§ 260-44

Area of Planning Concern Overlay District (APC)

A. Purpose. The purpose of this section is to create an overlay district in which additional review guidelines shall be considered. Based on the Comprehensive Plan Land Use element, the areas designated within this overlay district may have a greater impact on the community as a whole or the immediate surrounding neighborhoods if left to private development or redevelopment. New construction, substantial alteration, or a change in use within the Area of Planning Concern Overlay District shall be subject to a review by the Area of Planning Concern Review Committee. "Substantial alteration" is defined as an enlargement by 50% or more.
B. Overlay district. The Area of Planning Concern Overlay District (APC) is hereby established and construed as an overlay district. Within the APC all regulations of the underlying district(s) shall continue to be in full force and effect, except where these regulations supersede such underlying requirements or provide alternatives to such requirements.
C. The Area of Planning Concern Review Committee shall consist of seven members: the Planning Board Chairman; a Planning Board member, other than the Chairman, appointed by a vote of the Planning Board; the Chairperson of the Land Trust, or designee; the Zoning Enforcement Officer; the Town Engineer; the Town Administrator, or designee; and the Town Planner.
D. The Area of Planning Concern Review Committee shall have the authority to recommend site-specific guidelines to the permitting authority reviewing the proposed project. The APC recommendations may be incorporated as conditions of approval. These guidelines should ensure that new construction, substantial alteration, or change in use is developed in a manner consistent with the Comprehensive Plan. These guidelines shall be specific and objective. These guidelines are part of this chapter and are embodied in Subsection G of this section. These guidelines shall be adopted in a manner consistent with Article XVII.
E. The Area of Planning Concern Committee shall adopt regulations governing the procedural conduct of the Committee's meetings. The presence of five members shall be required for a quorum. Meetings are not required to be set at regular intervals. Notice of a meeting shall be made at least 14 days prior to the date of the meeting. The applicant shall bear all costs of notification. At a minimum, such notification shall consist of a newspaper advertisement and letters to property owners located within 200 feet of the proposed project. Meetings shall be open to the public and the Committee may hear testimony and opinion from the applicant and members of the public.
F. Applicants to the Committee shall provide nine copies of site plans and other materials or forms that may be reasonably required by the Committee.
G. Guidelines. The guidelines for the Area of Planning Concern District are as follows:
- (1) Lincoln Mall Area (Assessor's Plat 31; Lots 36, 38, 39, 40, 41, 42, 44, 45, 164, 165, 166, 167, 169, 197, Assessor's Plat 41; Lots 1, 7, 9, 10, 11, 12, 18A, 19, 51, 54, 57, 60, 61, 63, 67, 71, 72, 73, 74). This area includes both the mall and the land surrounding it to the east and west. Given its proximity to the highway, this area should attract creative proposals that will integrate the mall with adjoining land uses. Development standards for this area are described below:
  - (a) The current use of the Lincoln Mall site should be continued and encouraged.
  - (b) Proposed developments shall strive to continue and enhance the overall design theme of the district. Consideration shall be given to building architecture, landscape elements, and sign design.
  - (c) Proposed developments shall strive to preserve an adequate amount of undeveloped or properly landscaped areas within the project. A landscape design plan for the project is encouraged.
  - (d) The portion of Albion Road lying to the north and east of the mall should be encouraged to contain uses that will be compatible with the mall and will be advantageous for the mall to allow direct access via the mall's current easterly entrance drive.
  - (e) Proposed developments abutting the Albion Road neighborhood shall strive to protect the existing residential neighborhood.
  - (f) Proposed developments shall strive to reduce erosion and sediments by the retention of existing vegetation and the minimization of development on steep slopes. Use of new innovative engineering methods are encouraged.
  - (g) Proposed developments should not increase the traffic impact on nearby areas. Designs to reduce the negative impacts of existing or proposed traffic are encouraged.
  - (h) Proposed developments shall not increase the light impact on nearby areas.
- (2) Twin River Casino: (Assessor's Plat 42; Lots 24, 25, 28, 29, 30, 41, 47, 48, 49, 50.)
  [Amended 9-15-2015 by Ord. No. 2015-10]
  - (a) This site has been utilized for a casino gaming use since 1992, with the introduction of video lottery terminals. In turn, the site was recreated as the "Twin River Casino" with a completion of the reconstruction and a full complement of video lottery terminals in 2007. Moreover, table games were allowed by the voters pursuant to the 2012 Referendum. In addition, the General Assembly has enacted recent legislation to remove the prohibition on the construction and operation of a hotel at or in close proximity to the Twin River Casino and that such use shall remain subject to all of the Town of Lincoln's land use regulations and ordinances. As such, development of what is now the Twin River Casino site may be allowed as an accessory by right to the casino gaming and entertainment use, as subject to the Town of Lincoln Land Use Regulations and subject to Subsection G(2)(b) through (f), below.
  - (b) Buffering of the surrounding land uses should be of primary consideration.
  - (c) Proposed development shall not increase the traffic impact on nearby neighborhoods. Any significant traffic impacts caused by an enlargement, expansion, or reuse of Lincoln Park should be properly mitigated.
  - (d) Proposed development shall not increase the light impact on nearby neighborhoods.
  - (e) Proposed development shall not increase the noise impact on nearby neighborhoods.
  - (f) Development should be of the most benefit to the Town in terms of taxes and jobs.