PLANNING BOARD MINUTES

Special Meeting –

Middletown Commons Town Center

April 24, 2025, 6pm

Gaudet Middle School Cafeteria

1113 Aquidneck Ave

Middletown, RI 02842

 

Board members present:    

Paul Croce, Chair                                          

Charlie Vaillancourt, Vice Chair

Michael Fenton, Secretary                                                                                                                

B.J. Owen

Leon Amarant

Joe Pierik

Steve Huttler

 

Also present:

Ron Wolanski, Town Planner

Peter Regan, Town Solicitor

Anita Guo, Principal Planner

 

Mr. Croce opened the meeting at 6:00pm and shared that the Planning Board has held two special meetings on this petition on February 5 and April 3, 2025. The public hearing was opened on February 5^th and closed on April 3^rd. During those meetings, the Board opened the floor for public comments and received comments during both. Mr. Croce shared the Board tonight will be making its recommendations to the Town Council and there will be additional opportunities for public comments during the Town Council’s public hearings.

1.    Recommendation to the Town Council on a petition of Middletown Commons Town Center, LLC requesting amendment to the Future Land Use Map, Map L-4 of the Middletown Comprehensive Community Plan to change the land use designation of property fronting on West Main Road and Coddington Highway, Assessor’s Plat 102, Lots 3, 4, 5, 6, and 7, from Institutional to General Business.

2.    Recommendation to the Town Council on a petition of Middletown Commons Town Center, LLC requesting amendment to the Middletown Zoning Map referenced in Town Code Chapter 152 to change the zoning district designation of property fronting on West Main Road and Coddington Highway, Assessor’s Plat 102, Lots 3, 4, 5, 6, and 7, from public, traffic sensitive (PA) to general business, traffic sensitive (GBA)

3.    Recommendation to the Town Council on a petition of Middletown Commons Town Center, LLC requesting amendment to the Middletown Zoning Ordinance, Town Code Chapter 152, to create the Middletown Center Overlay Zoning District.

a.    Attorney Girard Galvin shared since the last meeting, there has been changes made to the proposed zoning overlay. In summary, the developer group agreed to change the underlaying zoning designation to Limited Business, the municipal areas will remain zoned as Public, the amount of affordable housing units is increased from 10% to 12% or 18 units, some uses have been made to be allowed by right, special use permit, or prohibited, and addressed lighting and signage. The proposed zoning overlay allows three signs – one large one at the corner of West Main/Coddington, a second large one at the main entrance on West Main Road, and a smaller sign at the Coddington entrance. Mr. Galvin spoke about the zoning overlay and development agreement are needed to make the project financially feasible. Tonight, the petitioner is asking the Planning Board for recommendations on amendments to the Future Land Use Map, Middletown Zoning Map, and on the overlay zoning district. 

b.    Mr. Croce asked Planning Board members to share their comments.

c.     Mr. Fenton asked for clarification on zoning request to lot 7 since it appears it will have to be split to accommodate commercial and public uses. Mr. Regan said that it will need to be divided to meet the request.  

d.    Mr. Huttler thanked Mr. Galvin and provided suggestions on other changes including adding family and pedestrian uses within both leased and open space, clarify language in use table, change general merchandise to under 15,000 sf, delete small-scale shopping center, changing hospital and medical clinics to special use, allow shielded 6’ high antennas by right, exclude pickleball courts, remove drive-thrus, retain public spaces in the leased area, increase the landscaped park at the corner of Coddington/West Main to 5,000 sf, add additional landscaping, making a portion of the housing to be workforce housing, banning short-term rentals, design of potential hotel, and smaller signs.

e.    There was a discussion about the proposed signage which would include 3 exterior signs, one on the main entrance of West Main Road, one at the corner, and one smaller one on Coddington Highway entrance. There was discussion about the dimensional requirements for size and height. Mr. Pierik spoke about visibility concerns with a smaller square footage for the signs. 

f.      There was then a discussion about landscaping and open space and having it codified within the leased area as well.

g.    Mr. Fenton asked about the procedure section which Mr. Galvin explained the intention is for a master plan application to be filed and if approved, it would allow different segments or buildings to be pursued separately for preliminary and final plan review.

h.    There was discussion about home office occupation, future traffic study, and treating the multiple lots as aggregate land area for setback requirements.

i.      Mr. Croce provided his comments and suggestions including allowing only one single hotel by right, allow restaurants with alcoholic beverages by special use permit, prohibiting all other uses in Limited Business, calculation of setback heights, lighting, and reducing signage height.

j.      Mr. Huttler suggested a 10 minute recess and the Board reconvened at 7:55pm.

k.     The Board went over the suggestions by page and Mr. Galvin stated whether the petitioner is agrees with the suggestion or that it will be a condition of approval.

l.      The suggestions are listed below:

                                          i.    Pg 2, (C): add “within both the leased land and open space parcel” to the end of the sentence “…including, but not limited to, the creation of family and  pedestrian-friendly spaces and community usage.” Agree.

                                         ii.    Pg 3, Permitted Uses (A): remove “and specified as permitted uses in § 602 of this chapter for the Middletown Center Overlay District; provided that the only uses permitted on the Open Space Parcel are those permitted within a Public Zoning District. and specified as permitted uses.” Agree.

