Newport Daily News: Middletown OS Zoning

Newport Daily News online 12.28.06

By Matt Sheley/Daily News staff

Albro Woods and Howland Park are popular Middletown recreation spots, but both open-space parcels actually are zoned residential.

While there are no plans to transform either park into Middletown's latest housing development, local leaders said a proposal to update the zoning on those spots and several others could help keep them undeveloped forever.

The town is considering a plan to amend the zoning on more than a dozen parks and open spaces to reflect their current use instead of their designation as residential or commercial development zones.

A public hearing on the matter is expected during the Town Council's Feb. 5 meeting, according to Town Clerk Barbara Nash. If not, such a hearing likely would be held during the council's Feb. 20 session.

"What we're seeing on quite a few town-owned properties is the zoning lags behind what they're being used for," Town Planner Ronald M. Wolanski said. "This will help correct that situation and will add a layer of protection if there's a proposal to use the land for something else other than open space or public purposes."

Preserving open space across the community has become a priority in Middletown in recent years, with voters approving during the last three elections more than $5 million in bonds to help finance that campaign.

Through partnerships with the Aquidneck Land Trust, the town has obtained and preserved several parcels, most recently Paradise Park and an adjoining Diocese property at the corner of Paradise and Prospect avenues and the Sweet Flag Partners parcel at the end of Haymaker Road.

For some parcels - such as the Kempenaar Valley between High Street and Valley Road - there are specific plans, but most are expected to remain "as is," places the community can go visit and enjoy.

In May, the council approved a policy governing the handling of open-space sites, one that requires the town to exhaust all other possibilities before using such spots for non-open space projects. The policy also mandates that Middletown replace any open-space land lost with similar property in another part of the town. A public hearing about taking a parcel out of open space also must be held.

Those rules were brought about in reaction to the decision to make the former Kempenaar Christmas tree farm on Valley Road the home for the town's new $8 million police station. When the town received the eight-acre parcel from the Kempenaars in July 1997, the area was deeded to be used as a park, but the family waived that restriction this year when the site emerged as the most viable for the police station.

Properties such as Albro Woods on Mitchell's Lane and Howland Park - where Mitchell's Lane and Third Beach and Wapping roads intersect - would be set aside for open space along with Demery Park on Riverview Avenue and the Wyatt Road soccer fields, among others.

A property's zoning determines what can be built there. For instance, if an area is zoned residential, it is suggested that the property be used for home construction. To deviate from that use, some development is prohibited - like construction of a concrete plant in a residential zone - while others can move forward with a special-use permit.

Wolanski said the Planning Board recently approved the rezone proposal and forwarded its recommendation to the council for review.

Town Administrator Gerald S. Kempen spoke highly of the proposed open-space rezoning plan, saying it would be a good move for the town.

"It's clear in a number of instances that the zoning needs to catch up with what these properties are actually being used for," he said. "Over the years, the town has acquired a number of different properties through various means and the zoning has not changed."


	Open space areas need right zoning, Middletown officials say Newport Daily News online 12.28.06 By Matt Sheley/Daily News staff Albro Woods and Howland Park are popular Middletown recreation spots, but both open-space parcels actually are zoned residential. While there are no plans to transform either park into Middletown's latest housing development, local leaders said a proposal to update the zoning on those spots and several others could help keep them undeveloped forever. The town is considering a plan to amend the zoning on more than a dozen parks and open spaces to reflect their current use instead of their designation as residential or commercial development zones. A public hearing on the matter is expected during the Town Council's Feb. 5 meeting, according to Town Clerk Barbara Nash. If not, such a hearing likely would be held during the council's Feb. 20 session. "What we're seeing on quite a few town-owned properties is the zoning lags behind what they're being used for," Town Planner Ronald M. Wolanski said. "This will help correct that situation and will add a layer of protection if there's a proposal to use the land for something else other than open space or public purposes." Preserving open space across the community has become a priority in Middletown in recent years, with voters approving during the last three elections more than $5 million in bonds to help finance that campaign. Through partnerships with the Aquidneck Land Trust, the town has obtained and preserved several parcels, most recently Paradise Park and an adjoining Diocese property at the corner of Paradise and Prospect avenues and the Sweet Flag Partners parcel at the end of Haymaker Road. For some parcels - such as the Kempenaar Valley between High Street and Valley Road - there are specific plans, but most are expected to remain "as is," places the community can go visit and enjoy. In May, the council approved a policy governing the handling of open-space sites, one that requires the town to exhaust all other possibilities before using such spots for non-open space projects. The policy also mandates that Middletown replace any open-space land lost with similar property in another part of the town. A public hearing about taking a parcel out of open space also must be held. Those rules were brought about in reaction to the decision to make the former Kempenaar Christmas tree farm on Valley Road the home for the town's new $8 million police station. When the town received the eight-acre parcel from the Kempenaars in July 1997, the area was deeded to be used as a park, but the family waived that restriction this year when the site emerged as the most viable for the police station. Properties such as Albro Woods on Mitchell's Lane and Howland Park - where Mitchell's Lane and Third Beach and Wapping roads intersect - would be set aside for open space along with Demery Park on Riverview Avenue and the Wyatt Road soccer fields, among others. A property's zoning determines what can be built there. For instance, if an area is zoned residential, it is suggested that the property be used for home construction. To deviate from that use, some development is prohibited - like construction of a concrete plant in a residential zone - while others can move forward with a special-use permit. Wolanski said the Planning Board recently approved the rezone proposal and forwarded its recommendation to the council for review. Town Administrator Gerald S. Kempen spoke highly of the proposed open-space rezoning plan, saying it would be a good move for the town. "It's clear in a number of instances that the zoning needs to catch up with what these properties are actually being used for," he said. "Over the years, the town has acquired a number of different properties through various means and the zoning has not changed."