The intent of the Innovation Hub Floating Overlay Zone is to enable owners of large, contiguous, undeveloped or underdeveloped properties within the Innovation Hub's Urban Village zoning subdistrict to develop those properties in a coordinated way with an appropriate mix of clean industry and commerce, and supportive housing, retail, recreation, cultural and open space, in a single development on one lot or more than one lot. The goal is to foster developments that are both responsive to the marketplace and beneficial to the city by allowing developers to incorporate flexibility in their plans. The district is intended to promote a balanced combination of these uses to create dynamic and inclusive neighborhoods that enhance the economic vitality and livability of the city.

This zoning amendment is meant to work in concert with the overall goals and standards of the city's Comprehensive Plan, as amended to incorporate the North End Urban Plan (NEUP) and NEUP Design Guidelines.

Specific components of this intent are in concert with the specific components of the Innovation Hub and include:

• To allow for flexibility within a development from the underlying Innovation Hub's Urban Village subdistrict zoning requirements, including consideration of proposed uses, building height and parking limits. Off-site parking, as an alternative to onsite parking, may also be negotiated.

• To allow for a negotiated and coordinated development that is beneficial to both the developer and the community.

• To provide for mixed use development across contiguous parcels.

• To waive constraints if balanced by commensurate public benefit.

• To increase open spaces and public amenities.

Eligible Properties. Eligible properties shall be one or more parcels of land constituting a contiguous tract that is a minimum of sevety-five thousand (75,000) square feet, and located within the innovation Hub's Urban Village (UV) subdistrict.

(Ord. 2021-25, § 1, 9-8-2021)

All uses and development in the Floating Overlay Zone require a major land development plan approved by the planning board. All development shall be in substantial compliance with the approved land development project. Deviations from the approved land development project reviewed by the city council during the zoning map amendment shall require review and approval as outlined in Section 17.66.150.

(Ord. 2021-25, § 1, 9-8-2021)

A.

Permitted Uses. Permitted uses shall be all uses allowed by right or by special use permit within the Urban Village subdistrict, at the time of application for re-zoning, provided that the developer's specific proposed mix and orientation of development is approved by the city council subsequent to recommendation by the planning board. These uses shall be in accordance with an approved land development project.

Uses may be vertically or horizontally integrated, and may be sited across multiple lots as contiguous uses under common occupancy. The floor area of buildings may be used for more than one permitted use. When approving a land development project, the mix of proposed uses and the percentage distribution of each use throughout the project area shall be considered.

(Ord. 2021-25, § 1, 9-8-2021)

The dimensions of the site and relationship of elements throughout the project area are designated in the approved land development project plan. The density, building heights, building setbacks, lot coverage, driveway and street design, parking requirements, off-site parking, landscaping, buffers and any other relevant component of the development shall be generally consistent with the NEUP Design Guidelines, as incorporated in the 2017 Comprehensive Plan.

(Ord. 2021-25, § 1, 9-8-2021)

Lot area is designated in the approved land development project plan, and lot boundaries may coincide with structure boundaries.

An individual lot for each structure is not required, but may be provided at the developer's option. There shall be no requirement that lots front on a street; adequate and permanent physical access may be provided through rights-of-way through other portions of the development.

(Ord. 2021-25, § 1, 9-8-2021)

Front, side and rear setbacks are designated in the approved land development plan, with the following stipulation.

A.

Structures on lots abutting residential zoning districts shall maintain a minimum setback of ten feet from the abutting residential districts.

(Ord. 2021-25, § 1, 9-8-2021)

Lot building coverage is designated in the approved land development project plan.

(Ord. 2021-25, § 1, 9-8-2021)

The building height limitation shall be sixty-five (65) feet. Up to ninety (90) feet may be approved provided there is commensurate benefit to the community and no substantial adverse impact on viewsheds or neighboring properties. Views of Miantonomi Tower, Narragansett Bay, or other important vistas shall be protected, and shadows on neighboring areas avoided. All development projects shall maintain view corridors from surrounding neighborhoods to the waterfront, if possible.

(Ord. 2021-25, § 1, 9-8-2021)

All applicants for development shall comply with Section 17.65.100.J.

