MEMBERS PRESENT: Bart Pacekonis (arrived at 7:31 p.m.), Viney Wilson, Mario Marrero, Billy Carroll (arrived at 7:48 p.m.), Elizabeth Kuehnel, Frank Bonzani
ALTERNATES PRESENT: Cody Guarnieri, Michael Baum
STAFF PRESENT: Michele Lipe, Town Planner; Lauren Zarambo, Recording Secretary
APPLICATIONS OFFICIALLY RECEIVED:
Appl. 14-33P, Independent Truck & Tractor Repair, LLC – request for DMV General Repairer’s license and site plan approval, for property located at 105 Edwin Road, Units 10 and 11, I zone
PUBLIC HEARING / COUNCIL CHAMBERS
CALL TO ORDER: Vice Chairman Viney Wilson called the Public Hearing to order at 7:30 p.m.
Secretary Commissioner Marrero read the legal notice as it was published in the Journal Inquirer on Saturday, May 31, 2014 and Thursday, June 5, 2014.
Mayor M. Saud Anwar spoke in support of the Evergreen Walk text amendment which will open opportunities for the community.
- Appl. 14-28P, Evergreen Walk Text Amendments – 1) request to modify Section 4.2.5 Permitted Uses in the Buckland Gateway Development zone to add Section D Automotive fuel stations as an accessory use related to a permitted retail sales and inventory use with a minimum gross floor area of 100,000 sq ft, including sales of other energizing services such as propane, and installation of tires purchased at same retail outlet; 2) request to modify Section 4.2.6 Prohibited Uses in the Buckland Gateway Development zone to add the following to Section A. Gasoline service stations, except an automotive fuel station which is permitted as provided by Section 4.2.5.D
Attorney Chris Smith from Shipman & Goodwin LLP on behalf of Evergreen Walk LLC presented the request for the proposed text amendments and introduced Mr. Phil Forsley, P.E. with Fuss & O’Neill. The attorney distributed packets in support of the application to the Commissioners and certified abutter notifications to the secretary by way of the Planner.
Attorney Smith went over the submitted documents proposing a new section ‘D.’ be added to existing regulations 4.2 Buckland Road Gateway Development Zone (GD); 4.2.5 Permitted Uses:
- Automotive fuel stations are permitted only when accessory to a retail sales and inventory use, where the automotive fuel station use is directly related to such retail sales and inventory use which has a minimum gross floor area of 100,000 sq ft Such facility must be a minimum of 500 ft from Buckland Road and within 1,500 feet of the primary building. In addition to motor vehicle refueling, such automotive fuel stations may also provide: (i) re-energizing services such as propane, electricity or similar service, which may be dispensed directly to the vehicle from pumps, plugs, couplings or some other approved means; and (ii) installation of motor vehicle tires so long as such tires are purchased from the principal retail sales and inventory use. The Commission may determine hours of operation. The automotive fuel station shall be
designed with the same criteria applicable to permitted uses as provided by Section 4.3.5 (A).
Adding language to 4.2.6 Prohibited Uses A. Gasoline service stations, is also proposed by adding language after to make an exception to add an automotive fuel station which is permitted as provided by Section 4.2.5.D (above).
Attorney Smith made reference to ‘D. (ii)’ and clarified that the retail tire changing component is not meant to be a part of the accessory gas sales use but be permitted within the large retail building and may not need to be part of this amendment. The idea is not to have a full service gas station but to be limited to sale of gasoline directly associated with a principle retail use.
The only zone in South Windsor where gas stations are a permitted use is in a General Commercial (GC) zone. This amendment will not change that but adds automotive fuel stations as an accessory use to a large retailer in the Gateway Development (GD) zone.
Mr. Forsley showed a hypothetical map of Evergreen Walk where this use could potentially go if the Commission should approve the text amendment. It is proposed far enough north as not to have adverse impact on the shops at Evergreen Walk and is consistent with the larger scale uses in this location at Evergreen Walk.
The Town Planner has suggested that a distance requirement be added whereby this type of accessory use would have to be located some distance from Buckland Road. 500 feet is being suggested.
Attorney Smith stated this proposal is consistent with the POCD and referenced Chapter 8, Business Development, which lists one of the goals as attracting additional business development that is consistent with the character and scale of its surroundings. All site design criteria that are required in the Gateway Development zone, where regulations set high standards for design, walkability, access management, and other facets will apply to this accessory use if approved by the Commission. This control will provide the Commission protection relative to any proposed use in the zone. Another goal of the POCD, of business development building the tax base and providing jobs and services, will be met by a large retail use of over 100,000 sq ft which will certainly generate tax revenue for South Windsor. Attorney Smith
encouraged the Commission to approve the text amendment.
