(Also see proposed downtown zoning map under "Departments", then "Planning', then "Documents")
Re: Zoning Recommendation for the M-1 District (The Mills)
October 1, 2008
Mr. Dana Glennon, Chairman and Members of the Newmarket Town Council
Dear Mr. Glennon and Members of the Town Council,
Early in 2008, the Newmarket Community Development Corporation (NCDC) presented a request to the Zoning Board of Adjustment (ZBA), on behalf of a developer, for a variance, which would have dramatically increased the density of the Mills. The ZBA denied this request for a variety of reasons. Subsequently, in February of this year at a joint Town Council-Planning Board meeting, the Town Council asked the Planning Board to review the zoning parameters for the M-1 district and determine if changes were needed to the M-1 zoning that would meet the wishes of the citizens of Newmarket with respect to the mills, yet allow for a responsible redevelopment of the Mills and remain within the spirit of Newmarket Master Plan.
Through several lengthy workshops and two public hearings, the Planning Board has developed, what we believe is, a very workable and progressive compromise for M-1 zoning, keeping in mind the interests of the many constituents and stake holders involved in the mill re-development process.
Attached you will find recommended language to modify the M-1 Zoning Ordinance, a downtown Newmarket zoning map and example to illustrate how the density formula for dwelling units will work. The revised M-1 zoning recommendation can be summarized as follows:
Allows for a balanced mix of residential and commercial uses;
Modestly revises the list of permitted uses;
Provides for 70% of developable floor space for residential use and 30% for non-residential use, including community space;
Provides for artist live/work space;
Enhances and streamlines the approval process and anticipates possible phasing of the re-development;
Requires studies to be completed by the developer for infrastructure, health and safety and fiscal impacts to assure that the mill redevelopment will have a beneficial impact on Newmarket both during and after re-development;
Establishes a “bonus” system for the developer to enhance the public benefits, the attractiveness and access to the Mills through;
Addition of interior public community and cultural space;
Addition of exterior public open space including a tie-in with the town’s Riverwalk project;
Successful participation in the Secretary of the Interior’s program for Historical Rehabilitation;
Compliance with appropriate levels of LEED (Leadership in Energy and Environmental Design) for energy conservation; and
Further details are included on the attached recommendation.
I want to once again compliment the members of the Planning Board who devoted many, many hours of time and hard work to develop this recommend-
ation. I also want to recognize the hard work and dedication of Diane Hardy, Town Planner, in assisting and guiding the Planning Board through this revision process. Without Diane, we could not have completed this difficult project.
We will be happy to meet with the Town Council at a mutually convenient time to answer any questions members may have.
Amend Section 2.01 M-1 District (B) Permitted Uses by adding a new paragraph to 2.01 (B) (2), to read as follows:
(b) Mixed Use Mill Redevelopments are permitted in the M-1 District by Special Use Permit.
Pursuant to the authority of RSA 674:21 and Section 1.09 of the Town of Newmarket Zoning Ordinance, the Planning Board is granted discretionary authority to grant a Special Use Permit for Mixed Use Mill Redevelopment on parcels in the M-1 District provided there is compliance with this Section.
1. Purpose
The purpose is to allow for a mixture of commercial and residential uses in order to promote redevelopment of the historic mills in the M-1 Downtown Mill District. Such uses are intended to be complementary so as to provide an integrated approach to development based on a master site development plan; to be fiscally beneficial to the Town; to provide efficient use of public services; and to make opportunities for commercial, public and multi-family residential dwelling units, all to enhance the quality of the downtown, the riverfront and the historic nature of the district.
Permitted Uses
The uses, which are permitted by right in a Mixed Use Mill Redevelopment, are in accordance with the Table of Permitted Uses as amended below: (See Part Two.)
Special Use Permit Restrictions.
