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PZC Minutes 09-11-2012
MEMBERS PRESENT:        Patrick Kennedy, Bart Pacekonis, Viney Wilson, Elizabeth Kuehnel, William Carroll
ALTERNATES PRESENT: Stephanie Dexter (seated for Marrero)  
STAFF PRESENT:          Michele Lipe, Town Planner; Lauren Zarambo, Recording Secretary
                
APPLICATIONS TO BE OFFICIALLY RECEIVED:
1. Appl. 12-39P, CT Studios, LLC—request for site plan of development modification to construct a 600 square feet office building, on 40-acre property located at R011A and 245 Chapel Rd, R008 John Fitch Blvd, and 240 Ellington Rd, I-291 Corridor Development zone
2. Appl. 12-42P, American Eagle Federal Credit Union - request for site plan of development to construct a 2,600 sf credit union on property located at 512 and 530 Buckland Road, Buckland Road Gateway Development zone

PUBLIC HEARING/COUNCIL CHAMBERS

CALL TO ORDER: Chairman Kennedy called the Public Hearing to order at 7:30 p.m.

Secretary Commissioner Viney Wilson read the legal notice as it was published in the Journal Inquirer on Thursday, August 30 and Thursday, September 6, 2012.

  • Appl. 12-34P, Connecticut Studios, LLC, request an amendment to section 4.4.4.D of the zoning regulations to reduce the minimum lot size in the I-291 Corridor Development Zone to 3 acres when the lot is part of a Consolidated Parcel
Mr. Craig Stevenson representing the applicant, Connecticut Studios, LLC, introduced the application briefly describing the uses of the site and requested a reduction from 5 to 3 acres for the minimum lot size as part of a consolidated parcel.

Town Planner Michele Lipe gave staff comments:

1. Request for amendment to Section 4.4.4.D of the zoning regulations to reduce the minimum lot size from 5 acres to 3 acres when the lot is included in a consolidated development proposal.
2. The current frontage requirement in the I-291 zone is 150 feet along a public road; however no frontage is required if located on a private street.  The front yard setback is 50 feet; side yard setback is 20 feet, and rear yard setback is 20 feet. Setback lines can be ignored when the lot is a part of a consolidated parcel.
3. The Town Plan of Conservation and Development is silent to desired lot sizes in this; however encourages rehabilitation and redevelopment along Route 5 and notes that non-residential development should be compatible with the physical context of the surrounding area.
4. CRCOG reviewed the proposed amendment as required and found no apparent conflict with regional plans and policies or the concerns of neighboring towns.
If this text amendment is approved, the Commission must state on the record that you have found the zone change to be consistent with the Town Plan of Conservation and Development.

No one from the public spoke in favor of the application. Mr. Carey Prague, speaking as resident of 60 Krawski Drive, basing his comments on newspaper articles, spoke in opposition concerning the subject of delinquent taxes from 2011 and 2012 on the property. Mr. Prague also stated after multiple site plans having been filed for film studio buildings and a hotel, a modification has now been submitted for a guard shack to comply with a ‘reverter clause’ which requires construction to begin by October or the land reverting back to the Town. Mr. Prague stated the building usurps the Town Council’s authority to conduct business in a proper manner and urged the Commission until the applicant submits a new plan along with financing to table the application until such a time when they do.  

Mr. Stevenson clarified the application Mr. Prague referenced was not the subject of the public hearing. Vice Chairman Pacekonis asked if CT Studios was current with their taxes. Mr. Stevenson stated CT Studios does owe taxes for 2011 and the first payment of 2012 and is working with the Town regarding the issue. He also stated it is not uncommon for development properties to become delinquent on taxes during the development phase. CT Studios will be paying the back taxes in the next several weeks and is working hard to finish the plans and move the project to the next phase. Commissioner Kuehnel asked the Town Planner if similar requests to change lot acreage had come before the Commission previously. Planner Lipe replied it is the first time it was being heard. Commissioner Carroll asked what the reason was to go from 5 to 3 acres. Mr. Stevenson replied the primary reason is the hotel only requires a 3 acre parcel for the 120 room business class hotel and the rest of the acreage would be devoted to other mixed uses such as retail, office and studio campus. Vice Chairman Pacekonis asked how many acres would be used by the studio. Mr. Stevenson replied approximately 27 or 28 acres explaining the Town of South Windsor had transferred surplus land from the creation of I-291 to the CT Studios project and 11 acres of that land will be used in the studio complex and the remaining acres divided between the hotel and mixed use portion. Vice Chairman Pacekonis asked if the reduction does take place will the parcel still comply with requirements of the zone such as impervious coverage. Planner Lipe replied compliance would have to be demonstrated at the time of subdivision however it is part of a consolidated parcel which allows looking at the entirety rather than individual lots. Commissioner Carroll asked about utilities for the property to which Planner Lipe stated utilities would be private and set up through easements demonstrated on a subdivision plan. Mr. Stevenson stated the plan itself has not changed but to implement the plan they need to change the parcel boundaries within the consolidated parcel.

