Title
Be it Ordained that Chapter 12 of the Revised Ordinances of 1991 be amended relative to parking and open space, special permits and development mitigation
Body
Be it ordained by the Malden City Council that Chapter 12 of the Revised Ordinances of 1991 be amended as follows:
-By amending Section 300.1.1 as follows:
Section 300.1.1 (Special Permit Use Regulations for Multifamily Residential Dwellings)
Except for r Residential uses, “Dwelling, Multifamily, up to 3 stories inclusive”and “Dwelling, Multifamily, more than three stories but not exceeding 6 stories,” may only be allowed by Special Permit granted by the City Council in accordance with the following controls, and residential use, "dwelling, multifamily, more than 6 stories but not to exceed 12 stories," where may only be allowed by a special permit shall be required granted by the City Council in accordance with Section 300.10 (all structures more than Six Stories) ; and for all other residential uses where a Special Permit is required, as indicated by the letters "SP", may be allowed only by Special Permit granted by the Planning Board in conformance with the following controls:
300. 1. 1. 1 For construction of new buildings, compliance with the dimensional controls and parking requirements of this Ordinance.
300. 1. 1. 2 For the addition of a residential use to a lawfully existing building or alteration, conversion or other change to a residential use lawfully existing or begun prior to the first publication of notice of the public hearing on this amendment, the Planning Board Special Permit Granting Authority must find that any creation or increase in violations of dimensional controls or parking requirements will not be more detrimental to the neighborhood.
300. 1. 1. 3 The Planning Board Special Permit Granting Authority must find that the residential use is in the interest of the common good.
-By amending the second sentence of Section 400.3 (Dimensional Controls for Central Business District) as follows:
Usable open space requirements may be reduced by fifty (50) percent, all or part of which may be provided either on the roof or within the building and may include, but not be limited to, sauna and whirlpool baths; physical exercise rooms; handball, paddleball, and/or squash courts; and other associated uses and activities.
-By amending Section 400.8.2 as follows:
-by deleting the first sentence in its entirety (“In the Central Business District, required open space may be provided by indoor recreational facilities, such as, but not limited to, sauna and whirlpool baths, physical exercise rooms, handball courts, paddle ball courts, squash courts, or other associated recreational uses and facilities or by exterior building space, including but not limited to roof decks, balconies and porches. “)
- By amending the second sentence as follows:
In all other zoning districts, open space requirement may not be met by indoor recreational facilities, but may be met by roof decks, balconies and porches.
-By deleting Section 500.2.8.2 in its entirety. (“Parking requirements for all allowed residential uses shall be one and one-half (1.5) parking space per dwelling unit. If the property that is the location of the residential use is located within 2000 feet of the property line of a MBTA rapid transit or train station, the development shall require 1.25 off-street parking spaces per dwelling unit; if located within 1000 feet of the property line of a MBTA rapid transit or train station, the development shall require .75 off-street parking spaces per dwelling unit.”)
-by adding new sections Sections 300.1.4 and 700.1.3.1.1 (New) (Special Permit and Nonconforming Use Regulations for Multifamily Dwellings and Town/Row Dwellings of Five Units or More) as follows:
For any multifamily dwelling, or town or row dwelling of five units or more, prior to issuance of an occupancy permit, developer shall contribute a one-time payment of $2,000 per dwelling unit per rental/apartment unit and $1,000 per dwelling unit per condominium unit, to the City of Malden Expendable Trust Fund, to be used at the City’s discretion to mitigate future impacts of the development and/or for infrastructure improvements.
-by amending Section 300.13. 3 as follows:
“All non-residential uses shall be subject to the same off-street parking requirements as the underlying Central Business Zone. However, residential uses in the RIO or RIO-B shall require 1.5 parking spaces per dwelling unit. For residential uses in RIO or RIO-B, if such residential property is located within 2000 feet of the property line of a MBTA rapid transit or train station, the development shall require 1.25 off-street parking spaces per dwelling unit; if located within 1000 feet of the property line of a MBTA rapid transit or train station, the development shall require .75 offstreet parking spaces per dwelling unit. Parking shall be provided on site or in an off-site facility within 400 feet of any property line of the residential property. In the instance where parking is provided off site, but within 400 feet of the residential property, the Malden Traffic Commission shall certify that said parking is available for use. In no instance shall more than 30% of the required off street parking be permitted in an off-site location.”
Summary of Proposed Amendments:
• For all multifamily residential dwelling uses (=five units or more, any number of stories) in the Central Business zoning district, to amend the use regulations (to change the special permit granting authority from the Planning Board to the City Council), and to amend dimensional controls (to exclude counting indoor recreational facilities toward as open space; to increase yard setbacks).
• For all residential uses in the Central Business zoning district and Residential Incentive Overlay zoning districts, to amend parking requirements to be consistent with requirements in all other districts (to change basis of calculation from proximity of building to MBTA station to number of bedrooms in dwelling unit).
• For all multifamily residential dwellings and all town-row dwellings of five units or more, to establish a mitigation fee for rental/apartment units and condominium units, to be contributed by the developer to the City of Malden Expendable Trust Fund, to be used at the City’s discretion to mitigate future impacts of the development and/or for infrastructure improvements.