Public Notices - February 2, 2013
New Shoreham Town Council Public Hearing
Proposed Amendment to New Shoreham Zoning Ordinance
Relating to Affordable Housing
The New Shoreham Town Council will hold a public hearing at 7:00 p.m. Wednesday, February 20, 2013 at Town Hall, Old Town Road, Block Island to consider an application to amend New Shoreham’s Zoning Ordinance Article 2 Section 202 Definitions, Article 4 Section 403 Secondary Dwelling Development, Article 4 Section 404 Attached Multifamily Development, Article 4 Section 405 Affordable Housing and Article 7 Section 712 Permits, Procedures and Enforcement. The proposal follows, with new language in italics and language to be removed stricken out (like this). Before acting on the proposal and/or amendments to it, the Town Council will hear all persons for or against. The proposed ordinance may be altered or amended prior to the close of the public hearing without further advertising, as a result of further study or because of the views expressed at the public hearing. Any alteration or amendment must be presented for comment in the course of the hearing.
ARTICLE 2 – DEFINITIONS
Article 2 - Section 202 – Definitions
A. In the Zoning Ordinance the following words and terms shall have the following meanings:
8. Affordable Housing: Residential housing built or set aside for year round habitation for sale or rent, affordable to households whose adjusted gross income is less than one hundred forty percent (140%) of the area median income, adjusted for family size, based on applicable United States Department of Housing and Urban Development schedules. See Section 405 – Affordable Housing. Refer to Section 712 for the definition of “Affordable Housing” which is to be applied to Comprehensive Permit Applications under the Rhode Island Low and Moderate Income Housing Act and as administered by Town of New Shoreham Zoning Ordinance Article 7, Section 712 “Comprehensive Permits for Low and Moderate Income Housing.” (Amended September 27, 2006) (Amended March 5, 2007
121. Low or Moderate Income Housing: Any housing subsidized by the federal, state or municipal government under any program to assist the construction or rehabilitation as low or moderate income housing, as defined in the applicable federal or state statute or this ordinance, whether built or operated by any public agency or nonprofit organization, or by any limited equity housing cooperative or any private developer, that will remain affordable for ninety-nine (99) years from initial occupancy through a land lease or deed restriction. See Section 712 – Comprehensive Permits for Low and Moderate Income Housing. (Amended September 27, 2006)
xxx. Municipal Government Subsidy: Assistance that is made available through a Town program to make housing affordable, as defined by the Rhode Island Low and Moderate Income Housing Act; such assistance may include, but is not limited to, direct financial support, abatement of taxes, waiver of fees and charges, and approval of density bonuses and/or internal subsidies, and any combination of forms of assistance.
ARTICLE 4 - CRITERIA FOR SPECIAL USE PERMITS
Article 4 - Section 403 – Secondary Dwelling Development
F. Density and Dimensional Standards. The development shall conform to the density and dimensional standards contained in Article 3, or to the following standards, whichever is the most restrictive. No variances for dimensional relief, as provided for under Section 703(G), shall be granted by the Zoning Board from any density or dimensional standards, except however, if the secondary dwelling unit is proposed to be an affordable unit under the provisions of Section 405, in which case reduction in minimum lot area, and relief from minimum setbacks and maximum lot coverages, as provided for under Sections 405(C) and 405(D), respectively, may be allowed by the Board.
Article 4 - Section 404 – Attached Multi-Family Development
C. Standards for Affordable Units. If a proposed attached multi-family development is to include or consist of affordable housing units, the lot area and other dimensional requirements contained in Sections 404(A) and (B) above may be modified by the Zoning Board under the applicable provisions of Section 405 Affordable Housing.
Article 4 - Section 405 - Affordable Housing (in its entirety)
A. Density Incentives Purpose: In order The purpose of this section is to promote the creation of suitable, sustainable affordable housing units in all zones balancing zoning districts by allowing additional residential density in a manner that balances the need for such housing with concerns for the environment, the carrying capacity of land, and the health, safety and welfare of current and future residents. the following provisions shall apply to all special use permits sought for such:
B. Procedures: A Special Use Permit to allow an increase in residential density may be granted by the Zoning Board of Review to allow the creation of affordable housing, as defined in Section 202. Before action is taken by the Zoning Board on any such application for affordable housing, it shall be submitted to the Block Island Housing Board for their review and recommendation. Such use shall also require Development Plan Review by the Planning Board under the provisions of Section 704, whether or not the application also involves the subdivision of land. The Planning Board may undertake the development plan review and the advisory request to the Zoning Board of Review concurrently. In cases involving a subdivision, the final plan shall not be approved by the Planning Board until the Zoning Board grants the Special Use Permit for the density increase.
1. Advisory Recommendation By Block Island Housing Board: Before action is taken by the Zoning Board on any application for a special use permit for affordable housing, the application shall be submitted to the Block Island Housing Board for review and recommendation.