Public Hearing closed at 7:50 p.m.

  • Appl. 12-38P, 1049 John Fitch Boulevard LLC—request for zone change from Restricted Commercial to Route 5 Travel Zone (TS) for 4.3 +/- acres at 1049 John Fitch Boulevard (northwesterly corner of John Fitch Boulevard and Governor’s Highway)
Mr. Ben Wheeler of Design Professionals, Inc., representing the applicant, Mr. Robert Urso of 1049 John Fitch Boulevard, LLC and owner of the property, described the application briefly and stated they would be coming back with a site plan application if granted zone change approval.

Town Planner Lipe gave staff comments:

1.  Request for a zone change from Restricted Commercial zone to Route 5 Travel Service Zone for approximately  4.3 acres on the northwest corner of Route 5 and Governor’s Highway. The site is surrounded by industrially zoned land and there is a combination of industrial and commercial uses in the area.
2.  This is the first property to come in under the new zoning classification for the Route 5 Travel and would allow for commercial development oriented towards serving the motoring public and adjacent neighborhoods.  The only properties eligible to be rezoned under this proposal include those properties at signalized US Route 5 intersections.
3.  The Plan of Conservation and Development proposed land use map shows this area as an “Economic Development Area,” which is characterized by a mix of older and newer commercial/industrial buildings. The plan indicates that, “The most appropriate uses are and will continue to be commercial and industrial uses that are in conformance with the Guiding Principles and Objectives of this plan.” In recent discussions of Route 5 in the Town Plan update process, the PZC has suggested, that to encourage upgrades along Route 5, creating business nodes at appropriate intersections to support the surrounding areas may be appropriate.
4.  Minimum lot size in an TS zone is 2 acres with 150 feet of frontage along Route 5 and a maximum of  60% impervious coverage; minimum lot size in the I zone is 30,000 square feet with 65%impervious coverage. Specific design standards and guidelines address outdoor storage and display of products on site.  
5.  Uses allowed in the Route 5 “TS” zone include: motor vehicle refueling/re-energizing stations, commercial, professional offices, retail stores, financial institutions and agencies, restaurants including fast food; retail sales, hotels or motels, and other uses deemed appropriate after public hearing. Many of these uses directly service industrial areas around them.
6.  Prohibited uses include: vehicle repairs, automobile/truck related sales or rentals; and overnight storage of vehicles.
7.  Traffic impacts from the zone change should be handled by Route 5 and Governor’s Highway.  There is an existing signal at that intersection. However this property is developed, we would expect that all entering and exiting would occur from Governor’s Highway, to meet access management requirements.
8.  Public water and sewer are currently servicing the site.
9.  There is a small area of regulated wetlands shown on the Town’s wetlands map and a brook on the northerly side of the property.
10.The applicant would have to return to this Commission as well as the IWA/CC for approval of site development plans prior to any construction on the site.
If this zone change is approved, the Commission must state on the record that you have found the zone change to be consistent with the Town plan of conservation and development.

No one from the public spoke in favor or opposition.

Vice Chairman Bart Pacekonis asked about the future plans for the handsome tobacco barn on the property. Mr. Wheeler replied the tobacco barn stretches across property lines to the adjacent property and is also in the town’s right a way of Governor’s Highway. Through Mr. Wheeler, Mr. Urso replied there is consideration underway for donating the barn to the town or any other interested party for preservation.

Public Hearing closed at 7:55 p.m.


  • PZC Sponsored zoning amendment to eliminate Section 4.2.6.V which currently prohibits grocery stores larger than 22,000 square feet
Town Planner Lipe stated the Town Manager had approached Town staff about putting the amendment forward for public input.  Planner Lipe then gave staff comments.

