Item Coversheet


Town of Arlington, Massachusetts


ARTICLE 35
Warrant Article Title:
ZONING BYLAW AMENDMENT/INDUSTRIAL USES
Warrant Article Text:
To see if the Town will vote to amend the Zoning Bylaw to update and modernize the Industrial Zoning Districts by amending SECTION 2 DEFINITIONS to define new uses; SECTION 5 DISTRICT REGULATIONS to clarify the applicability of the upper story building step back, to redefine the Industrial Zoning District, to clarify amenity requirements in the Table of Maximum Height and Floor Area Ratio and to add development standards, to include new uses and amend existing uses in the Table of Uses, and to provide additional standards for uses; and SECTION 6 SITE DEVELOPMENT STANDARDS to adjust the parking requirement for light manufacturing, to include standards for the Industrial Zoning Districts, to include standards for the Industrial Zoning Districts; and to adjust the bicycle parking standards for light manufacturing and office, medical or clinic uses; or take any action related thereto.
Requested by:
 (Inserted at the request of the Redevelopment Board) 
Report Excerpt:

The proposed amendments for the Industrial District are first and foremost to address the antiquated table of uses and density and dimensional requirements that are preventing the attraction of new and modern uses to Arlington’s Industrial Districts. The uses allowed in the Industrial District are wide ranging and are either hyper-specific by dedicating how floor area may be used or vague categories of uses that are necessary businesses but not reflective of the needs of potential industrial users. Now, many industrial users desire large flexible space with high ceilings in order to enable businesses to pivot their work as emerging markets and research change over time. The proposed amendments reflect specific recommendations from the Master Plan that reflect the current market needs for the wide range of industrial users.

 

The proposed zoning amendment adds new uses to the Table of Uses to include uses such as flex uses, artist live/work spaces, food production, vertical agriculture, breweries and the similar, larger restaurants, and storage facilities. These uses are in addition to and expand on the existing artistic and creative production uses that are currently allowed either by right or by special permit in the district. The proposed zoning amendment includes development standards for any new construction or additions greater than 50%, which acknowledge and support other efforts that are important to the Town. There is a significant emphasis placed on incorporating sustainability measures and stormwater management measures. Acknowledging that the industrial districts are in close proximity to residential districts, the standards also emphasize the need to develop human-scale buildings, pedestrian amenities, and consider building height within the context of the surrounding, often residential, neighborhood.

 

The proposed amendments are also aligned with the needs of the creative economy as described in the Arts and Culture Action Plan. 1 Like the modern industrial business that desire flexible spaces, the proposed zoning amendments allow the creation of live/work spaces for the creative economy where the artist or maker can adjust their space to their current creative needs. The proposed zoning also acknowledges differences between artists and makers, ranging from a painter or a writer who may only need a small studio to someone who works with materials that by their nature requires a larger space by acknowledging these differences in the definitions and uses.

 

The ARB acknowledges that there were significant discussions about the desirability of including residential in mixed-use projects in the Industrial District. The Master Plan recommendation described above indicated that residential uses should be allowed in mixed-use projects where the associated commercial/industrial space comprises the majority of the usable space. Currently, the Zoning Bylaw strictly prohibits residential uses in mixed-use projects in the Industrial District. At the ARB meeting on December 21, 2020, representatives from RKG Associates and Harriman made a presentation that included a pro forma analysis. 2 RKG completed the pro forma analysis to determine whether the proposed amendments are realistic requirements to set on property owners and developers. RKG found that a new development of industrial and commercial uses alone may not pencil out for a property owner’s investment to develop or redevelop a site. When including residential uses, the pro forma does show profitability.

 

The ARB notes that since the first quarter of 2017, no industrial properties have been listed for sale in Arlington. With so much owner-occupied property and so little turnover in the industrial districts either through sale or lease, there has been little incentive for property owners to consider redeveloping their property to create opportunities to bring new and modern light industrial, research and development, manufacturing, and the creative economy to the Industrial Districts. The ARB determined that by allowing limited residential in mixed-use projects, property turnover may be incentivized by balancing the investment and requirements with some profitability, thus avoiding long term stagnation in the districts. The ARB believes that appropriate limitations are in place to not supplant industrial or commercial uses. The proposed zoning requires commercial and industrial uses to be the ground floor uses in any mixed-use project in the Industrial District. Additionally, residential floor area is tied to the floor area of the Light Industrial uses at a 1:1 ratio; any additional residential uses require further financial review by the ARB. Light industrial as written includes brewery, distillery, and winery, flex space, food production in addition to what is already allowed in the zoning. Therefore, residential cannot be included in any mixed-use project; it must be proportional to modern industrial uses.

