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HomeMy WebLinkAboutRegulation Amendment (5) TOWN OF SOUTH WINDSOR R E C EJ)-/-- PLANNING &ZONING COMMISSIONX_ APPLICATION FORM t Application No: Official Receipt Date: Receipt No: SQVTk WE o €), APPLICANT: ADDRESS: Ptteyio l k 7, Z OWNER OF RECORD ON LAND RECORDS: ADDRESS: COMPLETE LOCATION OF PROPERTY: �- ASSESSOR'S MAP # PARCEL# ZONE G NAME, ADDRESS, TEL& FAX # OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED: L q�( 7L - THIS APPLICATION IS FOR: (Check all that apply): ❑ Zone Change to (Public Hearing required and Certified letter to abutters required) ❑ Subdivision/Resubdivision ❑ Open Space Subdivision (Public Hearing Required) ❑ Subdivision ❑ Minor ❑ Major ❑ Resubdivision (Public Hearing Required) ❑ Minor ❑ Major ❑ Conditional Approval ❑ Special Exception to Article (Public Hearing, Certified letter to abutters required) ❑ Site Plan of Development ❑ General Plan of Development �0 ❑ Earth Filling (Sec. 15) and/ Earth Removal (Sec. 14 - Public Hearing required) d Regulation Amendment: Zoning ❑ Subdivision (Attach proposed amendment) Temporary and Conditional Permit for ❑ Major Home Occupation for ❑ Other (explain in detail) An Application Pending sign is required to be posted on the property for all applications ten (10) days prior to being heard by the Commission. Signatur o Ap icant Signature of Property Owner (See reverse side for additional information) • Section IV:Use Regulations,Residential ASSISTED LIVING FACILITIES 4.20 Assisted Living Facilities (ALF) 4.20.1 Purpose. The purpose of the Assisted Living Facility regulations is to permit the development of a managed residential community having support services that encourages residents primarily fifty-five years or older to maintain a maximum level of independence. 4.20.2 Permitted Uses. The only permitted uses shall be assisted living, as well as accessory uses which are intended and designed for the maintenance and/or operation of the Assisted Living Facility and/or the use of its residents. Incidental retail within the facility is allowed, provided the retail uses are solely to serve the needs of the residents of the facility, as determined and approved by the Commission. There shall be no external advertising or signs related to any internal retail use. 4.20.3 Locations. Application for an Assisted Living Facility may be made in any zone except Industrial. 4.20.4 Use Variances Prohibited. Pursuant to CGS Section 8-6, use variances shall not be granted for any use in or on an Assisted Living Facility building or site. 4.20.5 Application Consideration. Upon application of the owner of the land or the owner's duly authorized agent,the Commission may, in appropriate cases and subject to appropriate modifications and safeguards prescribed by it,grant a Special Exception/Site Plan of Development approval for an Assisted Living Facility(ALF), subject to the requirements of these regulations. 4.20.6 Special Exception Review Criteria. Applications for Assisted Living Facilities may be approved if the Commission determines that: a. traffic impacts will not be detrimental to the residential character of the neighborhood; b. there will be minimal adverse effects on existing uses in the area; c. surrounding property values will be conserved and the character of the neighborhood will not be unduly disrupted; d. impacts will not be detrimental to the capacity of the present and proposed utilities, street, drainage systems, sidewalks, and other elements of the infrastructure; e: the land is physically suited to the proposed use and minimal adverse environmental impacts are created; f. the Assisted Living Facility proposal is consistent with the goals and objectives of the Town Plan of Development; g. the Assisted Living Facility proposal will help meet senior housing needs of South Windsor; h. the Assisted Living Facility facility has been designed to meet the needs of handicapped residents or visitors; Section IV: Use Regulations,Residential i. the architectural design is aesthetically pleasing and blends well into the surrounding area; and, j. the application has met all requirements of these regulations. 4.20.7 Bulk Requirements a. Lot Size/Frontage/Yards/Setbacks. Requirements are as established in the underlying zone. Proposed b. Building Size/Height/Maximum Number of Units. The Assisted Living Facility amendment shall not be larger than 70,000 square feet gross floor area(85,000 square feet gross floor area in GD zone). Building height is limited to the height limitations in the underlying zone. However, in any commercial zone with a maximum building height of two stories/30 feet, an Assisted Living Facility may be increased in height to three stories/45 feet if the front yard setback is increased to at least 125 feet. Maximum number of units within a facility is 100. c. Maximum Impervious Coverage. Maximum impervious coverage in commercial zones is 50%. Maximum impervious coverage in residential zones is 25%; green space in residential zones is intended to be located between the Assisted Living Facility and abutting residences. 4.20.8 Architectural Considerations. Architecture shall be compatible with architecture in the surrounding neighborhood. 