Members of the Cranston City Council approved the zoning reclassification of a property located at 1191 Pontiac Ave. at the intersection of Sockanosset Cross Road during the last meeting on Nov. 28 in order to comply with the comprehensive plan in a 5-2 vote in favor of the ordinance. The parcel in Ward 6 was rezoned from industrial (M2) to commercial (C4) following a lengthy discussion during the City Council meeting.

“Every parcel in the city was assigned a future land use code under the future land use map,” said director of city planning Peter Lapolla.

 Lapolla explained that under the comprehensive plan a reclassification of the parcel had been determined based on the potential of future development.

 “In the case of Pontiac Avenue and Sockanosset Cross Road, the future land use classification on the land map said this land should be zoned highway commercial and services,” he said.

State law says that once a comprehensive plan is adopted, all zoning should be brought into conformance with the future land use plan.

"The C4 has a range of uses authorized within the zoning table," said Lapolla

Some of the concerns brought up during the meeting were by opponents suggesting that the parcel could someday become a fast food restaurant with a drive-through.

“When and if they do that they would have to comply with all the regulations and requirements under zoning,” Lapolla explained, regarding the possibility of replacing the current building with a fast food restaurant.

 Lapolla explained that the “whole strip,” which was industrial going all the way up to the training schools, is now in the process of being rezoned commercial.

 “Over time, there’s a recognition particularly that the land in that area should not be industrial and it’s slowly been converting over…to some sort of commercial classification,” he said.

Ruggieri Carpet One Floor & Home and a Sprint telephone store currently occupy the 20,000-square-foot Pontiac Avenue building. A CVS Pharmacy is located across the street on Pontiac Avenue and a Burger King is on the other side of Sockansosset Cross Road of the three-way intersection.

“The present owners of the property supported the petition, said Robert D. Murray, Esq. of Taft & McSally LLP, representative for the owner of the property, Ruggieri Floor Fashions, Inc.

Ruggieri signed the application for the change of zoning along with his client, 1191 Pontiac, LLC, Murray explained.

1191 Pontiac, LLC plans to buy the property from Ruggieri next year.

 “He has no immediate plans other than to hold and retain the existing tenants,” said Murray, regarding the potential future owners of the property. “We’re hoping to work out long-term leases with the tenants.”

 In a phone interview Murray said the Sprint store has a few years left on their lease.

“There are no plans for a fast food restaurant,” added Murray.

 However, several opponents spoke against the zoning change, citing concerns that the parcel could be turned into a fast food restaurant with a drive-through.

 “If you vote for the zoning change to C4, you are essentially voting for a drive-through,” said Ward 2 Councilman Donald Botts Jr. prior to the approval vote.

He explained the traffic is bad in the area and that changing the zoning could allow for a drive-through fast food restaurant to eventually be located on the corner of the busy intersection.

Joseph Brennan, Esq., who represents the abutters, presented an argument against the zoning reclassification. Brennan said that their main contention with rezoning the parcel to a C4 zone is that it would create “non-conforming aspects.”

“When you change from an M2 to the C4, there are different requirements necessary,” he said. “In the M2 zone, you have certain non-conforming aspects that are already there like the setbacks, but when you switch to C4 sometimes there are additional non-conforming aspects that come into play.”

Specifically, Brennan says, the parking requirement is more stringent.

The abutters that Brennan spoke on behalf of were the Renaissance Park Association, Renaissance Development Corporation and Jan Co Inc.

Professional Planner David Westcott of Mason & Associates, Inc. opposed the rezoning classification because he says the 1.3-acre property has about half the parking spaces required for a commercial zone.

“If you turn that building retail there’s nowhere near enough parking,” said Westcott.

He says that part of the building must be removed to reach the parking requirements.

“Why didn’t they ask for a variance? Westcott asked at the meeting. “Because they are not planning on keeping that building and they’re not planning on keeping those tenants.”

 Ward 6 Councilman Michael W. Favicchio said, “I think we have to follow the comprehensive plan. Otherwise, we’d be in violation of the state law.”