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MEMBERS PRESENT: Bart Pacekonis, Viney Wilson, Mario Marrero, Frank Bonzani, Elizabeth Kuehnel (left at 8:35 p.m.), Kevin Foley (left at 8:35 p.m), Billy Carroll (arrived at 8:28 p.m.)
ALTERNATES PRESENT: Stephanie Dexter (left at 8:35 p.m.)
STAFF PRESENT: Michele Lipe, Town Planner; Lauren Zarambo, Recording Secretary
APPLICATIONS OFFICIALLY RECEIVED:
- Appl. 14-11P, Folsom Construction Temporary and Conditional Permit - request for a 2 year temporary and conditional permit (Section 2.13.a) for construction materials and equipment storage at 595 Nutmeg Road North, I zone
- Appl. 14-12P, Mannarino Builders, Inc. – request for a Zone Change of approximately 6.2 acres from Rural Residential to Designed Residence Zone and a General Plan of Development for an 18 unit development to be known as ‘Clark Estates’, on property located on the easterly side of Clark Street, approx. 380 feet south of Pleasant Valley Road
- Appl. 14-13P, Simmons Premier Soccer Club - request for a renewal of a 2 year temporary and conditional permit (Section 2.13.a) to create two soccer fields, associated parking and temporary lights, at 225 West Road (southwesterly corner of West Road and Sullivan Avenue), GC zone
- Appl. 14-14P, Mitchell Excavation Site Plan Modification - request for a site plan modification changing the traffic pattern to include an egress on Rte 74 (Ellington Road) associated with the earth excavation permit, on property located at 1488 Sullivan Avenue, RR zone
- Appl. 14-15P, ClearEdge Power, Inc. - request for a Site Plan modification for several small additions and loading docks on the industrial building, located at 90 Bidwell Road, I zone
PUBLIC HEARING / COUNCIL CHAMBERS
CALL TO ORDER: Chairman Bart Pacekonis called the Public Hearing to order at 7:30 p.m.
Vice Chairman Wilson read the legal notice as it was published in the Journal Inquirer on Thursday, February 27, and Thursday, March 6, 2014.
- Appl. 14-11P, Folsom Construction Temporary and Conditional Permit - request for a 2 year temporary and conditional permit (Section 2.13.a) for construction materials and equipment storage at 595 Nutmeg Road North, I zone
Mr. Peter DeMallie of Design Professionals, Inc., representing Folsom Construction LLC, presented the request for a temporary & conditional permit for the utilization of the yard to the rear of the property on a temporary basis until a certificate of occupancy and as built survey are approved by the Town. The yard is needed for storage of pipe and other materials on site consistent with the approval for the use of the yard. Once the as built is complete this temporary and conditional permit will be null and void.
Chairman Pacekonis seated Alternate Commissioner Dexter for Commissioner Carroll.
Town Planner Michele Lipe gave staff comments:
- Request for a 2-year temporary and conditional permit for use of a construction yard on property located at 595 Nutmeg Road North, I zone.
- The area proposed for the activities is the western portion of the site. The site is intended to be used for the storage of topsoil, process, construction trailers, catch basins, pipes and similar type materials. No other site improvements are proposed with this application.
- The applicant’s intent is to use this property during construction of the facility that was recently approved and would be void at the time a CO is granted.
- The wording of the T & C permit regulation is that, ‘Temporary and conditional permits may be granted by the Commission for a period not to exceed two years. Such approval may be given after a Public Hearing if, in the judgment of the Commission, the public convenience and welfare will be substantially served, and the appropriate use of neighboring property will not be substantially or permanently injured, and traffic and other hazards will not result from such use.’.
- If this application is approved, the planning department has no modifications to request.
No one from the public spoke for or against the application.
Commissioners had no questions.
The public hearing closed at 7:37 p.m.