4.20.9 Conformance with State of Connecticut codes. The building shall be constructed in accordance with the State of Connecticut Basic Building Code and shall comply with the State of Connecticut,Department of Public Health and Addiction Services requirements for an assisted living facility. 4.20.10 Off-street Parking. One off-street parking space shall be required for every two dwelling units. In addition, the site plan shall demonstrate reserve parking equal to the primary perking in the event that additional parking is needed. (Shared parking facilities may be used to satisfy this latter requirement.) 4.20.11 Improvements. a. Utilities, streets, and related improvements shall generally conform to Town procedures and design standards;however,24 feet pavement width is acceptable, and other standards may be reduced or waived in order to reduce development costs,provided there is no objection from the Town Engineer. All utilities shall be underground. Sidewalks shall only be required where deemed necessary by the Commission.Public sewer and water services are required. b. Where, in the judgment of the Commission, off-street improvements to the municipality's infrastructure(including,but not limited to, streets, sidewalks, storm drainage facilities, illumination, or other system) are required in order to minimize the adverse impacts of the development on the infrastructure, or to ensure the development will function adequately, such improvements shall be installed at the expense of the applicant. Section IV:Use Regulations,Residential 4.20.12 Handicapped Access. Provisions for the physically handicapped, including wheelchair access; curb cuts and curb inclines for sidewalks; dwelling units expressly designed for the handicapped; building access; and parking space location and other architectural treatment shall be in accordance with the State of Connecticut Basic Building Code, and other applicable rules and laws. The Commission may modify the application and increase the requirement to ensure that special needs of handicapped residents are met. 4.20.13 Fire Safety. The development shall be designed to meet all applicable standards for fire safety. Each dwelling unit shall contain a smoke alarm. Fire hydrants and the water system shall be installed in accordance with the requirements of the Commission and Fire Marshal. Unobstructed emergency vehicle access shall comply with all applicable codes and the requirements of the Chief of Police and Fire Marshal, and be approved by the Commission. 4.20.14 Outdoor Recreation. Each Assisted Living Facility must provide at least one acre total of outdoor recreation area(s), creatively designed to provide stimulation(e.g.,bird feeders,benches, gardens). The Commission may require suitable fencing. 4.20.15 Buffer/Screening. Assisted Living Facilities in any residential zone require a buffer area around all sides of the development except the street frontage. Buffer width shall in accordance with Section 10.4.1, Schedule of Buffer Widths. The buffer shall be designed to conform to the requirements of Section 10.4: Assisted Living Facilities in any commercial zone may be required to provide screening around all sides of the development. 4.20.16 Landscape Plan. a. A landscape plan portraying all landscaping elements shall be submitted with the Site Plan application. This plan shall be prepared by a landscape architect. Suitable landscaping,including lawns and nursery-grown trees and shrubs, is required in all areas not covered by impervious surfaces, except that the Commission may waive this requirement in lieu of maintenance of existing natural vegetation. b. Landscape Plan Inclusions. The landscaping plan shall include a listing and count of all trees and shrubs to be planted,by common and botanical names, size (caliper,height,time until maturity) at planting, and height and spread at maturity. Large trees and stands of mature trees and shrubs are to remain undisturbed where practical and desirable. All trees and shrubs to remain undisturbed shall be tagged, or otherwise identified, in the field prior to commencement of site work, and shall be shown on the landscape plan. c. Maintenance of Landscaping. All landscaping elements included on the approved landscaping plan shall be maintained in a manner sufficient to ensure its continuing performance and the survival of all plantings. d. Obstruction by Landscaping. Front yard landscaping shall not obstruct line-of- sight for vehicles entering and exiting the premises,nor shall it unduly obstruct line-of-sight for vehicles traveling on abutting Town or State highways. Corner visibility shall be maintained consistent with Section 3.9 of these regulations. Section IV:Use Regulations,Residential Landscaping shall not obstruct line-of-sight for vehicles entering and leaving either common driveways or other accessways. 