TOWN OF NARRAGANSETT COUNCIL COMMUNICATION

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1 TOWN OF NARRAGANSETT COUNCIL COMMUNICATION CC: Amend No. Date Prepared: March 27, 2013 Council Meeting Date: April 1, 2013 TO: FROM: Richard Kerbel, Interim Town Manager Michael J. DeLuca, Community Development Director SUBJECT: A CONTINUED PUBLIC HEARING for the purpose of revising the Redevelopment Plan for the Narragansett Pier Urban Renewal Project (Project No. R.I. 24), to incorporate amendments in the Land Use Plan as affirmed in the Development Agreement between the Town and Narragansett Pier Village Apartments LLC and GP Retail LLC recorded July 21, RECOMMENDATION: To HOLD A PUBLIC HEARING to amend the text the Narragansett Pier Urban Renewal Project - Land Use Plan at Section C 2a(2) incorporating language agreed upon by the Town and Gilbane in the Development Agreement dated July 21, To RECEIVE AND PLACE ON FILE the Planning Board s Review and Recommendation. SUMMARY: This ordinance is proposed to amend the land use designation for four (4) specific buildings in the R.I. 24 Project Area. During the hearing last month the Council requested further information about the history of the development agreement and the broader plan for allowing mixed-use in the Pier Village Site. Staff had suggested that this amendment was primarily a housekeeping item whereby two areas of the land use regulations specific to the Urban Renewal site will be revised to allow for alternate uses where only a single category of use was previously authorized. These amendments will codify agreements made by and between the Town and the Gilbane Coropration in 2006 when the expansion of commercial and residential development onsite was approved by the Town Council. The aforementioned Development Agreement details numerous responsibilities of both parties including the required improvements which were summarized and agreed upon by both parties. Relevant excerpts from the Development Agreement are attached herein. TOWN CLERK USE ONLY: Consent Agenda ORD. # RES. # Carry Over to Date: LCON# LIC. # Approved Action Date: Unfinished Business (Date heard previous: ) New Business Public Hearing No Action Taken REV. 02/2010

2 The first amendment allows for commercial use of certain units in Building J located at the corner of Narragansett Avenue and Caswell Street. This building is currently designated for residential use only. 2 The second amendment allows for residential expansion of three interior buildings within the Core Area noted on the plans as Buildings B, C & D which were previously limited to commercial only. On January 15, 2013 the Planning Board reviewed the proposed new language to the Land Use Plan specific to this site and the map revisions reflecting the new wording. Following discussion the Board voted to recommend approval of the changes as drafted. Their memorandum is attached. ATTACHMENTS: 1. Proposed text of Ordinance corrected by staff 2. Excerpts from the Development Agreement 3. Amended Land Use Map of Narragansett Pier Urban Renewal Project 4. Planning Board Recommendation corrected by staff

3 TOWN OF NARRAGANSETT CHAPTER AN ORDINANCE AMENDING AND ADDING TO THE REDEVELOPMENT PLAN PROJECT R.I. R-24 APPROVED NOVEMBER 25, It is ordained by the Town Council of the Town of Narragansett as follows: SECTION 1: WHEREAS, on November 25, 1969 the Town Council of the town of Narragansett approved an ordinance entitled Ordinance of the Town Council of the Town of Narragansett Approving the Redevelopment Plan and the Feasibility of Relocation for Project R.I. R-24, and WHEREAS, the Redevelopment Plan dated October 22, 1969 for Project No. R.I. R-24 was approved by the Town Council; and WHEREAS, on the 28 th day of June, 1972 the Town Council adopted an amendment to the aforesaid Redevelopment Plan; and WHEREAS, on the 19 th day of September, 1973 the Town Council adopted a second amendment to the aforesaid Redevelopment Plan; and WHEREAS, on the 21 st day of March, 1983 the Town Council adopted a third amendment to the aforesaid Redevelopment Plan; and WHEREAS, on the 4 th day of April, 1983 the Town Council adopted a fourth amendment to the aforesaid Redevelopment Plan; and WHEREAS, on the 18 th day of July, 1983 the Town Council adopted a fifth amendment to the aforesaid Redevelopment Plan; and WHEREAS, on 18 th day of June, 1984 the Town Council adopted a sixth amendment to the aforesaid Redevelopment Plan; and WHEREAS, on 18 th day of March, 1985 the Town Council adopted a seventh amendment to the aforesaid Redevelopment Plan; and WHEREAS, pursuant to the Development Agreement dated July 21, 2006, the Town of Narragansett as successor to the former Narragansett Redevelopment Agency agreed to certain changes be made to the Redevelopment Plan. WHEREAS, The Town Council has review said changes; now, therefore, the Town Council of the Town of Narragansett approves the same.