Mixed Use Mill Redevelopments shall be limited to:
Projects involving the rehabilitation and/or reconstruction of existing mill structures. Special Use Permits issued under this section are not intended for the wholesale demolition of existing buildings and construction of new primary structures. Construction of accessory structures, such as decks, porches, and patios, is permitted. New building construction, including additions, required to replace the square footage of existing buildings deemed economically unsuitable for rehabilitation due to the extent of structure deterioration is also allowed.
b. Projects where no more than 70% of the existing developable gross floor building area shall be used for residential use and no less than 30% of the existing developable gross floor area is to be dedicated to non-residential use including commercial, retail, office, governmental, cultural, and other uses, in accordance with the Table of Permitted Uses. An increase in residential square footage is allowed by the Planning Board through the issuance of bonuses as set forth in Subparagraph 6 below.
c. The Mixed Use Mill Redevelopment shall include a minimum of 5% Artist Live/Work Space Units. Up to 40% of the finished square footage of such units may be allocated for non-residential use.
Master Site Development Plan Required
As part of the application for a Special Use Permit, the applicant shall prepare an overall Master Site Development Plan. This is a conceptual plan, drawn to scale, which graphically depicts the project. It is not intended to be a fully engineered drawing. At minimum, the plan shall include:
The type, location, intensity, amount and percent of gross developable building area dedicated to various residential and non-residential uses.
The calculations showing how the number of dwelling units was derived and the allocation of gross developable building area to residential and non-residential uses.
Provisions for utilities, access roads, sidewalks, parking, and private and public ways.
Areas proposed for public and private open space.
Any buildings, or portion thereof, to be removed, the footprint of said buildings to remain and any replacement structures and new additions to be built, as well as their corresponding square footage and lot coverage.
A phasing plan, if the project will be developed in more than one phase. Information on subsequent phases must be detailed enough to allow the Planning Board to fully evaluate the impacts and proposed mitigation measures of both the current phase and the full build out of the project.
g. A justification of density bonuses, if any, which will be incorporated into the overall design. This shall include a description of amenities being proposed in order to obtain density bonuses, e.g. interior public community and cultural space, public open space, historic preservation treatment, and qualifying energy conservation technologies.
5. Impact Criteria for Granting a Special Use Permit
The impacts of the Mixed Use Mill Redevelopment will be evaluated in conjunction with the Special Use Permit process, rather than the Site Plan Approval process. In order to obtain a Special Use Permit from the Planning Board, the applicant must demonstrate to the satisfaction of the Planning Board the following criteria are met:
a. The proposed Mixed Use Mill Redevelopment shall not create undue hazards or unreasonable expenditures of public funds, and that the public health and safety will be maintained during and following development.
b. The proposed Mixed Use Mill Redevelopment shall generate a net positive fiscal impact for the Town. The Planning Board may require the preparation and review of a fiscal impact assessment to demonstrate compliance with this requirement.
c. The proposed Mixed Use Mill Redevelopment shall include provisions, satisfactory to the Planning Board, to insure that current and future municipal service capacity for police, fire, public works, water, sewer, general government, recreation, school services and facilities will not be adversely affected by the development. The Planning Board may require the preparation and review of a report on municipal service capacity to demonstrate compliance with this requirement.
The proposed Mixed Use Mill Redevelopment shall not create an undue hazard or nuisance for vehicle or pedestrian traffic; shall include adequate provisions for safe and efficient traffic access, circulation and parking; and shall promote safe pedestrian and public transportation linkages between the site and Main Street to maximum practical extent. The Planning Board may require the preparation and review of a traffic impact assessment, as well as an on and off-site improvement plan for pedestrian and traffic safety, including, but not limited to, traffic calming measures, pedestrian bridges and crosswalks, and other mitigation to demonstrate a safe and efficient vehicular and pedestrian plan.
e. Adequate and appropriate public utilities and infrastructure (water, sewer, storm water management, parking, and other) shall be available or provided to support the proposed Mixed Use Mill Redevelopment. The Planning Board may require the preparation of a public utility and infrastructure report to demonstrate compliance with this requirement.
The proposed Mixed Use Mill Redevelopment shall not result in unreasonable impacts to adjoining properties or uses, by way of light, noise, pollution, visual blight, odor, vibration or other nuisance. The Planning Board may require the preparation and review of environmental studies, as it may deem necessary to meet this criteria.