4.20.17 Signs. All signs shall be located on the site development plan, and shall be described as to area, dimensions,height, materials,and purpose.All signs must be in conformance with the signage regulations for the underlying zone and are subject to the approval of the Commission. In all residential zones, signage shall be in conformance with Section 17.8.4.h. ,Additional Non-Residential Signs in Single-family Zones 4.20.18 Outdoor Illumination. Outdoor lighting shall be provided, to ensure proper and safe illumination of streets,parking areas, certain recreational facilities, and walkways, in locations and type as approved by the Commission. Such lighting shall be shielded and directed so that indirect light, falling outside the development, shall be of low intensity and shall not cause a nuisance from excessive glare or shine into the eyes of anyone external to the site. In addition, any outdoor illumination shall not shine directly into any dwelling unit. 4.20.19 Solid Waste Disposal. Any solid waste stations (dumpsters) shall be placed on a concrete pad, appropriately screened,maintained, and shown on the site development plan. 4.20.20 Special Exception and Site Development Plan Approval. a. Within an Assisted Living Facility no building permit shall be issued,no building or structure shall be erected, and no land use or land development activity shall be undertaken until a Special Exception and Site Development Plan map(s)have been approved by the Commission and taken effect for said building or structure, land uses,or land development activity. Any substantive changes in facilities or uses to that approved in the Special Exception/Site Development Plan application shall require additional approval of the Commission, and, at the direction of the Commission,may require a new application. b. Application Procedure. Applications for Special Exception/Site Development Plan approval shall be submitted with the required fees on the Commission's form in duplicate. Complete applications shall include seven(7)blue or black line copies each of the Site Development Plan map(s)prepared in accordance with Sections 4.20, 8, 9, 10 and 13 and any other applicable sections of these - regulations, and all other required documentation and submissions noted below. c. Advisory Reports. The Commission may request advisory reports and/or reviews from governmental agencies, commissions, officials,the Design Review Board, or others. The applicant shall furnish to said parties copies of application documents and maps and other information as directed by the Commission. Copies of any such reports shall be provided to the applicant. d. Public Hearing. Said applications shall be considered at a public hearing and acted upon within the time limits of Section 8-7d of the Connecticut General Statutes, as amended. e. Posting of Signs/Notification.of Abutters. See Section 3.20. FtEGIOAI, Capitol Region Council Of Governments 241 Main Street • Hartford, Connecticut • 06106 r 009 Telephone(860)522-2217 •Fax(860) 724-1274 4 ZONING REFERRAL FORM ��FRNMENZ • FOR: NOTIFICATION OF REFERRALS BY ZONING COMMISSIONS OF THE CAPITOL REGION FROM: ( ) Zoning Commission MEMBERS (XX) Planning and Zoning Commission of South Windsor ( ) City or Town Council (Municipality) Andover (acting as Zoning Commission) Avon Bloomfield TO: Capitol Region Council of Governments Bolton Community Development Department June 11, 1998 241 Main Street (date) Canton Hartford,CT 06106 East Granby East Hartford Pursuant to the provisions of Section 8-3(b)of the General Statutes of Connecticut,as amended,the following East Windsor proposed zone change is referred to the Capitol Region Council of Governments for comment: Ellington NATURE OF PROPOSED CHANGE Enfield Farmington ( ) Adoption of amendment of ZONING (X) Adoption or amendment of ZONING Glastonbury MAP for any area within 500 feet REGULATIONS applying to any zone of another Capitol Region Munici- within 500 feet of another Capitol Region Granby pality. Attach map showing proposed Municipality. Attach copy of proposed Hartford change. change in regulations. Hebron Manchester THE CHANGE WAS ORIGINALLY REOUESTED: ( ) by municipal agency- (Specify) Marlborough (X ) by petition Newington Rocky Hill PUBLIC HEARING ON SAID CHANGE IS SCHEDULED FOR: jtily 29, 1998 Simsbury MATERIAL SUBMITTED HEREWITH: Somers ( ) Public Notice (X ) Regulation Changes ( ) Other(Specify) South Windsor ( ) Map of Change ( ) Supporting Statements Suffield Tolland (FOR USE BY CRCOG) Date postmarked _ Vernon Date received (Authorized Signature) West Hartford Received by Title Director of Planning Wethersfield File Number Address 1540 Sul -van AyPnna Windsor South Windsor, CT 06076 Windsor Locks BY LAW,THE ZONING COMMISSION SHALL GIVE WRITTEN NOTICE OF ITS PROPOSAL TO SUCH REGIONAL PLANNING AGENCY NOT LATER THAN THIRTY FIVE-DAYS BEFORE THE PUBLIC HEARING TO BE HELD IN RELATION THERETO. Sandy F.Klebanoff, CRCOG4/97 Chairman Richard j.Porth, Executive Director A voluntary Council of Governments formed to initiate and implement regional programs of benefit to the towns and the region .S0y1N Sf, � Y r �1,r,�r�n C.JJ �1��I�LU"L LU/ • s 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 SOR•c AREA CODE 860/644-2511 June 21, 1998 Mr. Christopher S. Singley Vice President of Acquisitions Village Retirement Communities 715 Putnam Pike Greenville,RI 02828 Dear Mr. Singley: Please accept the apologies of the South Windsor Planning and Zoning Commission for not discussing our agenda item regarding Assisted Living Facilities. I was unaware at the time that you