4 SECTION 2: The following changes are hereby made in the Redevelopment Plan, Project R.I. R-24, approved November 25, 1969 as amended on June 28, 1972, September 19, 1973, March 21, 1983, April 4, 1983, July 18, 1983, June 18, 1984 and March 18, 1985: A. Paragraph C- LAND USE PLAN is amended as follows: Add the following Sections to Section C 2a(2): (a) Commercial use is permitted on the first floor of Building J within that portion of the MULTI- FAMILY RESIDENTIAL use area designated as Units 909, 910 and 913 in Building J and further identified as COMMERCIAL, ALTERNATE USE, MULTI-FAMILY RESIDENTIAL LOT181-1 Building J SEE NOTE, on that map entitled NARRAGANSETT PIER URBAN RENEWAL PROJECT. PROPOSED BOUNDARIES & PROPOSED LAND USE MAP CODE NO: R-213, NARRAGANSETT REDEVELOPMENT AGENCY, NARRAGANSETT, RHODE ISLAND, JULY 25, SEE ALSO DEVELOPMENT AGREEMENT IN L.E. BOOK 660 PAGE 494 SECTION I D. (b) Residential use is permitted on the floors above the first floors of COMMERCIAL BUILDING B, COMMERCIAL BUILDING C AND COMMERCIAL BUILDING D and further identified as COMMERCIAL ALTERNATE USE MULTI-FAMILY RESIDENTIAL SEE DEVELOPMENT AGREEMENT IN L.E. BOOK 660 PAGE 494 SECTION II E, SECTION II F & SECTION III B on that map entitled NARRAGANSETT PIER URBAN RENEWAL PROJECT. PROPOSED BOUNDARIES & PROPOSED LAND USE MAP CODE NO: R-213, NARRAGANSETT REDEVELOPMENT AGENCY, NARRAGANSETT, RHODE ISLAND, JULY 25, 2012 SECTION 3: This ordinance shall take effect upon its passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed. First reading read and passed in Town Council Meeting legally assembled this day of, Second reading read and passed in Town Council Meeting legally assembled the day of, ATTEST: Anne M. Irons, CMC, Town Clerk ADVERTISED:, 2013 and,2013

5 The following text is excerpted from DEVELOPMENT AGREEMENT approved by Town Council on July 3, The full AGREEMENT was signed July 21, 2006 and recorded in the Land Evidence Records on July 24, Section I Construction of Residential Improvements D. Mixed Use It is agreed that the Residential Improvements require two (2) existing first floor apartments in Building J (at the entrance to the property at Caswell Street), to be converted to commercial space and expanded to incorporate a total of approximately 3,000 square feet of commercial space (one (1) - three (3) units). As such, the Urban Renewal Plan shall be amended to allow for such mixed-use in the Pier Residential Area. Pier Village will consent to an amendment to the Urban Renewal Plan to allow a mixed use in the Pier Residential Area. Pier Village agrees that the foregoing commercial space within Building J will be utilized for commercial space and will not be used as a management office or sales office for either the Pier Commercial Area or the Pier Residential Area. In order to make up for the loss of two residential units in Building J Pier Village shall be permitted to add onto Building D sufficient area to add two (2) residential units. In the event that building D cannot be extended sufficiently to include the two (2) new residential units, the parties agree to cooperate in the selection and identification of another building (except Buildings A and B), within the Pier Residential Area. Plans for the relocation of the one (1) or two (2) residential units shall be subject to the plan review requirements of Paragraph A hereof. Section II Construction of Commercial Improvements E. Affordable Housing GP Retail agrees to set aside as affordable housing 35% of any new residential units to be built in Phase II in the Core Area and buildings shown on Exhibit D. These units will be subject to the provisions on Town Ordinances in effect at the time they are available for sale or lease, provided however that the residential units shall be required to comply with all state requirements to qualify as affordable and shall specifically remain as affordable units for a period of at least thirty (30) years. F. Amendment to Urban Renewal Plan The parties acknowledge that the Urban Renewal Plan will be amended to change the uses and restrictions to allow for the Commercial Improvements as depicted in the conceptual plans and as referenced in the Zoning Compliance Chart submitted to the Town by GP Retail. These include allowance for mixed-use zoning, a 35 ft. height limit and an allowance for the restaurant building to be built to the curb line and with no loading berth.

