Development standards for general business (GB) development
This designation is characterized by nodes for commercial establishments to provide town-wide shopping and service needs. These may include retail, service, office and related activities, residential and municipal uses.
(1) Purpose. The purpose of this section is to provide a procedure for the evaluation and approval of new integrated general business developments. The regulations are intended to promote developments which are compatible with surrounding areas and which incorporate buffers or transition areas to reduce potential negative impacts on agricultural or single-family residential areas. The regulations are intended to encourage a mixture of compatible uses to create a sustainable and attractive environment for a wide variety of trades and businesses. The regulations are intended to be flexible, to allow for innovative design techniques, to accommodate unique land uses, and to encourage creative approaches to development issues.
Foster encourages a coordinated design approach for development within the GB district with an emphasis on compatibility with the natural environment and surrounding land uses. This coordinated approach allows for a sufficient mix of uses and accessory uses to create a self-contained or self-sustained development. It allows for planning of a land development project or development plan review and calculation of densities within the surrounding area in addition to on an individual lot-by-lot basis.
A coordinated design approach should:
a. Break up the apparent mass and scale of large structures, and large paved parking areas, in order to ensure that such development is compatible with and does not detract from Foster's character, scale, and sense of place;
b. Help integrate multi-use development with its surroundings;
c. Promote and facilitate a safe and comfortable pedestrian scale environment;
d. Encourage a mixture of uses and sizes of structures; and
e. Provide safe and accessible parking areas, allowing for safe pedestrian movement.
It is anticipated that public officials will have considerable involvement in determining the nature of the development through the development plan review process, which will include consideration and application of aspects of both the Foster land development and subdivision regulations and the Foster zoning ordinance.
Where the requirements of any part of this section may conflict with any other section of the Foster land development and subdivision regulations or the Foster zoning ordinance, this section shall prevail as to, or for, the general business development.
(2) Applicability and procedure.
a. General business developments are permitted in GB zones as set forth in article III and article IV of this zoning ordinance with the approval of and subject to possible conditions and restrictions imposed by the planning board or zoning board of review pursuant to this section.
b. No general business development shall be undertaken nor any portion of such development be constructed until a plan for such development has been approved by the planning board in accordance with the procedures established by subsection (2)(d) of this section:
c. Compatibility and interrelation of uses within the general business developments and coordination of traffic, utilities, parking, public wells, stormwater management, security, onsite wastewater treatment systems, storage, architecture, open space, infrastructure, and other needs, as well as the entire development's impact on the surrounding area and roadways mandate that the development be considered according to the procedures set forth in subsection (2)(d) of this section and approved, if appropriate, and developed as a whole. Phasing of construction may be permitted, as set forth in the land development and subdivision regulations, or as required by the planning board. Improvement guarantees shall be required as set forth in article VIII of the land development and subdivision regulations.
d. Under this section, unless reviewed as a minor land development pursuant to G.L. § 45-23-32(19) and section 32-161 or waived pursuant to G.L. § 45-23-50(b), an application for a change of use, commercial or mixed use in the GB district shall follow procedures for formal or administrative development plan review, according to section 38-191 and either section 38-394 or section 38-395.
An application for a residential use exceeding a single-family residence shall be reviewed as minor land development. If the application exceeds the standards for minor land development review, the application shall be reviewed as a major land development. Subdivisions shall be reviewed as minor or major subdivisions depending on the number of buildable lots created.
(3) Single-family dwelling exemption. Notwithstanding the foregoing, development of new single-family dwellings or exterior alterations, exterior additions and exterior changes, if made to a single-family dwelling, shall be exempt from the regulations of this section.
(4) Additional site plan requirements. In addition to the site plan requirements of the applicable review section as listed in subsection (2)(d) of this section, the following materials shall be included in the application.
a. Existing and proposed planting, landscaping and screening, which shall show the location, dimension and arrangement of all open spaces and yards, including type and size of planting materials, methods to be employed for screening and proposed grades and a plan for maintenance;
b. Location, type, size and dimension of existing trees, rock masses and other natural features with designations as to which features will be retained;
c. Dimension and location of existing and proposed buildings and structures;
d. Existing topography, including any proposed grade changes;
e. Parking areas and facilities, traffic circulation, driveways, loading areas, access and egress points;
f. Storm drainage, including direction of flow and means of ultimate disposal. Stormwater drainage runoff calculations used for the drainage system design shall be prepared by, a registered professional engineer and must support the sizing of all drainage structures and pipes and demonstrate compliance with the Stormwater Management, Design, and Installation Rules (250-RICR-1 50-10-8) adopted and as amended from time to time by the Rhode Island Department of Environmental Management;
g. Provisions for sanitary sewerage and water supply, including fire protection measures;
h. Location of all utilities, signage, outdoor storage and trash disposal areas;
i. Location and description of any proposed disturbance to existing vegetation, or alteration of natural or historic features, which are proposed in relation to temporary access, utility installation, or other aspects of construction, including provisions for site restoration.
(5) Minimum land area.
a. A planned unit development shall consist of not less than 50,000 square feet of land area which may be developed into mixed use and commercial units as set forth in article II; and subsection 38-131(3); of Foster's zoning ordinance.
b. Once a planned unit development has been approved, all land area shown on the plan submitted as part of said planned unit development application, including those areas designated as reserved for future development, shall be dedicated to the development and may not be withdrawn from said development plan or devoted to any other use without the express written consent of the planning board. The board may allow subsequent withdrawal of land from a development, after an appropriate hearing, when such withdrawal will not violate the purpose and intent of this chapter or impair the previously approved plan.
