HomeMy WebLinkAboutRegulation Amendment - denied TOWN OF SOUTH WINDSOR
PLANNING&ZONING COMMISSION o w N s q
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Application No: 66
Official Receipt No:
Receipt Date: vw
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APPLICANT: �' w�11� =r►�113 (�j s��u•ct�r�'
ADDRESS: l �U((.i �/nW -,�> ;v• (,(Jc,J 5eivl. r: 0 Cn07
OWNER OF RECORD ON LAND RECORDS:
ADDRESS:
COMPLETE LOCATION OF PROPERTY:
ASSESSOR'S MAP # PARCEL # ZONE
NAME, ADDRESS, TEL& FAX # OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED:
i
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
❑ Earth Filling (Sec. 15) and/or Earth Removal (Sec. 14 - Public Hearing required)
Regulation Amendment: Zoning El Subdivision (Attach proposed amendment
`Temporary and Conditional ermit for �h )
❑ 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.
Signature of Applican Signature of Property Owner
(See reverse side for additional information)
Mobile Food Vendors
A
Intent
Mobile food vendors,under the Town Code of Ordinances,may locate at a property with the owner's
written permission and sell their wares to persons working or living there,and then move to another
property. The Town Code does not address stationary locations,both within public rights-of-way as well
as on State and private property. The intent of this Section is to allow mobile food vendors to temporarily
locate on suitable private property which shall be regulated as follows:
(1) A mobile food vendor shall be defined as a person who goes from town to town or place to place
within a town,selling food in a ready-to-consume state,from within or alongside a mobile
vending vehicle or cart. The operation must remain truly mobile and shall be removed daily,in its
entirety,from any approved location between sunset and sunrise.
(2) This use shall only be allowed in the GC,and I zones.
(3) This use shall not be allowed on the same property with,or within 500 feet of the property line of,
a property containing a permanent eating establishment or an establishment which sells alcoholic
beverages for off-premises consumption.
(4) There shall be no more than one mobile food vendor per property.
(5) The location of any vending vehicle,cart,trash receptacle,sign,etc shall not obstruct line-of-sight
or flow of traffic both on-and off-site and shall not obstruct the use of any required parking space,
driveway or pedestrian pathway. There shall be adequate off-street parking for patrons of existing
establishments and those of the mobile food vendor. All trash receptacles,signs,etc.Related to
the use shall not be located more than 15 feet from the vending vehicle.
(6) The mobile food vendor shall be limited to one temporary freestanding sign,not to exceed 8
square feet per side. Flags,pennants,pinwheels,flashing lights or other devises,intended to
attract attention to the use,but potentially distracting to motorists,shall be prohibited.
(7) The mobile food vendor shall provide with the application,written permission from the owner of
the property on which he/she intends to locate.
(8) For approval,the mobile food vendor shall provide an adequate plan(or a suitable substitute
agreed to by staff indicating the location of any vending vehicle,cart,sign,etc.In relation to
buildings,sidewalks,parking spaces and driveways.
(9) The mobile food vendor shall provide adequate trash receptacles on the property and shall be
responsible for maintaining a litter-free condition on the entire site associated with this use while
the applicant exercises the permit or lease.
(10) If there is a disagreement on any issue between the staff and the applicant,the applicant will be
referred to the Commission for site plan approval,or at the Commission's discretion depending on
impact to surrounding areas and establishments.
(11) Such approval shall be for a period not to exceed three months. Upon expiration,the property
may not be used by any mobile food vendor for three months.
(12) Upon vacating a property,the mobile food vendor shall remove all traces of his/her business and
restore the property to its original condition.
(13) The application fee shall be$25.00.
(14) The mobile food vendors must have a valid peddlers license and health permit in addition to the
approvals specified in(10)and(11)above.
(15) This regulation shall not apply to special events sponsored by public or quasi-public,nonprofit
organizations.
BUSINESSES § 18-34
ARTICLE I. IN GENERAL (2) Address.
Secs. 18-1--18-30. Reserved.
(3) Nature of business and goods to be sold.
