PROPOSED HOTEL RESORT DISTRICTCENTRAL STUDY AREA

ECONOMIC DEVELOPMENT COMMITTEE DISCUSSION

November 19, 2009Presentation Available At:

http://dennismaplanningdept.wordpress.com

Some History

Some History

1893 USGS Map 1943 USGS Map

This part of Dennisport appears to have started to develop at some point between 1893 and 1943.

Some History

Just when the development began is debatable. In the 1930’s it would appear it was more of a campground. Town historians and local planning documents highlight the cottages as being a post-WWII phenomenon. Either way, the area has a long traditions to those whose families have been coming here for all these years.

Some HistoryA question has arisen about the applicability of the town’s Demolition Delay By-law. As these photos illustrate, the area appears to have been pretty void of structures in the 1930’s. “America from the Great Depression to World War II: Photographs from the FSA-OWL 1935 – 1945″ Collection

Some History

Town Regulations, Planning Documents and Zoning Regulations all weave a complex set of controls that need to be understood, and will need to be addressed as we proceed.

General By-laws

• May 7, 1937 Town Meeting Article 23 establishes General By-law Chapter 164 first Town of Dennis restrictions on Tourist Camps. Restrictions include:– Permit required from Board of Selectmen– Site plan required as part of permitting– “Camp Sites” (units in the by-law) must provide 600

sf of land area for each cabin, camper or tent– Length of stay restricted to 90 days in any 6 months

• March 3, 1959 Town Meeting adopts requirements for Trailer and Trailer Parks as Chapter 169 of the Town General Laws

• March 10, 1965 Town Meeting adopts Article 65 amending Chapter 169 establishing a prohibition on new trailer parks and expansions of existing trailer parks in Precinct 3 south of Route 28 (Dennisport)

General By-laws

• March 5 1963 Town of Dennis adopts General By-law Chapter 161 prohibiting the creation of new tent oriented campgrounds. Existing ones, then licensed by the Board of Health allowed to remain.

General By-laws

As the preceding illustrates, long before the first Local

Comprehensive Plan or Town-wide Zoning By-law, the town sought to

regulate and restrict the uses found in this part of town.

• 1968 Local Plan, promote South Coast Tourism

• 1975 Local Plan, concentrate hotels in Resort Residential Area

• 2002 Local Plan, maintain and support “visitor” industry; extend tourist season in spring and fall; promote off-season uses of seasonal facilities

Planning Documents

ZONING HISTORY

• Prior to 1973 (i.e. 1951 to November 15, 1973) – Unrestricted Area, Allowed all Residential Uses that were Allowed in the Residential Zones and Any Business Legal In the Commonwealth

ZONING HISTORY

• 1973 Comprehensive Zoning– Area Zoned as “Resort Residential”– Resort Residential district intent “To provide

sites for seasonal resource oriented resorts within a seaside residential environment.”

ZONING HISTORY

• 1973 Comprehensive Zoning– Cottage Colony identified as a “N” in all Zoning

Districts– Mobile Homes or Trailers for Human Habitation

identified as a “N” in all Zoning Districts– Campground identified as a “N” in all Zoning Districts– Hotel, Motel or Motor Court identified as a “Y” in the

Resort Residential Zoning District

ZONING HISTORY

• 1973 Comprehensive Zoning– Other uses allowed by-right included:

Farms, single and two family homes, schools, religious uses, municipal uses, home occupation, sale of produce, camper storage, boat storage (by resident), lodging of not more than 6 guests, dock, boat house, stables

ZONING HISTORY

• 1973 Comprehensive Zoning– Other uses allowed by Special Permit included:

multi-family homes, cluster housing development, cemetery, nursing home, institutional uses, par 3 golf, beaches, picnic areas, outdoor and indoor recreation, boat clubs, gift shops, restaurants, marine uses, transportation uses and public utilities

ZONING HISTORY

• 1973 Comprehensive Zoning– Basic requirements hotels:

• 20,000 sf lot size plus 1,000 sf per room• 150 foot lot width• 30 foot front setback• 15 foot side and rear setback• 25% lot coverage• 35 feet, 2 stories

ZONING HISTORY

• 1984 Re-Zoning– Area Zoned as “Resort Residential”– Resort Residential district intent “To provide sites for seasonal

resource oriented resorts with special attention to preserving the value of land and enhancing the existing vegetation, visual landscape, and amenities with consideration of neighboring properties, and to conserve the value of existing structures and building s with good period design, recognizing the value of recycling old structures and buildings for future generations with good period design, thereby retaining the character of the area,

the town and the quality of a rural seaside New England village.”

