HomeMy WebLinkAboutApp14-25P Zahner Text Amendment TOWN OF SOUTH WINDSOR
PLANNING & ZONING COMMISSION
APPLICATION FORM E
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Application Number: RECEIVE® � 3
Official Receipt Date:
Munis Application #: 'Dl`} 003(04 APR 0 9 2014
SOUTH WINDSOR PLANNING DEPT.
APPLICANT: CLAYTON L. ZAHNER
PROJECT NAME: N/A
COMPLETE LOCATION OF PROPERTY: N/A
OWNER OF RECORD ON LAND RECORDS: N/A
APPLICANT ��° / 7 IMKIMMADDRESS: 736 Deming Street, South WindsorIF
GIS PIN # ZONE
NAME, ADDRESS, TELEPHONE & EMAIL ADDRESS OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED:
Attorney Harold R. Cummings, P. 0. Box 667, 1610 Ellington Road, South Windsor, CT 06074
860-644-3473 yankeejag@aol.com CIP &91970 Estimated presentation time:1/2 hour
THIS APPLICATION IS FOR: (Check all that apply):
❑ Zone Change to (Public Hearing and Certificate of Mailing Required)
❑ Open Space Subdivision/Resubdivision (Public Hearing and Certificate of Mailing Required)
❑ Subdivision ❑ Minor ❑ Major
❑ Resubdivision (Public Hearing Required) ❑ Minor ❑ Major
❑ Conditional Subdivision
❑ Special Exception to Table (Public Hearing and Certificate of Mailing Required)
❑ Site Plan of Development ❑ New ❑ Modification Building(s) Sq Ft
❑ General Plan of Development
❑ Dept of Motor Vehicle License - State Hearing per Section 14-55 for
❑ Earth Filling (Sec. 7.6) and/or Earth Removal (Sec. 7.16) (Public Hearing and Certificate of Mailing Required)
X❑ Regulation Amendment X❑ Zoning ❑ Subdivision - Attach proposed amendment (Public Hearing Required)
❑ Temporary and Conditional Permit (Public Hearing Required) for
❑ Temporary and Conditional Permit Renewal for
❑ Detached In Law Apartment or ❑ Accessory Apartment (Public Hearing and Certificate of Mailing Required)
❑ Major Home Occupation (Certificate of Mailing Required) 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.
N/A
Signat re of Ap i t Signature of Property Owner
Clayton L. Zahner
Revised 07 2013
PROPOSED AMENDMENTS TO TOWN OF SOUTH WINDSOR
ZONING REGULATIONS APPLICATION OF CLAYTON L. ZAHNER
1. Revise Bulk Table 3.1.1A- Permitted Uses,Impervious Coverage and Other
Provisions, to correct reference under Offices -professional, commercial and
business, additional provisions to: "See Article 5.3 Special Regulations".
2. Revise Section 5.3.3 Special Exception Uses (A.) 6 to read as follows:
"Uses shall be restricted to professional offices, i.e., generally types
of offices that operate during "typical" office hours Monday through
Friday. Examples of professional offices would include lawyers,
architects, doctors/dentists, accountants, engineers, real estate agents
and insurance agents."
3. Amend Section 5.3.4 Locations (A.) to add additional road as follows:
"6. Deming Street from Manchester town line to the intersection of
Deming Street and the start of Oakland Road."
PROPOSED AMENDMENTS TO TOWN OF SOUTH WINDSOR
ZONING REGULATIONS APPLICATION OF CLAYTON L. ZAHNER
1. Revise Bulk Table 3.1.1A-Permitted Uses,Impervious Coverage and Other
Provisions,to correct reference under Offices-professional, commercial and
business, additional provisions to: "See Article 5.3 Special Regulations".
2. Revise Section 5.3.3 Special Exception Uses (A.) 6 to read as follows:
"Uses.shall be restricted to professional offices, i.e., generally types
of offices that operate during"typical" office hours Monday through
Friday. Examples of professional offices would include lawyers, .
architects,doctors/dentists, accountants, engineers,real estate agents
and insurance agents."
