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HomeMy WebLinkAboutApp Eliminate Designed Residence Zone Proposal to eliminate in its entirety Section 3.3 Designed Residence Zone and add it as an Appendix to the ARTICLE 3—RESIDENTIAL ZONES regulations. Any associated references throughout the regulations to the DRZ would be eliminated as well. Section 3.3 Designed Residence Zone (DRZ) 3.3.1 Purpose The purposes of the Designed Residence Zone are: i. To afford JViilll vdIlldSvr Ii1nv"vati'vc �wricr-irCGuj�I U Oric-idii'uly dwellings tiidt COiiau%ute wcil- planned,functional, and aesthetically pleasing residential environments, and which by design are compatible with abutting zones and uses; 2. To increase the supply of affordable housing within the town; and 3. To protect environmentally sensitive areas of town that are unprotected through other means. The Commission encourages the use of open space as a buffer between the public and the developed ar- eas, with the developed areas clustered into the interior and the open space becoming a visual open space shared by the public (particularly when there is a natural feature that would enhance the buffer). The de- velopment should consist of clusters of buildings to give the appearance of small neighborhoods with open space between the clusters. 3.3.2 Establishment of Zone The DRZ zone may be established after consideration of various factors, including, but not limited to the supply of affordable housing in the town and those criteria outlined in Article 8 Zone Change, Special Exception and Site Plan Standards and Procedures. 3.3.3 Form of Ownership/Occupancy A. Ownership in a DRZ development is limited to common interest community form of ownership. All land except that in the approved exclusive use area(s) shall be owned by the common interest com- munity, or, at the discretion of the commission, environmentally sensitive land may be deeded to the Town of South Windsor or to a non-profit organization that will protect it in perpetuity. B. The development shall comply with Chapter 828 of the Connecticut General Statutes, i.e., Common Interest Ownership Act, and all other state and local common interest community regulations. 3.3.4 Dwelling Size and Type A. The size of dwelling units shall not exceed 1400 square feet. An applicant may request a waiver of this provision from the Commission for specific dwelling units after demonstrating good cause for such waiver. Where a waiver is granted, the Commission may condition such waiver to ensure that the intent of these regulations is not compromised. A variety of sizes is desirable. B. Applicants may provide a variety of unit types. Affordable units shall be equally dispersed through- out the development. Affordable units must have a mix of number of bedrooms, including three- bedroom units. The applicant's site development plan shall show the mix of unit types. C. In addition to interior storage areas, each dwelling unit in a DRZ zone shall have 60 square feet exte- rior storage. Page 3-13 ARTICLE 3—RESIDENTIAL ZONES 3.3.5 Area and Density Requirements A. There is no minimum parcel size. The suitability of the proposed parcel for the Designed Residence Zone will be determined based upon the criteria enumerated previously. The parcel must consist of contiguous acreage not divided by a public street. The parcel shall have at least 200 contiguous feet on a town-owned street, and the primary entrance must be located within the 200 feet of frontage. Where the proposed number of units exceeds 65 feet, a secondary entrance may be required by the CnnLrr:,USSlnn_T}1e entire parcel must be located in the proposed DR-7 zone a_r'ea. B. The minimum frontage requirement may be reduced by 1 foot for every 2 feet by which the develop- ment's front yard setback is increased; provided, however, that the frontage is not reduced to less than 100 feet. Where the increased setback/reduced frontage provision is used, no pavement/parking areas/impervious areas shall be allowed within additional setback. C. The maximum number of units allowed is 80 units. 3.3.6 Density Bonus A. The overall density of the development shall be 3 dwelling units multiplied by the net buildable acre- age of the parcel. Density bonuses as outlined below may be granted by the Commission upon satis- faction of the appropriate requirements. All calculations of proposed density must appear on the General Plan of Development, and are arrived at by multiplying the requested density by the net buildable acreage (see Article 10 Definitions). In no case shall the allowable density exceed 4 units per acre of net buildable acreage. B. In order to meet the purposes of these regulations and to increase the supply of affordable housing in the Town of South Windsor the following modifications in density shall be allowed providing that all other requirements of these regulations are met. In all cases the developer must show the Commis- sion the means by which these dwelling units shall remain affordable on resale as well as assure the Commission that the units will remain owner-occupied. Furthermore, when the density is increased, at least half the required affordable units must be made affordable by decreasing the square footage of the unit,rather than leaving unfinished interiors. C. Density bonuses