HomeMy WebLinkAbout12-46P DeMallie Outdoor Dining Permits TOWN OF SOUTH WINDSOR
PLANNING & ZONING COMMISSION
APPLICATION FORM
Application No:
iciReceipt Date: 11
_
Receipt No: o9 df p9 ® 150,5
APPLICANT: Design Professionals, Inc., Peter R. DeMallie
F �
PROJECT NAME: N/A Q lie, t11 tt� i f ' V�)r ® )) f1 "i�`1<tr4'Ljy7y
y
ADDRESS: N/A
OWNER OF RECORD ON LAND RECORDS: N/A
ADDRESS: N/A
COMPLETE LOCATION OF PROPERTY: N/A
ASSESSOR'S MAP #N/A PARCEL# N/A ZONE N/A
NAME, ADDRESS, TEL 86 FAX #OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED:
Peter R. DeMallie,Design Professionals, Inc.,425 Sullivan Avenue, South Windsor, CT 06074
(860)291-8755-phone (860)291-8757-fax Estimated presentation time: 15 min.
THIS APPLICATION IS FOR: (Check all that apply):
❑ Zone Change to (Public Hearing required and Certificate of Mailing)
❑ Subdivision/Re subdivision ❑ Open Space Subdivision (Public Hearing Required)
❑ Subdivision ❑ Minor ❑ Major
❑ Resubdivision (Public Hearing Required) ❑ Minor ❑ Major
❑ Conditional Approval
❑ Special Exception to Article (Public Hearing, Certificate of Mailing)
❑ Site Plan of Development
❑ General Plan of Development - State Hearing per Section 14-55 for
❑ Earth Filling(Sec. 15) and/or Earth Removal (Sec. 14 - Public Hearing Required)
® Regulation Amendment [2 Zoning ❑ Subdivision - Attach proposed amendment (Public Hearing Required)
❑ Temporary and Conditional Permit for (Public Hearing Required)
❑ In Law apartment/Accessory Apartment (Public Hearing Required)
❑ Major Home Occupation for (Public Hearing Required)
❑ 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.
i4'�t-1A1f11'f' N/A
Signature of Applicant Signature of Property Owner
PERMITS/INSP PAYMENT RECPT#: 20603818
TOWN OF SOUT: WINDSOR
1540 SULLIVAIF AVENUE
SOUTH WINDSO CT 06074
DATE: 11/07 12 TIME: 16:11
CLERK: laurei.lza DEPT:
CUSTOMER#: 0
PARCEL:
CHG: DEP 1EP FEE 125.00
AMOUNT PAID: 125.00
PAID BY: DESIGN PROFESSIONALS
PAYMENT METH- CHECK
15105
REFERENCE:
AMT TENDERED- 125.00
AMT APPLIED: 125.00
CHANGE: .00
P.O.BOX 1167
425 SULLIVAN AVENUE
- ■ SOUTH WINDSOR,CT 06074
PHONE: 860.291.8755
- ■ th - - _ _ FAX: 860.291.8757
r1l n-nvasl.�u1' t vvv rev r , www.ciesignprotessionaisinc.com
CIVIL & TRAFFIC ENGINEERS/ PLANNERS I SURVEYORS / GIS ANALYSTS / LANDSCAPE ARCHITECTS
Serving Connecticut,Massachusetts,&Rhode Island
•
•
:
Proposed Zoning Amendment
South Windsor Zoning Regulations
Outdoor Dining Permits
Section 7.15
November 7, 2012
• Section 7.15 A. I., amend to read as follows: " 1. Permit for 6 tables/�4 seat or less: The
applicant shall provide an adequate plan indicating locations of tables, chairs, etc.,
associated with outdoor dining in relation to the location of buildings, sidewalks,parking
spaces, and driveways. Said permit application shall be submitted to the Town Planner,
and may be reviewed and approved by the Town Planner provided said application is
consistent with the requirements of the criteria enumerated in Section 7.15 B. 1. thru 12.
and is consistent with the intent of these regulations."