3. Amend Section 5.3.4 Locations(A.)to add additional road as follows:
"6. Deming Street from Manchester town line to the intersection of
Deming Street and the start of Oakland Road."
GPQ`S0,Nea+op, Capitol Region Council of Governments
241 Main Street
og Hartford, Connecticut 06106-5310
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Telephone: (860) 522-2217• Fax: (860) 724-1274
�T,
Op�fRNMENt`'• www.creog.org Mary Glassman,Chairman
Lyle 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:zoningref creog,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:4/11/14
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: 5/27/14 (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?
® NO
y�
(FOR USE BY CRCOG) Ul' ``
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
BY LAW(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
planning agency 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 regional planning agency confirming receipt of such notice then not later than twenty-five days before the public hearing the zoning
commission shall also send such notice by certified mail return receipt requested to such planning agency.CRCOGs email address for submitting zoning referrals is:zoningref@crcog ore.
If you have questions or experience difficulty submitting your referral electronically,please contact Lynne Pike DiSauto at(860)522-2217ext.211 CRCOG-9/2011
A voluntary Council of Governments formed to initiate and implement regional programs of benefit to the towns and the region
Page 1 of 2
Zarambo, Lauren L.
From: Lynne Pike DiSanto [Ipikedisanto@crcog.org]
Sent: Friday, April 11, 2014 1:19 PM
To: Zarambo, Lauren L.
Subject: RE: Zoning Text Amendment Referral
Good afternoon Lauren,
Today,April 11, 2014,CRCOG received your referral of proposed zoning amendments pertaining to provisions
applying to office uses and the Office Conversion Overlay zone.We will contact you if we have any questions or
need additional information.
Thank you,
Lynne
Lynne Pike DiSanto,AICP
Senior Planner and Policy Analyst
Capitol Region Council of Governments
241 Main Street,4th Floor
Hartford, Connecticut 06106
(860) 522-2217 ext. 211
Ipikedisanto@crcog.org
From: Zoning Referral
Sent: Friday, April 11, 2014 11:33 AM
To: Lynne Pike DiSanto
Subject: FW: Zoning Text Amendment Referral
From: Zarambo, Lauren L.
Sent: Friday, April 11, 2014 11:21:11 AM (UTC-05:00) Eastern Time (US &Canada)
To: Zoning Referral
Subject: Zoning Text Amendment Referral
Please find attached Zoning Referral Form for proposed amendments to the Town of South Windsor Zoning
Regulations, Application 14-25P, Zahner Text Amendment.
A copy has also been mailed to you today.
Thank you,
Lauren L Zarambo
Planning Department Secretary
Town of South Windsor
1540 Sullivan Avenue
South Windsor,CT o6074
4/14/2014
PAYMENT SUMMARY RECEIPT
TOWN OF SOUTH WINDSOR
1540 SULLIVAN AVENUE
SOUTH WINDSOR CT 06074
DATE: 04/09/14 CUSTOMER#: 000000000
TIME: 16:03
CLERK: laurenlz
RECPT#: 20699362 PREV BAL:
TP/YR: MS/2014 AMT PAID: 310.00
BILL: ADJSTMNT:
EFF DT: 04/09/14 BAL DUE:
PERMITS/INSP PAYMENT
-----------------TOTALS-----------------
PRINCIPAL PAID: 310.00
INTEREST PAID: .00
ADJUSTMENTS: .00
DISC TAKEN: .00
AMT TENDERED: 310.00
AMT APPLIED: 310.00
CHANGE: .00
PAID BY: ZAHNER CLAYTON L
PAYMENT METH: CHECK
PAYMENT REF: 1970
CAPITOL REGION
COUNCIL OF GOVERNMENTS 241 Main Street/Hartford/Connecticut/06106
Phone(860)522-2217/Fax(860) 724-1274
Working together for a better region. www.C►Cog.org
April 25, 2014
TO: SOUTH WINDSOR PLANNING AND ZONING COMMISSION
REPORT ON ZONING REFERRAL Z-2014-40: Proposed amendments to the zoning regulations
pertaining to office uses and office conversions.