2. Except as provided in Subsection 3 below, the Residential Density required in any zoning district(s) may be increased by the Zoning Board of Review by up to one hundred (100%) percent to accommodate the construction of Affordable Housing Units. The Dimensional Standards and parking requirements of the zoning district may also be modified by the Zoning Board of Review to accommodate the construction of proposed Affordable Housing units.
C. Reduction in Minimum Lot Areas: The residential density permitted in any zoning district, as determined by Article 3, or any other applicable section of this ordinance, may be increased by the Zoning Board of Review to accommodate the construction of an affordable housing unit or units. Such density increases are allowed as follows:
1. For each affordable unit provided, or in the case of a subdivision, for each lot to be set aside for the construction of an affordable housing unit, the minimum lot area (including minimum developable land area) required for each dwelling unit in the zoning district may be reduced by up to fifty percent (50%).
2. The residential density allowed on a parcel of land, or the number of lots in a subdivision, shall be determined by the total of:
a. The minimum area requirements for each non affordable (market rate) unit or lot, and
b. The reduced minimum area requirements for each affordable unit or lot.
3. The provision of an affordable housing unit or units under this section may allow the development of up to two (2) dwelling units (one market rate and one affordable or two affordable) on a single lot in those zoning districts which otherwise limit residential use to one (1) dwelling unit per lot. Such units may also be attached (two-family structure).
D. Additional Dimensional Relief: In order to further accommodate the construction of affordable units, the minimum building setbacks, maximum lot building coverage and maximum lot coverage required in the zoning district, as applied to each lot on which an affordable housing unit or units are to be built, may also be modified by the Zoning Board. All such dimensional relief shall be considered part of the approved Special Use Permit.
3. In order to facilitate the creation of Affordable Housing Units needed to satisfy current and near term needs, the Zoning Board of Review may increase the Residential Density required in any Zoning district(s) by more than one hundred (100%) percent in the following instances:
a. Residential Density may be increased so as to allow a maximum of four (4) multi-family attached affordable rental housing units under the same ownership. Except for one owner-occupied unit, each such rental unit shall be no greater than 800 square feet of habitable space for a one-bedroom unit and 1,200 square feet of habitable space for a two-bedroom unit. The proposal must also satisfy each Performance Standard in Section B;
b. The affordable housing units for which a density bonus is granted, are less in number than the number of units in said Zoning District (and in any more restrictive Zoning District) upon which development is not likely to occur based on a documented, permanent conveyance of such development rights to the Block Island Housing Board. Each proposal under this Subsection must also satisfy each Performance Standard in Section B; or
c. The proposal is sponsored by the Block Island Housing Board or another not-for-profit housing entity; and satisfies each of the Performance Standards in Section B.
d. The provisions of this Section 405(A)(3) shall automatically expire upon the first to occur of (1) December 31, 2010; or (2) as to rental units, when (30) affordable rental units have been created; as to home ownership, when (40) units of affordable home ownership units have been created.
E. Greater Reductions in Minimum Lot Areas: The Zoning Board of Review may allow an additional increase in residential density than that provided for in Section 405(C) above in order to achieve stated goals in the provision of affordable rental and home ownership units on the island, provided, however, that the project is sponsored by the Block Island Housing Board or another not-for-profit housing entity. Such density increases are allowed as follows:
1. For each affordable unit provided, or for each lot to be set aside for an affordable housing unit, the minimum lot area (including minimum developable land area) required for each dwelling unit in the zoning district may be reduced by up to seventy-five percent (75%).
2. The provision of affordable housing under this section may allow attached multi-family development in those zoning districts where such use is otherwise prohibited:
a. In the RA and RB Zones, a project may consist of one (1) or more multi-family structures provided each such structure is limited to two (2) dwelling units.
b. In the RC, RC/M and M Zones, a project may consist of one (1) or more multi-family structures provided each such structure is limited to four (4) dwelling units. A multi-family development consisting of affordable rental units can include one (1) owner-occupied unit that does not qualify as an affordable unit, provided that the total number of dwelling units in the development is four (4) or more.
3. The provisions of this Section 405(E) shall automatically expire upon the first of the following to occur:
a. December 31, 2018; OR
b. When fifty (50) affordable home ownership units and thirty (30) affordable rental units have been created. At such time as the number of units stated herein have been obtained in either category, the Town shall not entertain any more applications for affordable housing units in that category under the provisions of this Section 405E.
