Mixed-use development is provided as an option for development in the General Business (GB) and Limited Business (LB) Zoning Districts in order to:

   (A)   Preserve open land and community character while permitting appropriate development of mixed-use projects in the General Business and Limited Business Districts;

   (B)   Encourage traditional architecture and historical village settlement patterns which are well integrated into the existing community, while avoiding the creation of large-scale shopping centers, business, or industrial parks having little or no relation to each other or to the surrounding community;

   (C)   Promote pedestrian friendly environments which provide both a safe walking atmosphere and a logical connection of destinations within and adjacent to the development;

   (D)   Provide for compatible mixed- uses and development densities, including limited residential, commercial, office, institutional, and agricultural, as well as recreation and open space;

   (E)   Provide areas for economic development in the community and allow for creative development of businesses that serve the residents of the district and surrounding areas, and reduce the demand upon the automobile for access to business;

   (F)   Preserve, create, or enhance the scenic roadside view from major arterial roads of the town, and where applicable preserve and enhance scenic water views; and

   (G)   Encourage development of residential uses, including those that meet the needs of the community as expressed in the Middletown Affordable Housing Action Plan, but which have limited adverse impact on the town's ability to provide necessary facilities and services.

(Ord. 2018-16, passed 9-4-18)

   The development of a mixed-use project under the provisions of this subchapter is optional. The provisions of this subchapter shall apply to all proposed mixed-use developments in the General Business (GB) and Limited Business (LB) Zoning Districts, except for those developments proposed in accordance with § 719 of this chapter that do not include more than one mixed-use building, and which do not include more than three residential dwelling units.

(Ord. 2018-16, passed 9-4-18)

   (A)   No building permit shall be granted for construction of any mixed-use structure or project that is subject to the provisions of this section until final approval has been granted for a land development project by the Planning Board and recorded in the land evidence records, except as follows. Small-scale projects, independently developed in accordance with an approved mixed-use project master plan shall be encouraged. Therefore, where master plan approval has been granted for a phased project, preliminary approval and final plan approval may be granted at the discretion of the Planning Board for an individual phase or phases, and construction may commence on that phase or phases independent of other phases.

   (B)   Mixed-use development shall be reviewed and approved by the Planning Board in accordance with the procedures set forth in the Middletown Rules and Regulations Regarding the Subdivision and Development of Land (Regulations) for a major land development project, including potential referral to the Technical Review Committee, and is also subject to review under the development plan review process as provided for in this subchapter and in accordance with procedures and standards set forth in the Regulations and as further provided herein.

   (C)   Any development approved under this subchapter that then seeks approval for expansion of, or a change in the distribution of percentage of types of use(s) of existing or proposed buildings shall be reviewed as a new development.

   (D)   Pursuant to R.I. Gen. Laws § 45-22-7(c), for development applications being reviewed under the provisions of this section, the Planning Board shall have the authority to grant special use permits and variances as may be requested in relation to the requirements of this chapter subject to the required procedures and findings contained in § 902 Special Use Permit, and § 903 Variances.

(Ord. 2018-16, passed 9-4-18)

   For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

(Ord. 2018-16, passed 9-4-18)

      (1)   All uses under the extractive and industrial non-manufacturing heading;

      (2)   All uses under the manufacturing heading;

      (3)   All uses under the transportation, communication, and utilities heading;

      (4)   All uses under the commercial outdoor recreation heading, except conservation lands, bird sanctuaries, wildlife preserves, and public and private parks;

      (5)   All uses under the governmental, educational, and institutional on privately owned land heading;

      (6)   Livestock farms;

      (7)   Offices of veterinarians and animal hospitals;

      (8)   Offices of veterinarians and animal hospitals, including indoor boarding of dogs, cats, and other fur-bearing animals;

      (9)   Licensed kennels for the raising, boarding and care of dogs, cats, and other fur-bearing animals;

      (10)   Single-family and two-family dwellings;

      (11)   Institutional dormitory;

      (12)   Wholesale distribution;

      (13)   Lumber, building materials, heavy equipment, plumbing, electrical supply, and service;

      (14)   Auto dealers, trailers, tire, battery, access, and dealers;

      (15)   Gasoline service station;

      (16)   Gasoline station with convenience store;

      (17)   Boat sales, including trailers;

      (18)   Large-scale shopping center;

      (19)   Supermarkets;

      (20)   Convenience stores with fueling pumps;

      (21)   Lunchroom or restaurant with drive-thru or drive-in service (with or without alcoholic beverages);

      (22)   Retail outlet for wholesale, storage, or manufacturing use;

      (23)   Funeral home;

      (24)   Crematorium;

      (25)   Automotive repair, service and garages, vehicle body shop, and welding;

      (26)   Vehicle washing establishment;

      (27)   Vehicle or equipment rentals;

      (28)   Catering and food packaging;

      (29)   Bank or financial institution with drive-thru service;

      (30)   Bowling alleys, billiard, and pool parlors;

      (31)   Gymnasium, court games;

      (32)   Skating rinks; and

      (33)   Indoor roller blade and skateboarding facility.

