Providence City Council Meeting |Committee on Ordinances Public Hearing| April 24th 2024

April 24, 2024

Call to Order and Roll Call

05:49 - 06:26

Chairman Espinal called the Committee on Ordinances meeting to order and the clerk conducted the roll call. A quorum was established with three members present.

Item 1: Zone Change Petition for 748 Atwells Avenue

06:26 - 13:55

The committee considered a petition from Luis Olmo to rezone 748 Atwells Avenue from R-3 to R-4 to allow an additional basement dwelling unit. Following planning staff remarks and petitioner testimony, the public hearing was closed and the petition was approved.

Item 2: Zone Change Petition for 171 Admiral Street

13:55 - 27:12

A petition was reviewed requesting a zone change from R-3 to R-4 to construct a multi-family apartment building on Admiral Street. After hearing testimony from the petitioner's representative and public comments regarding density, the committee approved the rezoning.

Item 3: Zone Change Petition for 125 Toby Street

27:12 - 44:38

The committee reviewed a petition to rezone 125 Toby Street from R-3 to R-4 for a 14-unit affordable residential building. An amendment prohibiting short-term rentals was adopted, and the petition was approved as amended.

Item 4: Zone Change Petition for 62-64 America Street

44:38 - 01:28:07

A petition was presented to rezone 62-64 America Street from R-3 to R-4 for a multi-family residential building, which drew extensive public testimony concerning neighborhood density and parking impacts. An amendment prohibiting short-term rentals was adopted, and the committee voted to continue the item for a vote at a later date.

Item 5: Zone Change Petition for 20 America Street

01:28:07 - 01:49:07

The committee reviewed a petition to rezone 20 America Street from R-3 to R-4 to allow construction of a 24-unit apartment building on a currently vacant lot. After amending the petition to prohibit short-term rentals and hearing public testimony, the committee voted to continue the item for a vote at a later date.

Item 6: Zone Change Petition for 702, 706, and 710 Potters Avenue

01:49:07 - 01:58:00

Julissa Arce presented a petition on behalf of Boise Fortes to change the zoning for three Potters Avenue lots from R-3 to M-MU-75 to permit the expansion of an existing plumbing and auto repair business. With favorable recommendations from planning and no opposition, the committee voted to approve the petition.

Item 7: Zone Change Petition for Pocasset Avenue and Lowell Avenue

01:58:00 - 01:59:47

The committee considered a petition on behalf of JVAC LLC requesting a zone change from R-3 to C-2 for multiple parcels along Pocasset Avenue and Lowell Avenue. A motion was made and passed to keep the public hearing open and continue the item to June 25.

Item 8: Zone Change Petition for 239 Cranston Street

01:59:47 - 02:12:19

Jennifer Cervenka presented a petition on behalf of the Providence Community Health Centers to rezone 239 Cranston Street from R-3 to C-2 to accommodate a 3,300-square-foot clinic expansion. The committee reviewed site plan details and voted unanimously to approve the zone change.

Item 9: Zone Change Petition for 400-410 Hope Street

02:12:19 - 02:43:14

A petition on behalf of Meow Mix LLC sought a rezoning of 400-410 Hope Street from R-3 to C-1 to allow City Kitty veterinary clinic to expand into adjacent ground-floor space. Following discussions with neighborhood residents and Ward 3 Councilor AnderBois, the committee approved the petition with an agreed substitute limiting permitted commercial uses.

Item 10: Zone Change Petition for 57, 61, 65, and 69 Anchor Street

02:43:14 - 02:44:48

The committee took up a petition for a zone change from R-3 to R-4 across several parcels on Anchor Street. Following a formal request, the committee closed the public hearing and voted to continue the item indefinitely.

Item 11: Zone Change Petition for 95, 101, and 105 Dedham Avenue

02:44:48 - 03:05:26

Attorney John Garrahee presented a continued petition to rezone three lots on Dedham Avenue from R-1 to R-2 to permit two-family dwellings, while an abutting neighbor testified in opposition citing density and loss of greenspace. Following the public hearing and discussion, the committee voted to approve the zone change.

Adjournment

03:05:26 - 03:05:43

With all calendar business concluded, a motion to adjourn was made, seconded, and approved. The meeting was officially adjourned at approximately 11143 seconds.

Unknown

05:49 - 06:08

Start. Madam clerk, are we ready? Alright. Good evening, and welcome to committee and ordinance. Today is Wednesday, April 24 and the time is 05:35.

Unknown

06:08 - 06:10

Madam clerk, roll call please.

Unknown

06:11 - 06:12

Chairman Espinal.

Unknown

06:12 - 06:13

Present.

Unknown

06:13 - 06:15

Vice chairwoman Peterson.

Shelley Peterson

06:15 - 06:15

Present.

Unknown

06:15 - 06:19

Councilwoman Harris is absent. Councilman Oscar Vargas?

Unknown

06:19 - 06:20

Present.

Unknown

06:20 - 06:25

Councilor Royas is absent. You have three present and two absent. You have a quorum.

Unknown

06:26 - 06:30

Thank you. Alright. First item on the agenda, please.

Unknown

06:32 - 06:44

Item number one is a petition from Luis Olmo requesting a zone change for the property located on Assessor's Plat 62, Lot 212748, Atwells Avenue from R 3 to R 4.

Unknown

06:45 - 06:52

Thank you. We also have an exhibit for this item. So I'll entertain a motion to enter into the record exhibit one a.

Unknown

06:52 - 06:53

So moved. Thank you.

Unknown

06:53 - 07:00

Excellent. Motion is made by counselor Peterson, second by counselor Vargas. All in favor, aye.

Unknown

07:00 - 07:00

Aye.

