PAWTUCKET DOWNTOWN DESIGN PLAN FINAL ... - VHB.com

DESIGN Regulatory Framework
The PDDP team developed a series of proposed regulatory amendments for
the city’s consideration. The text below summarizes these amendments and
the full text of the proposed Zoning Ordinance and Planning Commission
Regulations can be found in Appendix X. It is important to note that the
material provided in the appendix represents recommendations prior to
public comment and the required public hearing process with the Planning
Commission and City Council. Small modifications to the language provided
in the appendix are likely to occur as the city continues through the adoption
process.
GOAL
PROPOSAL
Remove obvious impediments to reoccupation and redevelopment
Allow mixed use and multi-tenant commercial by-right
Zoning provisions in the CD District require an applicant for mixed use
development or multi-tenant commercial development to obtain Special Use
Permit approval from the Zoning Board of Review. This permit creates an
unnecessary barrier to what is probably the most important land use within the
district because of the additional time required for review and the uncertainty
of approval. Although a Special Use Permit does not necessarily preclude
these uses, it does raise the possibility that an application may be denied.
This situation represents a significant level of uncertainty to a developer when
compared with those uses that are allowed “by-right”. In these by-right cases,
the developer is virtually guaranteed a permit as long as he or she meets the
zoning standards associated with that district. With a Special Use Permit,
the applicant must meet the zoning standards, but must also satisfy several
other criteria which are more discretionary and subject to interpretation.
This uncertainty increases the risk of investment and can serve as a serious
disincentive to redevelopment.
It is also important to note that the requirements for a Special Use Permit
triggers additional site development standards that would not be applicable
to these uses if allowed by-right. These requirements are found in Section
410-60 of the Zoning Ordinance and include limitations on residential density
(one unit per 2,000 square feet of land area) and additional setbacks and use
restrictions. Although these additional standards may be useful in other areas
of the city, they are inconsistent with the goals of the CD District. Furthermore,
from a practical standpoint, buildings in the CD District may not be able to
meet these standards as they already provide higher levels of density and
smaller setbacks with their existing configuration. As a result, applying the
Special Use Permit process to these buildings may set them up for a variance
application—another unnecessary layer of permitting and uncertainty.
The PDDP team identified these land uses as critical to the success of the CD
District and recommended that they be allowed by-right.
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PDDP DESIGN