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  • Ordinance Subject: ORDINANCE 13-001Z
  • Posted: January 10, 2013 01:46 PM
  • Municipality: North Providence

ORDINANCE 13-001Z

ORDINANCE OF THE
TOWN OF NORTH PROVIDENCE AMENDING
THE EXISTING COMMUNITY COMPREHENSIVE PLAN
AND MAP


WHEREAS, the Town Council of the Town of North

Providence desires to amend, by Ordinance, its existing 

Community Comprehensive Plan and Map with regards to the 

land use classification of Lots 170 & 242 on Plat 25, said 

property bordering Mineral Spring Avenue; and 

	WHEREAS, an application was filed by Jeff-Anthony 

Properties, Inc. requesting the amendment the North

Providence Community Comprehensive Plan and Map (the 

“application”).

	WHEREAS, the application was heard by the North 

Providence Town Council at a public hearing on December 4, 

2012; 

	WHEREAS, after the taking of all testimony and 

presentment of all witnesses, a Decision was rendered by the 

Town Council on December 4, 2012, which is attached hereto 

and incorporated by reference(the “Decision”); and 

	WHEREAS, The Town Council desires the passage of this 

Ordinance to complete the amendment of its Community 

Comprehensive Plan; and



NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF NORTH PROVIDENCE AS FOLLOWS: 

	SECTION ONE:  That the Decision of the North Providence Town Council of December 4, 2012, as set forth in the written Decision dated January ___, 2013, attached hereto as Exhibit A and incorporated by reference herein, with regard to the Application of Jeff-Anthony Properties, Inc. to Amend the North Providence Community Comprehensive Plan so that the land located on Tax Assessor’s Plat 25, Lots 170 & 242 be changed from a current land use classification of Residential Limited 13 (RG13) to a district denoted as Commercial General (CG), is hereby confirmed and ratified. 

	SECTION TWO: In conformance with the Decision, the following sections of the Community Comprehensive Plan shall be amended to read as follows: 

	(A) Plan Element Number 1 Land Use: Section 7.2.1a, entitled Future Land Use- amend the future land use designation fo the subject property, consisting of Lots 170 & 242 on Tax Assessor’s Plat 25, comprising approximately 18,680 +/- square feet, as shown on the attached Exhibit B, from “Residential Limited 13 Zone” to “Commercial General” 

	(B) (Text Amendment). The fourth  paragraph of Section 7.2.2(a) in Plan Element 1, Land Use Element, should be revised to read as follows:

 
		“There are three areas of general business activity suggested in the plan. They are all located on Mineral Spring Avenue. From west to east, the first district includes that area from the vicinity of Brookside and S. Brookside Avenues east to Smithfield Road. The second location extends east and west from Douglas Avenue and represents the heart of this type of commercial activity. The area included in this district includes properties fronting on Mineral Spring Avenue from Marblehead Avenue east to Elmira Avenue. The entire Rizzo Ford property is included in this district and forms the northern border of this area. No expansion down either end of Douglas Avenue is suggested.” 






	SECTION THREE: The provisions of this Ordinance are severable and, in the event that any provision of this Ordinance is determined to be invalid, for any reason, the remaining provisions shall remain in full force and effect. 

	SECTION FOUR: This Ordinance shall take effect upon adoption and any Ordinance inconsistent herewith is hereby repealed.


APPROVED AS TO FORM AND LEGALITY:


_________________________________
TOWN SOLICITOR

ADOPTED:___________________  ____________________________
                             COUNCIL PRESIDENT

APPROVED:__________________  ____________________________
                             MAYOR

                             

                                                                                            						____________________________
                              TOWN CLERK


























TOWN OF NORTH PROVIDENCE TOWN COUNCIL


In Re: Application of Jeff-Anthony Properties, Inc.

DECISION

	The above matter came before the North Providence Town Council, on December 4, 2012 with regard to an application filed by the above-referenced party to amend the existing North Providence Comprehensive Plan, zoning map, zoning ordinance. The representative of the applicants was present and was represented by legal counsel and after a public hearing before the North Providence Town Council, the Town Council, upon a roll call vote of seven (7) ayes and zero (0) nayes, makes the following decision:

	1. That the Application of Jeff-Anthony Properties, Inc. to Amend the North Providence Community Comprehensive Plan so that the land located on Tax Assessor’s Plat 25, Lots 170 & 242 be changed from a current land use classification of Residential Limited 13 (RG13) to a district denoted as Commercial General (CG), is hereby approved.