                                        iii.    Pg 4-6

1.    Residential: Allow a single hotel/motel by right. Agree.

2.    Restrict general merchandise retailing activities to not exceed 15,000 square feet. Agree.

3.    Remove small-scale shopping center. Condition.

4.    Allow lunchroom or restaurant (alcoholic beverages) by special use permit. Condition.

5.    Allow hospital by special use permit. Agree.

6.    Allow medical center or clinic by right. Agree.

7.    Allow co-locating cellular and other antenna on top of structures and shielded from public right of way with a height limit of 6’ or less. Agree.

8.    Exclude pickleball from fitness center and court games accessory to the hotel or residential uses. Agree.

9.    Allow the bank drive-thru by right and allow other drive-through windows by special use permit. Condition.

10.  (B) Prohibited Uses: add one bullet stating “other uses not listed but prohibited in Limited Business zone.” Agree.

                                       iv.    Pg 7 – 8 Mix of Land Uses

1.    Bullet 1:

a.    Revise the introductory section from “A public common area shall be…to meet any Open Space requirements in the code.” That the leased land will include public and open space areas minimum of 10% of such space, and 10% shall exclude any landscape buffers or land in the corner landscaped area. Condition.

b.    Remove “hardscaped”, change the 600 square feet to at least 2,000 – 3,000 square feet, and delete “that shall not exceed five (5’) feet in height”. Condition. 

2.    Bullet 2 Residential Use – Multifamily Dwellings: Add that no apartment can be leased for less than 6 months or for short-term rental. Agree.

                                         v.    Pg 9, Bullet 3: Revise the last setback requirement to “For every 10 feet in building height above 35 feet, the setback requirement shall increase by 2.5 feet.” Condition.

                                       vi.    Pg 10 (A) Site design, Bullet 6: Change “Where practical” to “To extent possible”. Condition.

                                      vii.    Pg 12 (D) Landscaping: Add in that the buffers and landscaped corner are in addition to the 10% landscaping of the leased area. Condition.

                                    viii.    Pg 13 – 14 (E) Lighting: Replace section with “All lighting shall comply with Town’s lighting ordinance.” Condition.

                                       ix.    Pg 14 (F) Signage: Remove bullet 3 on free-standing signage at the corner of West Main Road and Coddington Highway. Condition.

                                        x.    Pg 15 (F) Signage:

1.    Bullet 4: Change maximum height to 16 feet. Condition.

2.    Bullet 7: Change so businesses are allowed a maximum of one (1) one per exterior wall. Agree.

m.   Recommendation on Town Commons amendment to FLUM

n.    Motion by Mr. Vaillancourt, seconded by Ms. Owen to make a positive recommendation to the Town Council to amend the Future Land Use Map, Map L-4 of the Middletown Comprehensive Community Plan to re-designate the subject property from Institutional to Limited & Office Business, with a portion remaining Institutional as depicted on the map presented by the petitioner. These amendments will not become effective until the noted restrictions are removed by the recreation parcel. Vote: 7-0-0.

o.    Motion by Mr. Vaillancourt, seconded by Mr. Fenton to make a positive recommendation to the Town Council to amend the Middletown Zoning Map to change the designation for the subject property from Public, Traffic-Sensitive to Limited Business, Traffic-Sensitive, with a portion remaining Public, Traffic-Sensitive as depicted on the map presented by the petitioner. The proposed amendment is generally consistent with the Middletown Comprehensive Community Plan, including the goals and policies statement, the implementation program, and all other applicable elements of the comprehensive plan; and this recommendation is made in recognition and consideration of each of the applicable purposes of zoning, as presented in § 45-24-30 RIGL. These amendments will not become effective until the noted restrictions are removed from the recreation parcel. Vote: 7-0-0.

p.    Motion by Mr. Vaillancourt, seconded by Mr. Amarant to make a positive recommendation to the Town Council to amend the Middletown Zoning Ordinance, Town Code Chapter 152, to create a new overlay zoning district that would apply to the subject property, as revised and presented to the Board. The overlay district is based on the proposed underlying LB zoning and incorporates elements of the town’s existing regulations regarding mixed-use development and other zoning ordinance sections. Where there are conflicts between the proposed overlay district and other sections of the zoning ordinance, the provisions of the overlay district would prevail. The draft overlay shall include the changes the petitioner agreed to. These amendments will not become effective until the noted restrictions are removed from the recreation parcel. The proposed amendment is generally consistent with the Middletown Comprehensive Community Plan, including the goals and policies statement, the implementation program, and all other applicable elements of the comprehensive plan; and this recommendation is made in recognition and consideration of each of the applicable purposes of zoning, as presented in § 45-24-30 RIGL. Such favorable recommendation is subject to adoption of each subject condition and failing such adoption of such conditions, the recommendation is not favorable.

                                          i.    Mr. Amarant expressed the zoning overlay work should have been worked out before the Town executing an agreement with any developer and expressed his hesitation to vote in favor of the recommendation but noted that the Planning Board has a limited scope and he found the proposal consistent with the comprehensive plan. Mr. Amarant urged the Town Council to give weight to public input.

                                         ii.    Mr. Croce pointed out there is support for this project as there are different points of view and expressed that the Town is fortunate to have a developer team that the Town can work with.  

                                        iii.    Vote: 7-0-0.

Meeting adjourned by consensus at approximately 9:05pm.

 

Respectfully submitted,

Mike Fenton, Secretary