(4) Name of employer.
ARTICLE H. PEDDLERS* (5) Length of time for permit.
(6) If a vehicle is to be used, a description of
Sec. 18-31. Definitions. such vehicle.
The following words, terms and phrases,when (7) Photograph taken within 60 days, which
used in this article, shall have the meanings shall be two inches by two inches showing
_ ascribed to them in this section,except where the head and shoulders in a clear and distin-
guishing manner.
context clearly indicates a different meaning:
Peddler means any person traveling by foot,
(8) Names of two reliable references or other
wagon, automotive vehicle, or any other type of evidence of good character.
conveyance, from place to place, from house to (9) A statement as to whether the applicant
house, or from street to street, carrying, convey- has been convicted of any crime, misde-
_:= ing or transporting goods, wares, merchandise, meanor or violation of any municipal or-
vegetables, fruits or farm products; offering and dinance, nature of offense and punish-
= exposing the same for sale; or making sales and ment or penalty assessed therefor.
delivering articles to purchasers or who takes or (b) A fee of$200.00 shall be paid for the initial
attempts to take orders of the same for future application and a fee of $2.00 for each renewal
delivery,Cexcept for persons who do not require thereof; however, no fee shall be charged for the
full payment at the time of solicitation,; or who permit for a nonprofit organization exempt from
without traveling from place to place,shall sell or federal taxation by section 501 of the Internal
offer the same for sale from a wagon, automotive
vehicle, or other vehicle or conveyance. Revenue Code of 1986 (26 USC § 501), or any
_ - (Code 1978, § 4-102) subsequent corresponding Internal Revenue Code
Cross reference—Definitions generally, of the United States,as from time to time amended,
g y,§ 1-2. or a charitable organization.
Sec. 18-32. Permit. (Code 1978, § 4-103)
It shall be unlawful for any person to engage in Sec. 18-34. Investigation.
the business of a peddler within the corporate
limits of the town without first obtaining a permit (a) Upon receipt of an application required by
therefor as provided herein, and without also this article, the chief of police shall cause an
Obtaining a seller's permit under C.G.S. § 12-409. investigation of the applicant's business and moral
(Code 1978, § 4-101) character to be made as he deems necessary for
the protection of the public good.
Sec. 18-33. Application and permit fee.
(b) If as a result of such investigation the
(a) An applicant for a permit under this article applicant's character or business responsibility is
must file a sworn application in writing with the found to be unsatisfactory,the chief of police shall
chief of police on a form to be furnished by the endorse his disapproval and the reasons therefor
chief, which form shall give the following infor- on the application and shall notify the applicant
mation: that his application is disapproved and that no
s (1) Name and description of applicant. permit will issue.
*Cross reference—Streets, sidewalks and other public (c) If the application is approved, the chief of
Places,ch. 86. police shall endorse the same to that effect and
State law reference—Authority,C.G.S. §21-37. shall execute a permit addressed to the applicant
R�
CD 18:3
§ 18-34
SOUTH WINDSOR CODE
for carrying on the business applied for and conditional
return the same to the applicant upon payment of of orders for merchandies of se for or to futurethe talon
5 the prescribed fee. g
when full payment is not required at the time of
(d) Permits shall be valid for one year from the solicitation. me of
date of issuance. ' (Code 1978, § 4-108)
(Code 1978, § 4-104)
Y Sec. 18-35. Use of permit. Sec. 18-39. Veterans.
No permit issued under this article shall be Nothing in this article shall be deemed to limit
the exemption granted to veterans by C.G.S.
used by any person other than the one to whom 21-30. §
issued. (Code 1978, § 4-110)
(Code 1978, § 4-105)
y °Q Sec. 18-36. Streets and highways.
No peddler shall have any exclusive right to
j any location in the public streets,nor shall any be
permitted a stationary location, nor shall he be
permitted to operate in any congested area where
his operation might imp-
public.public. de or inconvenience the
„
(Code 1978, § 4-106)
Sec. 18-37. Re� vocation.
d re-
voked by the chief of polio after notice and
.e
hearing for any of the following causes:
(1) Fraud, misrepresentation or false state-
ment contained in the application.