1.This amendment to Section 5.8 of the zoning regulations would eliminate the size restriction which was placed on grocery stores in the Buckland Gateway Development zone. The current regulations prohibit grocery stores over 22,000 sf, but do allow specialty food stores under 10,000 sq ft. The current regulation also requires grocery stores to be a minimum of 1,500 sf apart with the zone. Any new store is subject to the rigorous design standards contained in the Gateway Zone.
2.The 1500-foot separating distance allows the Commission to evaluate whether the amendment is successfully producing the type of market that is compatible with the Gateway Zone before numerous similar applications could be filed. If the Commission is pleased with initial results, the separating distance could be reduced if the Commission so desires. Likewise, if initial results do not meet the Commission’s expectations, the number of markets that could be proposed is limited.
3.A grocery store could create shopping cart management issues if not carefully managed and there currently is a regulation in place with a provision that the shopping cart management plan must require employees to return shopping carts to the store immediately after use by the customer.
4. The Town Plan of Conservation and Development offers no guidance for this amendment.
5. There should be no unusual infrastructure impacts from adoption of the proposed amendment.
6. A zoning amendment request is the appropriate time to consider traffic impacts that could result from the proposed amendment. In this instance, the Gateway Zone is well served by Buckland Road, so new traffic should not result in unacceptable impacts. Each site would be evaluated at the time of site plan approval.
7. The Capitol Region Council of Governments has reviewed this amendment as required and finds no apparent conflict with regional plans and policies or the concerns of neighboring towns.
8. If this amendment is approved, the Commission must find that it is in conformance with the Town Plan and must set an effective date.

Resident Mr. Dick Kelley, 49 Rosemary Lane, President and Principle RSK-Kellco, Inc., spoke not in favor or opposition but questioned changing the regulations to allow something where there is no maximum size cap in the amendment. Mr. Kelley suggested there to be a maximum. No one else from the public spoke in favor or opposition.

Commissioner Carroll echoed the need for a realistic maximum size cap for the amendment and asked the Town Planner about size statistics. Planner Lipe answered and stated there are no other maximums for any other types of use in the zone. Vice Chairman Pacekonis had previously found a need for the 22,000 sq ft limit but as Evergreen Walk has developed that need to restrict size has lessened. He suggested placing a cap on the amendment so that Evergreen Walk does not lose the ability to put up additional office space as a result of a ‘Big Box’ retailer using all space and taking away that potential and business growth. The Vice Chair is in favor of raising the cap but asked to hear testimony about what sizes would fit there. Commissioner Kuehnel asked what prompted the need for the amendment. Planner Lipe replied it initiated from a discussion the Town Manager had with the Chairman and Vice Chairman as the 22,000 sq ft limit might be too small for grocery stores interested in coming to the area. Commissioner Wilson agreed the Commission needs more information to make a decision and suggested the Town Manager come to talk about it.

Public Hearing closed at 8:05 p.m.

REGULAR MEETING-MADDEN ROOM

CALL TO ORDER: Chairman Kennedy called the Regular Meeting to order at 8:12 p.m.

PUBLIC PARTICIPATON: None

NEW BUSINESS: Discussion/Decision/Action regarding the following:

  • Appl. 12-34P, Connecticut Studios, LLC, request an amendment to section 4.4.4.D of the zoning regulations to reduce the minimum lot size in the I-291 Corridor Development Zone to 3 acres when the lot is part of a Consolidated Parcel
Commissioner Carroll asked why the change from 5 to 3 acres was being proposed if 5 acres had been established. Chairman Kennedy stated the 5 acre size was created when the new zone was formed approximately 20 years ago. Business needs, such as that for a hotel, require flexibility and change. Commissioner Wilson did not want to deny the change given that the parcel is consolidated and zoned for mixed use. Chairman Kennedy continued that all the Commission is dealing with is formal legal lot lines on a consolidated parcel and if this helps the development to occur he had no problem with it. Commissioner Carroll asked what the minimum acreage for non consolidated property is. Planner Lipe replied a 5 acre minimum.

Commissioner Kuehnel made a motion to approve the amendment as proposed with the following conditions:
1. The Planning and Zoning Commission finds that the zone text amendment in conformance with the Town Plan of Conservation and Development.
2. The effective date of the zone text change is 9/17/12.

Commissioner Wilson seconded the motion. The motion passed 5 to 1 with Commissioners Pacekonis, Wilson, Kuehnel and Dexter voting for the motion and Commissioner Carroll voting against.  

