TO THE HONORABLE CITY COUNCIL OF THE CITY OF NEWPORT PETITTION FOR ZONING AMENDMENT

Transcription

1 TO THE HONORABLE CITY COUNCIL OF THE CITY OF NEWPORT PETITTION FOR ZONING AMENDMENT WHEREAS, Petitioner, Newport Project Development Company, LLC, a Delaware limited liability company, with an address of 2 Heritage Drive #302, Quincey, MA ( Petitioner ), has entered into a Real Estate Purchase and Sales Agreement with the City of Newport for the purchase of real estate located at 15 Cranston Avenue, Newport, Rhode Island and identified as Lots 12, 13 & 164 on Newport Tax Assessor s Plat 19 (the Premises); and WHEREAS, the Premises is the site of the former Cranston-Calvert Elementary School; and WHEREAS, said Real Estate Purchase and Sales Agreement is conditioned upon regulatory approval for the conversion of the Premises to a multifamily dwelling containing rental units at market rates for workforce housing opportunities; and WHEREAS, requests that Sections (A), and of the City s Zoning Code be amended as set forth on Exhibit A attached hereto and made a part hereof; and WHEREAS, such amendment will complement other land uses in the area, facilitate the conversion of the Premises to a multifamily dwelling containing rental units at market rates for workforce housing opportunities, be in keeping with the City of Newport s Comprehensive Community Plan, promote the public health, safety and welfare, and encourage the most appropriate use of the Premises. NOW THEREFORE, Petitioner respectfully requests that this Honorable City Council set a date for a public hearing on the proposed amendments to the Zoning Code of the City of Newport; that the same be advertised for public hearing by newspaper publication; that prior written notice be given to all owners of property within two hundred (200') feet of the perimeter of the parcels hereinbefore described, certified mail, return receipt requested; and that notice be sent to the Associate Director of the Division of Planning of the Rhode Island Department of Administration and to the Director of Utilities for the City of Newport, all in accordance with RIGL , as amended; and that at such public hearing, the proposed amendments set forth Exhibit A attached hereto and made a part hereof be considered by this Honorable City Council and adopted thereafter. Newport Project Development Company, LLC, By Its Attorneys, /s/ Peter Brent Regan Peter Brent Regan (#3421) SAYER REGAN & THAYER, LLC 130 Bellevue Avenue, Unit 2 Newport, RI (401)

2 Use regulations. EXHIBIT A PROPSED AMENDMENTS TO NEWPORT ZONING CODE (Language to be added is underlined.) A. The following uses are permitted by right: 1. Single-family dwellings; 2. Two-family dwellings; 3. Home occupations; 4. Churches and places of worship; 5. Nursery schools and day care centers; 6. Parks, playgrounds and playing fields; 7. Community residences; 8. Family day care homes; 9. Municipal and public service corporation buildings and facilities; community water supply reservoirs; community well houses; water towers, water and sewage treatment facilities, water and sewage pumping stations; 10. Accessory uses with respect to the foregoing; 11. Residential scale wind energy system. 12. Conversion to a multifamily dwelling of former public school buildings which existed prior to January 1, 1955, on a lot or lots containing a total of at least forty-five thousand (45,000) square feet in area, excluding the former Coggeshall School Density requirements. A. For lots of less than ten thousand (10,000) square feet in area which existed prior to April 13, 1977, the maximum allowable density is one single-family dwelling B. Conversion to a two-family dwelling is permitted for buildings which existed prior to April 13, 1977 on lots of less than ten thousand (10,000) square feet in area but greater than five thousand (5,000) square feet in area which existed prior to April 13,

3 C. A minimum lot area of ten thousand (10,000) square feet is necessary for a new twofamily dwelling. D. A minimum lot area of ten thousand (10,000) square feet is necessary for multifamily dwellings. The maximum allowable density is one dwelling unit per two thousand five hundred (2,500) square feet of lot area. E. A minimum lot area of forty thousand (40,000) square feet is necessary for nonprofit multifamily housing facilities for the elderly and/or handicapped. The maximum allowable density is one dwelling unit per two thousand (2,000) square feet of lot area. F. Conversion to a multifamily dwelling is permitted for former public school buildings which existed prior to January 1, 1955, on a lot or lots containing a total of at least forty-five thousand (45,000) square feet in area, excluding the former Coggeshall School. The maximum allowable density is one dwelling unit per one thousand four hundred (1,400) square feet of lot area Parking space standards. A. Single and two-family dwellings: two spaces for each dwelling unit, except that if the structure is within the historic zoning district, one space per dwelling unit shall be required. All such spaces shall be located on the same lot with the structure or on a contiguous lot if both the lots are owned by the same person, persons or entity. B. Multifamily dwellings: two spaces for each dwelling unit and located on the same lot with the structure. C. Churches, places of worship, theaters, assembly halls, auditoriums, or stadiums and the like: one space for four legal occupants and located on D. Museums: not fewer than ten (10) spaces and one (1) additional space for each three hundred (300) square feet of gross square footage in excess of two thousand (2,000) gross square feet, all located on The parking of buses and motor coaches, along with other motor vehicles incidental to a museum use, shall be permitted as a matter of right in any lot that was used, in whole or in part, as of November 9, 1994, for parking incidental to that museum use. The preceding sentence shall apply regardless of whether or not that lot or any part thereof is located on the same lot as the museum facility. Any such parking area or change in any such parking area shall be subject to a development plan review under Chapter All parking shall be on ground surface, and the idling of buses shall be in compliance with Chapter E. Hospitals, convalescent homes, rest homes and the like: for hospitals, minimum of two spaces per bed; for convalescent homes, rest homes and the like: minimum of one space for each three beds and maximum of two spaces for each three beds, plus one additional 3

