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PZC Minutes 03-24-2009
MEMBERS PRESENT:        Chairman Patrick Kennedy, David Sorenson, Louise Evans, Bart Pacekonis, Mark Abrahamson, Tim Moriarty

ALTERNATE PRESENT:      Viney Wilson, Daniel Van Horn, Elizabeth Kuehnel (sitting for Michael Sullivan)

STAFF PRESENT:          Marcia Banach, Director of Planning
        
PUBLIC HEARING – COUNCIL CHAMBERS

Chairman Kennedy called the meeting to order at 7:30 p.m.

The Secretary read the legal notice as it was published in the Journal Inquirer on March 12, 2009 and March 19, 2009.

  • Appl 09-04P, Zimnicki Accessory Apartment – request for Special Exception to Section 7.1.2 for an accessory apartment at 96 Lawrence Road, RR zone.  (Continued from 2/10/09)
This application has been continued until the next PZC meeting in April.

  • Appl 09-10P, Martha Vigurs dba Your Hair - request for renewal of a 5-year major home occupation for a hair salon at 643 Pleasant Valley Road, A-20 zone
The applicant stated that there have been no changes and hopes that the Commission will once again approve the 5 year renewal for her salon.

Marcia Banach reported the following:

This is a request for a renewal of a home occupation that was originally granted for in February of 1994 for a 5-year permit to operate a hair dressing salon, on property located at 643 Pleasant Valley Road, A-20 zone.  
The scope of the occupation has not changed. Planning Dept. staff are not aware of any complaints regarding this home occupation.
The applicant has approximately 345 sq ft. dedicated to this occupation.  No exterior changes were made to the building.  Three parking spaces were added for the occupation.  The applicant does have a sign.
The reasons for requiring PZC approval are to ensure that:
the home occupation is clearly secondary to the use of the building for dwelling purposes;
the home occupation is compatible with other permitted residential uses in the residential district;
the residential character of the dwelling and the neighborhood are preserved, and;
all residents have freedom from excessive noise, excessive traffic, nuisances, fire hazards offensive odors and pollutants, and other possible effects of commercial uses being conducted in residential areas.
Performance criteria that must be met include:
Maximum of 25% of the floor area can be used for the occupation;
occupation cannot be visible from outside the dwelling unit;
dwelling must contain the character of a single family dwelling;
no entrance or exit may be added solely for the occupation;
no more than one non-resident employee allowed;
the occupation can not create a volume of passenger or commercial traffic that is inconsistent with the normal level of traffic on the street;
all parking needs must be met on-site; and
the Commission may require screening of additional parking from the street and from adjacent residential properties.
Public sewer and water serve the existing house.
If this renewal is approved, the applicant will have to return to this Commission for again for renewal upon expiration of the 5-year permit period. Planning Dept. requests that original approval conditions remain in effect.
There was no public participation for this application.  The Commission did not have any questions.  The public hearing was closed at 7:35 p.m.
  • Appl 09-06P, Downeast Associates Limited Partnership—Request for amendment to zoning regulations as follows: Section 4.3 (Designed Commercial Zone); Table 4.1.1A, Permitted Commercial and Industrial Uses; and Table 4.1.6A, Commercial and Industrial Area, Density and Dimensional Requirements. The proposed text amendments would modify requirements within the Designed Commercial Zone.
Applicant was represented by Attorney Chris Smith, whose presentation included a packet to each Commissioner of their proposed wording for the amendments.   Attorney Smith reviewed the exhibits in said packet for the benefit of the Commissioners.

Banach had the following report.