6 Section III. Cooperation and Future Study B. Phase II Commercial Improvements GP Retail and its consultants agree to meet with and cooperate with the Town, and its consultants to finalize the plans for the construction of Phase II commercial work. The proposed Phase II commercial work will include the construction and redevelopment of commercial buildings within the Core Area of the Pier Commercial Area, including but not limited to the footprint and surrounding areas for the three (3) buildings currently owned by GP Retail as depicted in Exhibit D entitled Core Area Buildings and the realignment/relocation of the interior access roadway running through the Core area out to the entrance at Kingstown Road and Boon Street. The proposed Phase II interior roadway improvements in the Pier Commercial Area will, to the extent possible, due to the rights of third parties, achieve reasonable conformity to the concepts set out in the Woodard & Curran alternate (attached as Exhibit E). It is understood that some of the proposed conceptual changes proposed for Phase II, including the proposals for realignment and relocation of interior access roadways, involve areas that are not solely controlled and/or owned by GP Retail and that the Town recognizes that the implementation of certain Phase II proposals would require the cooperation and consent of adjacent Condominium Association and the owners of the Village Inn/Theater. Both GP Retail and the Town shall use their best efforts to obtain the necessary cooperation and consent; provided however, that the failure to obtain the necessary cooperation or consent shall not relieve GP Retail of its obligations to construct and/or redevelop those portions of Phase II that do not require the cooperation and consent of the adjacent condominium Association and the Pier Village Inn/Theater once approved by the Town. The parties will also study and address available and anticipated parking needs in the Pier Commercial Area. The conceptual plans for the interior roadway improvements and Core Area and Buildings shall be completed not later than one (1) year from the date of this Agreement, and, be mutually agreed to and approved by the Town Council. As part of the approval, GP Retail and the Town Council shall establish a schedule for the completion of the work contemplated by the conceptual plans and the Town Council shall establish the amount of the performance bond as set forth in Section II (C).

8 DATE: February 12, 2013 TO: FROM: SUBJECT: James M. Callaghan, President Narragansett Town Council Terence Fleming, Chairman Narragansett Planning Board Pier Village UR Zone text update BACKGROUND Pursuant to the Town Council s request, on Tuesday January 15, 2013 the Narragansett Planning Board, considered the subject request for text and mapping change in the Narragansett Pier Urban Renewal Zoning District. This application came at the request of the attorney for the Gilbane Corporation although it is intended to serve the public s needs as well. In 2006 the Town Council, after a protracted negotiation, entered into a Development Agreement (the agreement) with Gilbane Corporation to codify several new provisions directing the future development of the Pier Village site regulated under the Urban Renewal regulations of our Zoning Code. In the course of their negotiations two provisions were agreed to that reflect on the original Land Use Plan for the site adopted on November 29, That Building J (located at the corner of Narragansett Avenue and Caswell Street) be permitted to allow commercial use on the first floor in units 909, 910 & 913. This area has previously been designated for residential use only. 2. That Commercial Buildings B, C & D (the 3 smaller interior buildings housing the coffee shop, the laundry and the former day care), be permitted to add residential use on the floors above the first floor. These amendments were to be made to the Land Use Plan but this action was overlooked at the time. The current request is merely a housekeeping item to bring the agreement and the LU Plan into conformance with each other. 1

