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))