ZONING HISTORY

• 1984 Re-Zoning– Cottage Colony identified as a “N” in all Zoning

Districts– Mobile Homes or Trailers for Human Habitation

identified as a “N” in all Zoning Districts– Campground identified as a “N” in all Zoning Districts– Hotel, Motel or Motor Court identified as a “Y” in the

Resort Residential Zoning District

ZONING HISTORY

• 1984 Re-Zoning– Other uses allowed by-right included:

Farms, single and two family homes, schools, religious uses, home occupation, sale of produce, camper storage, boat storage (by resident), lodging of not more than 3 guests, dock, boat house, stables

ZONING HISTORY

• 1984 Re-Zoning– Other uses allowed by Special Permit included:

multi-family homes, lodging house, cluster housing development, schools, religious uses, cemetery, nursing home, institutional uses, municipal uses, par 3 golf, beaches, picnic areas, outdoor and indoor recreation, boat clubs, gift shops, restaurants, marine uses, accessory uses for scientific research, and public utilities,

ZONING HISTORY

• 1984 Re-Zoning– Basic requirements hotels:

• 40,000 sf lot size plus 2,000 sf per room• 150 foot lot width• 50 foot front setback• 50 foot side and rear setback• 70% lot coverage• 35 feet, 2 stories (exclusive of roof), flat roof

possible

Permitting• A-242, 1989, “The Board found that the proposed extension to the existing cottage

would be a substantial overuse of the property and would further congest the already intense use of the entire parcel. The Board found that the excessive density of the cottage colony coupled with the peculiar conditions of the coastal baech/sand dune resource preclude prudent expansion of the existing cottage.”

• A-282, 1990, “The Board found that the proposed extension to the existing cottage would be a substantial more detrimental than the existing non-conforming use of the neighborhood and would further congest the already intense use of the entire parcel, would further impede accessibility by emergency equipment and derogate from the spirit and intent of the Zoning By-law.”

• A-1054, 2003 “The Board found that the addition of the deck will also contribute to overcrowding of the property….”

• A-1435, 2009 Public Comment “Due to the overcrowding of Campers Haven in recetn years, allowing larger trailer to replace smaller ones has not only crowded the park itself but also has made an impact on our property.” “I am writing in oppostion to the request by the Campground….” “Obviously from the tone of this letter, you will further recognize that we are not in favor of granting Campers Haven the permits that they are seeking,”

Why Is The Economic Development Committee Interested

In This Area?

• Flooding

• Waste Water Needs

• Control Over Future Land Use Decisions

Flood Risk Area

You might remember seeing this map. It represented FEMA’s first attempt at re-designating the flood risk area in Dennisport. While they have backed off of this for now, planning for this area needs to consider the fact that FEMA still considers this area as “at-risk.” The following two pages explain why it is at risk.

Flood Risk Area

First, this map illustrates the currently proposed flood zone. The yellow line the encompasses the area labeled 9 feet is at or below the expected flood elevation (10 feet for the violet area). This entire area could be subject to flooding, but is not presently being recognized as such on the FEMA maps.

Flood Risk Area

This 9 foot elevation level just happens to line up with the red area that is considered at risk. As we think about the future of this area, we need to recognize the need and desirability to protect the area from flooding.

Flooding and Erosion Are Real Issues

Waste Water

• Waste water is not a zoning, but...• Waste water may impact future decisions

by land-owners.• Any property with generation of 10,000

gallons of waste water per day is subject to a state waste water discharge permit. This requires centralized treatment.