COMMISSIONERS: Receipt is acknowledged of the above-mentioned referral. Notice of this proposal
was transmitted to the Planning Division of the Capitol Region Council of Governments under the
provisions of Section 8-3b of the Connecticut General Statutes, as amended.
COMMENT: The staff of the Regional Planning Commission of the Capitol Region Council of
Governments has reviewed this referral and finds no apparent conflict with regional plans and
policies or the concerns of neighboring towns.
Questions concerning this referral should be directed to Lynne Pike DiSanto.
In accordance with our procedures this letter will constitute final CRCOG action on this referral. The
public hearing date has been scheduled for 05/27/14.
DISTRIBUTION: Planner: Hartford, Windsor, East Windsor,Ellington,Vernon,Manchester,East
Hartford
Respectfully submitted,
Sandra Bobowski, Chairman
Regional Planning Commission
Karl Robert Profe,Vice Chairman
Regional Planning Commission
D
L e ike Di anto,�ICP
Seni r lanner and licy Analyst RECEIVED
E.Vx
APR 29 20114
SOUTH WINDSOR PLANNING DEPT.
Andover/Avon/Bloomfield/Bolton/Canton/East Granby/East Hartford/East Windsor/Ellington/Enfield/Farmington/
Glastonbury/Granby/Hartford/Hebron/Manchester/Marlborough/Newington/Rocky Hill/Simsbury/Somers/South Windsor/
Stafford/Suffield/Tolland/Vernon/West Hartford/Wethersfield/Windsor/Windsor Locks
A voluntary Council of Governments formed to initiate and implement regional programs of benefit to the towns and the region
Dear Michele,
am writing in response to application number 14-25P, dated 4/22/14,which requests a text amendment to
Section 5.3.3 Special Exception Uses for Overlay Zones.
Our office is at 1343 Sullivan Avenue,and we are operating under the Overlay Zone regulations, and we have
had a positive experience overall. However, it has been difficult finding a tenant for an office space since our
last tenant left. With the increase in available commercial space in South Windsor,finding tenants is becoming
harder. The office overlay restriction to professional offices makes it much more difficult for us to find tenants,
as we are competing with an expanding pool of available commercial space in South Windsor. Professional
tenants generally do not want smaller offices, and they prefer to be in commercial spaces. A renovated
farmhouse, like ours, is not a first choice for doctors/dentists,engineers, or the like. I think the applicant will
find the same for his property on Deming.
We do not oppose the applicant's requested text amendment. However,that change is narrow and does not
solve the general issue we are experiencing. It is difficult finding tenants for a small space.We have spoken with
the South Windsor Child Development Center representatives on our Condo Association Board,and they are in
agreement with our converting our office space at the southwest side of our building for use as a hair/nail salon.
We are requesting a further revision to the text amendment to read as follows:
"Uses shall be restricted to professional offices,such as lawyers architects doctors/dentists accountants
engineers, real estate agents and insurance agents,as well as personal services limited to beauty and nail salons
All uses shall operate during typical office and personal services hours Monday through Saturday, and not
generally during evening hours or on Sunday."
We do not see much of a difference between clients coming in for a real estate agent appointment compared
with clients coming in for hair appointments, in terms of traffic and turnover. Real estate companies sometimes
have many part time agents coming and going with clients. There is often Saturday activity. We do not have
complaints from abutters about traffic or parking or noise and the impact on existing conditions would be
minimal.
Our proposed change to the applicant's text amendment will allow us to make good use of our building and will
not affect the applicant's use. We understand that the number of office overlay buildings is very small, and our
proposed revisions will have little impact on the Town. However, it will allow us to find tenants for space that
we cannot fill. As stated above, many professionals, including doctors, prefer commercial buildings. We envision
our space having mixed use. We have our law office. A mortgage tenant is on the second floor.We would like
to use our currently unoccupied space (about 250sf)for hair/nail salon space. The above text amendment
would give us that ability.
