STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS CITY OF EAST PROVIDENCE CHAPTER

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1 STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS CITY OF EAST PROVIDENCE CHAPTER AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND 1998, AS AMENDED, ENTITLED "ZONING." THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS: SECTION I. Section entitled "Districts Designated" of Article III entitled "District Regulations" is hereby amended as follows: Parcel 1 on Assessor s Map 207, Block 21 presently located in a Residential 6 District is hereby changed to be included in a Commercial 2 District subject to the following conditions: 1. That the use on the subject property be restricted to a bank; and 2. That in the event the property is not developed into, or used as a bank use, the property would revert to its status as a Residential-6 property on the City s Official Zoning Map. The Zoning Map of the City of East Providence shall be amended accordingly. SECTION II. This ordinance shall take effect upon passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed. Adopted: Attest: City Clerk of the City of East Providence, Rhode Island Requested by: Planning Department

2 STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS CITY OF EAST PROVIDENCE CHAPTER AN ORDINANCE IN AMENDMENT OF THE CITY OF EAST PROVIDENCE COMPREHENSIVE PLAN UPDATE SECTION I. Map 3 of the City of East Providence Comprehensive Plan Update entitled and "Central East Providence Generalized Land Use," is hereby amended to identify the property designated as Assessor's Map 207, Block 21, Lot 1, as Retail use subject to the following conditions: 1. That the use on the subject property be restricted to a bank; and 2. That in the event the property is not developed into, or used as a bank use, the property will revert to its status as a Medium Density Residential property on the Comprehensive Plan s East Providence Central East Providence Generalized Land Use Map. The Central East Providence Generalized Land Use Map (Map 3) of the City of East Providence, Comprehensive Plan Update, shall be amended accordingly. SECTION II. This ordinance shall take effect upon passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed. Adopted: Attest: City Clerk of the City of East Providence, Rhode Island Requested by: Planning Department

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4 CITY OF EAST PROVIDENCE PLANNING DEPARTMENT MEMORANDUM Date: November 21st, 2013 To: From: City Council Planning Board Re: Community & Teachers Federal Credit Union (Map 207, Block 21, Parcel 1) Application for Comprehensive Plan Amendment and Zoning Map Amendment Introduction The applicant, Community & Teachers Federal Credit Union, is requesting a Comprehensive Plan Amendment and Zoning Map Amendment for Parcel 1 of Map 207, Block 21 (also referenced as 1169 South Broadway). The proposed rezoning requests a modification from the current Residential-6 (R-6) designation to a Commerical-2 (C-2) designation. The Generalized Land Use Map from the City s Comprehensive Plan currently designates the subject parcel as Medium Density Residential. The applicant is requesting a map amendment of the Comprehensive Plan from Medium Density Residential to Retail for the purposes of developing a bank use on the property. As required by City Ordinance, the Planning Board must review and provide a recommendation to the City Council for all zoning map amendments, and comprehensive plan amendments. The Planning Board is required to hold a public hearing on any proposed amendments to the Comprehensive Plan. The applicant appeared before the Planning Board at a public hearing held on November 20 th, During the public hearing, no abutters objected to the proposal and one spoke in favor of the proposal. A decision was rendered by the Planning Board to recommend approval of the applicant s request and will be described in the narrative that follows. General Description of Property Parcel 1 (also referenced as 1169 South Broadway) is an approximately 40,800 square foot property with frontage on South Broadway, Fort Street, Public Street and Mason Street. Primary access to the site will be from the South Broadway frontage of the property. The property is currently owned by the City of East Providence, but will be acquired by the applicant, contingent upon the approval of a Comprehensive Plan Amendment and Zoning Map Amendment. In addition to the Comprehensive Plan Amendment and Rezoning Map Amendment, the application is currently under a Development Plan Review (DPR) process as required under Article VIII of Chapter 19 of the City s Zoning Ordinances. A conditional approval on the Development Plan Review application was completed on November 19,