      (1)   Commercial uses within a mixed-use development located in the Limited Business (LB) Zoning District shall limit hours of operation to 6:00 a.m. to 8:00 p.m., except that hours of operations for restaurants in Limited Business (LB) Districts shall be limited to 6:00 a.m. to 10:00 p.m.

      (2)   Commercial uses within a mixed-use development located in the General Business (GB) Zoning District shall limit hours of operation to 5:00 a.m. to 11:00 p.m.

      (3)   For purposes of applying the town's noise regulations, § 130.75 et seq., mixed-use developments shall comply with the maximum permissible sound levels allowed in a residential zoning district.

      (4)   Dumpsters within a mixed-use development shall not be emptied between the hours of 10:00 p.m. and 7:00 a.m.

      (1)   Retail commercial uses shall be limited to no more than 35% of gross leasable floor area (hereinafter referred to as “GLFA").

      (2)   A minimum of 25% and maximum of 60% of the GLFA of the proposed development shall be dedicated to residential uses, not including hotel, motel, or other transient use.

      (3)   Consistent with § 521.3 of the Regulations, at least 25% of the master plan's developable land area shall be dedicated to landscaped areas. These areas may consist of plazas, lawns, gardens, or vegetated buffer areas, and may include picnic areas, playgrounds, and/or playing fields.

   (F)   Commercial. Commercial uses consistent with the desired character of the district, such as small-scale retail and office, shall be permitted. Where applicable, the development standards of Article 14 Motels and Hotels, or Article 18 Shopping Centers, shall be met. Where there is a conflict between the requirements of this subchapter and those of Article 14 Motels and Hotels, or Article 18 Shopping Centers, the provisions of this subchapter shall control.

      In addition to the landscaped areas required by this chapter and the Regulations, the developer has the option of dedicating a portion of the property for open space uses. Such dedication might entitle the developer to certain incentives subject to the provisions below.

         (a)   The town (if it is accepted for park, open space, agricultural, or municipal use);

         (b)   A nonprofit organization, the principal purpose of which is the conservation of open space;

         (c)   A corporation, trust, or association owned or to be owned by the owners of lots or units within the development in common, based on percentage as outlined in covenants; or

         (d)   Land in agricultural use at the date of adoption of this subchapter may remain in private agricultural use, provided that a conservation easement to preserve such agricultural use shall be conveyed to one of the entities set forth in divisions (a) and (b) above.

         (a)   Agricultural use, including farming or growing crops and nursery stock;

         (b)   Conservation and passive recreation areas;

         (c)   Pedestrian friendly parks, plazas, town green, village commons, and the like, designed to include such features as benches, tables, playground equipment, sidewalks, lighting and landscaping;

         (d)   Stormwater treatment best management practices (BMP), provided, however, that they occupy no more than 10% of the open space;

         (e)   Active outdoor recreation to fulfill the community's needs for such facilities as identified by the town, and meet the need created by the residential development component of the project;

         (f)   Buffer areas between development and adjacent property; or

         (g)   Underground utilities.

(Ord. 2018-16, passed 9-4-18; Am. Ord. 2021-22, passed 12-20-21)

   (A)   Density in the mixed-use development project shall be regulated by net density as well as by the dimensional standards set forth herein. Where there is conflict between this subchapter and the provisions of § 603 Schedule of District Dimensional Regulations, the provisions of this subchapter shall control. Density shall be based on the total developable land area within the master plan area. Maximum building lot coverage shall be 35%.

   (B)   Residential density limits. Residential density is determined by the number of total dwelling units, and the bedroom configuration of such units, within the overall land development project area, including land dedicated for open space. Rooming units shall include hotel, motel, and other transient residential use units, as well as residential care and assisted living facility units. For the purposes of this section, bedroom shall be defined consistent with § 1504(B) of this chapter. Residential density shall not exceed the following:

 

 

(Ord. 2018-16, passed 9-4-18)

   The allowed mix of uses may be modified as follows if certain public amenities or affordable housing are provided.

   (A)   The maximum allowed GLFA dedicated to residential use, not including hotel or motel uses, may be increased up to 75% if a minimum of 10% of the proposed residential units are affordable, meeting the definition of "low or moderate income housing" as defined in this chapter and in the Low and Moderate Income Housing Act, R.I. Gen. Laws § 45-53.