REGULAR MEETING / MADDEN ROOM
CALL TO ORDER: Chairman Bart Pacekonis called the Regular Meeting to order at 7:43 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
- Election of PZC Secretary
Chairman Pacekonis postponed the election of Secretary until the full commission is present.
- Appl. 14-09P, Evergreen Walk LLC - request for a reapproval of the General~Plan of Development~layout including 725,000 sf of retail; 200 residential dwelling units; 75,000 sf of recreation space; 250 hotel rooms; 550,000 sf of office space to be located on 151 Buckland Road (within ‘Evergreen Walk’), on the westerly side of Buckland Road, on the southerly side of Deming Street and northerly of Smith Street, Buckland Road Gateway Development Zone
Mr. Alan Lamson, FLB Architecture & Planning, Inc., and Mr. Phil Forsley, Fuss & O’Neill, presented the request for reapproval of Evergreen Walk General Plan of Development which was originally approved in 2001. At the time of approval there was a provision in the regulations which limited the approval period to five years. The approval would have expired in 2006 had there not been litigation which stayed the start of approval. The five year approval period ends in the spring of 2014.
The request is now for approval of the same square footage and uses from the last general plan approval with the exception that the site plan reflects the approved office building and changes to the hotel and residential layout. There is no longer the five year provision in the regulations so the approval will no longer expire.
Mr. Forsley stated a utility impact statement was submitted as part of the renewal process. He described the water supply for the development as a 12” water main coming from Deming Street and entering on the property on Tamarack Avenue, the proposed water uses and extensions, sewer mains and detention basins.
Mr. Lamson stated the purpose of the general plan is to show the general layout of the site and definitively determine the square footage of the uses and show a schematic layout of utilities and drainage for the overall site. Everything from the general plan of development gets reinforced on the final plans with complete engineering details.
Commissioner Marrero asked about ‘improvements being made at certain intersections’ as was written in their narrative. Mr. Lamson stated certain improvements are being done as part of Town Square and others will be made as the hotel proceeds. Pedestrian signals have been installed at the request of the Shops at Evergreen Walk. The down ramp from Buckland Road was discussed.
Town Planner Lipe gave staff comments:
- This is a request for reapproval of the General Plan of Development for development on 243 acres on the west side of Buckland Road, Buckland Gateway zone, in accordance with the provisions of Section 8.1.2.
- This plan was originally approved in 2001 and had five year expiration. Due to lawsuits filed, and the time it took to resolve all cases, the effective date of this approval was in 2009 with expiration in 2014. Our regulations were changed in 2007 such that general plans no longer have a time period associated with them.
- Changes from the original approval include:
- retail increase form 375,000 sf to 725, 000 sf; 200 units of residential added, office decreased from 650,000 to 550,000 sf
- the number of hotel rooms at 250 and indoor recreation at 75,000 sf remain unchanged
- The stated purpose of the Buckland Gateway zone is ‘to create an attractive entrance to South Windsor. This zone should foster high-quality development of businesses and sites, with careful attention to the appearance of buildings and surrounding site’. The stated general concepts include:
- Sites developed under this zone are intended to be carefully planned, both within the site’s own boundaries and in relation to surrounding properties and the entire Gateway zone.
- Retail design determines much of the character and attractiveness of major streetscapes. In recognition of this, the Gateway zone includes special standards and guidelines for retail developments.
- Avoidance of prototypical franchise-type buildings unless the building truly demonstrates architectural excellence.
- Access management, in order to reduce the number of driveway cuts onto Buckland Road and mitigate the deterioration of traffic flow generally caused by driveways on arterial streets.
- Shared retention/detention basins.
- The access management requirements of Section 3.A, Sullivan Avenue-Buckland Road Corridor limit the number of driveways on a commercial site with more than 450 feet of frontage to two access points. In 2001, the applicant received a waiver to be allowed the third signalized access after it was determined that this would provide the best balance between traffic flow on Buckland Road and access requirements for this large project.