The Planning Board may waive the requirement that any or all of these studies be submitted if, in its discretion, it determines that the studies are not necessary for the board to make an informed decision. The Planning Board may engage the services of various professionals to assist it in the evaluation of any studies it may require. The applicant shall pay all costs associated with the independent review of such studies. In order to keep the approval process from being burdensome on the applicant, demonstration by the applicant of compliance with Section 5 herein shall give just cause for the Planning Board to grant a waiver of any duplicative Site Plan Review Regulation(s), provided there have been no material changes in any condition(s), and/or material revision(s), to the applicant's approved Master Site Development Plan, which may give cause for further special studies or technical assistance required by the Planning Board.
Dimensional Requirements
In general, Mixed Use Mill Redevelopments are governed by the dimensional requirements of Section 3.00 Dimensional Requirements and the Dimensions Table, with the exception of Section 3.03 Residential Density and the stated requirement for “Maximum Residential Density”.
The Maximum Residential Density for residential units which are proposed as part of a Mixed Use Mill Redevelopment in the M-1 District shall be based upon the total developable gross square footage of the building(s) to be rehabilitated and/or reconstructed. The base permitted residential area is a maximum of 70% of said total. The number of permitted residential dwelling units shall be calculated by dividing the base permitted residential area by 1,300. Density bonuses, permitting an additional number of units and an additional percentage of the total gross developable area of the building(s) to be devoted to residential use, may be granted by the Planning Board for Mixed Use Mill Redevelopment projects, as follows:
a. An additional bonus of up to 6%, for units and residential square footage, shall be granted by the Planning Board if the applicant provides at least 2% of the gross developable building area for interior public community and cultural space.
An additional bonus of up to 6%, for units and residential square footage, shall be granted by the Planning Board if the applicant provides exterior public open space, such as a courtyard, park, formal urban space, and fishing or waterfront viewing pier, together with landscaping and pedestrian-oriented amenities which integrate the mill redevelopment with the Main Street, current and planned public river walk construction and adjacent public spaces and private properties.
c. An additional bonus of 4%, for units and residential square footage, shall be granted by the Planning Board if the building is rehabilitated in accordance with the Secretary of Interior’s Standards for Historic Rehabilitation.
d. An additional bonus of up to 4%, for units and residential square footage, shall be granted by the Planning Board if construction is US Green Building Council LEED (Leadership in Energy and Environmental Design) certifiable as demonstrated by a completed LEED checklist/scorecard.
7. General Requirements
a. The Special Use Permits shall apply only to a specific project as proposed at the time of approval. Changes to the proposed project must be approved by the Planning Board as amendments to the Special Use Permit.
b. All understandings reached between the applicant and the Planning Board shall be outlined in a legally binding Development Agreement.
c. Special Use Permits shall be valid for 2 years from the date of approval. Should active and substantial construction not have begun within two years, the permit shall be null and void. The Planning Board may, at its sole discretion, grant an extension of this 2-year period.
Unless specifically stated otherwise herein, an application for a Special Use Permit is subject to the application, submission, public hearing, notice, and administrative requirements of RSA 676:4 I. and Title III: Newmarket Land Use Code and Regulations Chapter VI: Subdivision.
If requested by the applicant, the Planning Board may waive any of the requirements for Mixed Use Mill Redevelopments provided the Board makes a finding that the purpose and intent of this section of the ordinance will be fulfilled despite the grant of the waiver.
f. Off-site parking associated within the Mixed Use Mill Redevelopment shall be allowed within the M-1, M-2, or B-1 Zoning Districts, provided it is located within 500 feet of the proposed site, regardless of whether the corresponding zoning district and the Zoning Ordinance prohibits any use which is being applied for pursuant to this Section. The Planning Board may increase this distance to 1,000 feet where parking is intended for employees rather than residents and customers.