F. Review Standards: In reviewing an application for an affordable housing project under this section, the Block Island Housing Board, and the Planning Board, shall, in their advisory capacities to the Zoning Board of Review, consider the Goals and Policies of the Housing Element Supplement to the Town of New Shoreham Comprehensive Plan, with particular emphasis on the following factors:
1. Type of units proposed, with preference given to projects that address the greater affordable housing need, whether rental units or home ownership units;
2. Whether or not the project involves new development or redevelopment, with preference given to adaptive reuse of existing structures, and conversion of existing units to long-term affordable units; and
3. Location of proposed project relative to the location of other affordable housing units, with consideration given to the distribution of affordable housing throughout the island.
G. Performance Standards: In addition to compliance with the applicable general standards set forth in Section 501, a Special Use Permit for affordable housing shall require a finding by the Zoning Board of Review that each of the following standards is satisfied by the proposal:
1. The housing conforms to the definition of affordable housing in Section 202(A)(8).
2. The proposal project is environmentally sustainable in view of the carrying capacity of the land and the availability of utilities, and adequately addresses concerns regarding drainage, water quality, traffic, access and parking, as applicable, have been adequately addressed.
3. Concerns regarding drainage, water quality, traffic and access, as applicable, have been adequately addressed, and parking commensurate with projected need has been provided on-site, including the minimum of two spaces per dwelling unit as well as that for additional expected vehicle ownership, and with consideration of guest parking needs. As a condition of approval, the Zoning Board may require parking spaces in excess of that required under Section 502.
4. The project is compatible with neighboring land uses, or has been designed to mitigate the impacts of any necessary incompatibilities.
5. The affordable housing units have been are to be duly deed-restricted so as to remain permanently affordable to the extent permitted by applicable law, but in no event less than ninety nine (99) years, including a suitable mechanism for monitoring the long term affordability of the units.
6. The sponsoring person or entity has the qualifications, resources and due capability to complete the project and to duly arrange for its financing and construction.
7. No The affordable housing complex shall project does not exceed twenty (20) sixteen (16) units.
8. For multi-family affordable rental units provided under Section 405(E)(2)b. above, each one bedroom unit does not exceed 800 square feet of habitable space, each two bedroom unit does not exceed 1,200 square feet of habitable space, each three bedroom unit does not exceed 1,400 square feet of habitable space, and each four bedroom unit does not exceed 1,600 square feet of habitable space.
9. The project, if involving a subdivision of three (3) or more lots, has been designed as a Flexible Design Residential Development under the provisions of Section 402, unless a waiver is granted by the Planning Board. In order to accommodate the increased density while providing for the protection of open space, the minimum lot area within a Flexible Design Residential Development in the RA and RB Zones may be reduced to 5,000 square feet.
7. Nothing herein shall be deemed to exclude any otherwise required approvals by the Planning Board under the Land Development and Subdivision Regulations.
H. Affordable Accessory Apartments: Affordable Accessory Apartments shall be governed as set forth in Section 513(B).
(Entire Section Amended September 27, 2006)
ARTICLE 7 – PERMITS, PROCEDURES AND ENFORCEMENT
Section 712 – Comprehensive Permits for Low and Moderate Income Housing
A. Authority: Pursuant to Title 45, Chapter 53 of the Rhode Island General Laws, as amended, the Low and Moderate Income Housing Act, the Zoning Board of Review New Shoreham Planning Board shall have the authority to issue a comprehensive permit for low and moderate income housing.
B. Definitions: The following words or phrases shall have the following meaning when used in this Section:
1. Affordable housing means residential housing meeting the definition contained in R.I. Gen. Laws §42-128-8.1(d)(1), the Comprehensive Housing Production and Rehabilitation Act of 2004.
Consecutively renumber five remaining definitions:
1. Approved affordable housing plan means an affordable housing plan that the director of administration has approved as meeting the guidelines for a comprehensive plan as promulgated by the state planning council.
5. Municipal government subsidy is assistance that is made available through a town program sufficient to provide affordable housing.
For the remainder of the section delete:
Zoning Board of Review
Individuals requesting interpreter services for the hearing impaired must call (401) 466-3200 forty-eight hours in advance of the meeting date. TTY: 711.
Posted: January 22, 2013
Hearing: February 20, 2013
Fiona Fitzpatrick, Town Clerk
The New Shoreham School Committee, at its meeting held on Monday, December 17, 2012, approved the posting of the following policy for the required 30-day period prior to adoption:
Policy BAK: Policy Adoption and Amendment
Copies are available for community perusal during normal business hours at the Island Free Library, the Block Island School, and on the school’s web site (blockislandschool.net).
ZONING MODIFICATION REQUEST
Jason & Mary Elizabeth Page. Plat 15, Lot 39-4. Zoning Modification request is to construct a new Single Family Dwelling thirty seven feet 6 inches (37’ 6”) from the northern property line of Plat 15, Lot 39-4. A fifty foot (50’) setback from all property lines in the Residential A (RA) Zoning District is required. If no written objections are received from directly abutting property owners by 4 February 2013 the Modification will be granted.
Marc A. Tillson
Town of New Shoreham