5 Comprehensive Plan Amendment According to Rhode Island General Law , Rhode Island Comprehensive Planning and Land Use Act, amendments to the City s Comprehensive Plan may be initiated by the City or requested by an individual, business or agency, and only four amendments may be approved by a City Council per year. An amendment requires a public hearing held by the Planning Board to provide a recommendation to the City Council, and a separate public hearing held by the City Council for formal adoption. The notification requirement for a comprehensive plan amendment follows the same process as an amendment of a local ordinance, which requires the Planning Board s public hearing to be advertised in a newspaper and the City Council s public hearing to be advertised in a newspaper once a week for three (3) consecutive weeks. A display advertisement was placed in the East Providence Post on October 31 st, November 7 th and November 14th, 2013 that informed the public that a public hearing would be held by the Planning Board. In addition, all owners within a 200 foot radius were notified by certified mail of the public hearing for the Zoning Map amendment and Comprehensive Plan amendment. As part of this application for a Comprehensive Plan Land Use Plan Map Amendment (and Zoning Amendment Petition) the developer/applicant retained the services of a land use consultant to prepare a Land Use study to assess Comprehensive Plan and Zoning consistency, as well as fiscal impacts to the community as a result of the development. In the report prepared by land use consultant Kelley Nickson Morris, it was stated that the applicable criteria considered in developing the land use plan element are also consistent with introducing a bank into this area as follows: The land use pattern should maintain land use districts that contain complementary uses, which may include mixed uses; Creating walkable neighborhoods with small-scale neighborhood services and retail, thereby lessening the need to drive; Balancing land uses to meet needs and broaden the tax base; Manage traffic volumes to the extent possible by mitigating any potential negative impacts; and Permit infill development or redevelopment of properties provided they are compatible with adjoining land uses in terms of density and the neighborhood's predominant character. The report also identified consistency with the following goals and objectives from the Comprehensive Plan: Goal 1.0 of the Land Use Element is to "ensure that remaining vacant land or redeveloped parcels in the City are use for their maximum benefit to the community, and are of high-quality design and in character with the adjoining parcels and neighborhood." More specifically, Objectives 1.5, 1.6 and 1.7 specifically support the project: 2

6 Objective 1.5. (Land Use Element) Rezone parcels, where appropriate, to provide opportunities for development, residential, commercial or mixed use, that is compatible with surrounding land uses. Objective 1.6. (Land Use Element) Target future land uses that will increase the tax base of East Providence as municipal costs increase and residential growth decreases. Objective 2.2 (Land Use Element), continue to assess the existing zoning ordinance and revise as necessary to promote flexibility in development, to maintain the scale and character of existing areas and preserve the densities of existing residential neighborhoods. Objective 2.5 (Land Use Element) examine the potential for a contextual zoning amendment to the Zoning Ordinance to encourage compatible infill development in existing neighborhoods. Economic Development Element Objective 1.3 (Economic Development Element) "encourage small retail and service businesses that meet the local needs of the residents of East Providence." Goal 2 (Economic Development Element) "facilitate economic development of appropriate vacant or underutilized parcels of land within the City to broaden the tax base and create local and regional job opportunities." The Land Use report concluded the proposal is generally consistent with the Comprehensive Plan and that the City Council need only consider extending the currently existing designation of retail on South Broadway another block south, where the land uses are also of mixed character. The report also included the statement that the resulting increase in the tax base with little impact on the neighboring properties will serve as a very positive improvement to the City. It is the opinion of the Planning Board that the applicant s request to change the designation of parcel 1 of Map 207, Block 21 from Medium Density Residential to Retail for the purposes of developing a bank use on the property is consistent with the Comprehensive Plan and that the following findings can be met: 1. The development pattern contained in the Land Use Plan inadequately provides appropriate optional sites for the use proposed in the amendment; 2. The amendment constitutes an overall improvement in the Comprehensive Plan and is not solely for the good or benefit of a particular landowner or owners at a particular point in time; 3. The amendment will not adversely impact the community as a whole or a portion of the community by: a. Significantly altering acceptable existing land use patterns; 3

7 b. Requiring larger and more expensive improvements to roads, sewer or water systems than are needed to support the prevailing land uses and which, there, may impact development of other lands; c. Adversely impact existing uses as a result of increased traffic on existing systems; d. Effect on the livability of the area or the health and safety of the residents. 4. The amendment is consistent with the overall intent of the Comprehensive Plan. The Planning Board is of the opinion that the proposed amendment will not alter the existing land use patterns of the immediate area, require public infrastructure improvements, adversely impact adjacent or nearby land uses by an increase in traffic, impact the livability of the area, or the health and safety of the residents and is in agreement with the findings expressed in the land use study and consultant Kelley Nickson Morris conclusion that the Comprehensive Plan Land Use Map amendment is generally consistent with the City s Comprehensive Plan. Rezoning Request for Map 207, Block 21, Parcel 1 from an R-6 to a C-2 Designation Section of Zoning requires that the Planning Board review and provide an advisory opinion to the City Council for all requests to amend current Zoning. Specifically, the Planning Board provides to the City Council, a statement of the general consistency of a proposed amendment to the City s Comprehensive Plan (including goals and policy statements), consideration of the general purposes of Section 19-2 of Zoning, and a statement indicating whether a Comprehensive Plan amendment is necessary. Section of the Zoning Ordinance requires that following a recommendation from the Planning Board, a petition to amend Zoning must appear before the City Council as a public hearing, which requires notice to be sent by certified mail to abutters within 200 feet and the public hearing is advertised in a newspaper 4