Town Planner, Michele Lipe, gave staff comments:
- This amendment to Section 5.8 of the zoning regulations would eliminate the prohibition on gas sales by modifying Section 4.2.5 Permitted Uses in the Buckland Gateway Development zone to add Section D Automotive fuel stations as an accessory use related to a permitted retail sales and inventory use with a minimum gross floor area of 100,000 sq ft, including sales of other energizing services such as propane, and installation of tires purchased at same retail outlet. With this same request, they propose to modify Section 4.2.6 Prohibited Uses in the Buckland Gateway Development zone to add the following to Section A: Gasoline service stations, except an automotive fuel station which is permitted as provided by Section 4.2.5.D
- The prohibition of gasoline service stations has been in place since the inception of the Buckland Gateway zone regulations adopted in 1995. At that time, the Commission prohibited Gasoline service stations/automotive sales, service & repair garages. Aesthetics and site traffic impacts were a primary consideration for many of the prohibited uses listed in this zone.
- Gas sales are currently permitted in the General Commercial zones, Route 5 Travel Service zone and was added as a permitted use in 2009 to the Designed Commercial zone with similar criteria restrictions as proposed with this amendment. We do have a few gas stations existing in our industrial and I-291 CD zone, but they are either there by variance or are non-conforming to zoning that is in place currently. Auto repairs are allowed in both general commercial and industrial zones.
- 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 individual proposal would be evaluated at the time of site plan for traffic circulation, parking and access management, etc.
- There are both regulated wetlands and 100 year floodplain that run through out the Buckland Gateway zone. Environmental impacts of any proposal would also be evaluated at the site plan stage.
- This request includes a provision that this use would be accessory to any new store with a floor area of 100,000 sq ft, including sales of other energizing services such as propane, and installation of tires purchased at same retail outlet. I would remind the Commission that all new proposals are subject to the design standards contained in the Gateway Zone. These criteria address the building design as well as parking design of parking areas. For example: Section 4.2.9, Site Appearance Requirements, includes detailed criteria for large buildings including addressing: façade projections every 100 feet of building, architectural detail features related to colors and textures, roofs and rooftop equipment, materials and colors, and back and side facades.
- Section 4.2.11.C Off-Street Parking, includes the following criteria for parking areas:
- Parking primarily or entirely surrounded by the buildings (courtyard effect);
- Parking areas screened from Buckland/Oakland Roads by the principal buildings;
- Parking distributed around three sides of the principal buildings, provided not more than 33% of the parking is located between the principal building(s) and Buckland or Oakland Roads.
- The Town Plan of Conservation and Development does not speak specifically to this issue; however does express the need to create a balance between allowing new types of businesses to help build the tax base while protecting important resources and preserving those qualities that contribute to the high quality of life residents enjoy.
- The Capitol Region Council of Governments has reviewed this amendment as required and has forwarded the following report dated May 16, 2014. “COMMENT: The staff of the Regional Planning Commission of the Capitol Region Council of Governments has reviewed this referral and finds no apparent conflict with regional plans and policies or the concerns of neighboring towns.”
If this amendment is approved, the Commission must find that it is in conformance with the Town Plan and must set an effective date.
Ms Louise Neary, long time resident of South Windsor and Chairman of the Economic Development Commission, spoke in favor of the application relative to where the use is being proposed and to increase the tax base.
Mr. Andy Paterna, resident of Strawberry Lane, spoke in support of the amendment to have more flexibility to attract new businesses into South Windsor in the context of the POCD.
Town Manager Matt Galligan spoke in support of the amendment to allow significant uses to create jobs and tax revenue. He complimented the Commission for being great stewards of the Gateway zone. Change is necessary to take advantage of opportunity which will attract other business and support the flagship, Evergreen Walk. As the market changes the Town needs to change with it and capitalize on it for good quality jobs and employers in town.
South Windsor resident, Mr. Jim Neary, spoke in support of the application and where the use is proposed stating it will create another anchor store for Evergreen Walk and support the tax base for the residents of South Windsor.
The Mayor, Mr. Saud Anwar, spoke as a resident of Rockledge Drive in support of opening the town to allow for better opportunities to strengthen economic development and jobs for the area.
Mr. Dick Kelley, resident of Rosemary Lane and business owner in the area, asked about the difference between service stations and fueling stations and voiced concern with a site specific use being proposed. Mr. Kelley stated he is in support of the application if it is in support of Evergreen Walk but asked if limiting the use to Evergreen Walk and the Gateway zone should be eliminated from the amendment. He stated if this application as written is allowed it will forever change the character of Evergreen Walk from what it was visualized to what it will become
.
