2015.03.09 Council Agenda Item 03

The Tidewater Master Plan Development District, approved by the Town Council in April of 2005, consisted of three major areas: a residential subdivision, the parcel closest to the estuary known as Tidewater Farm, and the parcels along Clearwater Drive called Tidewater Village.  Both the Farm and the Village were further divided into segments, each detailed separately in the Master Plan. While the residential subdivision and two of the Village parcels have been fully developed, parcels TF-2, TF-3, TV-3 and TV-4 remain to be built out.

The owner of TV-4, located at the corner of Farm Gate Road and Clearwater Drive, is proposing a plan for development on this property. The proposed development will require amendments to the Zoning Ordinance, Design Guidelines, and the Master Plan that govern this district. 

Since the introduction of these amendments, the applicant has submitted a request that the Council withdraw the amendment to increase the radius allowed for shared parking. A copy of the request letter is attached.

On March 3, 2015, the Planning Board, acting as the Town's Municipal Reviewing Authority, held a public hearing on the proposed amendment.  A memo detailing that hearing is attached. 

As requested by the Council, the Town solicited a legal opinion on whether the proposed amendment was in compliance with the 2013 Comprehensive Plan. A letter from Attorney Phil Saucier of Bernstein Shur, acting as the Town's attorney in this matter, is attached.

Attachments: 

1. Planning Board MRA Hearing memo.

2. Letter from Attorney Phil Saucier of Bernstein Shur, on the proposed amendment's compliance with the Comprehensive Plan.

3. Applicants' request to withdraw the parking radius amendment.

4. Introduction letter by Councilor McBrady.

5. Applicants' Cover letter.

6. Proposed Amendments to the Town of Falmouth Zoning and Site Plan Review Ordinance Section 3.18 Tidewater Master Plan Development District.

7. Proposed Amendments to the Tidewater Village Design Guidelines dated August 2005 and amended September 22, 2008.

8. Proposed Amendments to the Tidewater Master Planned Development District approved on April 4, 2005 and amended on September 22, 2008, for Lot T.V. Area 4.

9. Tidewater Village Design Guidelines Narrative.

10. Concept Site Plan.

11. Concept Floor Plans for the proposed restaurant.

12. Concept Exterior Elevations for the proposed restaurant.

13. Previously approved Site Plan & Building Floor Plans/Elevations, as approved in 2008.

14. An aerial photo of TV-4 and surrounding area.