(2) Fraud, misrepresentation or false state-
ment made in the course of carrying on
44 his business as a peddler.
$ (3)a Violation of this� article.
r (4) Conviction of any crime or misdemeanor
' involving moral turpitude.
(5) Conducting business
� g in such a manner as
to constitute a breach of the peace.
(Code 1978, § 4-107)
Sec. 18-38. Exemptions.
This article shall not apply to sales by farmers
and gardeners of the
i produce of their farms,
gardens and greenhouses,including fruit,vegeta-
bles and flowers, or to the sale, distribution and
delivery of milk, teas, coffees, spices, groceries,
meats and bakery goods, to sales on approval, to
CD18:4
Jan 13 00 09: 13a South Windsor Police 644-0515 p, 3
PEDDLER'S
Caton of boutb Vinboor PE
RM
South Windsor, Connecticut
No. 0508
N-A
Name Address
Is hereby authorized to solicit and carry on business for the purpose of selling:
in the Town of South Windsor,Connecticut. License shall be valid for one year from date of issuance.
Approved
0 Initial Fee$200.00
Gary K.Tyler
Chief of Police D Renewal Fee$2.00
Date
The State of CT prohibits vendors from operating on state owned lands andlor rights of way.
A Town Permit will be voided if a violation exists or is so noted
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C� Capitol Region Council Of Governments
241 Main Street • Hartford, Connecticut • 06106
reay Telephone(860)522--=7•Fax(860)724-1274
a
ZONING REFERRAL FORM
�t'FAN61 � •
FOR: NOTIFICATION OF REFERRALS BY ZONING COMMISSIONS OF THE CAPITOL REGION
FROM: ( ) Zoning Commission
AIEWERS (g ) Planning and Zoning Commission of South Windsor
Andover ( ) City or Town Council (Municipality)
Am (acting as Zoning Commission)
Bmomftdd TO: Capitol Region Council of Governments
gotton Community Development Department 3/2 7/2000
Calton 241 Main Street (date)
First Granby Hartford,CT 06106
Fast HarVW Pursuant to the provisions of Section 8-3(b)of the General Statutes of Connecticut,as amended,the following
East wbrd w proposed zone change is referred to the Capitol Region Council of Governments for comment:
Emon
Enfld NATURE OF PROPOSED CHANGE
Farnungtm ( ) Adoption of amendment of ZONING (X) Adoption or amendment of ZONING
Gkstionbury MAP for any area within 500 feet REGULATIONS applying to any zone
Eby of another Capitol Region Munici- within 500 feet of another Capitol Region
pality. Attach map showing proposed Municipality. Attach copy of proposed
HwOvd age• change in regulations.
Hebron
Manrheater THE CHANGE WAS ORIGINALLY REQUESTED: ( ) by municipal agency_ South Windsor
Mariiwugh (Specify)
Ntmirrgton ( ) by petition
Radj m PUBLIC HEARING ON SAID CHANGE IS SCHEDULED FOR: S/9/2000
Simsbury MATERIAL SUBMITTED HEREWITH: -
Son= ( ) Public Notice
( � Regulation Changes ( X ) Other(Specify)application
South witrdsor ( ) Map of Change ( ) Supporting Statements
Suffrdd
Tollmrd (FOR USE BY CRCOG)
Date postmarked
v`n101 k644
Date received (Authorized S' store)
westHartjod Received by Title Assistant Director of Planning
wethersftdd File Number Address
-1,1AQ Sjull�Evan—A nue
Windsor South_Wind� sor, CT 06074
wuuwr IOC13
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.Klebanof,,
Chairman CRCOG4/97
Richard J.Porth,
Executive Director
voluntary Council of Governments formed to initiate and implement regional programs of benefit to the towns and the region
Z:
PLANNING DEPARTMENT
IN-HOUSE REFERRAL FORM
TO: Matt Galligan, Fred Shaw, Michael Gantick, Thomas Field, Bill Lanning, John Bond, Ray
Favreau, Karl Reichle, Mel Stead, John Collins, Bob Deptula, Jerry Iazzetta
FROM: Marcia A. Banach, AICP, Director of Planning
The Planning & Engineering Departments have received plans for the following project:
- 0 .bar
Location:
O Site Plan 0 Subdivision No. Acres Zone /17
0 Industrial 0 Commercial 0 Residential No. Lots/Units
Water: 0 Public 0 Private Well Sewerage: 0 Public 0 Septic systems)
Project Description: 04y-e/rn L4i L- 19 2
Future Town-owned property involved? 0 Yes grNo
O new street(s) O new detention area
O new open space/recreation area O active 0 passive
Planning Department notes: < -2
Please comment by �l/ �l�a and return to the Planning Department.
