Cranston City Zoning Code
Chapter
17.100 MPD MIXED USE PLANNED DISTRICTS
§ 17.100.010 Permitted uses.
All uses allowed by right or by special exception at the time
of application within the city, provided that the mix and orientation
of developments is approved by the city council subsequent to recommendation
by the city planning commission.
(Prior code § 30-34(a))
§ 17.100.020 Development standards.
The following shall be the minimum standards for all MPDs. Where
deemed necessary, the city council may impose stricter standards in
order to serve the objectives of this chapter.
A.
Frontage
and Setbacks. Requirements for frontage and setbacks within the site
shall be determined by the city council subsequent to planning commission
recommendation with the following stipulation: The front yard requirements
of the underlying zone shall apply where the boundary of the proposed
MPD abuts an existing public street or any street intended to be dedicated
to the city. These restrictions shall not apply to an existing public
street where the developer can secure city approval to abandon said
street prior to construction of the phase(s) or section(s) within
which the street is located.
1.
Minimum Lot Requirements. An individual lot for each structure is
not required, but may be provided at the developer's option. There
is no minimum area requirement and lot boundaries may coincide with
structure boundaries. If individual lots are provided, there shall
be no requirement that the lot front on a street except as provided
for above.
B.
Maximum
Coverage. Maximum coverage for all MPDs shall be sixty (60) percent
with the following exception:
1.
Areas designated on the final overall district plan for single-family
dwelling units shall be limited to thirty-five (35) percent maximum
lot coverage.
2.
Density shall be approved or rejected on the basis of intensity of
uses expressed by floor area ratios (FAR). The relationship between
uses and overall area ratio allowable shall be related to the character
of the proposal and its impact on the surrounding environment and
city facilities. The city council, subsequent to planning commission
recommendation, shall have the right to impose density limitations.
In all cases, the burden of proof shall be on the applicant to show
that existing or proposed facilities can support the requested additional
impact of the proposed development.
C.
Building
Height. The height limitation of the underlying zone shall apply except:
1.
Where, based on the overall district plan and the existing surrounding
development, the city council, subsequent to planning commission recommendation,
deems the height limitation of the underlying zone either excessively
or insufficiently restrictive. In such cases, the height limitation
of the underlying zone may be waived or further restricted.
D.
Building
Spacing. The minimum distance between buildings shall be twenty-five
(25) feet except where the lot boundary coincides with the structural
boundary, in which case, an approved firewall shall be provided. Single
and two-family dwelling structures shall be exempt from this requirement.
E.
Drainage. All MPDs shall provide for the adequate drainage of all surface waters in accordance with Chapter 15.28 of the code. Any drainage facility shall conduct water to an approved location and in a manner approved by the director of public works.
F.
Buffers.
All applications for MPD zoning shall show, on the site plan, a fifty
(50) foot buffer strip at the perimeter of the property. Location
of structures is prohibited in this area and landscaping is required
with the following exceptions:
1.
Where the proposed land use is sufficiently similar to the surrounding land uses, the setback requirements set forth in Section 17.20.120 shall prevail. In such case, a fifty (50) foot buffer strip shall be provided on the site where this land use abuts another which is distinctly different.
2.
Where an existing building is located within fifty (50) feet of the
property boundary, but is specifically planned for renovation and
reuse in the ODP.
3.
Where a particular part of the property is planned for development conforming with the requirements of Section 17.20.120 including existing streets or streets which are planned to be deeded to the city upon completion.
4.
Where provision of a fifty (50) foot buffer would not further the
goals of creating a harmonious and integrated development, the city
council may, subsequent to planning commission recommendation, reduce
or waive this requirement.
G.
Landscaping.
Appropriate landscaping shall be provided in all MPDs. Wherever practicable
preservation of the existing vegetation and such unique features as
stone walls is encouraged. Additional screening for aesthetic purposes
or noise reduction may also be required.
2.
Parking Lots. Off-street parking areas of five thousand (5,000) square
feet or more shall be landscaped in accordance with the following
minimum requirements:
a.
Trees. Shall be provided at the ends of each parking row and at one
hundred fifty (150) foot intervals within each row. The minimum caliper
of each tree shall be three inches with a minimum clear trunk of five
feet to the first branch. All required trees shall be at least twelve
(12) feet in overall height when planted. All required trees shall
be thornless honey locust, pin oak or an approved equal of a deciduous
variety. All planting areas containing trees shall be curbed and have
a minimum width of four feet.
3.
Guarantee. The developer shall guarantee all introduced vegetation
through one full winter and shall replace any and all plantings determined
by the building inspector to be dead or irreversibly damaged.
H.
Parking and Loading. The off-street parking and loading requirements of Sections 17.64.010 and 17.68.010 shall apply with the following exception:
1.