:
Section 7.15 B., revise the following items: " 8. Low level exterior audio systems for
mood music are permitted in outdoor dining areas only if volumes are kept low�uid-are
npt nffanei��A+�i >,,,4ing„fepGAies. In areas with abutting residential uses,the
applicant shall periodically monitor noise volumes along all common property lines with
said residential uses , and report said volumes to the Town Planner at least once every
summer, or as the Town Planner otherwise directs. Volumes shall not exceed those
allowed in the Town of South Windsor's noise ordinance."
"l 1. Outdoor dining areas shall not exceed 16 tables(48 seat),unless there are
waitpersons to serve patrons. "
• Document]
SEASONAL OUTDOOR DINING ZONING AMENDMENT PH 5/28/96
1. Request for approval of a zoning amendment that would allow summertime outdoor
dining at restaurants after Commission approval.This amendment would be user-
specific, rather than zone-specific, in that any restaurant that meets the criteria,no
matter what zone they're in,would be permitted to have seasonal outdoor dining.
2. The proposed amendment includes a number of criteria designed to accomplish several
goals:
• prevent outdoor dining from creating trash problems on either the subject site
or surrounding sites. One of the proposed conditions limits the number of
outdoor tables to 4, and seating to 16, unless there are waitpersons servicing
the outdoor dining area.
• provide safety restrictions, such as maintaining emergency access and not
obstructing public property, and
• prevent outdoor dining from becoming a nuisance to abutters.
3. The procedure for approval allows a request for a small number of tables(4 tables,
maximum 16 seats)to apply to PZC without a full site plan prepared by an engineer.
The applicant would, however-,have to provide details regarding location of proposed
tables in relation to the site layout. Applicants requesting more than 4 tables/16 seats
would be required to submit the required information on a site plan in accordance with
existing site plan requirements. Also, the proposed amendment indicates that PZC may
require a public hearing for a larger application for outdoor dining.
4. The Planning Department supports the proposed amendment. The demand for outdoor
dining has increased, and there are both variances and temporary&conditional
permits currently existing for outdoor dining(Mill on the River and Lite Bites are two
examples). The Director of Planning provided extensive input to the applicant
regarding this proposal, and the amendment before you tonight includes all of the
Planning Department's suggestions.
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4'Q`S0,%soloR. Capitol_Region Council of Governments
241 Main Street
r p9 Hartford,Connecticut 06106-5310
a�
Telephone: (860)522-2217•Fax: (860) 724-1274
o�ERNYEN�$' W W WCYCOg.or9 Mary Glassman,Chairman
Lyle A Wray,Executive Director
ZONING REFERRAL FORM
FOR: NOTIFICATION OF REFERRALS BY ZONING COMMISSIONS OF THE CAPITOL REGION
Please fill in,save a copy for your records and send with appropriate attachments by certified mail or electronically to:z_oninpreftcrcog.ori?.
FROM: ❑Zoning Commission
(select one) ®Planning and Zoning Commission South Windsor
❑City or Town Council (acting as Zoning Commission) (Municipality)
TO: Capitol Region Council of Governments
Policy Development&Planning Department
241 Main Street Date of Referral to CRCOG: 11/7/12
Hartford,CT 06106
Pursuant to the provisions of Section 8-3b of the General Statutes of Connecticut,as amended,the following proposed zone change is
referred to the Capitol Region Council of Governments for comment:
NATURE OF PROPOSED CHANGE
❑Adoption of amendment of ZONING MAP ® Adoption or amendment of ZONING REGULATIONS
for any area within 500 feet of another applying to any zone within 500 feet of another
Capitol Region Municipality. Capitol Region Municipality.
Attach map showing proposed change. Attach copy of proposed change in regulations.
THE CHANGE WAS ORIGINALLY REQUESTED: ❑by municipal agency:
®by petition (Specify)
PUBLIC HEARING ON SAID CHANGE IS SCHEDULED FOR: 12/11/12 (Date)
MATERIAL SUBMITTED HEREWITH:
❑ Public Notice ® Regulation Changes ❑ Supporting Statements
❑ Map of Change ❑ Other(Specify):
HAS THIS REFERRAL BEEN SUBMITTED PREVIOUSLY TO CRCOG? ❑YES-ON WHAT DATE?