- In 2007, the applicant had requested and received approval from the STC for the changes in the proposed square footages. With that approval, the applicant has to complete improvements included adding an additional turn lane off Buckland Road on to Tamarack Drive and an additional turn lane off the exit ramp onto Buckland Street. The Buckland Road turn lane is intended to be constructed at the time of the hotel.
- Pedestrian access has been provided throughout the site, with sidewalks currently along the entirety of Buckland Road, the interior roadway network through the Shoppes. The sidewalk network heading north will soon be interconnected with the extension of the access drive connecting to Tamarack Road and out to Deming Street. A walking trail system is proposed along the western portion of the site and the first phase of that trail system will be built along with the hotel and residential projects. Bikeways are not formalized; however the inner road network has traffic speeds slow enough to accommodate bikers. As development continues, we want to continue to ensure that there is a strong pedestrian and bicycle connection between the many facets of the project.
- Maximum impervious coverage allowed is 60%, with a minor bonus for consolidated parcels and a minor reduction for 6-story hotel. There is a requirement in the Gateway zone that area reserved for open space and set aside to meet impervious coverage requirements shall be distributed throughout the site in such a manner that the land is visible from public streets and/or useable (for example, for pedestrian circulation, outdoor entertainment and cultural events, bandshell, or arts/crafts shows).
- The Gateway zone allows increased height for increased setback from Buckland Road. All of the retail buildings are proposed to be one or two stories. The office buildings vary from two to four stories, and the current hotel proposals are for four stories. A waiver would be required for the six-story hotel. That waiver may be granted by the Commission for a building located at least 200 feet from any public street and from any residential zone boundary, and the Commission determines it meets other criteria listed in Section 4.2.8G. The approved Cambria Suites hotel will be four stories.
- All of the parking is proposed to be surface parking. The Gateway zone regulation notes that it is the intent of this regulation to create off-street parking that is creative and to achieve attractive, innovative parking layouts that will accent and highlight buildings and features of the zone. The view of parking areas from Buckland Road shall be minimized through the use of perimeter landscaping and berms. To the fullest extent possible, existing trees shall be saved by appropriate welling and mounding. Other landscaping elements such as decorative fencing, sculpture, fountains, stone walls, or attractive walkways and pedestrian spaces are highly encouraged. Off-street parking must generally be distributed around buildings.
- Existing trees and hedgerows must be incorporated into site design and preserved to the maximum extent possible. The applicant should be aware that at the site plan stage, tree and hedgerow preservation must be satisfactorily addressed.
- We want to emphasize that outdoor storage is not permitted in the Gateway zone. All business must be conducted within completely enclosed buildings, with a few exceptions such as seasonal outdoor dining and outside display on the interior part of a pedestrian environment, such as a village-style shopping center.
- Decorative lighting used for this development has set the standard for the remainder of the zone.
- A 75-foot buffer is required along residential zone boundaries and has been shown on the development plan. The Commission approved a combined buffer and yard.
- There are regulated wetlands on the site. IWA/CC approval is required at the site plan stage.
- Public water is available in Buckland Road. Public sewerage is provided via a cross-country line that connects to the existing system in Clark Street.
- Prior to any actual building or site construction, a full site plan of development that is in conformance with the approved general plan must be submitted and approved by the Commission. The site plan will include all of the engineering details as well as final building design and site layout.
- If this General Plan is approved, Planning Dept. requests that several of original approval conditions related to general development of the site be incorporated into this approval.
The Planner distributed the original approval letter for Evergreen Walk to the Commissioners.
Vice Chairman Wilson read a letter from Elizabeth Maheu, General Manager of The Promenade Shops at Evergreen Walk, into the record requesting a 4-way stop be installed at Tamarack Avenue and Evergreen Way (Exhibit A). A second letter from Fire Marshal, Walter Summers concerning the Buckland Road Area Development Water Supply was read into the record (Exhibit B).
