Pursuant to RIGL 4246-6C.

Notice of the meeting has been posted on the Secretary of State's website.

Item 3 is general business, a decision public hearing of the unified development review for the zoning relief requested of Moran properties for a major land development project known as the overlook for properties located at 7565, 7595, 7605, and 7659 Post Road from Assessors Plat 135, lots 10, 11, 19, 42, and 52 zone post road.

Continued from July 21st, 2026.

I would entertain a motion to reopen the public hearing.

I'll make that motion.

You want to open all right.

3B is the unified development review for the decision of the master plan application for the same project.

Do I have a motion to open that public hearing also?

I'll make that motion as well.

Do I have a second?

Second.

All in favor.

Aye.

Has everyone had a chance to read the emailed decisions or the ones that were given to us tonight.

We have any discussion, comment.

Nope.

Joe, anything?

All right.

And I guess I will start reading.

I'll do the zoning and Pat is going to do the planning, land development portion, because there's a lot to read here.

The findings of fact, the planning commission will grant the following relief, a 40-foot dimensional variance from Section 21-94 B1C, general requirements, ground floor uses to locate building 3, approximately 160 feet off post road, where commercial uses are required on the first floor within 200 feet of post road.

Two, a 60-foot dimensional variance from Section 2194 B1C general requirements.

5.

A 30-foot dimensional variance from Article 4, Table 2B dimensional regulations to locate Building 1, 20 feet from the westerly property line, abutting AP 135, lots 58 and 59, where a 50-foot setback is required.

In granting the relief, the following findings of fact are made.

The hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not the general characteristics of the surrounding area and is not due to physical or economic disability of the applicant.

The proposed layout is predicated on the site constraints and siting of the stormwater measures, given the topography and the soils present on site.

On site, the stormwater components are located at the lower portions of the site in the closest points to where the runoff originates.

The proposed buildings are located in a manner that best accommodates the stormwater flow and site conditions.

B, the existing lot is oddly shaped.

The proposed layout allows for the westernmost portion of the lot to remain wooded where it extends to the west.

C, the proposed layout is not intended as a cost savings method measure, but rather a response to the site constraints of the property.

D, the proposed setback is related to the building height of 50 feet.

The taller item one, the taller structure allows for a more compact design and layout with less impervious surface.

Two, the shorter three-story building would need a variance if the building was located as proposed 20 feet from the property line.

While a landscape buffer is not required along residentially zoned property lines, maintaining the existing vegetation along these lines would help to mitigate any impacts.

The applicant intends to provide some buffering at the perimeter.

And five, the landscape provided, the landscape plan provided at the preliminary stage will help determine the required mitigation.

Two, the hardships are not the result of any prior action of the applicant.

The existing lots are oddly shaped and remain so after the lot line reconfiguration.

Three, the granting of the requested variants will not alter the general characteristic of the surrounding area or impair the intent or purpose of this chapter or the comprehensive plan on one upon which this chapter is based.

The planning commission considers the area as a whole when determining the mix of residential and commercial in the corridor.

There is significant commercial development along the entire frontage of this area, which helps to meet the intent of the ordinance.

The subject application also includes a commercial plaza, bank building, and vacant post road zone for future development.

B, as it relates to the first floor residential use, the existing and proposed stormwater measures along the frontage of the property lessens the need to accommodate pedestrian traffic to support any first floor commercial uses as stipulated.

The vacant proposed lot 52 fronting on post road will accommodate future commercial development to further support the commercial needs of the area.

C.

The building as designed generally meets the post road design guidelines and are largely set back off the road right of way.

Design fits with the surrounding character of post road district.

The applicant shall consider adding more architectural features such as articulated roof lines to be more can be more consistent with the post road design guidelines.

And two, the proposed roof is intended to accommodate the mechanicals.

D, the proposed residential use is in keeping with the abutting residential uses.

And E, the additional height and stories will accommodate the 96 units or allowed by base density in the post road distance district.

A density variance is not being sought.

Four, in granting the dimensional variance, the hardship suffered by the owner of the subject property.

If that dimensional variance is not granted amounts to more than a mere inconvenience, meaning that the relief sought is minimal to the reasonable enjoyment of the permitted use to which the property is proposed to be devoted.

The fact that the use may be more profitable or that the structure may be more valuable after relief is granted is not grounds for the relief.

The proposed layout provides for better site circulation, placement of the stormwater measures, and results in less impervious surface.

The proposed layout is predicated on the siting of the stormwater measures.