• Title 5 Septic systems do not meet this requirement

Waste Water

• The largest four land parcels in this zoning district includes 439 cottages (774 bedrooms) and 213 recreational vehicles. This equates to over 85,000 gallons of wastewater daily and a leaching area of over 4.5 acres of land.

Control Over Future Land Use

• Current zoning provides a large number of by-right uses, meaning the area could change with limited local control.

• Proposal calls for fewer by-right uses and places many by-right uses under Special Permit Authority

Control Over Future Land Use

• Existing Land Uses and lawfully pre-existing structures are grandfathered. Cottage Colonies, RV Parks, etc. will remain as long as the property owners allow the use to remain.

• Structures constructed or expanded without proper permits and zoning relief place the lawfully pre-existing status into jeopardy.

EDC ZONING PROPOSAL• Hotel Resort Proposal

– Proposed Re-Zoning to “Hotel Resort”– District Purpose:

• (a) To create and protect attractive areas in pleasing and harmonious surroundings to accommodate the needs and desires primarily of visitors, tourists and transient guests.

• (b) To control density and to assure that undue congestion of streets and facilities will not occur.

• (c) To control the organization and design of use and structures to assure that the development will not detract from the natural features and attributes of the surrounding area.

• (d) To insure that physical and visual public access to recreational, historic and scenic areas is maintained and improved.

EDC ZONING PROPOSAL• Proposed Uses Allowed By-Right

– (1) Accessory structures and uses– (2) Home business– (3) Public parks and monuments– (4) Single family detached dwellings– (5) Agriculture, horticulture, floriculture, or viticulture uses over 5 acres as defined

within the first paragraph of Chapter 40A Section 3.– (6) Churches, temples, monasteries and other religious uses as provided for in

Chapter 40A Section 3.– (7) Educational uses as defined by Chapter 40A Section 3.– (8) Nonprofit educational uses; as defined by Chapter 40A Section 3.– (9) Public service corporations as provided for in Chapter 40A Section 3.– (10) Child care facility; as defined in section nine of chapter twenty-eight A and

as provided for in Chapter 40A Section 3.– (11) Family day care home and large family day care home, as those terms are

defined in section nine of chapter twenty-eight A, shall be an allowable use.

EDC ZONING PROPOSAL• Proposed Uses Allowed By

Special Permit– (1) Hotels– (2) Restaurants and food service– (3) Motels– (4) Hotel/Condos as regulated in

Section 10-4.9 below– (5) Marinas– (6) Commercial recreation– (7) Gift shops– (8) Shopping centers– (9) Retail cleaning outlets– (10) Retail Specialty Stores– (11) Convenience stores

– (12) Bars, night clubs and cabaret– (13) Agricultural uses under 5

acres– (14) Day camps– (15) Employee temporary housing– (16) Public utilities and facilities– (17) Theaters and auditoriums– (18) Barber shop and beauty shop– (19) Golf courses– (20) Laundromat– (21) Amusement Arcade– (22) Spa’s– (23) Athletic Clubs– (24) Fairground or Exhibition Area

EDC ZONING PROPOSAL

• Basic requirements hotels:• 25,000 sf lot size/1,000 sf per room• 70 foot lot width• 25 foot setbacks• 70% lot coverage• 2 1/2 stories, 42 feet, pitched roof required

EDC ZONING PROPOSAL

• Basic requirements hotels:• Structured parking allowed to preserve open

areas• Parking requirements reduced• Restrictions on Time Share Uses• Creates Condo-Hotel with restrictions to

promote hotel operation

Some Specific Comments/Insights

• The proposed rezoning provides an opportunity to discuss options for other uses beyond what the EDC has submitted.

• Rezoning does not direct a land owner to change the use of a property

• The town is not preparing to take property by eminent domain.

Some Local Examples

Dennis and surrounding communities have examples of destination resorts. In Dennis the Lighthouse Inn functions with a mixture of a large hotel/function building and surrounding cottages.