Capitol Region Council Of Governments
PQ
U
241 Main Street • Hartford • CjDnne ticut • 06106
Telephone (8,6Q 'S2 '2217 • Fax'(86U) -1274
www crcokvr�.
40
Stephen T. Cassano, Chairman
Richard J. Porth, Executive Director
May 1, 2000
MEMBERS Q �����{��Q�
Andover PLANNING AND ZONING COMMISSION S�MTWW MAN ZONING• REFERRAL
Town of South Windsor 2000/35
Avon
Bolton COMMISSIONERS:
Bloomfield Receipt is acknowledged of the above-mentioned referral. Notice of this proposal was
Canton transmitted to the Planning Division of the Capitol Region Council of Governments under the
East Granby provisions of Section 8-3(b) of the Connecticut General Statutes, as amended.
East Hartford This referral involves proposed amendment to Zoning Regulations to add new Section, Mobile
East Windsor Food Vendors. The intent is to allow Mobile Food Vendors to temporarily locate on suitable
Ellington property in General Commercial or Industrial zones.
Enfield Comment: The staff of the Regional Planning Commission of the Capitol Region Council of
Farmington Governments has reviewed this referral and finds no apparent conflict with regional plans and
Glastonbury policies or the concerns of neighboring towns.
Granby Questions concerning this referral should be directed to Karen Berchtold.
Hartford
In accordance with our procedures this letter will constitute final CRCOG action on this
Hebron referral. The public hearing date has been scheduled for May 9, 2000.
Manchester
DISTRIBUTION:
Marlborough planner: South Windsor, Hartford, Windsor, Respectfully submitted,
Newington East Windsor, Ellington, Vernon, Daniel Methot, Chairman
Rocky Hill Manchester, East Hartford
Simsbury
Somers Timothy Fitzgerald, Vice Chairman
Regional Planning Cormrn ss.
South Windsor
Suffield Karen Berchtold
Tolland Community Development Planner
Vernon
West Hartford
Wethersfield
Windsor
Windsor Locks
A voluntary Council of Government formed to initiate and implement regionalpro
,grams of benefit to the towns and the region
�s
06
South • •
Planning
Department
Memo
To: Mobile Food Vendors
From: Marcia A. Banach, AICP, Director of Planning
Date: 05/04/00
Re: Proposed Zoning Amendment re Mobile Food Vendors
An application was filed with the South Windsor Planning and Zoning Commission that, if
adopted by the Commission, would regulate the location of mobile food vendors. There are
provisions in that proposed amendment that would impact your vending operation. Two major
provisions that would impact you are (1) mobile food vendors would be allowed only on land
zoned Industrial or General Commercial, so some of you would no longer be allowed to
operate at the sites you operate at now; and (2) on properly zoned sites, mobile vendors
would only be allowed to stay at a stationary site for 3 months, with that site then being
vacant for 3 months.
The Planning and Zoning Commission is having a public hearing on this proposal on
Tuesday, May 9, 7:30 p.m. in the Council Chambers at Town Hall, 1540 Sullivan Avenue.
