Legal Notice

Posted

LEGAL NOTICE

CITY OF WARWICK

ORDINANCE NO. O-16-3

APPROVED SCOTT AVEDISIAN

January 20, 2016 MAYOR

CHAPTER ARTICLE

APPENDIX A

ZONING

AN ORDINANCE AMENDING THE ZONING ORDINANCE

OF THE CITY OF WARWICK

M & M LAND COMPANY AND KEVIN MURPHY, PETITIONERS

Be it ordained by the City of Warwick:

Section I. The Zoning Map and the Record Book of Lot Classifications which are a part of the Zoning Ordinance of the City of Warwick are hereby amended by changing the classification of the following described premises from Residential A-40 to Residential A-40 PDR.

Lots 97 and 98 on Assessor’s Plat 228 as said plat appeared in the Tax Assessor’s office on December 31, 2014 is hereby changed from Residential A-40 to Residential A-40 PDR. The Lots are set forth in the legal descriptions and on the map attached hereto as Exhibit A.

The change of zoning is subject to the following conditions and stipulations:

1. That the Applicant shall receive a City Council Zone Change from A-40 Residential to A-40 Planned District Residential with waivers for: Parking within 15’ of a residence WZO Section 308.2 (e) design standards, No direct access to a major street or highway WZO Section 308.2 (f) design standards and less-than-required separation between buildings WZO Section 308.2 (f) design standard.

2. That the Preliminary Plan shall include a survey plan conforming to Class 1 Standards as adopted by the RI Board of Registrations for Professional Land Surveyors. All plans shall comply with Section 3.02C of the Procedural & Technical Standards for the Practice of Land Surveying in the State of Rhode Island and Providence Plantations, Effective April 1, 1994.

3. That, prior to Preliminary Approval, the Applicant shall coordinate with the RI Historical Preservation and Heritage Commission (RIHPHC) regarding Assessor’s Plat 228; Assessor’s lot 97 to provide an advisory opinion, if the proposal would have any archeological impact.

4. That, prior to Preliminary Approval, a Storm Water Management Plan shall be submitted in accordance with Rhode Island Storm Water Design and Installation Standards Manual, dated December 2010, to demonstrate a zero-net rate increase runoff from the development. The design of drainage facilities, including, but not limited to, swales, gutters, storm sewers and the materials, grades, cross-sections, location, velocities, and capacities of drainage facilities, shall conform to current standard State and local specifications. Per the RI Low Impact Development Site Planning Design Guidance Manual, the Design Site drainage shall be routed to a permanent surface or subsurface outfall adequate to dispose of present and anticipated future runoff from the site. The Engineer shall incorporate Low Impact Design (LID) as a first choice, if practicable. Drainage shall be designed and constructed so as to not detrimentally affect adjacent properties. Where storm drainage flow is concentrated, permanently maintainable facilities shall be provided to prevent significant erosion, and/or flooding on the site or on adjacent properties. The Design shall coordinate with the City’s Engineering Division and Planning Department, prior to designing the site-drainage; this plan shall be subject to approval by the City Engineer, prior to submission to RIDEM.

5. That, prior to Preliminary Approval, the Applicant shall receive all required State and local permitting, including, but not limited to, RIDEM and local Physical Alterations Permit (PAP).

6. That pursuant to the City’s Zoning Ordinance, Section 308.2 (c), entitled Relation to Utilities and Public Facilities the Applicant/Developer shall extend the existing sewer and water line from its current location on Major Potter Road to the subject parcel in order to provide service for the (48) forty-eight proposed dwelling units. The Applicant/Developer shall coordinate and receive authorization from the Warwick Sewer Authority, West Warwick Sewer and Kent County Water, for the requested service of (48) forty-eight dwelling units.

7. That prior to Preliminary Approval, the Administrative Officer and the City Engineer shall review the Homeowner Association Documents and Deeds, which shall include, but not be limited to, covenants regarding the maintenance and repair of the proposed drainage systems, open space and private roadway, noted as Road A and Road B, of the Stonebridge Crossing Master Plan, dated May 18, 2015, most recently revised July 29, 2015.

8. That, as part of the Preliminary Plan, the Applicant shall provide a Trails Access and Management Plan, for the Open Space parcel noted on the Stonebridge Crossing Master Plan, dated May 18, 2015, most recently revised July 29, 2015. The plan, at a minimum, shall include locating and surfacing the walking trail with pervious material as well as detailing any ancillary structures being proposed, subject to RI Department of Environmental Management approval. The open space delineated on the plan shall not be further developed for housing and is to be restricted in the association documents to remain passive recreation in perpetuity. The open space area shall be maintained by the Condominium Association. The Trails Access and Management Plan, covenants, restrictions and language shall be subject to approval by the Administrative Officer.

9. That the Applicant shall coordinate with the State Fire Marshall’s Office and shall adhere to all RI General Laws relative to Fire Safety and Blasting. As a courtesy, it is encouraged that the Applicant/Developer work with the neighboring property owners on notification of said blasting outside the minimum statutory requirement.