 

Finally, the ARB notes that the proposed zoning amendments connect recommendations in the Arlington Heights Neighborhood Action Plan3 , the Arts and Culture Plan, the Mill Brook Corridor Report4 , and the Net Zero Action Plan5 with the Town’s Industrial Districts. The Arlington Heights Neighborhood Action Plan, in particular, recognized the fragmented nature of the Industrial Districts and recommended relaxing the Zoning Bylaw’s restrictive use and dimensional guidelines, including for “artistic/creative production.” The ARB notes that each of these plans were developed through strong participatory planning processes subsequent to the adoption of the Master Plan.

Vote Language:

The Redevelopment Board voted (5-0) to recommend Action on Article 35. That the Zoning Bylaw be and hereby is amended as follows:

 

Amend SECTION 2:____________________________________________

 

Definitions associated with Art/Cultural Uses

 

Artists' Mixed-use: The use of all or a portion of a building for both habitation and Artistic/Creative Production use, or a combination thereof. Refer to Section 5.6.4.

 

Co-working Space: A building or portion thereof consisting of a shared office environment, which contains desks or other workspaces and facilities, including but not limited to, dedicated workstations, office suites, meeting rooms, event space, resource libraries, and business or administrative support services, and is used by a recognized membership who share the site to interact and collaborate with each other. Refer to Section 5.6.4.

 

Maker Space: A building or portion thereof used for the on-site production of parts or finished products by individual or shared use of hand-tools, mechanical tools, and electronic tools. Maker Spaces may include space for design and prototyping of new materials, fabrication methodologies, and products, as well as space for packaging, incidental storage, sales, and distribution of such projects. Typical uses include but are not limited to: electronic goods; printmaking; leather products; jewelry and clothing/apparel; metal work; furniture; woodworking and cabinet shops; glass or ceramic production; and paper design and production. Refer to Section 5.6.4.

 

Work Only Artist Studio: A space used by an artist for the creation of any visual art or craft, including but not limited to, painting, drawing, photography, sculpture, and pottery; of written works of fiction or nonfiction; or any performing art, whether for live or recorded performance, including music, dance, and theater. Retail sales of art produced on-site and arts instruction by the artist are allowable accessory uses. 

 

Definitions associated with Light Manufacturing

 

Brewery, Distillery, and Winery: A small, independently owned facility in which alcoholic beverages produced on-site are bottled and sold, typically in conjunction with a bar, tavern, or restaurant use. This includes the substantial equivalent to breweries, distilleries, and wineries. Refer to Section 5.6.4.

 

Flex Space: A combination of commercial activities under a single commercial entity, such as light manufacturing, office, distribution, research and development, or retail uses. Refer to Section 5.6.4.

 

Food Production Facility: Food and beverage manufacturing plants that transform raw materials into products for intermediate or final consumption by applying labor, machinery, energy, and scientific knowledge. Food production facilities do not include marijuana establishments or medical marijuana treatment centers. Refer to Section 5.6.4.

 

Self-Service Storage Facility: A building consisting of small, individual self-contained units that are leased or owned for the storage of business and household goods or contractor supplies, but precluding individual storage units that have at grade and direct vehicular access.

 

Vertical Farming: A building used for the practice of producing food on vertically inclined surfaces in vertically stacked layers. Vertical farming does not include marijuana establishments or medical marijuana treatment centers. Refer to Section 5.6.4.

 

Amend SECTION 5.3.7.:______________________________________

 

D. In Industrial Districts, screening along the Minuteman Bikeway shall be limited to a vegetative screen, guardrail, and/or low fence under 4 feet in height only. Such screening shall either have gaps or vary in height to provide lines of sight from the Minuteman Bikeway to the adjoining property to promote safety for pedestrians and bicyclists. Pedestrian amenities such as seating, bins for recycling and refuse collection, and appropriate supplementary lighting shall be integrated within the landscaped area of the buffer. 

 

Amend SECTION 5.3.17.:_____________________________________

 

For buildings in excess of three (3) stories in height, an additional seven and one half (7.5) foot step back (upper story building setback) shall be provided beginning at the fourth (4th) story. The upper story stepback shall be provided along all building elevations with street frontage, excluding alleys. This requirement shall not apply to buildings in the Industrial District.

 

Amend SECTION 5.6.1.B.:_____________________________________

 

B. The Industrial District in the Mill Brook Valley allows uses requiring the manufacture, assembly, processing, or handling of materials and requires additional measure to prevent traffic, noise, appearance, odor, or hazards from becoming disruptive to residential and other business uses. In this district, the Town discourages residential uses, retail business uses, or uses which would otherwise interfere with the intent of this Bylaw. Mixed-use development is allowed without residential space allows residential uses, retail business uses, and restaurants if they are accessory to an industrial use to supportthe continuation of industrial uses in Arlington. Mixed-use development is allowed with all uses.