Unknown

07:00 - 07:11

Both the ayes have it. Thank you. Alright. Do we have anybody from City Planning Commission, please? Mister Aza?

Unknown

07:18 - 07:59

Good afternoon, Mr. Chairman of the Good afternoon. Robert Azar with the Providence Department of Planning and Development. I'm here to tell you about the city plan commissions recommendations in this and all the subsequent zoning petitions. This piece of property on Atwells Avenue is a house with multiple units in it and the owner is seeking to add a unit and is requesting rezoning to the R four zoning district that would allow that additional unit.

Unknown

08:01 - 08:42

The City Plan Commission found this to be consistent with the comprehensive plan and the purpose of zoning. However, they did express concerns about the existing condition of the site. There is an awful lot of pavement, more than what is allowed under the zoning ordinance. And there is not enough tree canopy on the site to meet the ordinance. So the recommendation by the Commissioner was that prior to this public hearing that the applicant fence off the parking area to separate it from the dwelling and also that the applicant shall meet the canopy coverage requirement under the supervision of the city forester.

Unknown

08:43 - 09:04

I can't verify whether those conditions have been met. So perhaps that might be something you'd want to ask the petitioner about. I would say if that hasn't been done, then at the very least this should not be put on the full council docket for a vote until those conditions have been met. That would be my recommendation.

Unknown

09:04 - 09:11

Thank you, Ms. Taser. You're welcome. Do we have anybody representing the petitioner?

Unknown

09:32 - 09:32

Good

Unknown

09:32 - 09:34

afternoon. Good evening.

Unknown

09:37 - 09:40

Thank you mister chair and city council members.

Unknown

09:40 - 09:42

Can you please state your name and

Unknown

09:42 - 09:57

Sorry. Address for the Louis Olmo. Thank you. I am the owner of 748 At Wells Avenue. I am here today to request rezoning from an r three to a r four as a three family dwelling unit.

Unknown

09:57 - 10:26

Sits on the lot with potential for a basement unit. Currently, the basement has two entrances, very spacious with high ceilings. The location of the property is within walking distance of transportation, restaurants, banks, grocery stores, local bakeries, etcetera. I believe the current configuration of the house is not being fully utilized to its true potential, thereby meaning it can easily support another unit. There is no secret.

Unknown

10:26 - 10:56

The city of Providence has an ongoing housing crisis and there is a demand for units. With this zone change, this can be the first step in combating that issue. In addition, prior to this hearing, I have hired an architect to have a vision of how the basement unit will look once finalized and can provide those sketches upon request. Lastly, I will work with the city to pull any and all necessary permits to conform to the r four zoning requirements.

Unknown

10:58 - 11:04

Thank you. There was also a couple of requirements. I'm sure you heard mister Ayesa. Have those been met?

Unknown

11:04 - 11:07

Yes. By the city forester, I got approval of that.

Unknown

11:08 - 11:11

Mister Ayesa, we have any way of verifying that?

Unknown

11:51 - 12:25

Alright. Mr. Chair, the petitioner does have a letter from the city forester that approves of the landscaping plan and he has a plan to fulfill the first condition about the fence. What I would suggest is that you can move this forward to the council, but don't schedule it for a vote of the full council until he can fulfill both of those conditions which would be the planting and the fencing. He should be able to do that this spring pending his ability to secure a contractor.

Unknown

12:28 - 12:53

Thank you, miss Days. Thank you, Lewis. Has anybody else signed up to speak in favor or against this proposal, this item, item number one? City sergeant, do we have anybody that signed up? Alright.

Unknown

12:54 - 13:21

Thank you. Thank you, madam clerk. With that said, I'll entertain a motion to close the public hearing on item number one.

Unknown

13:21 - 13:22

So moved.

Pedro Espinal

13:22 - 13:26

Motion is made by councilor Peterson, second by councilor Vargo. All in favor, aye.

Unknown

13:26 - 13:26

Aye.

Pedro Espinal

13:27 - 13:38

You guys have it. This concludes this public hearing.

And following the guidelines and direction of the City Planning Commission, I'll entertain a motion to approve.

Shelley Peterson

13:38 - 13:38

So moved.

Pedro Espinal

13:38 - 13:43

Motion is made by Councilor Peterson and second by council member Vardka. All in favor, aye.

Unknown

13:43 - 13:43

Aye.

Unknown

13:43 - 13:53

Opposed? The ayes have it. And item number one is approved. I also like to acknowledge councilor Royas who has joined us. Thank you, mister Royas.

Unknown

13:55 - 13:58

Madam clerk, item number two, please.

Unknown

13:59 - 14:19

Item number two is a petition from Dylan Conley, Esquire, Conley Law Associates, 123 Dyer Street, Suite 2 B, Providence, Rhode Island, 02903, requesting a zone change for the property located on Assessor's Plat 76, Lot 425171 Admiral Street from R 3 to R 4.

Pedro Espinal

14:20 - 14:24

Thank you. I'd to turn a motion to enter into the record exhibit two a.

Shelley Peterson

14:24 - 14:25

So moved.

Pedro Espinal

14:25 - 14:30

Motion is made by councilor Peterson and second by councilor Vargas. All in favor, aye.

Unknown

14:30 - 14:37

Aye. Opposed, the ayes have it. Exhibit 2A is now part of the record. Mr. Azar, please.

Unknown

14:44 - 15:13

Thank you, Mr. Chair. This is a piece of property on Admiral Street. It is a major thoroughfare and it has areas of commercial zoning, residential zoning of medium and high density. This petition would change this property from R three to R four so that the petitioner can build a small apartment building.

Unknown

15:13 - 15:25

The city plan commission found this to be consistent with the comprehensive plan and the purposes of zoning. And they unanimously voted to advise the council to approve this zoning change.