10. That the Applicant shall submit a Preliminary Plan, as approved by the Fire Marshall, that shall include, but not be limited to:

• Note existing and proposed utilities.

• Adequate number of fire hydrants spaced 300 ft. apart and providing a minimum of 1000 GPM. Shrinklered buildings require a hydrant with 100 ft. of the Fire Department Connection.

• All two-way travel lanes shall have a minimum of 24’ of unobstructed width and an unobstructed vertical clearance of 13’6” to allow for unimpeded access by fire apparatus.

• All corners shall be negotiable by vehicles having and outer tire turning radius of 50’, left or right.

• Dead-end roads longer than 150’ shall provide tuning capabilities for fire apparatus per NFPA 1 (RIFC), 2012 Edition.

• Water supply shall be approved in accordance with RIFC 18.3 through 18.5 to comply with all life safety codes and issues.

• Note the sewer line and water line extension and water line upgrade.

11. That, consistent with the City’s Zoning Ordinance, specifically Section 308.2 (b, h), and public testimony presented at the neighborhood meeting, it is imperative that the development be designed to be harmonious with the surrounding community’s appearance and character. In considering these provisions, it is vital that the visual effect of the entrance to this multifamily development not only identify the development but also define the long-term consciousness of the area. An appropriately designed and maintained entrance can project a sense of community and provide a unified and positive image for the neighborhood. Considering the Applicant’s request for significant deviation (10’-30% deviation) from minimum building setbacks, design improvements are warranted to diminish this visual impact of this very dense development. To offset the visual massing the Applicant/Developer shall:

a) Design and install/rebuild a stone wall along Major Potter Road with stone entry, wall monument sign, and landscaping. The design architecture shall be integrated with the overall landscape design. The overall appearance, scale and composition of the monument sign shall be subject to approval by the Administrative officer and Warwick Historic District Commission for the stone wall.

b) Scale and character of the buildings shall be similar to the design rendering provided to the Planning Department and community including exterior stone design treatments and feature offsets in exterior walls, providing accent forms, and variations in roof lines that create shadows and providing off-sets that enhance the overall building design. Except for building with “walkouts” the buildings shall be single story in height. Compliance shall be subject to approval by the Administrative officer.

c) To mitigate conflict with the adjacent property owner’s loss of privacy the developers/owner shall coordinate with the abutter and shall design and construct a mutually agreed upon a visual buffer along the western property line from the front property line to Unit No. 6, as noted on the Stonebridge Crossing Master Plan, dated May 18, 2015, most recently revised July 29, 2015. The buffer shall be permanent and included within the condominium documents. The buffer shall be designed and installed to incorporate year round screening by and between properties. The design may incorporate hardscape and landscaping that emphasizes screening but is also visually attractive. The design shall be subject to approval by the Administrative Officer.

12. That the Applicant’s RI Licensed Landscape Architect shall coordinate with Planning Department Staff, prior to the development of a landscape plan, which shall include, but not be limited to:

a) The Applicant/Developer shall install (1) one street tree for every 50 feet of interior roadway, noted as Road A and Road B, of the Stonebridge Crossing Master Plan, dated May 18, 2015, most recently revised July 29, 2015.

b) That subject to RIDEM approval, the Developer shall install drip line protection fencing along the entire western side of the 100’ Riverbank Wetland perimeter to protect existing trees from being damaged during construction.

c) Preserve and protect, with drip line tree protection, any large mature shade trees within the front-yard and side-yard setback. Tree protection must be installed and approved prior to the issuance of an erosion control permit.

d) An irrigation plan shall be provided by the Applicant.

e) The proposed development will not contain sidewalks and, as such, the developer should consider installing street lighting which is intended to improve, safeguard, facilitate, and encourage vehicular and pedestrian safety.

f) Above-grade structures, such as transformers, shall be screened and or enclosed with appropriate screening, fencing or walls.

g) Coniferous trees shall be at least 6’ in height, at installation.

13. That, prior to Preliminary Approval, the Applicant shall receive approval from the Warwick Historic District Commission for alterations to the existing stone wall.

14. That all structures shall be no less than 20’ from another structure and no structure shall be less than 20’ from the edge of private roadway noted as Road A and Road B, on the Stonebridge Crossing Master Plan, dated May 18, 2015, most recently revised July 29, 2015.

15. That the Project shall be serviced by Municipal Sewer and Kent Count Water.

Section II. The Clerk of the Zoning Board of Review is hereby authorized and directed to cause said changes to be made on the Zoning Map and the Record Book of Lot Classifications.

Section III. This Ordinance shall take effect upon passage and publication as prescribed by law.

SPONSORED BY: COUNCILMAN MEROLLA

COMMITTEE: LAND USE

Attest:

Judy Wild, City Clerk

1/26/16

Comments

No comments on this item Please log in to comment by clicking here