may be allowed in accordance with the following: Table 3.3.6A Density Bonuses Percentage of Affordable Units Allowable Density (units per acre of buildable land) 15% 2.5 20% 3.0 25% 3.5 30% 4.0 D. In order to meet the purpose of these regulations and to protect environmentally sensitive land that may not be protected under the authority of the Inland Wetlands Agency/Conservation Commission or other regulatory body of the Town, State, or Federal Government, the Commission may at its dis- cretion increase the allowable density to not more than 4 units per acre of net buildable acreage and/or reduce the required percentage of affordable units, providing that the developer furnishes the Commission an acceptable method by which such land shall remain undisturbed over time. Page 3-14 ARTICLE 3—RESIDENTIAL ZONES 3.3.7 Minimum Setbacks A. Minimum setbacks shall be as shown in Table 3.3.7A Table 3.3.7A Minimum Setbacks 20 feet Between buildings containing dwelling units. (Setback shall be as determined by the Commission but in no case shall be less than 20 feet.) 35 feet Detween any building(except bus shelters)and the street line of the principal private streets. 23 feet Between any building(except bus shelters)and the street(right-of-way)line of prin- cipal streets that will be town-owned. B. Minimum setbacks between accessory buildings (such as storage sheds or garages) and buildings containing dwelling units shall be consistent with good design relative to fire safety, emergency ac- cess, function, and aesthetics, as approved by the Commission. The setbacks shall vary depending upon the height of the building and the placement of windows on the side of the buildings in ques- tion. 3.3.8 Storage In addition to closets and similar inside storage, each dwelling unit shall have storage area of a minimum of 60 square feet. All such storage areas shall be located either in a basement with exterior entrance or in a garage. 3.3.9 Parking and Access Ways A. Dwelling units shall be located at a distance from off-street parking as determined by the Commis- sion; however, no dwelling unit shall be located more than 100 feet from the parking spaces serving said unit. B. Except for parking areas expressly designated for the physically handicapped,minimum setback shall be: Table 3.3.9A Setback of Parking Between unenclosed parking space and: Setback Property line 60 feet Centerline of the site's principal street 25 feet Center point of a cul-de-sac for the site's principal street j 57feet C. Prohibited Parking 1. No parking shall be permitted directly adjacent to the principal street. No parking shall be per- mitted off the common driveways. Parking shall be restricted to designated areas and driveways serving individual garages. 2. Common interest community rules shall limit the number of trucks, trailers, camping vehicles, and other commercial vehicles that can be parked on the parcel. No trailers or camping vehicles may be parked or stored within the rear setback of the envelope. Page 3-15 ARTICLE 3—RESIDENTIAL ZONES D. To the maximum extent possible, common driveways to serve individual units shall be provided to ' reduce the amount of impervious surface. E. All streets and access ways shall be installed by the applicant in accordance with Town procedures and design standards. The principal street may become a Town-owned and maintained public street if designed in strict accordance with the Town's specifications for public streets. All other streets and access ways shall be owned and maintained by the development. F. Streets and Access Ways Table 3.3.913 Standards for Streets and Access Ways Type of Street Inside TurningWidth Comments Radius Principal Streets 26 feet Streets and access ways 26 feet other than principal streets Greater widths shall be required to ac- Access ways and one-way commodate vehicular movements where streets 16 feet parking is provided contiguous to access ways or when the access way services more than 5 dwelling units. 1. Streets that will become Town-owned streets must have a right-of-way width of 50 feet. 2. Cul-de-sac streets shall not exceed 600 feet in length. 3. Street and access way pavement shall be installed no closer than 10 feet from a buffer line of the parcel, and no closer than 10 feet from a property line. G. Ingress and Egress Points of vehicular ingress and egress shall be consistent with public safety and welfare, and shall pro- vide no undue hindrance to the safety conditions of existing or proposed streets. 3.3.10 Bus Shelters A. In the event regular public passenger transportation will be available to residents of the development, a shelter shall be provided by the developer at a location convenient to the residents and readily ser- viceable by the passenger transportation operator. The design and material composition of a shelter shall be approved by the Commission. This bus shelter may be the same shelter as the School Bus Shelter described below. B. A shelter area contained within a building accessible and convenient to all residents of the develop- ment and readily serviceable by the passenger transportation operator, such as a community building, may be substituted for a free-standing structure if approved by the Commission. C. An adequate bus shelter for school children shall be provided. 