 

Amend SECTION 5.6.2.A.:______________________________________

 

 

Amend SECTION 5.6.2.:________________________________________

 

A. Development Standards. In the Industrial District, the following requirements apply to all new development or additions over 50% of the existing footprint:

 

(1) Renewable Energy Installations

  • The Redevelopment Board may, by special permit, allow adjustments to the height and setbacks in order to accommodate the installation of solar photovoltaic, solar thermal, living and other eco-roofs, energy storage, and air-source heat pump equipment. Such adjustments shall not create a significant detriment to abutters in terms of noise or shadow and must be appropriately integrated into the architecture of the building and the layout of the site, consistent with the other requirements of this section.
  • All new commercial and mixed-use buildings shall be solar ready
  • Additions over 50% of the footprint of existing buildings shall be solar ready to the extent feasible.

 

(2) Yards

  • Where feasible, the principal façade of the principal building on the site shall be no more than 10 feet from the front lot line. 
  • The use of rain gardens, bioswales, and wetlands restoration to control runoff and manage stormwater on-site within setbacks is strongly encouraged. Such systems shall be integrated with the surface water drainage systems in Section 3.4.4.E. See Section 6.1.11.F(3) for relationship to parking areas.
  • Fences greater than 4 feet tall within the abutting setback to the Minuteman Bikeway shall be prohibited. See Section 5.3.7.D. for additional requirements.

(3) Transparency and Access

  • The required minimum transparency of the ground floor principal façade visible from a public right-of-way is 50% of the area measured between 2 and 8 feet in height from the level of the finished sidewalk.
  • All façades visible from a public right-of-way shall be given equal treatment in terms of architectural detailing. No blank façades are permitted. Façades shall be articulated every 50 to 80 feet.
  • Each building shall have a clearly defined primary entrance that faces the principal street. A corner door may be used for a building that faces two public streets.
  • The primary building entry shall be connected by an accessible surface to the public sidewalk.

(4) Lighting

  • All luminaires shall be consistent with the requirements of Title V, Article 14 of the Town Bylaws, unless noted below. 
  • All site and building lighting shall be downcast (75-degree cutoff or fully shielded). Lighting for walkways or parking lots shall be adequately spaced to create even light distribution. 
  • Site luminaires shall minimize overspill onto an adjacent property and glare when viewed from the public right-of-way or abutting properties.

(5) Pedestrian Amenities. All new development or additions over 50% of the existing footprint shall provide the following: 

  • A shade tree every 35 linear feet of lot frontage along a public right of way, and to the extent practicable, irrigated planter boxes every 15 linear feet of frontage along a public right of way:
  • And one of the following; however, for lots that abut the Minuteman Bikeway, this amenity should be located within the yard adjacent to the Bikeway:
    • One (1) piece of interactive art accessible to the public;
    • One (1) artful rainwater collection system, an above ground stormwater management system that includes artistic elements to collect and divert stormwater;
    • Two (2) benches or similar permanent seating accessible to the public; or
    • Historic marker indicating important historic event or former uses on the site.

(6) Implement a temporary erosion and sedimentation control plan for all new construction activities associated with the project.

(7) Exceptions to Maximum Height Regulations in the Industrial District

For new development or additions that would otherwise be subject to Section 5.3.19, a maximum height of 52 feet or four stories is allowed subject to the following development standards:

  • Demonstrate that new buildings or additions shall allow for full sun at least half the time or 50% sun coverage all the time on March 21, June 21, September 21, and December 21 on the lots within the required residential buffer as defined in Section 5.3.19. The Redevelopment Board or Board of Appeals, as applicable, shall find that any shadow on abutters with existing solar panels would be negligible to allow the higher height limit
  • Provide one (1) of the following sustainable roof infrastructure components. In the case of a building that is solar ready per Section 5.6.2.A(1), the component should cover the remaining roof area where appropriate:
    • Install a vegetated or green roof over 50% of the roof area.
    • Use diffuse, highly reflective materials on 75% of the roof area.
    • Install solar energy panels tied to the electrical system of the building. For new commercial or mixed-use building, provide solar PV and/or solar thermal on a minimum of 50 percent of the roof area. 
    • Provide 100% highly reflective concrete topping.
    • Install a blue roof over 50% of the roof area to provide initial temporary water storage and then gradual release of stored water.
  • Retain and treat 100% of stormwater on site.

