North Kingstown Planning Commission Meeting - April 2, 2024
North Kingstown Planning Commission Meeting - April 2, 2024
The North Kingstown Planning Commission met on Tuesday, April 2, 2024, at 7:00 PM at Town Hall. The agenda included three routine items (a development plan review waiver, an extension for an affordable housing development, and a bond release recommendation) and a lengthy discussion on zoning ordinance and subdivision regulation amendments required to implement new state laws.
Consent Calendar
- No consent calendar was presented; all items were discussed individually.
Public Comments & Testimony
- No public comments were made.
Discussion Items
- 3.a – Development Plan Review Waiver Request – Seven Moon Take Out Restaurant
Staff presented a request to waive development plan review for a tenant fit-out at Unit #10 in Kingstown Plaza (6657 Post Road). The space (approx. 1,000 sq. ft.) was previously a pizza restaurant and will become a take-out restaurant with no seating or public restroom. The site is in the groundwater overlay; staff confirmed the septic system is adequate for the new use. The commission voted unanimously to approve the waiver. - 3.b – Development Plan Approval Extension Request 2 – Langford Estates Phase II
The applicant requested a second one-year extension (by right under state statute) for Phase II of Langford Estates, an affordable housing project off Driftwood Lane. Phase I (senior housing) is already built. The developer cited near-final funding but a too‑close expiration of the original approval (dated May 25, 2022). The commission approved the extension by a vote of 6–0. - 3.c – Surety Reduction (Final Bond Release) – Reynolds Farm Phase 2A
Staff recommended full release of the remaining bond amount of $168,203.66 for Phase 2A. The engineer noted a few small areas needing seeding (weather‑dependent) but found the work substantially complete. The commission voted 6–0 to send a positive recommendation to the Town Council. A commissioner also requested a list of all outstanding construction bonds and their status within a month, citing delays in responses from the responsible department. - 3.d – Discussion: Zoning Ordinance and Subdivision Regulation Amendments
Staff presented proposed amendments to implement 2023 state law changes. Key points included:- Definitions and thresholds: New categories for development plan review, minor land development (e.g., ≤7,500 sq. ft. commercial, ≤9 residential units), and major land development. The commission discussed the ambiguous phrase “extensive construction” and its impact on categorizing projects.
- Unified development review: Applicants can request joint review of zoning relief (variances/special use permits) with the planning commission. The commission must rule on zoning relief first, potentially at the same meeting. This could increase the board’s workload.
- Process changes: Preliminary and final stages for development plan review; minor subdivisions defined as ≤9 buildable lots (10+ is major). The commission may adjust thresholds upward but not downward.
- Appeals: Administrative officer decisions go to the Board of Appeals; commission decisions go to Land Court. Commissioners discussed the need for clear findings to withstand challenges.
- Timelines and completeness: Staff emphasized strict adherence to statutory deadlines (e.g., 65‑day review for unified development) and the need for complete applications.
- No vote was taken. Commissioners were asked to submit comments on the draft regulations (distributed at the meeting) by the next meeting on April 16, 2024. Further discussion and a public hearing on the subdivision regulations will follow.
Key Outcomes
- Approved (unanimous): Waiver of development plan review for Seven Moon Take Out Restaurant.
- Approved (6–0): Second one‑year extension for Langford Estates Phase II.
- Recommended (6–0): Full bond release ($168,203.66) for Reynolds Farm Phase 2A to the Town Council.
- Continued: Discussion of zoning ordinance and subdivision regulation amendments; commissioner comments due by April 16, 2024. Staff will then prepare final recommendations for the Town Council and schedule a public hearing on the subdivision regulations.
Meeting Transcript
First item on the agenda item 3A development plan review waiver request request to waive development plan review for seven moons takeout restaurant to locate it unit 10 in the Kingston Plaza at 6757 Post Road North Kingstown. The applicant is here. Just so you're aware the process staff will walk us through the application. At that point, this may not have any questions. You may not have to do anything at all. It seems somewhat straightforward, but we'll see how it all works out. And if there's a need and you want to come up, you're welcome to put whatever you'd like on the record. But this may not be a need. Good evening. The application is for um basically a tenant fit out at the I'm gonna call it the tractor supply plaza. No, that's not the name of it, but it's how you will all recognize it. Um located at 6657 post road, and they are looking at the side building, not the building with tractor supply, but that side building. Um this property is in the groundwater overlay, and as you know, anything, any change of use, alteration, blah blah blah blah blah needs to come to the planning commission for review, um, unless they request a waiver of that development plan review. Being that this is only a tenant fit out, um we they've applied for this waiver request and they've shown that the septic is capable of this use at the site. Um so from a staff perspective, we are comfortable with this waiver request. Um, but you are the reviewing body, so you are the body that also has to um approve or deny the waiver request. There's a short staff report that's included. You've done a couple of these before, so I think you're familiar, but if you have any questions, please feel free to ask them. Uh Nicole, if I'm understanding this application correctly, I mean it's really just a change in the type of food that's being served from from pizza to I would agree. Yep. It's a takeout, it's not a sit-down restaurant either. They um included that information in their packet to you. And it's a thousand square feet for the unit. There's no public restroom and no seating.2. Or really it's only 8.2 that applies. That's correct. Yep. 8.1 is for informational purposes. Does anyone have any questions of staff? Anyone feel a need to ask any questions to the applicant? I don't think so. Okay, with that, would anyone like to make a motion to approve the waiver for development plan review for 7 moons takeout restaurant? I'll make that motion. The motion is there a second? I'll second it. Motion a second, any discussion? All in favor? Aye. Any opposed? Okay, thank you. I include all the time. Uh next, we have item three B, development plan approval extension request two, phase two, Langford Estates assesses plat 136 lot 30 off Driftwood Lane, and we've seen several of these recently. This is a request by right under the state statute. Um I know that they are required to make the application and come before us as part of it. Uh, but I think our actions are incredibly limited. This is for phase two of Linkford Estates. Phase one is the existing senior housing that is already constructed. And when it comes to affordable housing like this, there's a number of different funding mechanisms that have to fall in line for the the construction to happen. Um the applicant has indicated that they are very, very close to having that funding secured within the next couple weeks, uh, but they're concerned that the the date of getting that funding in their actual decision um expiration are close are too close for comfort. So they're requesting this is a second one-year deadline for um for the decision to be extended.
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