	2. In conformance with the Decision, the following sections of the Community Comprehensive Plan shall be amended to read as follows: 

	(A) Plan Element Number 1 Land Use: Section 7.2.1a, entitled Future Land Use- amend the future land use designation fo the subject property, consisting of Lots 170 & 242 on Tax Assessor’s Plat 25, comprising approximately 18,680 +/- square feet, as shown on the attached Exhibit B, from “Residential Limited 13 Zone” to “Commercial General” 

	(B) (Text Amendment). The fourth paragraph of Section 7.2.2(a) in Plan Element 1, Land Use Element, should be revised to read as follows:

 
		“There are three areas of general business activity suggested in the plan. They are all located on Mineral Spring Avenue. From west to east, the first district includes that area from the vicinity of Brookside and S. Brookside Avenues east to Smithfield Road. The second location extends east and west from Douglas Avenue and represents the heart of this type of commercial activity. The area included in this district includes properties fronting on Mineral Spring Avenue from Marblehead Avenue east to Elmira Avenue. The entire Rizzo Ford property is included in this district and forms the northern border of this area. No expansion down either end of Douglas Avenue is suggested.” 

	3. That the existing Zoning Ordinance and Zoning map of the Town of North Providence be amended so that the Zoning of Lots 170 & 242 on Assessor’s Plat 25, said premises bordering Mineral Spring Avenue, as it appears on record as of this date in the Office of the Assessor of Taxes of said Town of North Providence, be changed from Residential Limited 13 (RG13) to Commercial General (CG), subject to the restrictions set forth in Section 4 herein.

	4. That the amendment set forth in Section 3 herein shall be subject to the following restrictions: 

	A.  That the amendment is approved based upon the plans submitted at the hearing, which are incorporated herein by reference, and the Town of North Providence hereby approves the plans as submitted;  

	B.  That the development complies with all other zoning and Town regulations and State Laws/Regulations;

	C. That there will be zero runoff from the premises to the abutting properties; 

	D. That no further variances will be applied for by the current owner, the applicant or any further owner of the premises or granted to this premises by the Town of North Providence;

	E. That there shall not be any business establishment or tenant on the premises which sells alcohol or alcoholic beverages in any form or food. 

	F. Design of any structures on the property shall be wood siding and glass and provide a more residential appearance. Said wood siding and glass installation to be approved by the Town of North Providence Building and Planning Offices; 

	G. There shall be sidewalks along both sides of the premises; 

	H. No means of egress or ingress to the premises shall be allowed onto any abutting side streets, all ingress and egress shall be via Mineral Spring Avenue; 

	I. The existing sign for Mary Mother of Mankind shall remain permanently. 

	J. A wall washer shall be utilized for outside lighting of the premises;

	K. All utilities to the premises shall be underground;

	L. All waste/trash removal from the premises shall be during afternoon hours;

	M. There shall be appropriate fencing and landscaping so that the premises is conducive to the abutting neighborhood. Said landscaping and fencing to be approved by the Town of North Providence Building and Planning Offices. 
	
	5. That the plans submitted and the Amendment provided for herein conforms to the Comprehensive Plan of the Town of North Providence, as amended simultaneously herewith, as approved by the Town of North Providence and provided to the State of Rhode Island for approval.

	6. That any approval by the Town of North Providence Town Council is subject to the further approval by the State of Rhode island, Statewide Planning Department.  

	Entered as a Decision of the North Providence Town Council, 

the local authority, on this       day of January, 2013



ADOPTED:_________________________ ______________________________
                                   COUNCIL PRESIDENT
                                   													_____________________________
                                   TOWN CLERK
FOR PUBLIC HEARING FEBRUARY 5, 2013 @7:00 P.M. AT NORTH PROVIDENCE TOWN HALL, 2000 SMITH STREET NORTH PROVIDENCE, RI 02911