Part Two: Other Changes
The following changes are needed to the text of Title III: Newmarket Land Use Code and Regulations Chapter IV: Zoning Ordinance:
A. Revise Section 1.00: ADMINISTRATIVE PROVISIONS, as follows
1. Add to § 1.11 Definitions the following new definitions:
Mixed Use Mill Redevelopment – a lot, tract, or parcel of land in the M-1 District to be redeveloped as a single entity through the rehabilitation of existing mill buildings and the possible construction of compatible new building for a combination of residential and non-residential uses as set forth in a Master Site Development Plan.
Artist Live/Work Space Units – single enclosed private units of at least 900 square feet, which provide affordable living/work spaces for artists, writers, musicians, or craft people, in which a minimum of 40% of the space is devoted to studio space for creation, display, exhibit and sale of art, with the remainder used for living purposes.
2. Add to second line of § 1.09 SPECIAL USE PERMIT, paragraph (A):
“§ 2 01 (B) (2) (b) for multi-family residential uses as part of a Mixed Use Mill Redevelopment,”
B. Amend the Table of Permitted Uses (Page 25)
1. Allow “Multi-family residential” by adding an X to the column under M-1 District and a new Footnote 3.
2. Remove “Student housing” as a permitted use by right in the M-1 District, by deleting X from that row under the M-1 District column.
Remove “Nursing Home” as a permitted use by right in the M-1 District, by deleting X from that row under M-1 District column.
Remove “Commercial amusement” as a Permitted Use by right in the M-1 District, by deleting X from that row under the M-1 column.
5. Add Footnote 4 to prohibit drive-through restaurants in the M-1 District.
6. Add notes to light manufacturing and research and development, limiting the hours of operation to between 7 a.m. and 7 p.m.
C. Amend Dimensions Table (Page 30) by adding Footnote 1 that reads: the Maximum Residential Density for multi-family residential housing in the M-1 District is as stated in § 2.01 (B) (2) (b) (6).
D. Revise § 7.02 Mixed Use Development, by adding the following language to § 7.02 (C) (1). “Mixed Use Redevelopments” within the M-1 District are subject to the Special Use Permit requirements as set forth in § 2.01 (B) (2) (b) ”.
TABLE OF PERMITTED USES – Uses checked are permitted by right
USE
M1
M2
M3
M4
B1
B2
B3
R1
R2
R3
R4
Single family res. including manufactured housing
X
X
X
X
Single family residential excluding manufactured housing
X
X
X
Duplex residential
X
X
X
Multi-family residential
X 3.
X
Student housing
Age-restricted housing (elderly)
X
X
X
1
1
1
Residential home care facility
X
Nursing home
X
X
X
Day care (any size)
X
X
X
X
X
Family group child day care
X
Family child day care
X
X
Bed & breakfast
X
X
X
X
X
X
X
Hotel
X
X
X
X
X
X
Conference center
X
X
X
X
Indoor and/or outdoor recreation facility
X
X
X
X
X
X
Golf course
X
X
Country club
X
X
X
Health club
X
X
X
X
X
Marina
X
X
Retail
X
X
X
X
X
Office
X
X
X
X
Studio
X
X
X
X
X
Service
X
X
X
Restaurant
X 4.
X
X
X
Lounge
X
X
X
X
Wholesale
X
X
X
X
X
Warehouse
X
X
X
Light manufacturing
X 5.
X
X
X
X
Manufacturing
X
X
Research & development
X 5.
X
X
X
Automotive repair
X
Commercial amusement
X
Civic use
X
X
Cultural use
X
X
X
Place of assembly
X
X
X
Education facility
X
X
X
Commercial excavation
X
X
X
X
Forestry & agriculture, including animal husbandry
1. See § 7.05 Affordable Elderly Housing for individual district limitations and requirements.
See B3 District for Requirements for Special Use Permit.
See M-1 District for Requirements for Special Use Permit allowing multi-family residential use only as part of a Mixed Use Mill Redevelopment, Section 2.01 (B) (2).
No drive-through restaurants are allowed.
5. Only light manufacturing and research and development uses, limiting the hours of operation to between 7 a.m. and 7 p.m.