3.3.11 Recreation/Open Space A. Purpose Page 3-16 r ARTICLE 3—RESIDENTIAL ZONES ' In order to conserve sensitive or exceptional features of the site and to afford adequate recreational facili- ties for the development's residents, there shall be provided common areas designed to meet the special requirements of the development's residents. B. General Requirements 1. The amount, location and constitution of the recreation facilities and/or undeveloped recreation land shall be proposed by the applicant and approved by the Commission. 2. These areas shall include recreation areas such as pedestrian paths, garden plots, child play- grounds or tot lots, gently sloping fields of sufficient size to accommodate active sports and courts for tennis,platform tennis, and basketball. 3. Recreation land, developed or undeveloped, shall be collectively located and shall be exclusive of required buffers. 4. Open space, whether developed or undeveloped, must be suited to the proposed use. (For exam- ple, above-ground drainage facilities such as swales and detention basins, or land that is primar- ily wetlands,will generally not meet this criterion.) 5. Access to the open space must be provided to all residents of the development and/or public where appropriate. C. Provision for Setting Aside Land The developer shall provide at least 600 square feet of developed recreation land per dwelling unit, or 3500 square feet of undeveloped recreation land per dwelling unit where the Commission deems the pro- posed undeveloped recreation land will better suit the needs of both the development and the Town of South Windsor. D. Phasing The phasing of the installation of developed recreational land shall be indicated by the applicant and ap- proved by the Commission. E. Ownership 1. The developed recreation land shall be legally established as part of a common interest commu- nity and satisfactorily maintained by the common interest community. 2. Undeveloped recreation land shall be either dedicated to the Town as an acceptable condition of application approval, or established legally as part of a community association, to be owned and satisfactorily maintained by the association. F. Conservation Areas 1. Conservation areas such as stream belts, waterbodies and watercourses, wetlands, steep slopes, woodlands, flood plains, and other sensitive or exceptional natural features of the site shall be preserved wherever possible. 2. At the discretion of the Commission, all conservation land shall be either dedicated to the Town as an acceptable condition of application approval, dedicated to another organized non-profit group (such as a land trust, nature conservancy, etc.) in perpetuity, or established legally as part of a common interest community, such to be owned and satisfactorily maintained by the common interest community. Page 3-17 4pQ`S0,06I0N. Capitol Region Council of Governments 241 Main Street cr oy Hartford, Connecticut 06106-5310 Telephone: (860) 522-2217•Fax: (860) 724-1274 o�oo www.creog.org Mary Glassman,Chairman �FRNMENt`'• Lyle D. 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:zonineref(a?,crcot.ore. 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: 9/16/16 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: South Windsor PZC ❑by petition (Specify) PUBLIC HEARING ON SAID CHANGE IS SCHEDULED FOR: 10/25/16 (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 (FOR USE BY CRCOG) Name:Michele R�Ue, ICP Date Received (Person Sending Referral) Date Email Receipt Sent If Needed,Was Follow-up Sent Certified? Title: Director of Planning 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 a$encv.CRCOUs email address for submitting zoning referrals is:zoningref�scrcog.org. If you have questions or experience difficulty submitting your referral electronically,please contact Lynne Pike DiSanto 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: Tuesday, September 20, 2016 9:26 AM To: Zarambo, Lauren L. Subject: RE: Zoning Referral Form Good morning Lauren, On Friday,September 16, 2016,CRCOG received your referral of zoning amendments which propose to eliminate the Designed Residence Zone regulations. We will review the materials provided and contact you if we have questions or need additional information. Thank you, Lynne Lynne Pike DiSanto,AICP Principal 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 CAFMRMM COMMM MOGWA' fo From:Zarambo, Lauren L. [mailto:Lauren.Zarambo@southwindsor.org] Sent: Friday,September 16, 2016 3:33 PM To:Zoning Referral <zoningref@crcog.org> Subject:Zoning Referral Form Good Afternoon, Please find attached Zoning Referral Form for a PZC Sponsored Amendment to eliminate Section 3.3 Designed Residence Zone. A copy has been mailed to you. Thank you, Lauren L Zarambo Planning Department Secretary Town of South Windsor 1540 Sullivan Avenue South Windsor, CT o6074 86o.644.25n ext 253 9/20/2016 CRCOGCAPITOL REGION COUNCIL OF GOVERNMENTS 241 Main Street/Hartford/Connecticut/06106 Working together for a better region. Phone(860)522-2217/Fax(860)724-1274 www.cnog.org October 7, 2016 TO: SOUTH WINDSOR PLANNING AND ZONING COMMISSION REPORT ON ZONING REFERRAL Z-2016-108: Proposed revisions to the zoning regulations to eliminate Article 3.3-Designed Residence Zone. COMMISSIONERS: Receipt is acknowledged of the above-mentioned referral. Notice of this proposal was transmitted to the Policy and 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 the concerns of neighboring towns. We recognize the Town's zoning regulations provide for several varieties of housing,however, the proposed elimination of a type of housing development which has as among its purposes to increase the supply of affordable housing within town,is generally not in conformance with the regional Plan of Conservation and Development's housing goal to "Increase the Range of Choice in Housing for People of All Incomes and All Ages,but Especially for Those Who Have the Least Choice in Achieving Their Locational Preference." 