high quality site planning, architecture and landscape design to create a distinct visual character and identity for the development that provides an environment with safety, convenience and amenity. To ensure any potential traffic impacts of the planned mixed-use development are properly mitigated and in keeping with the character of the Town of Marshfield. To generate positive tax revenue, while providing the opportunity for new business growth and additional local jobs.
2. Process: A planned mixed-use development is a two-step process, which allows the town and an applicant greater flexibility in the development of the industrial zone.
The applicant files a Definitive Subdivision Plan for a phase or combination of phases of the overlay district. Each phase shall be a minimum of 30 acres in size. The definitive subdivision plan for each phase shall contain the overall road network, roadway drainage, location of the public green, bike and pedestrian ways, lots and proposed uses by phase. The applicant files a Special Permit Application with the Planning Board serving as the SPGA, for an element (or combination of elements) within a phase. An element may be a single use or group of uses within a phase of the overlay district.
The applicant files a Definitive Subdivision Plan for a phase or combination of phases of the overlay district. Each phase shall be a minimum of 30 acres in size. The definitive subdivision plan for each phase shall contain the overall road network, roadway drainage, location of the public green, bike and pedestrian ways, lots and proposed uses by phase.
The applicant files a Special Permit Application with the Planning Board serving as the SPGA, for an element (or combination of elements) within a phase. An element may be a single use or group of uses within a phase of the overlay district.
3. Applicability and Uses: In addition to the uses allowed in the I-1 zone, the following uses may be allowed by special permit: Limited retail (including Grocery Store); Eating and drinking places excluding drive-in establishments; Bank within or as a liner to the main retail building; Membership club; Other amusement / recreation service; Housing for the elderly not to exceed 3 units per acre (subject to Section 11.08); Nursing, rest or convalescent home not to exceed 24 beds per acre.
4. Required Performance Standards:
A. Uses shall be grouped together to maximize pedestrian access by connecting sidewalks and pathways. Buildings shall be oriented around the public green and not Route 139 (Plain Street). B. Access to Route 139 (Plain Street) from a Planned Mixed-Use Development shall be through a secondary street as defined in the Planning Board Subdivision Rules and Regulations at a signalized intersection. C. Maximum percentage of land area allowed by use within the planned mixed-use overlay district. D. The total Limited Retail use within the Planned Mixed-Use Development overlay district shall be restricted to a maximum gross floor area of 80,000 square feet or 15% of the overlay district, whichever is more restrictive. E. The majority of the parking shall be located to the rear or sides of buildings. All parking and loading areas shall be completely screened from Route 139 (Plain Street) by a minimum 50-foot wide raised and landscaped buffer. Parking lots and loading areas shall be appropriately screened from roadways within the overlay district by a minimum 20-foot wide raised and landscaped buffer. Appropriately designed view corridors of buildings from the roadways within the overlay district shall be allowed. F. Reduction in parking space requirements may be permitted where by design and use it is shown to the board's satisfaction that the parking is compatibly shared by multiple uses. However, in no case shall a parking requirement reduction exceed twenty (20) percent of those parking spaces required under normal application of requirements for the non-residential uses proposed. G. Individual retail establishments shall be limited to a maximum gross floor area of 55,000 square feet. An individual retail establishment may be increased to 65,000 square feet where the SPGA finds that individual sections of the retail establishment front the public green with access and windows or where the additional space is used as small retail uses lining the wall facing the public green of the large retail establishment. H. The ratio of the gross floor area of the building(s) to the total lot area shall not exceed forty-five (45%) percent. I. The mass, proportion and scale of the building, roof shape, roof pitch, and proportions and relationships between doors and windows should be harmonious among themselves. J. Architectural details of new buildings and additions, and textures of walls and roof materials, should be harmonious with the building's overall architectural style and should preserve and enhance the historic character of Marshfield. K. The building's location shall be oriented parallel or perpendicular to the public green(s) and/or street. Where the minimum setback cannot be maintained, the applicant shall provide adequate spatial definitions through the use of walls, fences and/or other elements, which will maintain the street line. L. The buildings' main entrance may be placed to the side of the front facade to facilitate access to parking. M. Building façades in excess of forty (40) feet shall incorporate recesses and projections, of a minimum of two (2) feet in depth, to break up the building's mass. N. A minimum of 60% of the building's public green(s) and/or street side façade shall contain windows and other appropriate architectural