® N'O,,I
(FOR USE BY CRCOG)
Name:Michele R. Lipe, CP
Date Received (Person Sending Referral)
Date Email Receipt Sent
If Needed,Was Follow-up Sent Certified? Title: Town Planner
Address: Town of South Windsor
CRCOG File Number 1540 Sullivan Avenue
South Windsor,CT 06074
BYLAW(Section 8-3b of the CGS,Effective October 1,2011):When the zoning commission of a municipality proposes to establish or change a zone or any regulation affecting the use of a zone any
portion of which is within five hundred feet of the boundary of another municipality,the zoning commission shall give written notice of its proposal to each regional planning agency of the region in
which it and the other municipality are located.Such notice shall be made by certified mail,return receipt requested,or by electronic mail to the electronic mail address designated by the regional
olannine aeencv on the agency's Internet web site for receipt of such notice not later than thirty days before the public hearing to be held in relation thereto.If such notice is sent by electronic mail and
the zoningcommission does not receive an electronic mail from are ional ia nning agency confirm in receil2t of such notice then not later than twen -five days before the public hearing,the zoning commission shall also send such notice b certified mail return recei t nested to such tannin a enc..CRCOG's email address for submitting zoning referrals is:zoningrefacr .
If you have questions or experience difficulty submitting your referral electronically,please contact Lynne Pike DiSanto at(860)522-2217exL 211 CRCOG-9/2011
A voluntary Council of Governments formed to initiate and implement regional programs of benefit to the towns and the region
YV%salon. - _ Capitol Region Council of Governments
241 Main Street
a p 0 Hartford,Connecticut 06106-5310
o.
Telephone: (860)522-2217•Fax: (860)724-1274
�ERNYErKs� •' I •I ' Mary Glassman,Chairman
Lyle A Wray,Executive Director
ZONING REFERRAL FORM
FOR: NOTIFICATION OF REFERRALS BY ZONING COMMISSIONS OF THE CAPITOL REGION
Please fill in,save a copy for your records and send with appropriate attachments by certified mail or electronically to:zoningrrdcrcog.org.
FROM: ❑Zoning Commission
(select one) ®Planning and Zoning Commission South Windsor
❑City or Town Council (acting as Zoning Commission) (Municipality)
TO: Capitol Region Council of Governments
Policy Development&Planning Department
241 Main Street Date of Referral to CRCOG: I in1l2
Hartford,CT 06106
Pursuant to the provisions of Section 8-3b of the General Statutes of Connecticut,as amended,the following proposed zone change is
referred to the Capitol Region Council of Governments for comment:
NATURE OF PROPOSED CHANGE
❑Adoption of amendment of ZONING MAP ® Adoption or amendment of ZONING REGULATIONS
for any area within 500 feet of another applying to any zone within 500 feet of another
Capitol Region Municipality. Capitol Re ' Municipality.
Attach map showing proposed change. c copy of propos hange in regulations.
THE CHANGE WAS ORIGINALLY REQUESTED:® municipal agency:Plannin &Zo g Commission
by petition (S cify) 'r e
1U '
PUBLIC HEARING ON SAID CHANGE IS SCH ULED FOR: 12/11/12 (Date)
MATERIAL SUBMITTED HEREWITH: 1`
❑ Public Notice ® Regulation Changes ❑ Supporting Statements
❑ Map of Change ❑ Other(Specify):
HAS THIS REFERRAL BEEN SUBMITTED PREVIOUSLY TO CRCOG? ❑YES-ON WHAT DATE?
® NO
(FOR USE BY CRCOG)
Name:Michele R.Lipe,AICP
Date Received (Person Sending Referral)
Date Email Receipt Sent
If Needed,Was Follow-up Sent Certified? Title: Town Planner
Address: Town of South Windsor
CRCOG File Number 1540 Sullivan Avenue
South Windsor,CT 06074
BYLAW(Section 8-3b of the CGS,Effective October 1,2011):When the zoning commission of a municipality proposes to establish or change a zone or any regulation affecting the use of a zone any
portion of which is within five hundred feet of the boundary of another municipality,the zoning commission shall give written notice of its proposal to each regional planning agency of the region in
which it and the other municipality are located.Such notice shall be made by certified mail,return receipt requested,o�electronic mail to the electronic mail address designated by the regional
plannineaeencv on the agency's Internet web site for receipt of such notice not later than thirty days before the public hearing to be held in relation thereto.If such notice is sent by electronic mail and
the zoning commission does not receive an electronic mail from a re Tonal planninga enc confirmingreceipt of such notice then not later than twenty---five days before the public hearin the zoning
commission shall also send such notice by certified mail return receipt r uested to such planning agency.CRCOG's email address for submitting zoning referrals is:zoningref@crcog.or .