Where the applicant can document differing parking schedules of two
or more closely sited land uses, the city council, subsequent to planning
commission recommendation, may relax the parking requirements in the
MPD to allow for shared parking facilities among those uses shown
to have most of their parking need at significantly different times
of the day or week. In such cases, the parking requirement during
the overlap hours must be satisfied.
Parking areas must be located within reasonable proximity to
the uses they are intended to serve.
(Prior code § 30-34(b))
§ 17.100.030 Administration.
The granting of approval of a mixed-use planned district constitutes
two actions:
A.
An amendment to the zoning map which must comply with all provisions for rezoning set forth in Section 13.05 of the charter and Section 17.120.040 of the code as well as all other pertinent procedural and administrative city regulations.
B.
City
council approval of the final overall district plan.
(Prior code § 30-34(c))
§ 17.100.040 Rezoning procedure.
A.
Preapplication
Conference. The applicant shall request that the city planning department
arrange a pre-application conference with representatives of the planning
department, building inspections office and city engineer's office
prior to submission of a request for rezoning to MPD. The applicant
shall submit a preliminary sketch or description of the MPD proposal
at the time of the request for the preapplication conference. The
city planning director may also notify other city departments or agencies
deemed appropriate at the time, date and location of said conference.
The purpose of the preapplication conference is for the applicant
and city officials to review the preliminary overall district plan;
its land use components, development phasing, unique features, public
benefits, covenants, easements and potential impacts on the surrounding
neighborhood areas. This conference shall be conducted as a work session
with the main objective being refinement of the overall district plan.
Within twenty-one (21) days after the conference, the city planning
department shall provide the applicant with a written summary of the
meeting, including recommendations designed to inform and assist the
applicant in the preparation of the final overall district plan.
B.
Overall
District Plan Contents. The applicant is required to present the preliminary
overall district plan at the pre-application conference. General requirements
of this plan are noted under Section 17.100.040(B)(l) below. General
requirements of the final ODP plan include all items noted under Section
17.100.040(B)(l), (2) and (3) below.
1.
Site Plan. The applicant shall provide a proposed site plan for the
entire development project, whether or not intended for phased construction,
showing:
a.
Name of project, name of owner, name of the engineer or surveyor,
date, north point and scale. Recommended scale is forty (40) feet
per inch. If it is more convenient to the developer, project plans
may be drawn to the scales of ten (10), twenty (20), thirty (30),
fifty (50), sixty (60), eighty (80) or one hundred (100) feet per
inch;
b.
Boundary lines;
c.
Lots. Lot lines, approximate dimensions, approximate area and lot
numbers;
d.
Existing and Proposed Streets. Location, name and right-of-way widths
for streets on entire tract and on abutting property; point of access
to the MPDs parking and loading areas; and text defining proposed
ownership of streets and parking areas;
e.
Utilities. Location and size of existing water and sewer lines on
plat and on adjacent property; proposed utility extensions; text defining
ownership and maintenance plans.
f.
Existing and Proposed Easements. Location, width and purpose;
g.
Topography. Contours at intervals no greater than five feet; the
planning director may require contours at intervals of two feet if
conditions are such as to make such detail necessary;
h.
Surface Water. The location of any lakes or ponds, watercourses or
swamp areas and the proposed drainage pattern; if any portion of the
proposed development is located within a flood hazard area as identified
by the Federal Emergency Management Agency's "Flood Insurance Rate
Map" and "Flood Boundary and Floodway Map", November, 1984, as may
be amended, base flood elevation data shall be provided;
i.
Subsurface Conditions. Except on a plat to be served by a public
water or public sewer system, the location and results of percolation
tests, ground water elevation determinations and statements of subsoil
conditions shall be performed at the expense of the developer;
j.
Other Conditions. The location of rock outcrop, wooded areas, existing
structures, embankments or retaining walls, railroads, power lines
and significant physical features on the plat and on adjacent land
that may have an influence on the development of the plat;
k.
Public Land. Parcels of land, if any, proposed to be dedicated for
public use;
l.
Zoning. Existing zoning on proposed plat and on all abutting properties;
m.
Names and addresses of property owners within four hundred (400)
feet of applicant's property boundaries;
n.
Professional Registration. The stamp of a registered engineer or
land surveyor. All ODPs and phase plans shall be prepared by a registered
engineer or land surveyor.
o.
Location and Orientation of All Structures and Their Proposed Uses.
Said uses shall be identified in gross square footage of floor area
for the following categories:
i.
Commercial retail sales;
ii.
Commercial office;
iii.
Other commercial services; eating and drinking establishments,
hotels, motels, banks, barber shops, beauty shops, tailors, health
clubs, etc.;
iv.