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 10/25/2016. 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 Lynne Pike DiSanto,AICP Principal Planner and Policy Analyst Andover/Avon/Berlin/Bloomfield/Bolton/Canton/Columbia/Coventry/East Granby/East Hartford!East Windsor/Ellington/Enfield/Farmington/ Glastonbury/Granby/Hartford/Hebron/Manchester/Mansfield/Marlborough/New Britain/Newington/Plainville/Rocky Hill/Simsbury/Somers/South Windsor/Southington/Stafford/Suffield/Tolland/Vernon/West Hartford/Wethersfield/Willington/Windsor/Windsor Locks A voluntary Council of Governments formed to initiate and implement regional programs of benefit to the towns and the region Designed Residence Developments Elimination PH 12-13-16 This is a PZC sponsored amendment to eliminate this zone classification from the regulations. I have provided a map for you showing the locations of the Designed Residence Developments as well as the number of units in each development. 1. The origin of this regulation goes back to the late 1980's, when the housing market was at peak levels, with prices out of reach of the middle class. Both the State and municipalities began attempting to solve the problem of average people being priced out of the housing market. South Windsor joined in the effort to address lack of affordable housing. 2. At that time, the Council endorsed the Capitol Region Fair Housing Compact in October 1989 and South Windsor's goal was to create 45 units. A then Mayor- appointed Housing Task Force recommended an affordable housing program for presentation to the Town Council (adopted in May 1991) and the Planning and Zoning Commission developed a zoning amendment for an affordable housing zone. All programs were coordinated so they would work together when adopted. 3. The Planning and Zoning Commission's Designed Residence Zone was adopted in May of 1990 and included provisions for Town Council acceptance of units designated as Moderate Price Units. The Designed Residence Zone included density bonuses for the developers in exchange for the dedication of moderate priced housing units to the Town's program. The Program contained the rules for dedicating units, selling and reselling units, applicant eligibility, and use of dedicated premises, as well as provisions for Town Council amendment or termination of the program. Units are dedicated in perpetuity. 4. In the meantime, in July 1990 the State Legislature adopted CGS 8-30g, the Affordable Housing Appeals Act. This legislation allowed developers to bring suit against a municipality that denies a developer's request for approval of affordable housing developments that meet the standards of the statute. The only towns exempt from this legislation are towns with at least 10% of their housing stock meeting the statutory definition of affordable housing. In 1995, CGS 8-30g state law was amended such that the statutory definition of"affordable" set the income limits at 80% of Hartford area median income. As a result, we were not receiving any credit toward the statutory mandate for our MPHP units. 5. The Town Council eliminated the Moderate Price Housing Program in 2010 and released from the deed restrictions on all of the units put into the program. The reason for this was it no longer offered benefits to either the Town or the unit buyers and 1 sellers. Securing new buyers was difficult and potential buyers had difficulty obtaining mortgages. Program administration by Town staff is time-consuming with little benefit. 6. The PZC had not entertained any DRZ applications form 1996 through 2014. 7. In 2014, the town approved 18 units with 4 units being deed restricted as affordable. With the elimination of the town's moderate priced housing program, the affordable units that are now created in DRZ's require the developer create an affordable plan for the units and have deed restricted these units for 40 years, although they do no meet the state's strict definition of affordable housing. The average selling price in this development was $377,157.00, with the average affordable price was $314,305. 8. The Commission approved a second development with 27 units and 5 affordable units however there have not been any sales and a third development with 14 units that still requires special exception/site plan approval. The total housing when all is built will be 321 units. 9. I am providing a map of housing values in Town so you can get a picture of the current value of our housing stock. This mapping illustrates that we have a large number of homes that are more affordable than the housing that is being created in the new DRZ developments. For comparison purposes, I am providing some mapping that was done in 2002 of housing values. 