Request for amendments to Section 4.3, Table 4.1.1A, and Table 4.1.6.A of the zoning regulations.
There is a bit of history about how we got to this subject amendment. In February, the CT Supreme Court issued a ruling indicating that our General Plan of Development is advisory only. While the Supreme Court case did not involve Downeast Associates, the ruling affects Downeast Associates since they own land in a zone that requires a General Plan of Development. Our previously-existing Design Commercial regulations characterized the General Plan of Development as binding, thus creating a conflict with the Supreme Court ruling. A PZC text amendment would resolve the conflict. While preparing to draft the correcting amendment, I discovered that during the comprehensive redrafting of the zoning regulations in 2007, the majority of the DC zone regulations had been inadvertently deleted from the updated regulations. In response to that situation, I prepared an amendment that restored the previously-existing DC zone requirements.
Applicant Downeast Associates then suggested that Downeast Associates take this opportunity to further amend the DC zone to accomplish several objectives:
  • Clarify many provisions of the existing DC zone, particularly in response to the Supreme Court Decision;
  • Request a use amendment to allow motor vehicle fueling as noted in Downeast’s presentation;
  • Insert some of the design provisions of the Buckland Gateway zone to ensure that future development has higher standards than the existing DC zone; and,
  • Reduce the maximum impervious coverage from 90% to 75%.
My amendment served as the base from which Downeast Associates created their amendment—and the final result is the amendment that is before you at this hearing. In my professional opinion, the Downeast Associates amendment is the preferred amendment because of the clarifications and the insertion of Section 4.2.9 of the Buckland Gateway zone.
The proposed amendment appears to be consistent with Town Plan of Conservation and Development. Action item #1 in the POCD suggests regulation revisions that require non-residential development to be compatible with the physical context of the surrounding area. The Design Commercial zone as it exists was created for a large indoor mall surrounded by a virtual sea of pavement. Insertion of Buckland Gateway zone aesthetic requirements would be an excellent step toward raising the development standards of the Design Commercial zone.
The proposed amendments should not create any additional infrastructure or traffic impacts.
There is always some risk of environmental impacts with gasoline, but as long as we all continue to drive gasoline-fueled vehicles, gas stations will continue to exist. The Commission may want to consider limiting automotive fuel to an accessory use to a large retail facility, unless the Commission is comfortable with stand-alone gas station/convenience stores in the DC zone.
The Capitol Region Council of Governments reviewed the amendment as required and had the following comments:
If approved, the Planning Dept requests the following modifications:
  • Section 4.3.B.8.b—“All utilities in the Designed Commercial development shall be placed underground including electric power transmission lines and telephone lines, unless sufficient reason not to do so is demonstrated to and approved by the Commission.”
Section 4.3.C.1—“The Commission shall require improvements in the utility, transportation, or public service systems of the Town of South Windsor where in the judgment of the Commission the impact of the proposed development will create a direct adverse condition requiring improvements for safe and proper operation, whether such improvements are on or off the site area.
  • Section 4.3.E.1.—If an applicant is seeking approval to change a parcel to the DC Zone, in addition to submitting a request for zone change in accordance with the requirements of these regulations, an applicant shall also file a General Plan of Development…”
Restrict automotive fueling to an accessory use to a large retail facility.
The applicant has agreed to incorporate these revisions into the amendment.
There was no public participation for this application.

Question by Evans:  How is appearance of back of building considered by amendments?  It is already incorporated in the Gateway zone.

Question by Pacekonis:  Is there a map showing the current DC zone?  Yes.   (Banach gave him copy of map to show the properties included).  He expressed concern for lack of public attendance at this meeting, would like to keep the hearing open and would like to see the gas pumps as a special exception.  Banach stated that previous Gateway buildings were site plan only.  Pacekonis is specifically concerned about the fuel issue and wants the public more aware.

Question by Abrahamson:  Why fuel use is limited to attachment to 50,000 sf minimum retail facility, not allowed as stand alone?  Appearance, safety, lighting, signage, limiting increase in number of small gas station/convenience store buildings to area.

Question by Evans:  What is the rationale as to benefit to applicant of the 2 step process of submitting a site plan and a zoning change request at the same time?  Time, cost, consolidated information presented to Commission for review/decision making.  Evans:  Would this set a town wide precedent?  Banach:  No, all apps are individually entertained.

Pacekonis made a motion to hold the hearing open to allow more public input.  Seconded by Evans.  Vote 5 to 2 - No: Moriarty, Evans, Abrahamson, Sorenson, Kennedy; Yes:  Kuehnel, Pacekonis.  Motion failed.

Kennedy closed the public hearing at 8:35 p.m.

REGULAR MEETING – MADDEN ROOM:  Called to order at 8:45 p.m.

PUBLIC PARTICIPATION:  None

1.  Appl 09-08P, Smith’s Corner Senior Residence Development – request for site plan approval for a 3-unit Senior Residence Development (previously approved in 2003) for property located at 178, 180 and 182 Wheeler Road, A-20 zone.

Pacekonis made a motion to approve Appl 09-08P with the following modifications:
  • Prior to commencement of any site work, a meeting must be held with Town Staff.
  • No building permit will be issued until the final mylars have been filed in the Town Clerk’s office.
  • An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 9.1.3 C of the Zoning Regulations.
  • A landscape bond in the amount of $5,000 is required and must be submitted prior to filing of mylars.
  • All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
  • This approval does not constitute approval of the sanitary sewer, which can only be granted by the Water Pollution Control Authority.
  • The building street number must be included on the final plans.
  • Pavement markings must be maintained in good condition throughout the site drives and parking areas.
  • All free standing signs and/or building signs require the issuance of a sign permit before they are erected.
  • If a State Traffic Commission certificate is required, no building permits will be issued until the certificate has been issued (per CGS 14-311).
  • The sidewalk must be extended the full length of the Smith Street frontage.
Moriarty seconded the motion.  Motion carried unanimously.