Mr. Lamson addressed the first letter stating they have no issue with the installation of stop signs if traffic authorities determine it to be done. It will not be addressed on the general plan but can be done on the next site plan.
Concerning water supply issues, Mr. Lamson stated they have been in discussion with the fire marshal and are aware of being at supply limits with the addition of Town Square and the office building. It is a matter of working with two towns and two private water companies for the solution. Mr. Forsley stated they have spoken with CT Water and the town of Manchester but have not found the person to speak with at MCD. He described the site and water sources. Their intention is to find a solution.
Commissioner Marrero brought up the four way stop and requested an accident history of the intersection. The Planner stated she spoke to Chief Reed who is not opposed to a four way stop but did not have much about the intersection’s accident history because typically the PD does not get reports from private property unless complaint letters are filed. The management of Evergreen Walk will be a better source for that information.
Mr. Skip Bourke from South Windsor Walk & Wheel Ways voiced support for pedestrian and bicycle trails and path ways and inquired about the maps.
Commissioner Bonzani made a motion to approve with the following modifications:
- Site Plan of Development approval is required prior to construction, per Section 4.2.15.D of the zoning regulations. Construction phasing must be included on Site Plan of Development if appropriate.
- No building permits will be issued until any required STC certificate has been issued (per CGS §14-311).
- The Commission notes that this approval is for a General Plan of Development, which does not address all engineering and site design details. The applicant must submit an application for a site plan of development approval, at which time the Commission will review all specific details of the project, including but not limited to the following concerns raised during the Zone Change/General Plan application process:
- The applicant must evaluate modifying the existing intersection at Tamarack and Evergreen Way for consideration of incorporating a four-way stop.
- Any application for approval of a “Final Plan” for the development of an additional area within Evergreen Walk, which area is not as of this date the subject of an approved “Final Plan”, shall require~ submission of a written plan of action to provide adequate water supply for the proposed use.~ This requirement shall not apply to a modification of any existing “Final Plan” approval for any portions of Evergreen Walk.
- The Plum Gulley Brook/Podunk River watershed is a highly sensitive watershed and stream corridor, hydrologically, hydraulically and ecologically. Storm drainage design at the site plan stage must thoroughly and adequately address storm water quality and quantity, including both on-site and downstream impacts.
- Views of parking areas from Buckland Road must be minimized through the use of berms and perimeter landscaping. Parking lot lighting in close proximity to Buckland Road will be pedestrian-style (but may be higher and brighter).
- Roofs and roof equipment must be screened from Buckland Road, Smith Street and Deming Road.
- Pedestrian and bicycle interconnection between the lifestyle center (“main street” retail center), indoor recreation facilities, office and housing must be provided.
- Delivery trucks must use routes other than the “main street” to make site deliveries.
- When details of Buckland Road widening are finalized at the site plan stage, adequate additional right-of-way along Buckland Road must be provided.
- Trees and hedgerows must be preserved to the maximum extent possible; preservation details to be shown on the site plan.
- No outdoor storage is allowed in the Gateway zone, per Section 5.8.6.c of the zoning regulations.
- Construction phasing, including phasing of external roadway improvements, must be shown on the site plan.
- As additional green space is added, it should include some of the site’s existing natural features.
Vice Chairman Wilson seconded the motion
The motion carried and the vote was unanimous.
- Appl. 14-11P, Folsom Construction Temporary and Conditional Permit - request for a 2 year temporary and conditional permit (Section 2.13.a) for construction materials and equipment storage at 595 Nutmeg Road North, I zone
Commissioner Dexter made a motion to approve with the following modifications:
- The Temporary and Condition permit will expire on March 11, 2016, and must be renewed before that time if the use is to continue.
- Outdoor storage is limited to the area depicted on the plans submitted..
- All free standing signs and temporary signs require the issuance of a sign permit before they are erected.
Commissioner Foley seconded the motion
The motion carried and the vote was unanimous.
