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PZC Minutes 09-27-2011
DRAFT
MEMBERS PRESENT:        Patrick Kennedy, David Sorenson, Bart Pacekonis, Mario Marrero, Elizabeth Kuehnel
ALTERNATES PRESENT:  Frank Bonzani, Gary Pitcock
STAFF PRESENT:          Michele Lipe, Town Planner
                Jeffrey Doolittle, Town Engineer

APPLICATIONS TO BE OFFICIALLYRECEIVED:
  • Appl 11-29P, Capitol Region Education Council (CREC) —request for a two lot minor subdivision of 60+ acres and a special exception to 5.4.3 and a site plan of development for the construction of a 64,300 sf school to be known as “CREC International Magnet Elementary School” on property located at L007 Long Hill Road (westerly side of Long Hill Road, southerly side of Chapel Road, northerly of I-291, easterly side of Ellington Road), I-291 Corridor Development Zone, Rural Residential/I-291 Overlay Zone and Rural Residential Zone
PUBLIC HEARING/COUNCIL CHAMBERS
  • Appl 11-27P, Jonathan Chuck – (Chuck Zoning amendment II) – request to amend the zoning regulations to add “Residential Care Home (Facility)” to Table 3.1.1.A Residential Zones as a special exception use in RR and A-40 zones; to add same use to Article 10 Definitions, amend Section 6.1.1 Applicability to add Residential Care Home (Facility),  amend Table 6.5.7A – Signs Permitted in Single Family Residential Districts and add Section 7.20 Residential Care Home (Facility)  
The legal notice was read into the record as it was published in the Journal Inquirer on September 15 and September 22, 2011.

Dori Famiglietti, Attorney with Kahan, Kavensky & Caposella represented the applicant.  The text amendment is a two part process. If the zone text amendment is approved it would allow a residential care facility in the RR and A-40 zones.  The second step would be for the applicant to come before the commission with a special exceptions application which would then be proposing the Residential Care Home Facility in a specific location.  With this zone change the sign regulations would also be amended to allow a small sign on the property.

John Chuck presented the application as follows.  The purpose of the regulations is to allow conversion of existing structures or creation of new construction in the RR and A-40 zones to a residential care home facility.  (Exhibit A)  The applicant went over 7 residential care home facilities in various other Towns. The homes in these towns maintain their residential look and most are located in quiet neighborhoods (Exhibit B)

Attorney Famiglietti compared and contrasted the existing elderly housing that are currently permitted in Town with the Residential Care Facility proposed.  These are allowed by special exceptions and the existing regulations were used when modeling the proposed text amendment.  The Town of Vernon has a Residential Care Facility that is allowed under the residential zone.  When interviewed by the applicant the Vernon Town Planner mentioned that this was an invisible use in Rockville near the historic district.  The home fits well with the neighborhood and he has had no issues with this use in a residential zone.  The residential care facility is not much different than what currently exists under the SRD or assisted living facilities in Town. The applicant worked with the South Windsor Town Planner to make sure that the same things are addressed with the proposed zoning amendment.  