(Ord. 2021-25, § 1, 9-8-2021; Ord. No. 2022-13, § 3, 5-11-2022)

Development in the Innovation Hub Floating Overlay Zone is exempt from development plan review, as outlined in Chapter 17.88 of this title.

(Ord. 2021-25, § 1, 9-8-2021)

The following shall be the minimum development standards for all developments within an IHF Overlay Zone. The development standards as set forth in Chapter 17.100 of this chapter shall not apply within an IHF Overlay Zone. Improvements shall be made in accordance with the NEUP Design Guidelines, as approved and incorporated into the Comprehensive Plan.

Waivers from the requirements of development standards or from subdivision and land development regulations may be granted by the planning board as may be reasonable where the literal enforcement of the provisions of the regulations is impracticable, will exact undue hardship or when such waiver is in the interest of good planning and/or design and consistent with the Comprehensive Plan.

A.

Architecture and Site Design. Newport is an international destination renowned for its sense of place. The Innovation Hub is a coordinated, community-driven effort to create a 21 ^st century neighborhood to drive Newport's future economic growth. The Innovation Hub Floating Overlay Zone provides flexible development opportunities within this zone. Architects hold an elevated role in achieving this vision. Project architects shall feature prominently in shaping the overall design of a development and presenting it to the city for review. Conversations regarding other design elements will rely on the project architect's expertise, as well, in establishing a unified design that achieves the goals of this section, chapter, and the NEUP. Designs shall show awareness of Newport's incredible legacy of architectural achievement without being overly referential to community motifs inconsistent with the goals of this section, chapter, and the NEUP.

Architects within the community are design experts in their own right, however critiques of proposed developments' design, provided as public comment on a project under review offered as expert testimony, should focus on the design's achievement of the goals of this section, chapter, and the NEUP. All architectural designs presented in a land development project shall be in accordance with these goals and shall be subject to review and approval by the planning board, to ensure an elevated standard of building, site and landscape design.

Developments shall be designed in accordance with the NEUP and the NEUP Design Guidelines and encourage a density of buildings and activities, fluid mobility, and discourage sprawling low-rise development with an emphasis on parking.

The development shall:

1.

Provide an outstanding standard of building, site and landscape design.

2.

Site buildings close to a street edge.

3.

Provide for active and public uses on the ground floor, with windows that provide adequate and appropriate visual access to the interior commercial and activity areas.

4.

Provide for parking away from the street, to the interior of the site.

5.

Utilize shared parking whenever possible to reduce the number of parking spaces and impervious surface.

6.

Incorporate low impact development site practices, even on higher elevation sites, to reduce stormwater runoff and improve water quality.

7.

Incorporate complete streets and multimodal transportation options, with emphasis on the pedestrian experience.

8.

Comply with Newport Code of Ordinances Section 12.04.050 Green and Complete Streets effective upon passage of this section.

9.

Wherever reasonably possible include green features and/or green spaces, such as:

(i)

A "park," meaning a natural preserve available for unstructured recreation, with its landscape consisting of paths and trails, meadows, waterbodies, woodlands, and/or open shelters, all naturalistically disposed, and may be lineal, following the trajectories of natural corridors;

(ii)

A "green," meaning an open green space available for unstructured recreation consisting of lawn and trees, naturalistically disposed;

(iii)

A "square," meaning an open green space available for unstructured recreation and civic purposes with its landscape consisting of paths, lawns, and trees, formally disposed;

(iv)

A "plaza," meaning an open space available for civic purposes with its landscape consisting of pavement or stone work, with trees being optional, preferably located at the intersection of important streets;

(v)

A "playground," meaning an open green space designed and equipped for the recreation of children which shall be fenced and may include an open shelter.

B.

Parking. All developments shall sufficiently and safely meet internal parking and loading needs. This shall be confirmed by a licensed professional engineer experienced in traffic circulation and smart growth, and accreditation in new urbanism is highly recommended.

If, in the course of operations, the city deems additional parking to be necessary to preserve the safety and flow of traffic in the area, additional parking shall be provided to meet this requirement. The development may provide parking to offsite development, or rely on offsite parking, provided sufficient alternative transportation infrastructure or safe pedestrian access between the sites is provided. Parking areas shall be located within reasonable proximity to the uses they are intended to serve. Parking spaces may not front any street.