Ifyou have questions or experience difficulty submitting your referral electronically,Please contact Lynne Pike DiSanto at(860)522-2217ext.211 _ . CRCOG-9/20I1
A voluntary Council of Governments formed to initiate and implement regional programs of benefit to the towns and the region
aQ01
REGIOry Capitol Region Council of Governments
241 Main Street • Hartford • Connecticut • 06106
gO9 Telephone(860) 522-2217 . Fax(860) 724-1274
sc
ZRNMENt
Mary Glassman, Chairman
Lyle D. Wray,Executive Director
MEMBERS November 16,2012
Andover
Avon TO: TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION
Bloomfield REPORT ON ZONING REFERRAL Z-2012-92: Proposed zoning regulation amendment
Bolton pertaining to outdoor dining permits.
Canton COMMISSIONERS: Receipt is acknowledged of the above-mentioned referral. Notice of
East Granby this proposal was transmitted to the Planning Division of the Capitol Region Council of
East Hartford Governments under the provisions of Section 8-3b of the Connecticut General Statutes, as
amended.
East Windsor
Ellington COMMENT: The staff of the Regional Planning Commission of the Capitol Region
Enfield Council of Governments has reviewed this referral and finds no apparent conflict with
Farmington regional plans and policies or the concerns of neighboring towns. For sites located on a
municipal border,we recommend that the town take into consideration the uses across
Glastonbury municipal boundaries and that any more limiting/restrictive setback requirements,
Granby screening or restrictions on intensity of uses,particularly for sites bordering residential
Hartford uses in neighboring towns,be applied so as to mitigate impacts across municipal
borders.
Hebron
Manchester Questions concerning this referral should be directed to Lynne Pike DiSanto.
Marlborough
In accordance with our procedures this letter will constitute final CRCOG action on this
Newington referral. The public hearing date has been scheduled for December 11,2012.
Rocky Hill 4
Simsbury DISTRIBUTION: Planner: Hartford, Windsor, East Windsor, Ellington,Vernon,
Somers Manchester,East Hartford
South Windsor
Stafford Respectfully submitted,
Sandra Bobowski,Chairman
Suffield Regional Planning Commission
Tolland
Vernon Karl Robert Profe,Vice Chairman
Regional Planning Commission
West Hartford t•
Wethersfield
Windsor
Windsor Locks L nn Pike i anto,AICP1{y3R '
Se ' Planner and Policy Analyst
A voluntary Council of Governments formed to initiate and implement regional programs of benefit to the towns and the region
Appl 12-47P, DeMallie Outdoor Dining Amendment
Public Hearing 12-11-12
1. Request for amendments to Section 7.15 to make minor modifications to the
existing Outdoor Dining Regulation. We are providing you a copy of the
current regulation with the proposed changes shown.
2. A brief history on the Outside Dining Amendment - This amendment was
originally added to the regulations in 1996 recognizing the start of a trend for
outside dining. At the time it was proposed, the PZC wanted to ensure that
adequate controls were put in place to create outside dining in appropriate
locations;
3. Changes being proposed to Section 7.15A would allow an applicant to submit
and application and supporting documentation to the Planning Department as a
zoning permit and would be handled at the staff level for seating of 6 tables or
less. Currently any outside proposal is required to come before this
Commission.
4. Changes proposed to Section B.8 would set up a provision to allow outdoor
audio systems. The current regulation prohibits and outdoor music. Under this
proposal, any outdoor music adjacent to residential areas would require an
applicant to monitor the noise and report noise levels to the Planning
Department on an annual basis or as required by the Town Planner. Volumes in
other areas would be regulated by the Town's noise ordinance.