8 once a week for three (3) consecutive weeks. Comprehensive Plan Consistency As stated above, it is the intent of the petitioner for parcel 1 (1169 South Broadway) to be used as a retail use, specifically for a bank/credit union use. The Comprehensive Plan, Generalized Land Use plan currently designates Parcel 1 of Map 207, Block 21 as Medium Density Residential. The accompanying petition for a Comprehensive Plan amendment requests that the property receive a Comprehensive Plan Land Use Map amendment that modifies the designation from Medium Density Residential to Retail. A Zoning Map amendment, therefore is predicated upon the Comprehensive Plan Amendment being approved as requested under this application. The subject parcel abuts a residential neighborhood on all sides. Primarily single family properties abut the subject property on Fort Street, Mason Street and Public Street. Multi family (High Density Residential) properties abut the property on the opposite side of South Broadway. Standards of Section 19-2 of Zoning It is the opinion of the Planning Board that the petitioner s request is consistent with the following standards of Section 19-2, Zoning: Sect (2) Provide for a range of uses and intensities of use appropriate to the character of the city and reflecting current and expected future needs. Sect (3) Provide for orderly growth and development which recognizes: a. The goals and patterns of land use contained in the Comprehensive Plan of the city adopted and amended thereafter pursuant to G.L. 1956, ; b. The natural characteristics of the land including its suitability for use based on soils characteristics, topography, and susceptibility to surface water or groundwater pollution; e. The availability and capacity of existing and planned public and/or private services and facilities; Sect (10) Promote a high level of quality in design in the development of private and public facilities. Sect. 19-2(13) Provide for efficient review of development proposals, to clarify and expedite the zoning approval process. It is also the opinion of the Planning Board that the request of the petitioner to rezone parcel 1 from a Residential-6 to a Commercial-2 designation is consistent with the Comprehensive Plan considering landscape buffering, architectural design, drainage improvements and judicious use 5

9 of outdoor lighting (time, duration, and direction) will be addressed as part of the overall project s review under the Development Plan Review (DPR) process and further, that a condition of approval be placed by the City Council to restrict the use on the property to a bank use only. Fiscal Impact Analysis The Department of Planning had requested that the applicant provide a fiscal analysis of the impact of the proposed project on tax revenue generation and demand for public services as a result of the proposed use, as well as one-time revenues to the City. The fiscal analysis provided by land use consultant Kelley Nickson Morris indicated the impacts as follows: 1. No students will be introduced into the school district; and the impact to other municipal services, ie., including parks and recreation, public safety, town hall services, is generally calculated on a per capita basis, which is also achieved by using estimated residential occupants. 2. One-time Revenues - There will be other one-time revenues to the City, which would include building and related permit fees, as well as some temporary constructionrelated employment impacts. The permit and related fees will relate to building (including structural, mechanical, plumbing and electric) permits are expected to be approximately $3,258, as well as water and sewer connection fees estimated to be approximately $4,000. The main source of new revenue to the City will be in tax receipts. Total estimated one-time revenue impact $7, Property Tax Revenues The applicant engaged a real estate agent to prepare a market analysis of the property with the proposed improvements. The estimated value of the improved property is approximately $850,000 +/-. Property is assessed in East Providence at fair market value. Therefore, with a tax rate of $25.21/$1,000, the additional tax revenue per year would be $21,430 +/-. Total estimated property tax revenues - $21,430 annually While the Planning Department generally agreed with the findings presented within the consultant s fiscal impact analysis and the study s finding that the new development would provide a revenue positive impact for the City, it can be deduced that there would be some demand on City services as a result of the development that was not quantified within the analysis. It would be expected however, that the annual expense on the City for these services would be, in most years, negligible. 6

10 Recommendation Comprehensive Plan Amendment The Planning Board recommends that the City Council approve the applicant s request to change the designation of parcel 1 of Map 207, Block 21 from Medium Density Residential to Retail and that the use on the property be restricted to a bank use only and further, that in the event the property is not developed into, or used as a bank use, the property would revert to its status as a Medium Density Residential property on the Comprehensive Plan s Land Use Map. Rezone Request for Parcel 1 from a Residential-6 (R-6) Designation to a Commercial-2 ( C-2) Designation The Planning Board recommends that the City Council approve the applicant s request to rezone parcel 1 of Map 207, Block 21 from a Residential-6 (R-6) designation to a Commercial-2 (C-2) designation based upon the findings that the applicant s request is consistent with the Comprehensive Plan and that positive findings were found within the standards of section 19-2 of Zoning, and that the use on the property be restricted to a bank use only and further, that in the event the property is not developed into, or used as a bank use, the property would revert to its status as a Residential-6 (R-6) property on the City s Official Zoning Map. Enclosures; Provided via digital copies: Application to amend zoning map October 4, 2013 letter from Attorney Martin Slepkow, to James Moran Planning report prepared by Kelley Nickson Morris, dated 10/1/2013 List of abutters within 200 feet with Public Hearing Notice and attached map East Providence Post advertisements of public hearing Zoning Map Amendment Plan Draft Rezoning Ordinance Draft Comprehensive Plan Amendment Ordinance Cc: Paul Lemont, Interim City Manager Timothy Chapman, City Solicitor Jeanne Boyle, Planning Director Stephen Coutu, Public Works Director Edward Pimentel, Zoning Officer Kim Casci, City Clerk Oscar Elmasian, Fire Chief 7

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