elements. The windows should be divided by muntins and framed with a casing trim; awnings should be designed as an integral part of the building façade; metal awnings are discouraged. O. Individual special permit applications shall file a traffic impact study as identified in Section 11.10. P. The large retail establishment shall either provide an entrance to the public green or side façade to the public green shall be lined with uses to enhance the pedestrian activities and the use of the public green(s). Q. A public green shall be required for each phase of development within the PMUD. The public green(s) shall be a minimum of one and one-half (1½) acres in size and be designed as a pedestrian friendly park. The public green(s) shall contain some combination of benches, tables, playground equipment, sidewalks, lighting and landscaping. Each green shall be used solely for active and passive recreation purposes and shall be open to the public. The total acreage of the green in each phase may be used toward the land area calculations to determine allowable density for one of the uses within that phase. R. Setbacks for the overlay district shall be as follows: Front setbacks for buildings facing the public green(s) may vary. All other standards for I-1 zoning districts contained in the Sec. 6.10 Table of Dimensional and Density Regulations shall apply. S. In cases where the proposed traffic mitigation is deemed by the SPGA to be out of character for the town, the applicant may propose additional open space from within the PMUD district or adjacent districts, or may donate an amount equal to the cost of the proposed mitigation to the Town for the purpose of open space acquisition. Where open space is provided in favor of traffic mitigation, said open space shall be at least equal in area to the total acreage of land of said proposed use.
A. Uses shall be grouped together to maximize pedestrian access by connecting sidewalks and pathways. Buildings shall be oriented around the public green and not Route 139 (Plain Street).
B. Access to Route 139 (Plain Street) from a Planned Mixed-Use Development shall be through a secondary street as defined in the Planning Board Subdivision Rules and Regulations at a signalized intersection.
C. Maximum percentage of land area allowed by use within the planned mixed-use overlay district.
D. The total Limited Retail use within the Planned Mixed-Use Development overlay district shall be restricted to a maximum gross floor area of 80,000 square feet or 15% of the overlay district, whichever is more restrictive.
E. The majority of the parking shall be located to the rear or sides of buildings. All parking and loading areas shall be completely screened from Route 139 (Plain Street) by a minimum 50-foot wide raised and landscaped buffer. Parking lots and loading areas shall be appropriately screened from roadways within the overlay district by a minimum 20-foot wide raised and landscaped buffer. Appropriately designed view corridors of buildings from the roadways within the overlay district shall be allowed.
F. Reduction in parking space requirements may be permitted where by design and use it is shown to the board's satisfaction that the parking is compatibly shared by multiple uses. However, in no case shall a parking requirement reduction exceed twenty (20) percent of those parking spaces required under normal application of requirements for the non-residential uses proposed. G. Individual retail establishments shall be limited to a maximum gross floor area of 55,000 square feet. An individual retail establishment may be increased to 65,000 square feet where the SPGA finds that individual sections of the retail establishment front the public green with access and windows or where the additional space is used as small retail uses lining the wall facing the public green of the large retail establishment.
H. The ratio of the gross floor area of the building(s) to the total lot area shall not exceed forty-five (45%) percent.
I. The mass, proportion and scale of the building, roof shape, roof pitch, and proportions and relationships between doors and windows should be harmonious among themselves.
J. Architectural details of new buildings and additions, and textures of walls and roof materials, should be harmonious with the building's overall architectural style and should preserve and enhance the historic character of Marshfield.
K. The building's location shall be oriented parallel or perpendicular to the public green(s) and/or street. Where the minimum setback cannot be maintained, the applicant shall provide adequate spatial definitions through the use of walls, fences and/or other elements, which will maintain the street line.
L. The buildings' main entrance may be placed to the side of the front facade to facilitate access to parking.
M. Building façades in excess of forty (40) feet shall incorporate recesses and projections, of a minimum of two (2) feet in depth, to break up the building's mass.
N. A minimum of 60% of the building's public green(s) and/or street side façade shall contain windows and other appropriate architectural elements. The windows should be divided by muntins and framed with a casing trim; awnings should be designed as an integral part of the building façade; metal awnings are discouraged.
O. Individual special permit applications shall file a traffic impact study as identified in Section 11.10.
P. The large retail establishment shall either provide an entrance to the public green or side façade to the public green shall be lined with uses to enhance the pedestrian activities and the use of the public green(s).