(6) Uses.
a. Generally.
1. Uses are categorized as "permitted use," "administrative development plan review," "land development project," "formal development plan review," "special use permit," and "prohibited use." The planning board or administrative officer may, at its sole option, impose conditions on any development plan approval; on any land development project approval; or on any special use permit or variance requiring approval under chapter 32 or development plan review.
2. Designation as a special use, development plan review use or a land development project does not constitute an authorization or an assurance that such use will be permitted without conditions within the planned development. Rather, each application for a special use development plan review use or a land development project shall be evaluated as to its internal consistency with the intent of the proposed GB development, and its probable effect on the intent of said development, the adjacent property, the neighborhood, and on the town; and may be approved or denied as the findings of fact indicate appropriate.
3. Nothing herein contained shall preclude the planning board from requiring multiple conditions for a proposal or from granting one or more special uses, development plan review uses or land development project uses upon the implementation or completion of one portion of a project, during the master plan, preliminary plan, and/or final plan review stages of the application for a planned development or during the special use permit review of the application, as appropriate. Unless phasing of construction is permitted as referenced in subsection (2)(c) of this section, the development must be completed as a whole according to the final planning board approval for a planned development.
4. Items to be considered when evaluating a special use development plan review or land development project include, but are not limited to, the following:
i. The desired use will not be detrimental to the intent of the planned unit development or to the surrounding area;
ii. It will be compatible with existing and proposed uses within the planned unit development, as well as neighboring land uses;
iii. It will not create a nuisance or a hazard in the neighborhood;
iv. Adequate protection is afforded to the surrounding properties by the use of open space and plantings, or by decorative fencing;
v. Safe vehicular access and adequate parking are provided, and use of pervious surfaces is encouraged;
vi. Control of noise, smoke, odors, lighting, and any other objectionable feature is provided;
vii. Solar rights of the abutters are provided for;
viii. Architectural compatibility within the development and with the surrounding area is illustrated;
ix. The proposed conditional use will be in conformance with the purpose and intent of the comprehensive plan and the zoning ordinance of the Town of Foster;
x. The health, safety, and welfare of the community are protected;
xi. Shared parking/curb cuts or joint use is encouraged, and for some uses may be required, where it is likely that occupants of a vehicle would visit more than one use within a development before departing;
xii. Certain parking requirements may be waived, provided that adequate and safe parking is still provided;
xiii. Applicant shall demonstrate how the development will utilize shared parking, and shall show all calculations for such parking on the proposed site plan as required under the Foster zoning ordinance for such parking.
5. Before being granted a special use permit, land development project or development plan review by the zoning board of review or the planning board, the applicant must show how its application complies with article VII of this chapter, article IX of this chapter, article VIII of this chapter, article V of chapter 32 and/or article VI of chapter 32 in Foster's zoning or subdivision ordinance, whichever is applicable.
b. Mixed uses. Nothing contained in this section shall be construed to prevent or discourage the institution or maintenance of two or more uses on any one lot or within any one building in a general business development and a mix of compatible uses are to be encouraged throughout a general business development.
(7) Decision. Development standards for general business approval shall be granted upon the determination of the planning board that the application meets the objectives cited herein. The planning board may impose reasonable conditions at the expense of the applicant, including performance guarantees, to promote these objectives. Any new building construction or other site alteration shall provide adequate access to each structure for fire and service equipment and adequate provision for utilities and stormwater drainage consistent with the functional requirements of this chapter and chapter 32, subdivision regulations. New building construction or other site alteration shall be designed after considering the qualities of the specific location, the proposed land use, the design of building form, grading, egress points and other aspects of the development, so as to:
a. Minimize the volume of cut and fill, the number of removed trees six-inch caliper or larger, the length of removed stone walls, the area of wetland vegetation displaced, the extent of stormwater flow increase from the site, soil erosion and threat of air and water pollution;
b. Maximize pedestrian and vehicular safety on the site and egress to and from the site;
c. Minimize obstruction of scenic views from publicly accessible locations;
d. Minimize visual intrusion by controlling the visibility of parking, storage or other outdoor service areas viewed from public ways or premises residentially used or zoned;
e. Minimize glare from headlights and lighting intrusion;
f. Minimize unreasonable departure from the character, materials and scale of buildings in the vicinity, as viewed from public ways and places;
g. Minimize contamination of groundwater from on-site wastewater disposal systems or operations on the premises involving the use, storage, handling or containment of hazardous substances; and
h. Ensure compliance with the provisions of this section, including parking, landscaping, exterior lighting and noise.
(8) Post-approval modifications. Once development standards for general business approval have been granted by the planning board, any subsequent changes in which the zoning enforcement officer has determined will substantially affect or alter the visual appearance of the building facade or roof or will substantially affect or alter traffic flow or modify the site plan, a new application shall be submitted pursuant to this section.
(9) Expiration. The approval of a plan meeting the development standards for general business approval shall expire pursuant to timeframes provided under the type of review which the plan was reviewed.
(Ord. of 9-9-2010, art. VIII, § 3; Ord. of 4-28-2016; Ord. of 2-8-2024(12))
Editor's note— An ordinance adopted Feb. 8, 2024 amended the title of § 38-357 to read as herein set out. The former § 38-357 title pertained to development standards for general business mixed use (GBM) development.