Lipe gave the following Planning report.  
This is a revised request for amendment to add provision to allow for Residential Care Homes to be allowed by Special exception in the A-40 and RR zones. The applicant had previously been in front of the Commission in August with his proposal, and has since withdrawn and resubmitted the new proposal in front of you.
As defined, RCH means “ an institution having facilities and all necessary personnel to furnish food, shelter and laundry for two or more persons 55 years of age or older unrelated to the proprietor and in additions, to provide services of a personal nature may which do not requires the training or skills of a licensed nurse.  Additional services of a personal nature may include assistance with bathing, help with dressing, preparation of special dies and supervision over medications which are self-administered.”  
The applicant has also developed specific site criteria that would have to be addressed in a site plan at the time of the application.  As the regulation is drafted, properties within the RR and A-40 zones would be eligible.
This regulation would allow for the conversion of a single family homes as well as for new construction with a maximum of 15 residents (Including staff).
Specific requirements for the site include: Minimum 80,000sf in size, 150 feet of frontage on a major road and 50 feet on a  local road provided that there was a 300 foot setback for any structures. It should be noted that this provision would eliminate many properties in our more residential areas from consideration.    Other bulk requirement include: 35% maximum impervious coverage and parking requirements include: 1 space for each employee, 1 space for each tenant and 1 guest space for each 4 tenants.
The applicant has included a provision for signage for a 12 sf sign.
The current regulations allow for the development of Elderly Housing complexes, Senior residence developments as well as Assisted Living Facilitates, hospital, sanitariums and convalescent nursing homes.  These latter uses require skilled nursing.  This type of housing at this scale would be the first of its kind allowing the conversion of an existing home into a residential care home and would not include skilled nursing.
The Housing Element of the Town Plan of Conservation includes goals that are relevant to this application, including:
  • Develop housing to meet the needs of the entire community, including but not limited to: small families, large families, the elderly, single adult households, various income levels, and
  • Develop a full range of housing styles, types, sizes, densities, affordability, and forms of ownership in order to meet the housing needs of the community.
This use would be licensed by the Department of Health and would be subject to their requirements. The Fire Marshal and Building Inspector have indicated that any proposals would have to meet the minimum building and fire codes and would be addressed at the time of application.
There should be no infrastructure impacts of associated with this amendment.
There should be no environmental impacts associated with this amendment.
There should be no significant traffic impacts associated with this amendment. At the time of the site plan application, the applicant would have to address anticipated traffic.
The Capitol Region Council of Governments has reviewed this amendment as required. CRCOG reports that they have found no apparent conflict with regional plans and policies or the concerns of neighboring towns.
If this application is approved, the Planning Department has no requested modifications.

There was public participation as follows.

Robert Dickenson, 19 Birch Road requested that when this is constructed that a sidewalk be added big enough to fit bicycles.

Glenda Reiley, 215 Lawrence Road spoke against the application.  The resident felt that by allowing this type of use in a residential zone would be like allowing a bed and breakfast or a hotel.   Is there a cap for the number of residential care facilities allowed in Town if this is approved?  She has concern with the signage allowed and how this would retract from the neighborhood or how it would affect the property values.

Janete Prior, 1042 Main Street is spoke against the application.  The resident mentioned some of the inconvenience that she has experienced by living in front of a nursing home like; Laundry delivery, food delivery, emergency vehicles and increased traffic.  If this application is approved it would be allowing a business in a residential area.  

Charles Walters, 239 Lawrence Road, spoke against the application.  Spoke against the application.  Had concerns with increase traffic and emergency care vehicles.  

A letter in opposition was read into the record (Exhibit C)

Lynn Mitevier, Ridge Road, spoke in favor of this application, mentioning that this type of housing for elderly will be ideal for her parents and it would be nice for it to be offered as a another choice to individuals

Commissioners had questions and concern.  Responses will be in italics.  

  • Would the residents have their own rooms in this Residential Care facility?
About 25% are shared rooms.  Residents have the option of sharing a room or having a room to themselves.


  • What type of recreation will be provided for the residents?
They will have daily exercise, a game room area will be provided. They will work with the Town Senior Center to make sure the residents have transportation to and from the center and are able to attend trips.  

  • What kind of trash pick up and parking will there be available on site?
Refuse will be picked up every 2 weeks.  There will be 1 parking space available for every 2r residents and one parking space for each employee.  All laundry is done on site.  These are elderly people who can take care of themselves but want another option of living.  The staffing at most would be 2 staff members that will be coming and leaving every day.  Not all the residents will have vehicles, since some may choose not to drive.  

  • Commissioners had concerns with the amount of parking on site.
Attorney Famiglietti reminded the Commission that according to the regulations anything that goes over the amount of parking proposed would be properly screened to minimize any adverse impact.  This can be reviewed when the special exceptions application comes before the commission.  The applicant is proposing the minimum for parking, more parking could happen with a leasing agreement or a modification.  

