ZONING BYLAW AMENDMENT / REDUCED HEIGHT BUFFER

To see if the Town will vote to amend Section 5.3.19. Reduced Height Buffer Area in the Zoning Bylaw to alter the height buffer requirements; or take any action related thereto.

Inserted at the request of the Redevelopment Board

Article 29 would reduce the height buffer distances required when two different heights are specified for the same zoning district. The current height buffer distances were set in 1975, when taller buildings were allowed by the Zoning Bylaw. Since that time, the maximum heights in the R7, PUD, and B5 districts have been reduced by 45%, 60%, and 32%, respectively, but the corresponding buffer distances have not been similarly reduced. Given that the overall height maximums have been reduced, the required height buffer distances should likewise be reduced, and this article would reduce the applicable buffer distances by 50%. Although the Redevelopment Board retains the authority to allow the higher height limit if they determine that it would not have a detrimental impact based on the criteria in Sections 3.3 and 3.4, this article would add greater clarity as to the size of the minimum buffer.

Recommend Favorable Action (5-0)

That the Zoning Bylaw be and hereby is amended as follows:

DRAFT AMENDMENT

Amend SECTION 5.3.19, Reduced Height Buffer Area, Subsection A, as follows:

A. When two different maximum height limits are specified for the same zoning district in any Table of Dimensional and Density Regulations in this Section 5, the lower limit shall apply to any lot or part of a lot located in a height buffer area unless the Board of Appeals, or Arlington Redevelopment Board, as applicable, finds that the height given as the upper limit would not be detrimental to it is determined as a specific finding of a special permit that the properties in the adjacent R0, R1, R2, or OS districts, would not be adversely affected due to existing use or topographic condition due to site-specific factors and criteria established in Section 3.3.3 and Section 3.3.4. A height buffer area is defined as a lot or part of a lot which is located at a lesser distance from any land, not within a public way, in an R0, R1, R2 or OS district than the following:

Arlington Redevelopment Board Report

Presentation Slides, Articles 25 - 29