Surface parking for more than seventy-five (75) cars within the project area is prohibited, unless approved as a component of the approved land development project plan.

Sufficient electric vehicle charging spaces shall be provided.

All developments shall provide safe and accessible parking areas for bicycles and other two wheeled vehicles

C.

Open Space. All developments in the IHF Overlay Zone shall include provisions for a minimum of five percent of the lot area or parcel area for publicly accessible open space. Where open space is required, it shall be owned in accordance with the provisions of RIGL 45-24-47(d). If the open space is privately owned, a restriction shall be recorded that the land will be kept in the authorized condition and shall not built upon.

Off-site Aggregation of Open Space. The open space requirement may be met by providing for the required space off-site if and only if the planning board makes an affirmative finding that the off-site location creates greater public value than reasonable on-site options.

D.

Workforce Housing. Any request for dimensional relief that directly or indirectly accommodates an increase in workforce housing units shall be considered in the following context:

(1)

Displacement is a hardship more than a mere inconvenience.

(2)

The cost to create income limited housing units is a hardship more than a mere inconvenience.

(3)

The creation of income limited housing is not primarily for financial gain.

(4)

Dimensional relief that accommodates an increase in workforce housing units without imposing material negative externalities on immediate abutters may qualify as the least.

(Ord. 2021-25, § 1, 9-8-2021; Ord. No. 2022-13, § 3, 5-11-2022)

The parcel proposed for rezoning to the IHF Overlay Zone must be located in the Urban Village zoning subdistrict and be at least seventy-five thousand (75,000) square feet in size.

The granting of approval of the IHF Overlay Zone consists of the following actions:

A.

Completion of the required pre-application conference with the administrative officer to the planning board;

B.

Application for land development project approval;

C.

Referral to technical review committee for report to planning board.

D.

Completion of a public meeting with notice provided according to the land development and subdivision regulations;

E.

An application for amendment to the zoning map that complies with all provisions for rezoning set forth in Sections 17.120.010, 17.66.120 and 17.66.130, as well as all other pertinent procedural and administrative city regulations.

F.

Referral of the zoning map amendment for review by and recommendations from the planning board;

G.

City council review and approval of the zoning map amendment.

(Ord. 2021-25, § 1, 9-8-2021)

A.

Fee Payment of the two thousand five hundred dollars ($2,500.00) application fee, plus costs incurred for advertising and notice requirements

B.

Narrative Outline. The applicant shall provide a statement of how the purpose and intent of this chapter will be achieved by the project, including additional graphics of the character of the development. This narrative shall include:

1.

Consistency with the Comprehensive Plan;

2.

Consideration of each of the applicable purposes of zoning, as outlined in Section 17.04.020;

3.

Information on the natural and built features of the surrounding neighborhood, existing natural and man-made conditions of the development site, including environmental conditions, topographic features, subsurface conditions, the location and results of percolation tests, groundwater elevation determinations, statements of subsoil conditions; the freshwater wetland and coastal zone boundaries, and the floodplains; and,

4.

Proposed terms of the community benefits agreement

C.

Background Report Requirements. The following reports may also be requested by the administrative officer to the planning board or the permitting authorities.

1.

Traffic Impact Study and Mitigation Elements. For any proposed use that will generate fifty (50) or more added (new) vehicle trips per hour during the adjacent roadway's peak hour or the development's peak hour according to the latest edition of the Institute of Transportation Engineers Trip Generation Handbook, or would require parking or provides parking for more than twenty (20) vehicles, a traffic impact study shall be submitted to the interdepartmental traffic committee for their review and comment prior to review by other city officials. Such study shall be conducted by a licensed professional engineer selected by the city at the expense of the applicant. If negative traffic impacts are revealed, the permitting authority may deny the application if they deem such impacts significantly impacting the public safety or may apply conditions to mitigate the impacts, including without limitation, such standard practices as the provision of alternative transportation, off-site roadway, and signalization improvements. The applicant may retain its own traffic engineer to develop their own analysis or analyze the city's analysis.