4 space for every three employees during the largest daily work shift, and located on the same lot with the facility. F. Transient guest facilities: one space for every guest bedroom and one space for every three employees; all located on the same lot with the facility with the exception of an allowance for the property owner to create additional parking within an adjacent cityowned public parking facility pursuant to Section (C), transient guest facilities. G. Gasoline stations and motor vehicle dealers and repairers, establishments for auto washing and cleaning and the like: ten spaces and located on the same lot with the facility. H. Standard restaurants: one space for every one hundred fifty (150) square feet of customer service area (including, but not limited to, porches/patios/decks and terraces) plus one space for every three employees; all located on I. Fast-food restaurants: one space for every two hundred seventy-five (275) square feet of gross square footage and located on J. Retail establishments, and financial institutions: one space for every two hundred seventy-five (275) square feet of gross square footage and a maximum of two spaces for every two hundred seventy-five (275) square feet of gross footage and located on K. Tavern: one space per one hundred (100) square feet of gross square footage, (including, but not limited to porches/patios/decks and terraces) and located on the same lot with the facility. L. Professional and business offices, with the exception of offices for doctors and dentists: one space for every three hundred fifty (350) square feet of gross square footage and located on M. Medical and dental clinics and laboratories, physicians and dental offices: one space for every two hundred seventy-five (275) square feet of gross square footage and located on N. Undertakers' establishments: forty (40) spaces plus ten spaces for each chapel or parlor in excess of one, all located on O. Warehouses; wholesale businesses; trucking terminals; contractors' businesses; research laboratories; establishments for the manufacture, processing or assembling of goods; printing and publishing establishments; painting, woodworking, sheet metal, blacksmith, welding, tire recapping and machine shops; laundry, cleaning and dyeing plants and the like: a minimum of one space for each one and one-half employees during the largest daily work shift period and located on 4

5 P. Home occupations: one space for each nonresident employee; one space for each rental guest bedroom; all located on the same lot with the structure. Q. Accessory uses: one space for every four hundred (400) square feet of gross square footage and one space for every three employees normally employed as a result of the accessory use; all located on R. Marina: one space for each boat accommodated at the facility and one space for each 1.2 employees all located on S. Day care centers: one space for every three hundred (300) square feet of gross square footage and located on T. Guest houses and historic guest houses: one space for each guest bedroom, one space for the manager, and one space for every three employees; all located on the same lot with the facility. U. Schools, colleges, and universities: one space for every five seats in the main auditorium or one space for every five seats in the classrooms, whichever is greater, all located on V. Fraternity or sorority houses and student dormitories: minimum of one space for every three occupants and maximum of two spaces for every three occupants and located on W. Commercial indoor and outdoor recreation facilities: minimum of one space per one hundred (100) square feet of gross square footage and maximum of two spaces per one hundred (100) square feet of gross square footage and located on the same lot with the facility. X. Clubs for outdoor recreation: not fewer than fifteen (15) spaces, and a minimum of one additional space for every one hundred (100) square feet of gross square footage and maximum of two spaces per one hundred (100) square feet of gross square footage; all located on Y. Uses permissible by special use permit for which there is no specific parking standard identified in this zoning code, shall comply with the off-street parking requirements specified in the special use permit. Z. Multifamily housing for the elderly and/or handicapped: minimum of one space for each dwelling unit and maximum of two spaces for each dwelling unit and located on AA. Vacation guest facilities: minimum of one space for every guest bedroom and maximum of two spaces for every guest bedroom and minimum of one space for every 5

6 three employees, and maximum of two spaces for every three employees; all located on BB. Multifamily dwellings converted from former public school buildings which existed prior to January 1, 1955: one space per bedroom and maximum of two spaces for each dwelling unit, located on 6