5. The last change in section B.11 would increase the number seats allowed before
a wait person would be required.
6. The Town Plan of Conservation and Development encourages the growth of
small retail, restaurants, food-stores and small professional and service
provider's spaces provided they are compatible with their surroundings.
7. The Capitol Region Council of Governments has reviewed this request as
required and finds no apparent conflict with regional plans and policies or the
concerns of neighboring towns.
If this is approved, the Planning Department would recommend that Section
&.15.A.2 read, "Permit for more that 6 tables/24 seats; the applicant must provide
the following information on a site plan" so that it is consistent with the first
change proposed in Section 7.15.A.
If the Commission approves this application, you must state on the record that the
amendment is consistent with your Plan of Conservation and Development
Section 7.15 Outdoor Dining Permits
A. Applicants may apply to the Commission for an outdoor dining permit for a restaurant as follows:
1. Permit for 4 tables/16 seats or less: The applicant shall provide an adequate plan indicating
tables,Gations of outdoor dihing in relation tote location of
buildings, sidewalks,parking spaces, and driveways.
2. Permit for more than 4 tables/16 seats: The applicant must provide the following information
on a site plan of development prepared in accordance with Article 8 of the zoning regulations:
a. Location of building(s);
b. Number of parking spaces required for entire restaurant,plus location of required parking;
C. Location of proposed outdoor dining, including surface upon which tables will be placed
(for example, existing sidewalk,new flagstone patio,etc.);
d. Number of tables/seats identified; and
e. Written description of outdoor dining area amenities; for example, "15 wrought iron tables,
30 wrought iron chairs, an umbrella over each table,new awnings", etc.
B. The Commission may grant an approval for seasonal outdoor dining areas for restaurants, subject to
the following conditions:
1. Outdoor dining area cannot be located on public property (Town sidewalk, right-of-way, etc.).
Outdoor dining may be allowed on porches or decks,provided all of the other conditions are met.
2. Outdoor dining does not result in interference with, or hazards to, or visibility problems for,
pedestrians on sidewalks or vehicular traffic.
3. Any non-vegetative shading devices shall be of a non-permanent type (umbrellas, retractable
awnings,etc.)and shall be safely anchored.
4. Areas on which required parking exists cannot be used for outdoor dining.
5. If required, additional parking must be provided to accommodate additional patrons.
6. Adequate trash receptacles must be provided, and the restaurant is responsible for cleanup of all
trash generated from the outdoor dining(including the restaurant site and surrounding areas).
7. Tables must be located in such a manner as to maintain access to the building for emergency
services.
8. No outside audio systems are permitted.
9. In addition to required parking for indoor seating, outdoor dining requires 1 parking space for
every 4 seats.
10. All tables, chairs, trash receptacles, etc., shall be removed at the end of each outdoor dining
season.
11. Outdoor dining area cannot exceed 4 tables/16 seats unless there are waitpersons to serve patrons.
Where all food service is conducted by waitpersons,outdoor dining area cannot exceed 50% of
the floor area of the indoor dining area; and cannot exceed 50% of the number of tables/seats
within the indoor dining area.
12. Any signage placed on outdoor umbrellas, awnings or chairs shall be limited to the name of the
establishment.
APPROVAL CONDITIONS FOR ZONE TEXT AMENDMENT
PROJECT: y text amendment APPL. 4-2' y(OPO
V'XMakb,( C)Lj -d000- D n ,/1S
1. The Planning and Zoning Commission finds that the zone text amendment in conformance
with the Town Plan of Conservation and Development.
2. The effective date of the zone text change is 12/17/12.
'I
Section 7.15 Outdoor Dining Permits
A. Applieants may apply to the Gonunission for an outdoor din* permit for a restaurant as
follows:
1. Permit for 4 6 tables/4=6 24 seats or less: The applicant shall provide an adequate plan
indicating locations of tables,chairs,etc., associated with the outdoor dining in relation to
the location of buildings, sidewalks, parking spaces, and driveways. Said Permit
application shall be submitted to the Town Planner, and may be reviewed and
approved by the Town Planner provided said application is consistent with the
requirements of the criteria enumerated in Section 7.15 B. 1. thru 12. and is
consistent with the intent of these regulations.
