Legal Notice

Posted

LEGAL NOTICE

CITY OF WARWICK

ORDINANCE NO. O-19-2

APPROVED JOSEPH J. SOLOMON

March 21, 2019 MAYOR

CHAPTER ARTICLE

APPENDIX A

ZONING

AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE

CITY OF WARWICK

DT RETAIL PROPERTIES, LLC, SORDAM DEVELOPMENT, LLC &

EXPO REALTY, LLC, PETITIONERS

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 are hereby amended by changing the classification of the following described premises from General Business, Office and Residential A-7 to General Business.

Lot 44 on Assessor’s Plat 293, Lots 155 to 158 on Assessor’s Plat 294 and Lot 159 on Assessor’s Plat 294 as said plats appeared in the Tax Assessor’s office on December 31, 2018 are all hereby changed from General Business, Office and Residential A-7 to General Business. The Lots are set forth in the legal description and on the map attached hereto as Exhibit A.

Subject to the following condition and stipulations:

1. That due to site constraints and the proximity of the parcel to both a wetlands complex and residentially zoned area, there shall be no future uses allowed on Proposed Parcel 2 from the following: Use Code 505. New or used vehicle sales, with service or outdoor display, Use Code 507. New or used boat sales, with service or outdoor display, or Use Code 509. Open air market or outdoor sales and display, mobile or otherwise.

2. That all site lighting shall be designed and installed to protect the neighboring residential properties from any light emissions from the proposed development. The lighting design shall be Dark Sky compliant, to the extent practicable.

3. That all truck delivery routes shall be primarily on the major arterial roadway, Warwick Avenue, with limited travel on Atlantic Avenue, which is primarily residential in character.

4. Exemptions for less than the required number of parking spaces and less than the required wetland setback as shown on the plan approved by the Warwick Planning Board for this development.

5. That the all plans shall comply with “Rules and Regulations for Professional Land Surveying in the State of Rhode Island, effective date November 25, 2015. All survey monumentation shall be set prior to recording the Final Subdivision Plan, or a bond may be posted for installation and/or bond preservation.

6. That the Applicant shall submit a Preliminary Land Development Plan and Subdivision Plan that comply with Appendix C, Preliminary Application, of the City’s Development Review Regulations governing Subdivisions, Land Development Protects, and Development Plan Review, last amendment dated March 14, 2001.

7. That the parcel shall receive City Council approval for a zone change on the development parcel from a combination of General Business, Office and Residential A-7, to General Business (GB), with use restrictions and exemptions, dimensional waivers for less than required parking spaces and less than required wetland setback.

8. That the future General Business use of proposed Lot 2 shall comply with all zoning requirements or receive relief from the appropriate approving authority.

9. That all necessary state permits, including, but not limited to RIDEM and RIDOT Physical Alteration Permit (PAP), shall be obtained prior to submission to the Planning Board for Preliminary approval.

10. That the design for the Stormwater Collection system shall meet the requirements of the Rhode Island Stormwater Design and Installation Standards Manual, dated December 2010. The project engineer shall meet with the City of Warwick DPW Engineering Staff to review the proposed drainage system prior to submission to Rhode Island DEM or DOT.

11. That the Operation and Maintenance Plan for the proposed Stormwater collection system shall be included in the Preliminary submission to the Planning Board.

12. That sewer service for Assessor’s Plat 293, Assessor’s Lot 44 will be extended from Atlantic Avenue and may require an easement. That demolition of any of the existing structures with an existing sewer connection will require a WSA demolition permit. A back-flow prevention device shall be installed between the sampling manhole and the main sewer line.

13. That the Preliminary Plan submittal shall include a signage plan, to include sign location, size and style. This shall be subject to approval by the Administrative Officer to the Planning Board. All signage shall conform to the standards of the Warwick Zoning Ordinance, Section 800. Please note that LED advertising message boards are prohibited.

14. That the Preliminary Plan submittal shall include a photometric site plan, and specifications for all exterior lighting; the site lighting shall be Dark Sky compliant, to the extent practicable. All exterior lighting and signage shall be designed to minimize negative impacts on neighboring properties. Glare from outdoor lights, signs, and from the movement of vehicles on site shall be shielded from the view of adjacent properties.

15. That before issuance of any permits, the Fire Department shall review all plans for compliance with all life safety codes and issues.

16. That the Preliminary submittal shall include a Landscape Plan, prepared and stamped by a registered Rhode Island Landscape Architect. The Landscape Architect shall contact the Planning Department prior to beginning the design process. The landscape design shall include landscape at the intersection, along the frontages of both Warwick Avenue and Atlantic Avenue, a solid fence on the retaining wall, and an evergreen landscape buffer to screen the proposal from the abutting residential zone.

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

SPONSORED BY: COUNCILMAN RIX

COMMITTEE: LAND USE

Attest:

Lynn D’Abrosca, Deputy Clerk

3/28/19

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