The purpose of the public hearing is to get input from the public regarding proposed
applications. This is the opportunity for input regarding how the amendment would affect your
business. Once the public hearing is closed, there will be no further opportunity for input, so it
is important that any comments you have be submitted at the public hearing. Comments can
be made either in person at the hearing or by submitting a letter at or before the public
hearing. If you want to submit a letter prior to the hearing, please be sure we receive it at
Town Hall before the close of business on Tuesday, 4:30 p.m.
If you have any questions regarding the proposed amendment, please contact the Planning
Department at 644-2511, ext. 253. (1 will be out of the office next week, so ask for Michele
Lipe, Assistant Director).
9 Page 1 1540 Sullivan Avenue,South Windsor,CT 06074 860-644-2511,ext.253
Mobile Vendors Zoning Amendment; PH 5-11-00
1. Request for adoption of a zoning amendment to regulate mobile food vendors
and restrict them to Industrial and General Commercial zones. Currently such
vendors are not addressed in zoning regulations but are required by Town
ordinance to obtain a peddler's permit from the Police Dept. Police Dept.
permits do not address location or type of peddler. The Town ordinance
prohibits any peddler from having exclusive rights to any location in the public
streets, and no peddler is permitted a stationary location or allowed to operate in
a congested area where the operation might impede or inconvenience the
public. Also, the permit notes that the State of Connecticut prohibits vendors
from operating on State owned lands and/or rights of way.
2. The proposed amendment has the following major provisions:
♦ Mobile food vendors would be allowed only in General Commercial and
Industrial zones. The GC/I areas encompass Sullivan Avenue from about
Geisslers to Route 5, and virtually the entire length of Route 5, plus the
north side of Chapel Road from Rt. 5 to Route 30. Mobile food vendors
would no longer be allowed on the south side of Chapel Road, on any of
Ellington Road, Oakland Road, or Buckland Road, nor on Sullivan Avenue
between Geisslers and Route 30.
♦ The vendors would not be allowed on the same property with or within 500
feet of the property line of a property containing a permanent eating
establishment or liquor store or market that sells alcoholic beverages for off-
site consumption.
♦ There is a three-month permit duration period. After the 3 months is up, that
site cannot be used by any mobile food vendor for three months.
♦ Adequate trash receptacles must be provided, and the site must be kept litter-
free.
♦ It appears that the permit would be staff issued, with any disagreements
being referred to the Commission for site plan approval.
3. South Windsor Police Dept. records indicate that there are six active permits
for mobile food vendors in South Windsor at this time. Several have been
locating in the same place for many years, such as the one on the old drive-in
site at the corner of Chapel Rd and Rt. 5; one on Route 5 south of JES
industrial park; one at South Windsor Tobacco Farms; and one at Stebens
�`1
Glass. For the vendors located in the industrial or general commercial zones,
the main impact would be that they can only operate for three months at their
current locations, then must move somewhere else for three months. The
vendors that are located outside of GC and I zones, such as the one on the
drive-in site and the one at Stebens Glass, would have to find a new location
in GC or I zones.
4. In addition to any modifications that the Commission may suggest, we suggest
a minor revision in the first paragraph that clarifies that location on State
property is prohibited by the State of CT. If the Commission agrees with the
proposed application fee, we would also want to remove the application fee
from the regulation and insert it into the Commission's general fee schedule
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9 G 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
soe•co�' AREA CODE 860/644-2511
May 23,2000
CERTIFIED MAIL
Mr. Thomas Demkoski
976 Sullivan Avenue
South Windsor, CT 06074
Re: Appl 00-1OP,Demkoski Amendment
Dear Mr.Demkoski:
At its May 16, 2000,meeting the Planning and Zoning voted to deny your request for a proposed
amendment to establish guidelines and requirements for mobile food vendors. The reasons for
denial are as follows:
1. This application as presented is not in accordance with the Town Plan of Development;
2. this application is not in accordance with the Comprehensive Plan of Zoning in the Town;
3. there hasn't been a demonstrated need for a regulation of this type of activity beyond the
regulations that currently exist through the Police Department and the Health
Department.
Sincerely,
Walter J. Mealy, Chairman
Planning and Zoning Commission
WJM/dlw
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