  • Appl. 12-38P, 1049 John Fitch Boulevard LLC—request for zone change from Restricted Commercial to Route 5 Travel Zone (TS) for 4.3 +/- acres at 1049 John Fitch Boulevard (northwesterly corner of John Fitch Boulevard and Governor’s Highway)
Commissioner Wilson made a motion to approve the zone change with the following conditions:
1. The Planning and Zoning Commission finds that the zone change is in conformance with the Town Plan of Conservation and Development.
2. Within ninety days, by 1/14/13, a zone change map (1” = 40’) with an A-2 certification must be filed on the land records, showing all boundary lines and the acreage of the land where the zone change was granted.  The map shall be drawn in accordance with the rules and regulations of the State Board of Registration for Professionals Engineers and Land Surveyors and shall be stamped and signed by a Registered Land Surveyor.  The zone change map must be submitted on black and white mylars, with this approval letter thereon, together with three blueprint copies of the Zone Change.

Commissioner Carroll seconded the motion. Vice Chairman Pacekonis encouraged the developer to conserve the tobacco barn. The motion carried and the vote was unanimous.

  • PZC Sponsored zoning amendment to eliminate Section 4.2.6.V which currently prohibits grocery stores larger than 22,000 square feet
Vice Chairman Pacekonis made a motion to table the amendment to give the Commission the opportunity to explore the possibilities of raising the 22,000 sq ft cap. Chairman Kennedy corrected that a motion to table has to be directed to a motion on the floor and suggested the Commission could put off deciding as it was not an application. Commissioners Dexter and Kuehnel were not in favor of changing the cap without specific numbers to consider. Commissioner Carroll stated he is in favor of raising the cap but not removing it completely. Chairman Kennedy asked what the Commissioner thought it should be raised to. Commissioner Carroll replied he was not familiar with grocery store sizes and what was considered reasonable. Vice Chairman Pacekonis agreed with Commissioner Carroll and commented he did not want to see a retailer come in that was too big for the area and needed more information about grocery store sizes to make an informed decision.  Chairman Kennedy asked Planner Lipe to address the subject with the Town Manager. No action was taken.

  • Review of proposed changes to the State’s Plan of Conservation & Development map
Town Planner Lipe directed the Commissioners to the mis-indentified areas of the State’s Plan of Conservation & Development map. The bulk of the mis-identified areas to be corrected are the permanent open space areas that are part of open space subdivisions. The State has also taken Town owned properties with Town facilities on them and designated it all as preserved open space. Corrections need to be made to Town properties classified as preserved open space when it has other uses which may get developed. Thirty six properties were identified to be changed. Planner Lipe stated if the Commissioners are in agreement, she will submit the revised map to the State for review so they can administratively change the map. It was the consensus of the Commission that the map should be forwarded to the state for consideration.

  • PZC appointment to Open Space Task Force
Vice Chairman Pacekonis volunteered to fill the appointment to the Open Space Task Force.
  
BONDS:

Vice Chairman Pacekonis made a motion to reduce the $25,875 Site Bond for Appl. 01-06P, Rockville Bank, to a balance of -0-. Commissioner Wilson seconded the motion.  The motion carried and the vote was unanimous.  

Commissioner Carroll made a motion to reduce the $20,000 Landscaping Bond for Appl. 07-19P, ECHN II, to a balance of -0- and to reduce the $1,000 Landscaping Bond for Appl. 12-02P, Mitchell Office Building, to a balance of -0-.Commissioner Wilson seconded the motion.  The motion carried and the vote was unanimous.  

Commissioner Wilson made a motion to reduce the $50,000 Site Bond for Appl. 07-19, ECHN II, to a balance of -0-. Commissioner Kuehnel seconded the motion.  The motion carried and the vote was unanimous.  

MINUTES:  7-24-12 and 8-21-12 minutes were adopted by consensus.

OTHER BUSINESS:
A brief discussion of Commissioner’s preferred binding method for revised Zoning Regulations took place. Vice Chairman Pacekonis asked about the upcoming CT Studio application. Commissioner Carroll asked about the American Eagle application.

CORRESPONDENCE/REPORTS: None

ADJOURNMENT:
Vice Chairman Pacekonis made a motion to adjourn the meeting at 8:42 PM. Commissioner Carroll seconded the motion. The motion carried and the vote was unanimous.  

Respectfully Submitted,

Lauren L Zarambo
Recording Secretary