Q. A public green shall be required for each phase of development within the PMUD. The public green(s) shall be a minimum of one and one-half (1½) acres in size and be designed as a pedestrian friendly park. The public green(s) shall contain some combination of benches, tables, playground equipment, sidewalks, lighting and landscaping. Each green shall be used solely for active and passive recreation purposes and shall be open to the public. The total acreage of the green in each phase may be used toward the land area calculations to determine allowable density for one of the uses within that phase.
R. Setbacks for the overlay district shall be as follows:
Front setbacks for buildings facing the public green(s) may vary. All other standards for I-1 zoning districts contained in the Sec. 6.10 Table of Dimensional and Density Regulations shall apply.
S. In cases where the proposed traffic mitigation is deemed by the SPGA to be out of character for the town, the applicant may propose additional open space from within the PMUD district or adjacent districts, or may donate an amount equal to the cost of the proposed mitigation to the Town for the purpose of open space acquisition. Where open space is provided in favor of traffic mitigation, said open space shall be at least equal in area to the total acreage of land of said proposed use.
5. Ownership of Public Green
5.1 Subject to approval by the Planning Board, all areas designated as public greens shall be either placed under a permanent conservation restriction or deeded to the Town as a condition of special permit approval. If placed under a conservation restriction, said restriction shall be in a form approved by Town Counsel and enforceable by the Town, conforming to the standards of the Massachusetts Executive Office of Environmental Affairs, Division of Conservation Services, that shall be recorded to ensure that such land shall be kept in an open state. Such restriction shall be submitted to the Planning Board prior to approval of the project and recorded at the Registry of Deeds/Land Court with the issuance of the building permit. 5.2 Maintenance of Public Green: The Town shall be granted an easement over such public green sufficient to ensure its perpetual maintenance as recreation land. Such easement shall provide that in the event the owner fails to maintain the public green in reasonable condition, the Town may, after notice to the lot owners and public hearing, enter upon such land to maintain it in order to prevent or abate a nuisance. The cost of such maintenance by the Town shall be assessed against the properties within the development and/or to the owner of the open space. The Town may file a lien against the lots to ensure payment of such maintenance expenses. 5.3 Monumentation: Where the boundaries of the public green are not readily observable in the field, the Planning Board may require placement of surveyed bounds sufficient to identify the location of the public green.
5.1 Subject to approval by the Planning Board, all areas designated as public greens shall be either placed under a permanent conservation restriction or deeded to the Town as a condition of special permit approval. If placed under a conservation restriction, said restriction shall be in a form approved by Town Counsel and enforceable by the Town, conforming to the standards of the Massachusetts Executive Office of Environmental Affairs, Division of Conservation Services, that shall be recorded to ensure that such land shall be kept in an open state. Such restriction shall be submitted to the Planning Board prior to approval of the project and recorded at the Registry of Deeds/Land Court with the issuance of the building permit.
5.2 Maintenance of Public Green: The Town shall be granted an easement over such public green sufficient to ensure its perpetual maintenance as recreation land. Such easement shall provide that in the event the owner fails to maintain the public green in reasonable condition, the Town may, after notice to the lot owners and public hearing, enter upon such land to maintain it in order to prevent or abate a nuisance. The cost of such maintenance by the Town shall be assessed against the properties within the development and/or to the owner of the open space. The Town may file a lien against the lots to ensure payment of such maintenance expenses.
5.3 Monumentation: Where the boundaries of the public green are not readily observable in the field, the Planning Board may require placement of surveyed bounds sufficient to identify the location of the public green.
6. Criteria for Review and Approval: The SPGA shall review all applications for Planned Mixed-Use Development to determine compliance of the proposal with the following criteria:
6.1 Section 11.05 (1) purpose; 6.2 Section 11.05 (4) required performance standards; 6.3 That the projected traffic increase of the proposed uses to the local road(s) and Route 139 is within the capacity of the existing road network, or that the applicant's proposed traffic mitigation measures will adequately address traffic flow. 6.4 That the proposed development improves pedestrian and bicycle access and safety; 6.5 That suitable public green(s) and facilities have been provided; 6.6 Acceptability of building and site design; 6.7 The Marshfield Comprehensive Plan (The Townscape Plan), as amended.
7. Severability: If any provision or provisions of this bylaw is or are declared unconstitutional or inoperative by a final judgment, order or decree of the supreme judicial court of the commonwealth, the remaining parts of said chapter shall not be affected thereby.
Or take any other action relative thereto.