Lipe mentioned that with the proposed zoning amendment there is a 35% ratio for coverage with any parking and paved areas the assisted living in Town allows for a 50% coverage ratio.

  • Commissioners asked for clarification of the definitions given by the applicant in his hand out.
The definitions are provided by the State Department of Public Health for any Residential Home Care facility.  In order to become licensed the applicant would have to comply with these policies set by the State.  

  • Commissioners had concerns with a Residential Home Care Facility potentially being in the historic district
Concerns with a commercial venture in a residential neighborhood

The public hearing was closed at 9:05 PM.

REGULAR MEETING-MADDEN ROOM
CALL TO ORDER:
PUBLIC PARTICIPATON:
NEW BUSINESS:
  • Appl 11-27P, Jonathan Chuck – (Chuck Zoning amendment II) – request to amend the zoning regulations to add “Residential Care Home (Facility)” to Table 3.1.1.A Residential Zones as a special exception use in RR and A-40 zones; to add same use to Article 10 Definitions, amend Section 6.1.1 Applicability to add Residential Care Home (Facility),  amend Table 6.5.7A – Signs Permitted in Single Family Residential Districts and add Section 7.20 Residential Care Home (Facility)  
Discussion ensued among commission members regarding the proposed Zone text amendment.

Commissioners agreed that another option was needed for elderly housing since the Town was currently at its cap for senior developments.

If the amendment is approved any proposal would still have to come before the Commission for a special exceptions approval and could be evaluated more closely at that time.

The applicant is willing to limit this to existing homes.  Reserve parking is an option that the applicant is willing to comply with.  

The text amendment allows for input from the Historic District commission.

The Planner clarified that the Historic District Commission would only evaluate the look of the property and any changes made to the home or parking, not the actual use.  

Commissioners were concerned with older homes in other parts of Town that are not in the historic district and how this amendment could affect those properties.  There should be a cap if this zone amendment is to pass.  

Pacekonis reminded commissioners that this item could be tabled and did not have to be decided on this night.  

Lipe mentioned that they would have 65 days to act on it and if commissioners had any further questions Town staff could answer those, no other presentations or discussion could go on with the applicant once the hearing is closed.  

Pitcock made a motion to table Appl. 11-27P, Jonathan Chuck Zoning Amendment.  Sorenson seconded the motion.  

Sorenson, Pacekonis, Kuehnel and Pitcock voted to table it.  Marrero and Bonzani voted against.  Motion carried 4-2.  
The above mentioned item was tabled till the next PZC meeting.

  • Discussion regarding the update to the Town Plan of Conservation and Development schedule
Lipe mentioned that the Town Council approved the funds for the Town Plan update.  The consultants would like to set up a Tour of the Town with the Commissioners on October 29 that would depart from the community center.  
Commissioners agreed to do the tour on October 29.  

Lipe mentioned that since November 8th is election night the PZC meeting is cancelled and a special meeting will be held on November 1st to discuss the Town Plan of Conservation and Development update.  The first tentative date for the public forum is November 30 at the high school 7:30PM-9:00PM.

The Town manager is working with the Police Chief in discussing a new idea for the old fire house property on Sullivan Avenue.  They are proposing to use it as a regional animal control facility that will be run by the SWPD at no cost to the Town.  It will serve East Harford, Vernon and South Windsor.  There is some grant money that the Town is looking into for this facility.  This will be a no kill facility.  
BONDS:
Sorenson made a motion to reduce the IWA/CC bond for Appl. 07-10P, Poulin Interior Lots by $2,100 from $10,000.
Marrero seconded the motion.  The motion carried and the vote was unanimous.  
MINUTES:

OTHER BUSINESS:

CORRESPONDENCE/REPORTS:

ADJOURNMENT:
Commissioner Sorenson made a motion to adjourn at 9:45 PM. Commissioner Marrero seconded.
The motion carried and the vote was unanimous.  

Respectfully Submitted:


Maria Acevedo
Recording Secretary