had traveled a considerable distance to attend the meetings. We will try to accommodate any future meeting needs in a more expeditious manner! Thank you for your patience. Very truly yours, PLANNING AND ZONING COMMISSION Walter M. Mealy Vice Chairman WM/mb LAW OFFICES RECEIVE0 CUMMINGS AND LANZA,L.L.C. 1610 ELLINGTON ROAD POST OFFICE BOX 667 SOUTH WINDSOR,CONN.06074-0667Lf jtil�illry Dr��� (860)644-3473 NAMING K ✓ FAX(860)644-3347 HAROLD R.CUMMINGS EDWARD R.KUEHN MICHAEL J.LANZA OF COUNSEL VINCENT J.PURNHAGEN July 15, 1998 Mr. Frank Castro, Chairman Planning and Zoning Commission Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Attn: Marcia Banach-Director of Planning In Re: Village Retirement Communities Application #98-36P Dear Chairman Castro: I would appreciate your noting your file that I am representing Village Retirement Communities with regards to its pending application for change of the assisted living regulation. My understanding is that the Commission has scheduled a public hearing on my client's application for Tuesday evening, July 28th. I would appreciate your consideration in scheduling a special meeting of the Planning and Zoning Commission to be held immediately following the public hearing on July 28th for the purpose of taking action on my client's request, that evening, if possible. As I am sure you can appreciate, giving the limited construction season in Connecticut, my client would greatly appreciate the earliest consideration possible by your Commission of its application. Sincerely rs, H I . um ngs ey for Vil ge Retirement Communities HRC/ss cc: Village Retirement Communities, Inc. Attn: Christopher Singley Village Retirement Communities Zoning Amendment PH 7/28/98 1. Request for a zoning amendment to Section 4.20.7 of the Zoning Regulations to increase the maximum gross floor area of assisted living facilities from 70,000 square feet to 85,000 square feet in the Buckland Road Gateway Development zone. Assisted Living Facilities are allowed by special exception in all residential and commercial zones. 2. There is no maximum building size in the Gateway zone. As is the case with all commercial and industrial zones, the permitted size of industrial and commercial buildings in the Gateway zone does not vary because of proximity to residential neighborhoods. Instead, buffers are required along residential zone boundaries. Thus, any use in the Gateway zone, whether it is a retail shopping center, a hospital, or a light industrial building, could have a much larger building in close proximity to a residential area than an 85,000 square- foot Assisted Living Facility. 3. The previous Commission deliberately designed the Buckland Road Gateway Development zone to allow commercial and industrial uses by right rather than as special exception uses. The significance of this is that proposed uses in the Gateway zone do not have to meet the somewhat subjective criteria that are generally established for Special Exception uses, such as neighborhood acceptance and minimal traffic impacts. Assisted Living Facilities, on the other hand, are special exception uses, so the Commission does have some discretion in approving or denying applications that the Commission feels have unacceptable impacts. Thus, if this amendment is approved, it does not give carte blanche to an Assisted Living Facility to be 85,000 square feet if the Commission thinks that is too large on a specific site in close proximity to a specific residential neighborhood. What it does do is provide an applicant with the ability to build a larger facility where the Commission does not find unacceptable residential impacts. 4. Also, as far as neighborhood acceptance of facilities is concerned, residential neighbors may find Assisted Living Facilities to be more appealing neighbors than other commercial and industrial neighbors that could be proposed under the current Gateway zoning. Because of these circumstances, it seems logical to allow Assisted Living Facilities to be larger in a commercial zone than in residential zones. 5. If this amendment is approved, an Assisted Living Facility would require a special exception and site plan of development application, which requires a public hearing, so that public input would be obtained for a specific location. SOWN SF� C x F 7_0 ; 0-le sloam 7()Ztz� �i m 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 Soe•co` AREA CODE 860/644-2511 August 3, 1998 Mr. Christopher S. Singley Vice President of Acquisitions Village Retirement Communities 715 Putnam Pike Greenville, RI 02828 CERTIFIED MAIL Dear Mr. Singley : Re: Appl #98-36P, Village Retirement Communities' - Zoning Amendment to Article 4.20.7 of the Zoning Regulations We are pleased to advise you that the Planning & Zoning Commission voted on July 28, 1998 to approve your application for a zoning amendment to Article 4.20.7. This amendment will allow an 85,000 square foot assisted living facility to be proposed by. special exception for property located in the Buckland Road Gateway zone. Very truly yours, PLANNING & ZONING COMMISSION Frank A. Castro, Chairman FAC/dlw cc: Town Engineer Chief Building Official Assessor Superintendent of Pollution Control Fire Marshal Hal Cummings, Esquire