- Appl. 14-07P, South Windsor Stone & Landscaping Supply, LLC – request to expand the special exception granted to Article 4, Table 4.1.1A for a landscape material sales and storage business located at 287 Strong Road to include the property at 275 Strong Road, and site plan modification for the combined properties, I zone (action by 4/17/14)
The Chairman took the agenda out of order to accommodate the Commissioners present and business at hand and proceeded to the next item on the agenda.
- Stop and Shop Change Order – request to add storage lockers outside the store to accommodate pickup of on-line grocery purchases (see attached letter)
The Town Planner described the concept and that Mr. Dick Kelly, property owner, observed like installations at other Stop & Shops around the state and has approved the idea for the South Windsor store. The Chairman asked if the bike rack is displaced will it be relocated to another area. The Planner stated it will be a condition of approval.
Commissioner Bonzani made a motion to approve the change order with conditions
Commissioner Marrero seconded the motion
The motion carried and the vote was unanimous.
- Preliminary discussion with Dave Caron regarding property located at the southerly end of Patria and Schwier Roads for an outdoor motor-cross recreational facility (see attached letter)
Discussion cancelled by Mr. Caron until a later date.
Commissioner Carroll arrived at 8:28 p.m. and was reseated. Commissioner Dexter was no longer seated for the Commissioner.
- Election of PZC Secretary
Chairman Pacekonis opened the floor for nominations for Secretary.
Commissioner Bonzani nominated Commissioner Marrero for Secretary.
The Chairman closed the nominations
The Secretary casts one ballot for himself for Secretary.
Commissioner Foley (who had previously recused himself from Appl. 14-07P), Commissioner Kuehnel and Alternate Commissioner Dexter left the meeting at 8:35 p.m.
- Appl. 14-07P, South Windsor Stone & Landscaping Supply, LLC – request to expand the special exception granted to Article 4, Table 4.1.1A for a landscape material sales and storage business located at 287 Strong Road to include the property at 275 Strong Road, and site plan modification for the combined properties, I zone (action by 4/17/14)
Chairman Pacekonis stated a draft was sent to the Commissioners earlier in the day with denial conditions to review.
Vice Chairman Wilson made a motion to deny with the following modifications:
The Commission is denying the application as they have determined that the proposal does not meet the requirements of the zoning regulations and the criteria for approval of a special exception as outlined in Section 8.4 of the Zoning Regulations in the following ways:
- The applicant has failed to establish that the site can safely accommodate the proposed truck and retail traffic as required by Section 4.1.5 and 8.4. The proposed plan evidences the potential for adverse traffic impacts resulting from the conflict of trucks entering and exiting the proposed 12 foot wide drive. Also, adding a third driveway along the property frontage creates the potential for conflicts with vehicles entering and exiting the site at multiple points. There also is the concern for safe on site vehicle maneuvering given the site size constraints and the location of the proposed truck driveway in relation to the residential home. The location of the new access drive (approximately 18-20 feet from the side of the residential house) is not safe.
- The land is not physically suited for the proposed use. The Commission is concerned that the use of the existing site already exceeds the bulk requirements for the zone. The site is a very tight site and does not have adequate room for top soil processing and screening in addition to the retail sales and storage of landscaping materials.
- The existing and proposed conditions on site do not and will not meet the zoning regulations. For example, the site currently exceeds the bulk requirements for the zone. The applicant’s truck circulation, activities and equipment storage currently is taking place on the adjacent property (owned by another of the applicant’s LLC) without the benefit of any zoning approvals.
- In addition, Sec. 2.11 Commercial and industrial Storage and Display allows for the storage of any material outside a building provided that it is not visible from the public way. Existing piles are already visible from the public way. The applicant represented that dirt piles could be as high as 14 feet and would be visible from Strong Road; however only a six foot fence is proposed to visually screen the top soil screening activities.
- Other existing violations include: the addition of a several landscape bins not originally shown on the site plan; removal of landscaped areas, (in one location resulting the removal of a 60 inch tree to add more bins), and expansion of graveled areas.
