Legal Notice

Posted

LEGAL NOTICE

CITY OF WARWICK

ORDINANCE NO. O-18-18

APPROVED JOSEPH J. SOLOMON

November 27, 2018 MAYOR

CHAPTER ARTICLE

APPENDIX A

ZONING

AN ORDINANCE AMENDING

THE ZONING ORDINANCE

OF THE CITY OF WARWICK, BELLECASTLE REALTY, INC., PETITIONER

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of the City of Warwick and specifically Ordinances 0-98-23; 0-03-26; and 0-06-23are hereby amended replaced and superseded by changing the classification of the following described premises from Office PDR A-7 as modified by the above referenced ordinances to Office with a PDR overlay on certain areas of the parcel and modifications to the above referenced ordinances with waivers, restrictions, conditions and stipulations.

Lots 10 and 13 on Assessor’s Plat 257 as said plat appeared in the Tax Assessor’s office on December 31, 2017 is hereby changed from Office PDR A-7 as modified by the above referenced ordinances to Office with a PDR overlay on certain areas of the parcel and modifications to the above referenced ordinances with the following waivers, restrictions, conditions and stipulations. The Lots are set forth in the legal description and on the map attached hereto as Exhibit A and Exhibit B.

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

1. The underlying zone for the entirety of the Parcels is Office, and the PDR overlay is applied only to the sections of the Parcels identified as “PDR” on Exhibits A and B.

2. The petitioner shall be relieved from the literal requirements of Sec. 302, dimensional regulations, of the Warwick Zoning Ordinance by allowing a maximum building height for residential structures of 65 feet.

3. The petitioner shall be relieved from the literal requirements of Sec. 302, dimensional regulations, of the Warwick Zoning Ordinance by allowing a maximum building height for office buildings of 70 feet.

4. The petitioner shall be relieved from the literal requirements of Sec. 304.5, general provisions, of the Warwick Zoning Ordinance by allowing multiple uses on the Parcels, with the exception that future development in the PDR overlay area of the Parcels is limited to a single category of uses (i.e., residential uses or office uses) and the area designated as Office is limited to the uses outlined in item 10.

5. The petitioner shall be relieved from the literal requirements of Sec. 701.7, off-street parking, of the Warwick Zoning Ordinance by reducing the number of required parking spaces at the within the office zoned use area of the Parcels to 1 space per 212 square feet for a medical office use.

6. The petitioner shall be relieved from the literal requirements of Sec. 803.5(b), signage, of the Warwick Zoning Ordinance by allowing the erection of a temporary sign abutting Greenwich Avenue to the west, at the entrance of the property relative to the prospective rental or sale of the property, said sign to be no larger than 8’ by 8’ and no higher than 14’ and the erection of a temporary illuminated sign abutting Interstate 95 to the east, relative to the prospective rental or sale of the property, said sign to be no larger than 14’ by 48’ and no higher than 50’ above Interstate 95 elevation. Each sign is to be removed after a period of 36 months following erection, respectively.

a) Petitioner shall submit a plan for approval by the planning Administrative Officer to the Planning Board, to include specific structure details and proposed location for approval;

b) Once the sign layout and location is approved by the Administrative Officer, the sign may be installed for a period of one (1) year. The sign may be permitted for up to three (3) years from the date of administrative approval provided that the sign is reviewed and approved annually by the Administrative Officer;

c) Sign shall be exterior illuminated only. The use of interior illumination or motion graphics or text is prohibited.

7. A fifty foot (50’) buffer shall be maintained along the southern property line of the Parcels (the “Buffer”). No structures shall be erected within the Buffer except for a fence with steel posts erected approximately ten feet (10’) north of the southern property line of the Parcels (the “Fence”). Evergreen trees between the Fence and the southern property line of the Parcels shall be maintained by individual abutting property owners. The petitioner shall be allowed to maintain paving and/or a detention pond within twenty-five feet (25’) of the Buffer farthest from the southern property line of the Parcels.

8. No access to the Parcels is permitted from Northbridge Avenue.

9. Ancillary parking for Assessor’s Plat 265, Lots 18 and 21 (the Crowne Plaza Hotel) is permitted on the Parcels.

10. All uses outlined under use code 300 “Office Uses” and 414.1 “Outdoor recreation limited to driving range, miniature golf, pitch & putt, batting cages and/or little league baseball facilities” are permitted by right in the Office zone with exception that use codes 308 and 309 are limited to non-industrial type activities. In addition, retail uses ancillary to the permitted use are allowed on the Parcels.

11. All existing development at the Parcels is in conformance with prior applicable zoning including 0-98-23; 0-03-26; and/or 0-06-23.

Section II. Upon the effective date of this Ordinance, Ordinances 0-98-23, 0-03-26 and 0-06-23 are hereby repealed.

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

SPONSORED BY:

COUNCILMAN GALLUCCI

COMMITTEE: LAND USE

Attest:

Lyn Pagliarini, City Clerk

12/4/18

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