1. Innovative Zoning Strategies
Strategies:
Adaptive Reuse
Angus Jennings AICP December 3, 2010

2. Session Outline
Summary of challenge
Examples of zoning strategies
Non-zoning
Non zoning strategies to achieve renovations

3. Summary of Challenge
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Existing unused or underutilized buildings with
historical and/or architectural/aesthetic
value.
value
How to facilitate private investment to bring
back
b k to productive use?
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i.e. in the absence of public investment, or a
non-profit developer, how can zoning create
a profit motive to induce the private sector to
advance this public interest?

4. Financing challenges
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Costs of renovation are high
Rents and/or sales prices may not support financing
necessary to pay the costs
Gap can be helped by affordable housing grants
and loans, historic (and other) tax credits
Market support will inform feasibility, and use
Municipality can help by offering zoning that is
clear, predictable, and flexible
Non-zoning
Non zoning strategies may also be needed

5. Strategies
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Zoning
Clear allowance for uses, and mixed uses
Predictable permitting (timeline; ideally as of right)
as-of-right)
Flexibility (buffering, parking standards etc)
Clear, and realistic, design standards/guidelines
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If mitigation expected, be clear up front (in zoning)
Public investment
Infrastructure (40R funds, CPA funds, capital imp. plans)
Brownfields assessment and/or remediation funds
/

6. Examples
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Fitchburg River Street Smart Growth District
40R (as-of-right, design standards)
Incentive for reinvestment in down market
Initiative seeks public, private infrastructure investment
Westford Mill Conversion Overlay District
Stronger market. Special permit needed.
4 districts. O e renovated; one permitted; one in reuse
d s c s. One e ova ed; o e pe ed; o e euse
but not renovation; one in limbo
Zoning okay; Town recently filed for EPA Brownfields
Grant in order to enhance feasibility of reinvestment

7. Fitchburg 40R District
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Multiple, non-contiguous sites
non contiguous
Design Standards
Identified capital needs

8. Fitchburg zoning elements
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As of right
As-of-right permitting (with Planning Board review)
Defined permitting timeline
Allowance for high densities and building heights
No required setbacks
Parking
P ki requirements
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1.25 for 1-bdrm; 1.75 for 2-bdrm; 2 for 3; 2.5 for 4
Allowance f reduction b waiver
All for d i by i
All zoning and design standards may be waived as
necessary t ensure they don’t “unduly restrict
to th d ’t “ d l tit
opportunities for development”

9. Fitchburg:
Streamlined review for permitted projects
For lots with special permit
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currently in effect, decision
deadline reduced from 120
days to 60 days provided
development is “substantially
similar in unit count and design
to the approved [Project]”
One project with an MCP
special permit was re-
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permitted under 40R, bringing
, g g
benefit of incentive funds, and
affordable units Source: MDP Development, LLC

10. Density set by building, not land, area
y y g, ,
Set allowable density based on building area, not
land area, in order to provide incentive for
renovation
Similar idea, different language, in Brockton 40R

11. Westford Mill Conversion Overlay District
Adopted in 2000; amended several times since
Several substantive requirements of zoning (such as
buffer, parking ratios) can be waived, without need
for variance
No prescribed density. Maximum number of
dwelling units based on: existing structures;
infrastructure capacity; Planning Board review
Affordability: 5%/5%/5% low, moderate, median
Zoning successful; some non-zoning challenges
non zoning

12. Strategies to make it happen
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Often, the question is not “what is to be done” but
rather “how to do it” … given competing priorities,
g p gp ,
limited budgets, personnel resources etc
In many cases, zoning alone is not enough
Will take significant personnel resources and
political commitment to get zoning in place

13. Non-zoning strategies
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Technical assistance regarding project financing
Tax credits; local revenues sources (i.e. CPA funds); non-
profit partner(s)
Fitchburg initiative included financing workshop,
technical assistance targeted to developers, landowners
Brownfields assessment and remediation grants
Public investment in infrastructure, including
residential / mixed-use amenities
Coordinated inter-departmental permitting
Disposition of public properties (reduce land costs)

14. Financing advice to landowners
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15. Westford Mill Conversion Overlay District
One site “in limbo
in limbo”
Conversations with landowners and
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prospective developers showed that
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lack of information re potential
environmental contamination was
significant barrier to investment
Town led effort to pursue EPA brownfields community-
wide assessment funds (grant pending)
Community development efforts, including securing
letters of support f
l f from neighbors, business community,
hb b
and public entities

16. Infrastructure
Industrial area
may lack off-site
amenities to
support successful
residential /
mixed-use
i d
redevelopment
“Road
“R d map” for
”f
improvements, with
identified funding
source (40R)

17. Fitchburg Design Standards intended to
coordinate infrastructure investments
Pedestrian amenities,
and connectivity
Gateway Parks grant
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Requirement for 12-foot
pedestrian easement
along Nashua River to
facilitate river walk
May b
M be required to
i dt
upgrade abutting
sidewalks to ensure ADA,,
AAB compliance

18. Key ingredients of successful zoning
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Flexibility
Avoid being prescriptive on allowed uses
Allow for relief by waiver, not variance
Predictability – minimize developer risk
Clear (and streamlined) permitting timeframe
Range of allowed uses
40R allows add o a p o ec o from zoning appeals
0 a ows additional protection o o g appea s
Zoning that reflects public objectives
Community process for zoning adoption can build
public support for smooth permitting process

19. Questions and discussion

20. For more information
Angus Jennings AICP
Westford Director of Land Use Management
(978) 692 5524
692-5524
ajennings@westfordma.gov
Ted Carman
Concord Square Planning & Development, Inc.
(617) 482-1997
carman@concordsqdev.com