   (B)   The maximum allowed GLFA dedicated to retail commercial use may be increased up to 50% if a minimum 25% of developable land area of the parcel(s) is conserved open space for use as a public park, agriculture, or natural open space. Such open space land shall consist of parcels at least one acre in size and shall be subject to a conservation easement.

   (C)   Where the proposed project or portion of a project obtains certification in a recognized green building program the project may take advantage of a property tax incentive as follows in addition to any tax incentives than may apply to the project under the town's economic development incentive program, Chapter 39. Such tax incentives will take effect upon the issuance of a certificate of occupancy and demonstrable proof of qualifying certification subject to the approval of the Tax Assessor. The abatement shall apply only to the building tax assessment for those buildings earning certification.

 

 

(Ord. 2018-16, passed 9-4-18)

   In addition to the design standards contained in Article 5 of the Regulations, the following standards shall apply to new mixed-use development projects.

      (1)   Shared parking arrangements may be permitted by the Planning Board for different uses which have different hours, days, and/or seasons of peak parking demand.

         (b)   The Board may require written easements or other assurances as may be required to enforce shared parking arrangements.

         (c)   In the event of a proposed change in use of one or more of the uses subject to the shared parking arrangement, the property owner must first submit documentation demonstrating that the subject uses would continue to be non-competing, or provisions must be made to ensure that adequate parking is provided for all uses, subject to the approval of the Planning Board prior to any change in use.

      (2)   On-street parking may be permitted by the Planning Board for any internal roads within the development. In permitting on-street parking, the Board may require roadway construction standards, including pavement width, which may be reasonably necessary to accommodate on-street parking. If permitted, the number of on-street spaces may be added to the number of off-street spaces for the purpose of calculating minimum parking requirements. The Board may impose conditions required in order to guarantee that on-street parking spaces remain available for parking in the future.

      (1)   The design of proposed access, street layouts, and impacts on adjacent public roads, traffic control, existing traffic conditions, and projected traffic generation shall be reviewed by the Planning Board. Common driveways and shared access that serves more than one property are encouraged. Roads within a mixed-use development project shall be constructed to the standards for roads established by the Town of Middletown Rules and Regulations Regarding the Subdivision and Development of Land. An application may be denied by the Board if the proposal is demonstrated to create a hazardous condition when the traffic to be generated together with existing traffic conditions will adversely impact the safety of the general public.

      (3)   Pedestrian circulation. As part of its review the Planning Board shall ensure that adequate, safe and attractive pedestrian and/or bicycle circulation is provided. A sidewalk network shall be provided throughout the development that interconnects all dwelling units, non-residential uses, and common open spaces, and with major activity centers within and adjacent to the development. The Board may require construction of on-site or off-site sidewalks, footpaths, or bicycle paths. Access to off-site areas is required, particularly to permit pedestrian and/or bicycle access to the existing retail areas on arterial roads.

         (a)   To the extent practical, subject to site conditions, street layout shall be designed in a traditional street grid pattern.

         (b)   Intersections shall be at right angles whenever possible, but in no case less than 75 degrees.

         (d)   Roundabouts are allowed as applicable.

      (1)   Signage plan. The Planning Board shall require the submission of a comprehensive signage plan for all uses, individual buildings, or complex of buildings and uses as part of its review. The signage plan shall include conceptual drawings and supporting information describing the proposed signage for all major buildings and uses, including entrance signs, directional signs, and the like. The Board may approve, approve with conditions, or deny such plan as required to achieve consistency with the purposes of this subchapter and the Commercial Design Regulations.

      (1)   No new principal building shall be located within 100 feet of an existing residential building on abutting property or 50 feet of a residentially zoned lot.

      (2)   The area within the required setbacks shall be devoted to a landscaped or natural buffer zone.

      (3)   TThe maximum height of any building shall be as set forth in § 603 of this chapter.

      (4)   The minimum building front yard setback from public or private roads within and part of the internal roadway system for the development plan area shall be five feet, except that where a minimum five foot planting strip between the sidewalk and roadway are provided, the building setback may be zero feet. The maximum building setback shall be 50 feet. In the case of a private roadway or driveway internal to the development, front setback shall be measured from the edge of the sidewalk.

      (5)   The minimum side or rear yard setback within the development plan area shall be ten feet, provided, however, that irrespective of lot lines, the minimum separation of buildings shall be 20 feet.

      (6)   The maximum footprint per building shall be as set forth in § 605 of this chapter.

(Ord. 2018-16, passed 9-4-18; Am. Ord. 2021-22, passed 12-20-21)