2.  Appl 09-04P, Zimnicki Accessory Apartment—request for Special Exception to Section 7.1.2 for an accessory apartment at 96 Lawrence Road, RR zone.  This application has been continued until the next PZC meeting in April. No action was taken.
3.  Appl 09-10P, Martha Vigurs dba Your Hair - request for renewal of a 5-year major home occupation for a hair salon at 643 Pleasant Valley Road, A-20 zone.
Evans made a motion to approve Appl 09-10P with the following conditions:
The business must be operated by the homeowner.
The permit will expire on 3/9/14, and will have to be renewed at that time.
Only one non-resident employee can be hired.
Refuse from the business cannot be disposed of with residential refuse.  Adequate arrangements must be made for business refuse disposal.
Parking for the business is to be situated in the rear of the property as shown on proposed Parking B as shown on plans submitted.  No parking is to be constructed and no parking is allowed in the area shown in proposed Parking A.
Any new buildings, or alteration/addition to existing buildings, requires a building permit prior to start of construction.

Moriarty seconded motion.  Motion carried unanimously.

4.  Appl 09-06P, Downeast Associates Limited Partnership—Request for amendment to zoning regulations as follows: Section 4.3 (Designed Commercial Zone); Table 4.1.1A, Permitted Commercial and Industrial Uses; and Table 4.1.6A, Commercial and Industrial Area, Density and Dimensional Requirements. The proposed text amendments would modify requirements within the Designed Commercial Zone.
Followed lengthy discussion by Commissioners.
Evans made a motion to approve Appl 09-06P with the following modifications:
1.  Add automotive fuel as part of the site plan only when accessory to a retail sales and inventory directly  related thereto that has a minimum gross floor area of 50,000 square feet;
2.  Batteries and tires sale and installation as part of retail business;
3.  Trash pickup will be same as Gateway zone;
4.  The Commission may set hours for pumping gas;
5.  Project is consistent with our plan of conservation and development;
6.  The regulations be effective the day after publication.

Moriarty seconded the motion.

Pacekonis moved for amendment that would require special exception approval for automotive fuel.  Kuehnel seconded.  Vote: 4 to 3.  No: Kennedy, Moriarty, Evans, Sorenson, Yes: Pacekonis, Abrahamson, Kuehnel.  Amendment failed.

Evans made a motion to extend meeting past 10:00 p.m.  Sorenson seconded motion. Vote: 6 to 1 – Yes:  Kennedy, Abrahamson, Moriarty, Evans, Kuehnel, Sorenson, No:  Pacekonis.  Motion carried.

Vote on Main Motion to approve Appl 09-06P with conditions: 5 to 1 (1 abstain) – Yes: Kennedy, Abrahamson, Moriarty, Evans, Sorenson, No: Pacekonis, Abstain: Kuehnel.   Motion carried.

BONDS: Commissioner Evans made a motion to set a bond in the amount of $2,700 for subdivision improvements Appl 08-21P Cohen Resubdivision.  Commissioner Sorenson seconded the motion.  The motion carried and the vote was unanimous.

MINUTES:  The minutes of 3/10/09 were approved by consensus with minor changes.

OLD BUSINESS: None

APPLICATIONS TO BE OFFICIALLY RECEIVED:

1.  Appl 03-28P, Poag & McEwen-Connecticut, LLC, - Pursuant to remand by Supreme Court - request for site plan approval for a Lifestyle Center with 284,750 +/- sq. ft. of retail shops and 3,870 +/- sq. ft. of office, to be known as “The Shops at Evergreen Walk” located on the west side of Buckland Road, north of Smith Street, and south of Deming Street, Buckland Gateway Development Zone (official receipt date: February 10, 2009 the date of the Supreme Court decision).
        
2. Appl 09-11P, Ful-Line Auto LLC Site Plan – request for site plan approval for used car dealers license for property located at 1546 John Fitch Boulevard, I zone
3. Appl 09-12P, Arryo Auto Body LLC – request for site plan approval for used car dealers license for property located at 1546A John Fitch Boulevard, I zone
4. Appl 09-13P, Jeannette LeSure dba Paint, Paper & Pens - request for of a 5-year major home to conduct art/creativity workshops at 9 Cliffwood Drive, A-30 zone

OTHER BUSINESS:

1.  Banach proposed amended I-291 regulations in anticipation of movie studio project.  Commissioners agreed.
2.  Banach proposed relaxing standards for temporary signs due to economic times.  After discussion and suggestions, Commissioners decided to have Banach proceed and present proposal at the second meeting in April.
3.  Banach:  FYI , at next meeting Appl 03-28P, Poag & McEwen-Connecticut, LLC, - Pursuant to remand by Supreme Court - request for site plan approval for a Lifestyle Center with 284,750 +/- sq. ft. of retail shops and 3,870 +/- sq. ft. of office, to be known as “The Shops at Evergreen Walk” located on the west side of Buckland Road, north of Smith Street, and south of Deming Street, Buckland Gateway Development Zone (official receipt date: February 10, 2009 the date of the Supreme Court decision) will be re-heard.

CORRESPONDENCE:  None

ADJOURNMENT:  Commissioner Sorenson made a motion to adjourn the regular meeting at 10:20 p.m.  Commissioner Pacekonis seconded the motion.  The motion carried and the vote was unanimous.


Respectfully Submitted,

___________________________
Donna Thompson
Recording Secretary

Approved 04/28/2009