Heavy commercial/industrial;
v.
Residential (residential uses shall be identified in gross square
footage for multi-family developments and in gross acreage for single-family
developments).
p.
Proposed location and treatment of any public or private common areas
or structures including open spaces, park or recreation areas. Applicant
shall include a statement addressing long term maintenance of such
areas.
q.
The general treatment proposed for the periphery of the site, including
the approximate amount, location and type of buffering and/or landscaping
and lighting proposed.
r.
The boundaries of each proposed construction phase or section, if
appropriate.
2.
Statement of Purpose. The applicant shall provide a statement of
how the purpose and intent of this chapter will be achieved by the
proposed MPD possibly including additional graphics of the proposed
character of the development, a description of how the MPD will relate
to surrounding land uses and an analysis of the proposed development's
impact on existing public facilities such as the roadway network,
sewers, water facilities, school system, police and fire services.
3.
Narrative Outline. The applicant shall provide a narrative outline
of the proposed MPD stating:
a.
Land use allocation, by type in the following land use categories:
b.
A statement of how necessary services will be provided and whether
said services will be publicly or privately owned and operated.
c.
If the MPD is proposed for phased development, a description and
timing plan for individual phases.
d.
The beneficial aspects of the proposed site layout, including a description
of any land proposed for open spaces, park or recreation areas.
C.
Rezoning.
Following the preapplication conference, and subsequent to receipt
of the planning department's recommendation report, the applicant
may initiate the application phase for rezoning the subject property
to MPD. The applicant shall submit the required documents for a zone
change to the city clerk accompanied by a revised overall district
plan, complete with graphic and narrative explanation of all alterations
made subsequent to the preapplication conference. All standard procedures
relative to zone change applications and hearings, as established
and amended by the city council, shall be followed.
D.
City
Council Action.
1.
Approval. City council approval of the MPD application shall carry with it approval of the FODP. This approval shall bind the developer to construction of the development in substantial conformance with the elements of the FODP. This approval shall not hereafter supersede the city's subdivision approval process as specified in Section 13.06 of the charter. Whether of not subdivision is necessary, the applicant shall submit proper applications and documentation for approval by the planning commission for every phase or section of the FODP, as they are proposed for development.
2.
Rejection. City council rejection of the MPD application shall be
binding upon all facets of the application and ODP. All regulations
and options relevant to a typical zone change rejection apply.
E.
Alterations
Following MPD Approval. Subsequent to city council approval of the
MPD, certain alterations to the FODP may be made without requiring
further action by the city council. Such alterations may be authorized
by the planning commission and shall be limited to those which may
be defined as minor in nature. Such alterations shall result in little
or no significant impact on surrounding properties or on the safe
and efficient flow of traffic through nearby city roadways.
1.
Minor Alterations. For a proposed alteration to be deemed "minor"
in nature, it shall meet one or more of the following conditions.
The proposed alteration shall:
a.
Alter the land use mix of the approved ODP by a cumulative total
of less than ten (10) percent in any land use category defined in
subsection (B)(l)(o) of this section.
b.
Decrease the overall density of the ODP.
c.
Allow minor reorientation of one or more points of vehicular access,
the internal roadway network and/or the parking plan, made necessary
due to actions taken by the city or state subsequent to the approval
date of the FODP.
d.
Allow minor changes in location, orientation and/or design of parking
facilities, provided such changes do not decrease the total number
of parking spaces.
e.
Allow minor changes in building location made necessary by previously
unforeseen natural conditions.
f.
Allow changes in landscaping materials, lighting plan and siting
of pedestrian and accessory facilities as made necessary by other
approved alterations.
g.
Allow other site design modifications which would not substantially
alter the final character of the approved FODP.
2.
Major Alterations. Alterations which would substantially alter the
final character of the approved FODP shall be deemed "major" alterations.
Any proposal exceeding the limits identified in subsection (E)(1)
of this section for minor alterations shall be considered a major
alteration proposal. Additionally, any proposal requesting one or
more of the following alterations to the ODP shall be considered a
major alteration proposal.
a.
Construction of additional structures for residential, commercial
or industrial purposes;
b.
Introduction of a land use type not approved in the FODP;
c.
A change in land use type proposed for any structure directly adjacent
to or abutting a residential structure;
d.
Any excavation, filling or other alteration of the property' s natural
systems not previously approved in the FODP;
e.
Any addition or deletion of vehicular access points and parking areas
or significant reorientation of the internal roadway network of the
site;
f.
Any change in the phasing plan of the ODP, including size, boundaries
and timing of construction of one or more sections of the development.
All such alterations shall be requested through the same procedure
outlined herein for new projects. No major alteration shall be allowed
without the approval of the city council.
(Prior code § 30-34(d))