Thank you,
Keith and Gail Yagaloff
May 27, 2014
South Windsor Zoning Regulations
OFFICE CONVERSION OVERLAY ZONE
5.6 Office Conversion Overlay Zone(OCO)
5.6.1 General
j
For the purpose of allowing conversions of existing structures in the underlying residential
zones to professional offices and to facilitate the preservation of historic structures, where
deemed appropriate by the Planning and Zoning Commission taking into consideration such
factors as proximity to commercial uses or zones,traffic volumes, amount of commercial traf-
fic, and the suitability of the land for office conversion.
uses will be allowed only when the Commission has determined that:
Such y
(1) traffic impacts will not be detrimental to the residential character of the neighborhood;
(2) there will be minimal adverse effects on existing residential uses in the area;
(3) surrounding property values will be conserved and the character of the neighborhood will
not be unduly disrupted;
(4) impacts will not be detrimental to the capacity of present and proposed utilities, streets,
drainage systems, sidewalks and other infrastructure;
y ,
(5) the land is physically suited to the proposed use and minimal adverse environmental im-
pacts are created; and
1
(6) due consideration to preservation of historic factors has been demonstrated.
5.6.2 Permitted uses
All uses permitted in the underlying zone.
5.6.3 Special Exception Uses
Special Exceptions for the following uses may be granted subject to public hearing, submis-
sion of a general plan of development(1"=40'), and the following conditions.
Conversion of an existing structure(s) into a professional office provided that:
(a) The building shall have been constructed prior to 1920.
I� }
(b) The lot has an area of not less than 30,000 square feet.
(c) The lot has frontage of not less than 150 feet.
(d) An adequate line of sight entering and exiting the site is provided based on Connecticut
Department of Transportation standards.
(e) Side and rear yards shall contain landscaped buffers of ten feet in width. The provisions
of Sections 10.4 through 10.4.8 of these Regulations shall not apply.
(f) Any addition to the structure shall not be greater than 100% of the floor area of the ex-
isting first floor.
(g) Uses shall be restricted to professional offices; generally types of offices which operate
during "typical" office hours Monday through Friday. Examples of professional offices
; i
a 102
i � i
I
Section V: Use Regulations, Commercial
would include lawyers, architects, doctors/dentists, accountants, and engineers. Examples
of offices not considered professional offices for the purposes of this regulation would in-
clude real estate, insurance, and other offices which typically include hours of operation
during evenings and weekends.
(h) Parking shall be in conformance with the requirements of Section 13, Off-Street Parking.
(i) Maximum impervious coverage shall be 40%.
(j) Wherever existing structures on the lot have historic or architecturally redeeming fea-
tures,efforts shall be made to preserve and/or enhance those features.
(k) Signage must conform to the requirements of Section 17, Signs.
5.6.4 Locations
Conversion to professional offices will be considered by the Commission only for premises
with frontage in residential zones on the following streets:
• Buckland Road
• Oakland Road
• Ellington Road between Governor's Highway and Five Corners.
• John Fitch Boulevard
• Sullivan Avenue.
s -
103
Appl 14-25P, Zahner Office Conversion Overlay
Zoning Amendment
Public Hearing 5-27-14
Planning Department Report
1. This is a request for a Text Amendment to Section 5.3 Office Conversion
Overlay Zone —
2. This amendment proposes to do a couple things: to revise Bulk Table 3.1.1A —
Permitted uses to correct omitted references under `Additional provision' for
offices that would refer you to the criteria of the OCO in Article 5, Section 5.3;
This section should also be corrected to add the A zones, as some of the
properties in the areas we allow the overlay zone are zoned A.