- The proposed use creates adverse environmental impacts on the neighbors in that significant dust and tracking of mud have been documented while the screening operations were ongoing on site.
- The Commission has considered the balance between neighborhood acceptance and community needs and finds that, although screened top soil certainly is a worthwhile commodity, the applicant already owns another more appropriate location within town where screening and processing is already permitted and is conducted without negatively impacting residential neighbors.
- Neighbors also have provided evidence of violations of the original site plan; pictures and documentation of truck traffic; complaints about truck noise related to the screening operation. The Commission noted that no complaints had been filed until this screening operation started up in the spring of 2013. The screening activities went on all summer despite the applicant being under zoning enforcement.
- On balance, the lack of neighborhood acceptance of the proposed use weighs heavily in favor of denying the modifications to the special exception.
- Present and proposed utilities, streets, drainage system, and other improvements have adequate capacity to accommodate the proposed use. The drainage swale leading to the stormwater pond that was to be established has been eliminated and the area is now gravel to accommodate traffic circulation. No provision to correct this drainage issue was presented.
- The overall physical appearance of the proposed development will not be compatible with surrounding development and the Commission’s goals for the neighborhood/corridor. As already noted, there is an inadequate ability to hide the huge stockpiles of material from visibility by a public way, much less the neighbors.
- The applicant has failed to establish that the proposed modifications will not have a negative impact on neighboring property values. Neighbors stated that the new activities on the site have had a negative impact on their quality of life and, therefore, their properties’ resale values.
Commissioner Bonzani seconded the motion.
Chairman Pacekonis stated the applicant had not resolved the driveway conflicts. Commissioner Bonzani stated he had visited the site which he found to be too tight for the operations proposed. The Chairman agreed the layout of site and bins create potential for conflict and accidents occurring. Commissioner Bonzani stated the truck traffic arriving and backing up combined with retail traffic by car and then when customers are on foot on site is too much for the site but has no problem with selling the top soil on site.
Chairman Pacekonis stated the applicant had a problem complying with the past conditions of approval and would rather seek compliance rather than expansion. The bulk issues with the site increasing may not change recalling 6’ fencing retaining 14’ piles. Commissioner Bonzani stated he has no problem with anyone expanding their business but it is not the right site to expand the business the way the applicant would like with the real potential of unsafe conditions for unloading trucks backing up with limited site lines and parked cars.
Commissioner Carroll stated it is not meeting the conditions of the special exception which has rules to conform to the neighborhood and get along with neighbors. Chairman Pacekonis stated the drainage swale leading to the storm water pond is not compliance.
Commissioner Marrero suggested the applicant move the screening operation to their other site and bring the screened material in for a viable business to sell top soil where the bins are located. This is not meant to prevent the applicant from doing what he is doing. Commissioner Carroll noted for a regular consumer to come in on site to buy the product is different than dump trucks coming in to unload to a screener, to reload, and move the material to another area on site. Commissioner Bonzani stated trucks coming on site to safely unload product is part of the business even if a site is tight but for trucks to load a screener, which also takes up room, with materials is asking too much of the site.
The vote was called and the motion to deny carried and the vote was unanimous.
BONDS: Callings/Reductions/Settings
MINUTES: 2/25/14 with corrections adopted by consensus.
OLD BUSINESS:
OTHER BUSINESS:
A Special Meeting will be scheduled for March 25 at 6:15 p.m., prior to the regular meeting, for a discussion with Glen Chalder of Planimetrics regarding drafting zoning regulations for the Town Center.
CORRESPONDENCE / REPORTS:
ADJOURNMENT:
Motion to adjourn the meeting at 8:51 p.m. was made by Vice Chairman Wilson
Seconded by Secretary Commissioner Marrero
The motion carried and the vote was unanimous.
Respectfully Submitted,
Lauren L Zarambo
Recording Secretary
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