 

Amend SECTION 5.6.3.:_____________________________________

 

Add Section 5.6.4:___________________________________________

 

5.6.4 Uses in the Industrial Districts.

 

A. Artists’ Mixed-Use. Any portion of a building devoted to such use shall be subject to the following conditions:

  1. Occupied by persons certified as artists pursuant to the Arlington Commission for Arts and Culture (ACAC) Artist Certification Process,
  2. Designed in accordance with ACAC standards and guidelines for artists' mixed-use space, and
  3. Subject to an agreement for artists' housing as part of the conditions of a special permit granted by the Redevelopment Board or Board of Appeals, as applicable

B. Co-working Space. Rules for membership and participation in the co-working space shall be explicit, transparent, and available to the public. Co-working spaces may host classes or networking events which are open either to the public or to current and prospective members.

C. Maker Space. Maker Spaces may host classes or networking events which are open to the public. Maker Spaces may also include a membership component.

D. Brewery, distillery, and winery, including functional equivalents. Tap room hours of operation open to the public shall not represent disturbance to adjacent residential uses and such hours must follow the Commonwealth of Massachusetts requirements for licensing and operations.

E Flex Space. The firm using the Flex Space must meet the following criteria: 

  1. All of the uses on the site must be specifically allowed as principal uses within the Arlington Industrial Zone. 
  2. Changes in products, services, and square footage of uses will not require further approval for use if the Building Inspector determines the uses and property are otherwise in conformance with the Bylaws. 
  3. The floor area of each use is unrestricted except for uses where a limitation on size or density is present. In this case, the floor area of such use shall be at or below the given limitation. 

F. Food production facility. Food and beverage facilities shall:

  1. Properly store equipment and remove litter and waste within the immediate vicinity of the plant buildings or structures as to avoid becoming a breeding place, or harborage for pests.
  2. Constantly check for pests and pest infestation
  3. Locate and operate fans and other air-blowing equipment in a manner that minimizes noise levels and the potential for contaminating the building and its surroundings to avoid health hazards to the public
  4. Not locate vents on the façade adjacent to sidewalks or the Minuteman Bikeway to avoid exposure to the public.

G. Vertical Farming. This use shall be approved by a special permit from the Redevelopment Board or Board of Appeals, as applicable. to make sure operations such as lighting, gases, humidity, and temperature do not affect the surrounding microclimate and the well-being of adjacent uses.

H. Mixed-Use Building in the Industrial District. Mixed-use development may be integrated vertically, within a single building, or horizontally, in multiple buildings on the same site. The ground floor use of the principal building on the site must be industrial or commercial. Further, residential uses may be a component of a mixed-use development and are limited to no more than the gross floor area of the principal ground floor Light Industrial use. The Redevelopment Board may allow an increase of residential floor area to no more than twice the gross floor area of the principal ground floor Light Industrial use upon a finding of financial infeasibility.

 

Amend SECTION 6.1.4.:_____________________________________

 

 

Amend SECTION 6.1.10.:_______________________________________

 

F. Parking in Industrial Districts. In an Industrial District, all parking and loading areas shall be subject to the following requirements in addition to the applicable requirements of Section 6.1.10:

  1. The parking area shall be located to the rear or side of the primary building. No parking shall be permitted in the front yard nor shall any driveways directly in front of a structure be permitted without a finding by the Board of Appeals or the Redevelopment Board, as applicable, that the parking or driveway is necessary and convenient to the public interest.
  2. Any loading and/or delivery access shall be located at the rear of the building or in an alley between buildings on the same lot. In the case of demonstrated hardship, an alternative may be approved by the Redevelopment Board.

 

Amend SECTION 6.1.11.:_____________________________________

 

F. Parking in Industrial Districts. In an Industrial District, all parking and loading areas shall be subject to the following requirements in addition to the applicable requirements of Section 6.1.11.:

  1. Parking spaces above the minimum number required by Section 6.1.4. shall be surfaced with a permanent pervious material or binder.
  2. For parking areas not covered with pervious surfaces, one of the following options must be chosen to reduce the heat given off by the paved surface of the parking area:
    • Install a highly reflective surface using one of the following options:
      • Roller-compacted concrete
      • Concrete over asphalt (white topping and ultra-thin white topping)  
      • Use of light-colored aggregate in asphalt.
      • Asphalt, concrete and pavers with modified colors
    • Increase shade of the impervious pavement to a minimum of 50% of the surface by one or both of the following methods:
      • Installing trees within the landscaped areas required by Section 6.1.11.D(6).
      • Solar panels over parking spaces allowing cars to park underneath.

  3. Rain gardens, bioswales, and wetlands restoration, as appropriate to control runoff and manage stormwater on-site, are strongly encouraged and should act as a transition between parking and open space.
  4. Electric vehicle charging stations are strongly encouraged.
  5. All parking surfaces shall comply with requirements of Section 3.4.4(E).

 

Amend SECTION 6.1.12.D:___________________________________