Report Excerpt:** Please note that this Zoning Bylaw Amendment is subject to M.G.L. c 40A Section 5 such that this zoning bylaw may be enacted by a simple majority vote, rather than the 2/3 supermajority that applies to other zoning amendments. **
This Article aligns with the Arlington Master Plan which acknowledges that Arlington’s commercial corridors can support increased growth while still preserving the residential character of lower-density neighborhoods and protecting open spaces. Both then and now, the Town is faced with a general need for growth; more housing and more commercial space can help with the overall tax base. The Zoning Audit completed as part of the 2015 Master Plan recommended that in conjunction with adjustments to building height maximums, the maximum Floor Area Ratio (FAR) should be increased.
Zoning bylaws and ordinances use different tools to shape what neighborhoods will look and feel like, including how large buildings are allowed to be. FAR (pronounced “F-A-R”, not “far”), is one of those tools. It works in concert with height maximums, open space requirements, and setback requirements to limit the overall massing of a building. When not appropriately calibrated, however, FAR can create constraints that overly limit the ability to redevelop a property and can disincentivize redevelopment of properties that are not performing to their highest and best use. FAR is calculated by dividing the sum of a building’s total floor area (the total square feet of all the floors in a building) by the lot area (the total square feet of a lot or parcel). When zoning sets a maximum FAR, it places a limit on the size of a building in relation to the size of the lot that it is on.
In 2016, Town Meeting adopted amendments to the Zoning Bylaw’s definitions, use regulations, and dimensional and density regulations to allow for mixed-use development along commercial corridors. All development is subject to ARB Environmental Design Review Special Permit criteria under Section 3.4. Without an opportunity for greater scale, existing mixed-use development is often built to spec, which decreases creative design options. Further, a restrictive FAR can make it challenging to reach the threshold in Section 8.2 Affordable Housing Requirements, which has led to some mixed-use developments not having any affordable housing units. This amendment would address these discrepancies and may create opportunities for better design. During the public hearing for this Article, the ARB requested a modification to the FAR of 4.0 proposed by the petitioner. The petitioner reduced the FAR by doubling the current FAR in each business district, with a cap at a FAR of 3.0.
Overall, the Zoning Bylaw lays out an array of dimensional restrictions that control height, density, and uses along Arlington’s commercial corridors. The ARB noted that FAR is just one element of those restrictions. Under this Article, all other dimensional requirements would remain the same, including setbacks, open space, building height maximums, step backs, minimum parking requirements, and more. The Board adopted annual goals in September 2021 which included a goal to encourage development and redevelopment opportunities to generate a full range of housing options for all incomes and housing types and encourage mixed-use development, and new commercial development. In order to advance this goal, the Board created an action to “consider zoning amendments to encourage commercial development along the Massachusetts Ave and Broadway corridors” (Arlington Redevelopment Board Goals - September 2021 through June 2022, p.1).
Board members voting affirmatively on this Article (Benson, Lau, Revilak, and Zsembery) conveyed that it would encourage more redevelopment and mixed use in the commercial corridors by eliminating an impediment to development at a scale that is otherwise permitted by the Zoning Bylaw and identified as desirable in the Master Plan. Further, it will support ground floor retail and commercial activity, especially in tandem with Article 28. Lastly, continent upon approval of an appropriation request by Town Meeting, the ARB may be engaged in an update to the Commercial Design Standards which will assist in review of future proposals. The Board member who opposed the Article (Tintocalis) expressed concern about the ARB’s ability to review new projects and ensure they are well designed.