Mr. Peter DeMallie spoke as resident of Petersen Way stating there has not been a gas station in the center of South Windsor in years and some gas should be available in the southeastern portion of town under appropriate measures, design standards and special exception criteria. He spoke in support of the use as an accessory to a large retail use in the Gateway Development zone as long as it is built in adherence to the strict design criteria of the zone. Anything less is at risk of spoiling what exists now in Evergreen Walk. Mr. DeMallie also noted it will have to be in the right location within Evergreen Walk so as not to dominate that great facility but to support it.
No one from the public spoke in opposition to the application.
Commissioner Baum asked the Town Planner if there is building size restriction for this type of big box retail development in the Gateway zone and if it conflicts with 4.2.2 of the regulations. The Planner stated there are already two big box retailers, Target and Lowes, within the Buckland Gateway Development zone and design standards address the architectural elevations and site appearance requirements. Commissioner Baum asked about pedestrian accessibility and its proximity to the new South Windsor Center project. Planner Lipe stated throughout the GD zone there are regulations for parking and pedestrian requirements and all requirements are reviewed at the site plan stage. The approved general plan shows sidewalks and interconnections throughout the entire development and will have to be followed to create the
pedestrian friendly environment.
Commissioner Carroll asked about the rendering shown and whether the tire changing service is planned for the larger facility shown and the intention of that portion of the text amendment. Attorney Smith stated that the automotive fuel component would be a stand alone accessory use for fueling or re-charging only. It was included in the text for clarification and to avoid confusion that portion of the text can be removed as a modification to the amendment. The Planner stated in the Buckland Gateway zone all activities have to take place inside an enclosed building.
Commissioner Marrero asked if this amendment is approved would there be more than one of this type of facility planned. Attorney Smith stated that the application is for a text amendment to apply to all properties within the Gateway zone not site specific to Evergreen Walk. However, Evergreen Walk is contemplating one large retail use. The Commissioner asked if the location shown on the drawing is 500 feet from Buckland Road. Attorney Smith stated it is greater than 500 feet and they have no objection to a distance requirement for this southern gateway to the town.
Commissioner Guarineri stated it is anticipated the accessory uses will be on the same lot as the main use as defined by the regulations. Attorney Smith explained Evergreen Walk is a common interest ownership community comprised of unit pads rather than lots. The two components are on two separate pads which the same entity would be purchasing. The Commissioner asked if there is a space requirement where the separate use is somewhat near the main use. The Planner replied there is not. A discussion ensued about how the draft change for the Design Commercial zone was accomplished.
Chairman Pacekonis, in response to Mr. Kelley’s earlier question, requested Attorney Smith to explain the difference between gasoline service and fuel stations. The Attorney stated the distinction is this accessory use would be limited to automotive fuel and would not involve any type of service or repair. The Chairman asked and was answered that the name of the text amendment, Evergreen Walk Text Amendment, is associated with the name of applicant.
Chairman Pacekonis voiced concern that the Commission would have to trust the design requirements of the zone for the development to comply with the POCD to be consistent with the character and scale. He voiced concern for protections for the environment to allow gas stations so near an environmentally sensitive area. The Attorney stated the new technology involved with gas station sales use is different from 10, 20 or 30 years ago. If a proposal is submitted for the property as hypothetically depicted IWA/CC would review it as well as PZC and that Evergreen Walk LLC understands those concerns would have to be addressed.
The Chairman bought up Commissioner Marrero’s comment of how many of this type of retailers are envisioned for the Gateway zone. He asked if the amendment is too restrictive. While wanting to keep the number reasonable he asked if there might a challenge from other retailers which may not meet the requirements of square footage. Attorney Smith suggested 200 feet rather than 500 feet for the suggested distance requirement and there is really no cap on retail uses in the Gateway zone subject to the size of their property.
Proximity to base retail use also concerned the Chairman with the possibility of one being on one end of the Gateway zone and the accessory use being somewhere else. Planner Lipe read the accessory use definition from the regulations where the two uses have to be on the same lot. All of Evergreen Walk is on one ‘lot’. Attorney Smith and Mr. Forsley could not advise the Commission at the time of this public hearing about the boundary line and distance between units with this text amendment relative to any potential use with the hypothetical shown.
Chairman Pacekonis seated Alternate Commissioner Baum for Commissioner Foley.
Secretary Commissioner Marrero read an email from Town Councilor Liz Pendlelton written in support of the application (Exhibit A).
Chairman Pacekonis closed the public hearing closed at 8:46 p.m.