2.

City Services Analysis. A study shall be submitted outlining the proposed development's impact on existing public facilities, such as the roadway network, sewers, solid waste, electricity, telecommunications, water facilities, school system, recreation, and police and fire services. Such study shall be conducted by a consultant experienced in city services analysis and smart growth strategies and standards. The consultant to perform the city services analysis study shall be selected by the City of Newport at the expense of the applicant. Impacts may be required to be offset by the permitting authority.

3.

Market Analysis Study. A market study shall be submitted demonstrating the area market demand for the proposed uses identified in Section 17.66.020, as well as the impact of proposed uses on existing similar facilities in the city. Such study shall be conducted by a consultant experienced in market analysis and smart growth strategies and standards. The consultant to perform the market analysis study shall be selected by the City of Newport at the expense of the applicant.

4.

Carbon Consumption Study. A study shall be submitted estimating the proposed development's carbon emissions during construction and operations. Such study shall be conducted by a consultant experienced in carbon consumption analysis and smart growth strategies and standards. The consultant's report shall flag any other substantial negative environmental impacts. The consultant to perform the market analysis study shall be selected by the City of Newport at the expense of the applicant. Impacts may be required to be offset by the permitting authority.

5.

Community Impact Study—see Section 17.66.070.

(Ord. 2021-25, § 1, 9-8-2021)

A.

Approval. After review and receipt of recommendations from the planning board, city council approval of the zoning map change shall include approval of the community benefit agreement, if applicable. This approval shall bind the developer to construction of the development in substantial conformance with the elements of the approved land development project plan and the terms of the community benefit agreement, if applicable. Failure to abide by either of these requirements shall be considered a violation of this chapter as outlined in Section 17.112,080.

This approval shall not hereafter supersede the land development and subdivision approval process, RIGL 45-23, or mapped streets. Chapter 12.04.

B.

A formal long-term plan with specific methods to monitor conformity with the approved project terms and commitments is to be made part of the terms of each floating zone.

C.

Denial. City Council denial of the zoning map change application shall be binding in accordance with the provisions of Chapter 45-24 of the General Laws of Rhode Island.

(Ord. 2021-25, § 1, 9-8-2021)

Subsequent to city council approval of the zoning map change, alterations to the development may be made.

A.

Minor Alterations. Alterations may be authorized by the planning board and shall be limited to those that may be defined as minor in nature. Minor alterations are those that result in little or no significant impact on surrounding properties or on the safe and efficient flow of traffic through nearby city roadways. For a proposed alteration to be deemed "minor" in nature, it shall meet one or more of the following conditions. The proposed alteration shall:

1.

Alter the land use mix of the development by a cumulative total of less than ten percent in any use;

2.

Decrease the overall density of the development by up to twenty-five (25) percent;

3.

Allow minor reorientation of one or more points of access, the internal roadway network and/or the parking, made necessary due to actions taken by the city or state subsequent to the approval date of the zoning map change;

4.

Allow minor changes in location, orientation and/or design of parking facilities, provided such changes do not alter the total number of parking spaces;

5.

Allow minor changes in building location made necessary by previously unforeseen natural conditions;

6.

Allow changes in landscaping materials, lighting plan, and siting of pedestrian and accessory facilities as made necessary by other approved alterations; and/or

7.

Allow other site design modifications that would not substantially alter the character of the development.

B.

Major Alterations. Alterations that would substantially alter the final character of the development shall be deemed a major alteration proposal. Any alterations that do not meet the criteria for a minor alteration shall necessitate a zoning amendment. Additionally, any proposal requesting one or more of the following alterations to the development shall be considered a zoning amendment:

1.

Construction of additional structures for anything other than ancillary uses;

2.

Introduction of a use;

3.

A change in use proposed for any structure directly adjacent to or abutting a residential structure;

4.

Any excavation, filling or other alteration of the property's natural systems not previously approved in a zoning amendment;

5.

Any addition or deletion of vehicular access points and parking areas or significant reorientation of the internal roadway network of the site;

6.

Any change in the phasing plan of the development, including size, boundaries and timing of construction of one or more sections of the development.

(Ord. 2021-25, § 1, 9-8-2021)