3. The second part of the request proposes to revise Section 5.3.3. Special
Exception Uses (A.) 6 to include real estate and insurance agents; When the
regulation was originally drafted in 1990 4eeW at the time that these uses
were not considered because it was thought that they might generate too much
weekend traffic — in todays' business climate and how much is now done
through the internet that concern does not really exist.
4. And lastly the applicant is proposing to amend Section 5.3.4 Location (A.) to
add 6. Deming Street from Manchester town line to intersection of Deming
Street and start of Oakland Road. Again, this is really an oversight —the intent
was always that this regulation would be appropriate in the Oakland Road area
to the Manchester town line
5. The current Town Plan of Conservation and Development encourages the
commission to make minor zoning updates as necessary, to help our current
businesses accomplish there goals. To date, there are only two properties that
have taken advantage of this regulation.
6. The Capitol Region Council of Governments has reviewed the amendment as
required and reports that they find no apparent conflict with regional plans and
policies or the concerns of neighboring towns.
7. If this application is approved, the Planning Dept has no additional requested
modifications.
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• �� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074
S It.co TELEPHONE (860) 644-2511
CERTIFIED MAIL 7011 1570 0000 6337 4793
May 29, 2014
Attorney Harold Cummings
1610 Ellington Road
South Windsor, CT 06074
Dear Attorney Cummings:
Re: Appl. 14-25P,Zahner Text Amendment
We are pleased to advise you that at its meeting on May 27, 2014 the Planning and
Zoning Commission voted to approve your request for a Zoning Text Amendments to the
Office Conversion Overlay zones.
A copy of the Amendment is attached, along with the Legal Notice that was published in
the Journal Inquirer.
The effective date of the Zoning Amendment is June 8, 2014.
Very truly yours,
Bart Pacekonis, Chairman
Planning& Zoning Commission
BP/llz
Enclosure
MAY 2 92014
TO BE PUBLISHED IN THE JOURNAL INQUIRER
SATURDAY,MAY 31,2014
SOUTH WINDSOR PLANNING&ZONING COMMISSION
At its May 27, 2014 Regular Meeting, the Planning and Zoning Commission voted to take the
following action:
1. Approved with modifications Appl. I4-25P,Zahner Text Amendment for Section 5.3
Office Conversion Overlay Zone—to revise Bulk Table 3.1.lA—Permitted uses to
correct omitted references under`Additional provision' for offices;revise Section
5.3.3. Special Exception Uses(A.)6 to include real estate,insurance agents, and
personal services(limited to 25%of area); and amend Section 5.3.4 Location(A.)to
add 6. Deming Street from Manchester town line to intersection of Deming Street and
start of Oakland Road(effective date June 8,2014)
2. Approved with conditions Appl. 14-29P,Keystone Novelties Distributors,LLC—a 2
year temporary and conditional permit(Section 2.13.a)to allow for`tent' sale of
fireworks from June 25—July 5,.2014, on property located at 395 John Fitch
Boulevard,GC zone
3. Approved with conditions Appl. 14-30P, Treglia Storago Lot-renewal,of a 2 year
temporary and conditional permit(Section 2.13.a)to allow a storage lot, on property
located at 15 Edwin Road(formerly L046 John Fitch Boulevard), I zone
Bart Pacekonis, Chairman
Bulk Table 3.1.1A — Permitted Uses, Impervious Coverage and Other Provisions, correct
reference under Offices—professional, commercial and business, additional provisions to: `See
Article 5.3 Special Regulations' and adding this use to `A' zones
Section 5.3.4 Locations (A.) add additional road as follows: `6. Deming Street from Manchester
town line to the intersection of Deming Street and the start of Oakland Road.'
Section 5.3.3, Special Exception Uses (A.) 6, to read as follows: `Uses shall be restricted to
professional offices, such as lawyers, architects, doctors/dentists, accountants, engineers, real
estate agents and insurance agents, as well as personal services limited to beauty and nail salons.
Beauty and nail salons can occupy no more than 25% of the building. All uses shall operate
during typical office and personal service hours.'
Effective date June 8,2014