2. Permit for more than ables/1:15�-3 eats: The applicant must provide the following
information on a site plan of development prepared in accordance with Article 8 of the
zoning regulations:
a. Location of building(s);
b. Number of parking spaces required for entire restaurant, plus location of required
parking;
C. Location of proposed outdoor dining, including surface upon which tables will be
placed(for example, existing sidewalk,new flagstone patio, etc.);
d. Number of tables/seats identified; and
e. Written description of outdoor dining area amenities; for example, "15 wrought iron
tables, 30 wrought iron chairs,an umbrella over each table,new awnings", etc.
B. The Commission may grant an approval for seasonal outdoor dining areas for restaurants,
subject to the following conditions:
1. Outdoor dining area cannot be located on public property(Town sidewalk, right-of-way,
etc.). Outdoor dining may be allowed on porches or decks, provided all of the other
conditions are met.
2. Outdoor dining does not result in interference with, or hazards to, or visibility problems
for,pedestrians on sidewalks or vehicular traffic.
3. Any non-vegetative shading devices shall be of a non-permanent type (umbrellas,
retractable awnings, etc.)and shall be safely anchored.
4. Areas on which required parking exists cannot be used for outdoor dining.
5. If required, additional parking must be provided to accommodate additional patrons.
6. Adequate trash receptacles must be provided, and the restaurant is responsible for
cleanup of all trash generated from the outdoor dining (including the restaurant site and
surrounding areas).
7. Tables must be located in such a manner as to maintain access to the building for
emergency services.
8. At@ ou&ide wtdi@ sywietn# or@ rerppriffed.= Low level exterior audio systems for mood
music are permitted in outdoor dining areas only if volumes are kept low and are
not offensive to persons on abutting properties. In areas with abutting residential
uses, the applicant shall periodically monitor noise volumes along all common
Property lines with said residential uses, and report said volumes to the Town
Planner at least once every summer, or as the Town Planner otherwise directs.
Volumes shall not exceed those allowed in the Town of South Windsor's noise
ordinance.
9. In addition to required parking for indoor seating, outdoor dining requires 1 parking
space for every 4 seats.
10. All tables, chairs, trash receptacles, etc., shall be removed at the end of each outdoor
dining season.
11. Outdoor dining area cannot exceed 4 16 tables/4=6 48 seats unless there are waitpersons to
serve patrons. Where all food service is conducted by waitpersons, outdoor dining area
cannot exceed 50%of the floor area of the indoor dining area; and cannot exceed 50%of
the number of tables/seats within the indoor dining area.
12. Any signage placed on outdoor umbrellas, awnings or chairs shall be limited to the name
of the establishment.
i�to►4�� TC
al i3 )(a
TO BE PUBLISHED IN THE JOURNAL INQUIRER
SOUTH WINDSOR PLANNING& ZONING COMMISSION
At its December 11,2012 Regular Meeting,the Planning and Zoning Commission voted to take
the following action:
1. Approved with modifications Appl. 1246P, Peter DeMallie — Outdoor Dining Permits
Amendment - request to amend section 7.15A.1 to make minor changes to the current
approval process of small scale proposals; amend section 7.15B.8 to allow for outside
audio systems under certain conditions; and to amend section 7.15B.11 to increase the
number of tables that can be proposed without waitpersons. Effective date 12/17/2012
2. Approved with modifications Appl. 12-47P, Dairy Queen Grill & Chill — request for a
site plan modification to make minor changes to the existing parking area; to add a
parking area on the adjacent town property, and to add an area for outside dining, on
property located at 845 Sullivan Ave., GC zone
3. Approved PZC Sponsored zoning amendment to modify Section 4.2.5 B and eliminate
Section 4.2.6.V which currently prohibits grocery stores larger than 22,000 square feet.
Effective 12/17/2012
4. Approved release of certain bonds.
Patrick Kennedy, Chairman
S,*N Se
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OTlau� O-P Sou� ?d&U&Ot
c �
1540 A SULLIVAN VENUE e H SOUT WINDSOR-0T06074
J�OSOR CI TELEPHONE (860) 644-2511
CERTIFIED MAIL 7011 1570 0000 6337 3215
December 17,2012
Design Professionals, Inc.