Let’s Discuss

• Land Use– Plenty of time for adjustments:

• Consider Other Uses• Consider mixed cottage/rv/hotel resort concept• Increase setbacks• Reduce Lot Coverage/Increase “Green” space

requirements

Let’s Discuss

• Campgrounds– Campgrounds were not included in this

discussion to date. – In the 2008 Dennis Open Space and

Recreation Plan Update a survey was distributed in paper and electronic format. While 59% of the respondents felt campgrounds were important, they ranked quite low when compared to other facility needs.

Let’s Discuss

• History– By the 1960’s Cottage Colonies,

Campgrounds and RV Parks clearly fell out of favor.

– In 2009 nostalgia appears to be re-directing this opinion.

What’s Next?

Do Nothing Hotel Resort Proposal Re-Zone For Cottages/RV’sRe-Zone For Hotels, Cottages

And RV’s

What’s Next?

Do Nothing Hotel Resort Proposal Re-Zone For Cottages/RV’sRe-Zone For Hotels, Cottages

And RV’s

Leaves zoning as is.Hotels By-Right.

Cottages and RVs not allowed.

What’s Next?

Do Nothing Hotel Resort Proposal Re-Zone For Cottages/RV’sRe-Zone For Hotels, Cottages

And RV’s

What’s Next?

Do Nothing Hotel Resort Proposal Re-Zone For Cottages/RV’sRe-Zone For Hotels, Cottages

And RV’s

Changes Hotels to SpecialPermits, gives town more control

Over hotel development.Cottages and RV’s were not

A part of this initial discussion

What’s Next?

Do Nothing Hotel Resort Proposal Re-Zone For Cottages/RV’sRe-Zone For Hotels, Cottages

And RV’s

What’s Next?

Do Nothing Hotel Resort Proposal Re-Zone For Cottages/RV’sRe-Zone For Hotels, Cottages

And RV’s

Create new district specific toCottage and RV campgrounds.Limits other uses. Provides forLong-term existence of coloniesBut limits land-owner options.

What’s Next?

Do Nothing Hotel Resort Proposal Re-Zone For Cottages/RV’sRe-Zone For Hotels, Cottages

And RV’s

What’s Next?

Do Nothing Hotel Resort Proposal Re-Zone For Cottages/RV’sRe-Zone For Hotels, Cottages

And RV’s

Creates a balance betweenExisting uses while providing

Options and controls overFuture changes.

What’s Next?

Do Nothing Hotel Resort Proposal Re-Zone For Cottages/RV’sRe-Zone For Hotels, Cottages

And RV’s

Leaves zoning as is.Hotels By-Right.

Cottages and RVs not allowed.

Changes Hotels to SpecialPermits, gives town more control

Over hotel development.Cottages and RV’s were not

A part of this initial discussion

Create new district specific toCottage and RV campgrounds.Limits other uses. Provides forLong-term existence of coloniesBut limits land-owner options.

Creates a balance betweenExisting uses while providing

Options and controls overFuture changes.

What’s Next?

Do Nothing Hotel Resort Proposal Re-Zone For Cottages/RV’sRe-Zone For Hotels, Cottages

And RV’s

Leaves zoning as is.Hotels By-Right.

Cottages and RVs not allowed.

Changes Hotels to SpecialPermits, gives town more control

Over hotel development.Cottages and RV’s were not

A part of this initial discussion

Create new district specific toCottage and RV campgrounds.Limits other uses. Provides forLong-term existence of coloniesBut limits land-owner options.

Creates a balance betweenExisting uses while providing

Options and controls overFuture changes.

What’s Next?

• Separate “Central Study Area” from Chase Avenue and West Dennis Discussions

• Engage Cottage/RV Owners in to participate in discussions

• Decide what to do – leaving zoning “as is” may not be the best option

Prepared for the Dennisport Village Design Charrette, Dennisport Revitalization Committee by "B. Dennis Town Design,

Providence, Rhode Island" and "Dover, Kohl & Partners"