9 THE REDEVELOPMENT PLAN The original redevelopment plan for this site (R-24) was approved by the Town Council in Chapter 175 of the Town Code of Ordinances on November 25, In the ordinance they acknowledge the redevelopment plan for the project area dated October 22, 1969 which included maps and supporting documents. This plan conceived the site to be appropriate for multi-family uses and commercial uses. The ordinance ordained 23 distinct findings upon which the Redevelopment Plan was approved. The Redevelopment Plan included among its objectives to restore economic vitality by providing a unique and attractive environment for downtown businesses. Duration of control was set for a period of forty (40) years. Rehabilitation of existing buildings was specifically not proposed. This site was designated Commercial allowing the following uses:, Retail stores, and shops, personal service establishments, theaters or places of public assembly, professional and commercial offices, automobile service facilities, motel or hotel, eating and/or drinking establishments and off-street parking and landscaping related thereto. Plan submissions were required to address the design, architecture, proposed distribution and intensity of uses, building materials, parking/loading facilities, landscaping and signage. Performance bonding for all new development in an amount equal to 5% of the estimated construction cost was required prior to commencement of construction. Site maintenance, extension of utilities, screen planting and sign regulation were also set forth. FINDINGS OF FACT The following changes are requested in the Redevelopment Plan, Project R.I. R-24, approved November 25, 1969 as amended on June 28, 1972, September 19, 1973, March 21, 1983, April 4, 1983, July 18, 1983 and June 18, 1984: A. Paragraph C- LAND USE PLAN is amended as follows: Add the following Sections to Section C 2a(2): (a) Commercial use is permitted on the first floor of Building J within that portion of the MULTI-FAMILY RESIDENTIAL use area designated as Units 909, 910 and 913 in Building J and further identified as COMMERCIAL, ALTERNATE USE, MULTI- FAMILY RESIDENTIAL LOT181-1 Building J SEE NOTE, on that map entitled NARRAGANSETT PIER URBAN RENEWAL PROJECT. PROPOSED BOUNDARIES & PROPOSED LAND USE MAP CODE NO: R-213, NARRAGANSETT REDEVELOPMENT AGENCY, NARRAGANSETT, RHODE ISLAND, JULY 25, SEE ALSO DEVELOPMENT AGREEMENT IN L.E. BOOK 660 PAGE 494 SECTION I D. 2

10 (b) Residential use is permitted on the floors above the first floors of COMMERCIAL BUILDING B, COMMERCIAL BUILDING C AND COMMERCIAL BUILDING D and further identified as COMMERCIAL ALTERNATE USE MULTI-FAMILY RESIDENTIAL SEE DEVELOPMENT AGREEMENT IN L.E. BOOK 660 PAGE 494 SECTION II E, SECTION II F & SECTION III B on that map entitled NARRAGANSETT PIER URBAN RENEWAL PROJECT. PROPOSED BOUNDARIES & PROPOSED LAND USE MAP CODE NO: R-213, NARRAGANSETT REDEVELOPMENT AGENCY, NARRAGANSETT, RHODE ISLAND, JULY 25, 2012 The Planning Board reviewed this request and its relationship to the Town Council s action in The Board concurs with staff that these suggested changes directly comport with the provisions of the Development Agreement of RECOMMENDATION Upon motion made by Mr. Hodnett and duly seconded by Mr Glazer, the Planning Board voted to recommend APPROVAL of the text and mapping changes as requested. 3

Mayor Leon Skip Beeler and Members of the City Commission. Anthony Caravella, AICP, Director of Development Services

Mayor Leon Skip Beeler and Members of the City Commission. Anthony Caravella, AICP, Director of Development Services CITY COMMISSION BRIEFING & Planning Board Report For Meeting Scheduled for November 4, 2010 Thousand Island Conservation Area Rezoning Ordinance 1519 FINAL ACTION TO: FROM: THRU: RE: Mayor Leon Skip Beeler