Peter DeMallie
425 Sullivan Avenue
South Windsor, CT 06074
Dear Mr. DeMallie:
RE: Appl. 12-46P, Peter DeMallie — Outdoor Dining Permits Amendment - request to
amend section 7.15A.1 to make minor changes to the current approval process of
small scale proposals; amend section 7.15B.8 to allow for outside audio systems
under certain conditions; and to amend section 7.15B.11 to increase the number of
tables that can be proposed without waitpersons
We are pleased to advise you that at its meeting on December 11, 2012, the Planning and
Zoning Commission voted to approve your request for a Zoning Text Amendment and
stated they found it in conformance with the Town Plan of Conservation and
Development.
A copy of the Amendment is attached, along with the Legal Notice.
The effective date of the Zoning Amendment is December 17, 2012.
Very truly yours,
Patrick ennedy, Chair
Planning&Zoning Commission
PK/llz
Enclosure
Section 7.15 Outdoor Dining Permits
A. Applicants may apply to the Commission for an outdoor dining permit for a restaurant as
r�u�,�•
1. Permit for 6 tables or 24 seats or less: The applicant shall provide an adequate plan
indicating locations of tables,chairs,etc.,associated with the outdoor dining in relation to
the location of buildings, sidewalks, parking spaces, and _driveways. Said permit
application shall be submitted to the Town Planner, and may be reviewed and approved
by the Town Planner provided said application is consistent with the requirements of the
criteria enumerated in Section 7.15 B. 1.thru 12.and is consistent with the intent of these
regulations.
2. Permit for more than 6 tables or 24 seats: The applicant must provide the following
information on a site plan of development prepared in accordance with Article 8 of the
zoning regulations:
a. Location of building(s);
b. Number of parking spaces required for entire restaurant, plus location of required
parking,
c. Location of proposed outdoor dining, including surface upon which tables will be
placed(for example, existing sidewalk;new flagstone patio, etc.);
d. Number of tables/seats identified; and
.e. Written description of outdoor dining area amenities; for example,"15 wrought iron
tables,30 wrought iron chairs,an umbrella over each table,new awnings",etc.
B. The Commission may grant an approval for seasonal outdoor dining areas for restaurants,
subject to the following conditions:
1. Outdoor dining area cannot be located on public property(Town sidewalk, right-of-way-
etc.). Outdoor dining may be allowed on porches or decks, provided all of the other
conditions are met.
2. Outdoor dining does not result in interference with, or hazards to, or visibility problems
for,pedestrians on sidewalks or vehicular traffic.
3. Any non-vegetative shading devices shall be of a non-permanent type (umbrellas,
retractable awnings, etc.) and shall be safely anchored.
4. Areas on which required parking exists cannot be used for outdoor dining.
5. If required, additional parking must be provided to accommodate additional patrons.
6. Adequate trash receptacles must be provided, and the restaurant is responsible for
cleanup of all trash generated from the outdoor dining (including the restaurant site and
surrounding areas).
7. Tables must be located in such a manner as to maintain access to the building for
emergency services.
8. Low level exterior audio systems for mood music are permitted in outdoor dining areas
only if volumes are kept low and are not offensive to persons on abutting properties. In
areas with abutting residential uses, the applicant shall periodically monitor noise
volumes along all common property lines with said residential uses, and report said
volumes to the Town Planner at least once every summer, or as the Town Planner
otherwise directs. Volumes shall not exceed those allowed in the Town of South
Windsor's noise ordinance.
9. In addition to required parking for indoor seating, outdoor dining requires 1 parking
space for every 4 seats.
10. All tables, chairs, trash receptacles, etc., shall be removed at the end of each outdoor
dining season.
11. Outdoor dining area cannot exceed 16 tables or 48 s,its a,uess tlheie �-,C waitpersons to
serve patrons. Where all food service is conducted by waitpersons, outdoor dining area
cannot exceed 50%of the floor area of the indoordinin ed S in)nof
the number of tables/seats within the indoor dining area.
12. Any signage placed on outdoor umbrellas, awnings or chairs shall be limited to the name
of the establishment.
Effective: 12/17/12