REGULAR MEETING / MADDEN ROOM
CALL TO ORDER: Chairman Bart Pacekonis called the Regular Meeting to order at 8:52 p.m.
PUBLIC PARTICIPATION:
NEW BUSINESS: Discussion/Decision/Action regarding the following:
THE FOLLOWING ARE MOTIONS MADE DURING THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION HELD IN THE MADDEN ROOM
- Appl. 14-28P, Evergreen Walk Text Amendments – 1) request to modify Section 4.2.5 Permitted Uses in the Buckland Gateway Development zone to add Section D Automotive fuel stations as an accessory use related to a permitted retail sales and inventory use with a minimum gross floor area of 100,000 sq ft, including sales of other energizing services such as propane, and installation of tires purchased at same retail outlet; 2) request to modify Section 4.2.6 Prohibited Uses in the Buckland Gateway Development zone to add the following to Section A. Gasoline service stations, except an automotive fuel station which is permitted as provided by Section 4.2.5.D
Commissioner Carroll stated when Evergreen Walk was originally developed the idea was not to have gas stations lining Buckland Road so the proposed distance requirement is appropriate. The Commissioner also expressed concern with location of the station and its proximity to the retail store component and how the amendment may affect future development in the zone.
Commissioner Kuehnel asked if a retailer like Target could put a station on their lot. The Planner stated it would meet the criteria of 100,000 sq ft and would not be prohibited. She suggested adding ‘such accessory facility must be located in close proximity to the primary building’. Commissioner Marrero stated there is a limited amount of area where a gas station could be located along Buckland Road in connection with a 100,000 sq ft building and suggested using the verbiage for close proximity. Chairman Pacekonis questioned the relativity of the term ‘close proximity’ and suggested within 1,500 feet of the primary retail component.
The Planner clarified the modifications would include ‘such facility would be a minimum of 500 feet from Buckland Road and must be within 1,500 feet of the primary building’ and to eliminate tire purchasing out of amendment.
Commissioner Marrero made a motion to approve with the following modifications:
Section 4.2 Buckland Road Gateway Development Zone (GD)
(New – underlined portion)
D. Automotive fuel stations are permitted only when accessory to a retail sales and inventory use, where the automotive fuel station use is directly related to such retail sales and inventory use which has a minimum gross floor area of 100,000 sq ft Such facility must be a minimum of 500 feet from Buckland Road and within 1,500 feet of the primary building. In addition to motor vehicle refueling, such automotive fuel stations may also provide: (i) re-energizing services such as propane, electricity or similar service, which may be dispensed directly to the vehicle from pumps, plugs, couplings or some other approved means. The Commission may determine hours of operation. The automotive fuel station shall be designed with the
same criteria applicable to permitted uses as provided by Section 4.3.5 (A).
(New – underlined portion)
A. Gasoline service stations, except an automotive fuel station which is permitted as provided by Section 4.2.5.D; automotive, boat, recreational vehicle, truck, and similar sales, service and repair garages. Public display of any vehicle for sale is strictly prohibited. “Boat” shall not include non-motorized boats up to 16 feet in length (e.g. canoes, kayaks).
The Planning and Zoning Commission finds that the zone text is in conformance with the Town Plan of Conservation and Development.
The effective date of the zone text is 6/22/14.
Vice Chairman Wilson seconded the motion
The motion carried and the vote was unanimous.
- Discussion on upcoming Business Owner meeting related to South Windsor Center POCD amendments and possible zoning regulations
Town Planner Lipe distributed a flyer to the Commissioners promoting the PZC / Chamber of Commerce June 27th public meeting for South Windsor Center development.
- Update on PZC Main Street Subcommittee
Town Planner Lipe discussed a grant proposal draft which will be addressed at the PZC Main Street Subcommittee meeting on June 12th.
BONDS: Callings/Reductions/Settings
- Appl. 13-25P, OFS Site Bond in the amount of $1,000 to be reduced by $1,00 to leave a balance of -0-
Commissioner Marrero made a motion to reduce the above mentioned bond. Vice Chairman Wilson seconded the motion. The motion carried and the vote was unanimous.
MINUTES:
OLD BUSINESS:
OTHER BUSINESS:
Appointment to the Demolition Delay Committee and to the South Windsor Arts & Agricultural Committee will be addressed at the next regular meeting.
CORRESPONDENCE / REPORTS:
ADJOURNMENT:
Motion to adjourn the meeting at 9:38 p.m. was made by Vice Chairman Wilson
Seconded by Commissioner Bonzani
The motion carried and the vote was unanimous.
Respectfully Submitted,
Lauren L Zarambo
Recording Secretary
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