10. The Housing Element of the Town Plan of Conservation does includes goals that are relevant to this application, including: • Allow flexibility in meeting emerging housing preferences and needs — allow a multi-family type development as a transition. • Monitor Housing Affordability - Town could encourage affordable housing and provides such tools as density bonuses to create affordable units. I would note that the PZC, subsequent to the adoption of the plan, has added a 10 percent affordability requirement in the zoning regulations for any multi-family developments in the Town Center Overlay Zones. 11. The Capitol Region Council of Governments have reviewed this text amendment and offered the following: If the PZC eliminates this section of the regulations, staff recommends this section be added to the appendix so that we do not make all of the existing projects non- conforming and so we have regulations to guide any changes that may occur within these developments. I would also note for the record that we acknowledge that the School house Road Zone Change has been approved and that a site plan would be filed under the regulations in the appendix. 2 ' S Text Elimination for Design Residence Zone (DRZ) ARTICLE 1 INTRODUCTION/DISTRICTS Section 1.1 Districts For the purpose of these regulations, the Town of South Windsor is divided into zoning districts regulating the use of the land and buildings, the height and bulk of buildings, and the areas of lots, yards,courts and open spaces as follows and as provided hereafter: Zoning District Principal Use Designation Residential Zones RR Rural Residential AA-30 Limited Residential A-40 Residential A-30 Residential A-20 Residential DRZ Designed Residence MF Multifamily DA-15 Designed Residence A-15 (Deleted; see Appendix C) SRD Senior Residence Development Commercial and Industrial Zones CD I-291 Corridor Development DC Design Commercial GC General Commercial GD Gateway Development I Industrial RC Restricted Commercial RO Restricted Office TS Route 5 Travel Services Overlay Zones CRC Connecticut River Conservation RROZ RR I-291 Overlay Zone FP Flood Plain OCO Office Conversion Overlay ACM Access Management Table 3.I.IA - Permitted Uses, Impervious Coverage and Other Provisions Zones RR=Rural Residential P=Permitted AA-30=Limited Residential SE=Special Exception A=A-40,A-30,&A-20 Residential Impervious Additional Provisions Blank=Not Permitted MF=Multifamily Coverage DRZ=Designed Residence Use RR AA-30 A IMF I DRZ Residential Accessory Apartments SE SE SE SE See Article 7 Special Regulations. Assisted Living SE SE SE SE SE See Article 7 Special Regulations. Facilities Provided that such use is served by Bed and Breakfast(for SE SE 10% public sewer and water facilities. not more than 6 guests) Meals served shall be limited to breakfast. Elderly Housing SE SE SE 40% See Article 7 Special Regulations. Household Pets P P P P P Excludes kennels Horses and ponies for personal use,to P P p See Article 7 Special Regulations. include large domestic animal pets(3 or fewer) Horses and ponies for personal use,to include large domestic SE SE SE See Article 7 Special Regulations. animal pets (more than 3) See Article 7 Special Regulations. A Special Exception is required in In-Law Apartment P P P P the event that any waiver is requested relative to the criteria of 7.1.3.A. Accessory uses to dwellings as determined and approved by the Commission and which are Multifamily Dwelling SE intended and designed for the maintenance or operation of the property and/or the use of its residents are permitted. Senior Residence SE SE SE See Article 7 Special Regulations. Development Accessory uses to dwellings as determined and approved by the Commission and which are Single-family Dwelling P P P SE intended and designed for the maintenance and/or operation of the common interest community- owned land and/or the use of its residents are permitted. Provided that: The building shall have been constructed prior to 1940. The lot has an area of not less than 30,000 sq.ft.,and sufficient area to provide for sub-surface disposal of Two Family Dwelling additional sewage. converted from c+nala_ CF CF The external appearance and family general character of the building as a single-family dwelling shall be preserved. Family dwelling units shall conform to the minimum requirements listed in Table 3.1.2A Residential Area,Density and Dimensional Requirements. Public and Semipublic Provided that no activity shall be conducted which is hazardous or Cemeteries SE 50% dangerous to persons or property outside of the lot on which the activity is conducted Day Care Centers SE See Article 7 Special Regulations. Provided that: No activity shall be conducted that is hazardous or dangerous to persons or property outside of the lot on which the activity is Educational Institution: conducted. For Profit SE SE SE 35% No activity is carried on that results in objectionable noise audible off the premises. The external appearance and general character of the building as a single-family dwelling shall be preserved. Educational Institution: RR-50% Operated by a duly incorporated Non-Profit or SE SE SE AA,A- non-profit body or government Government 35% unit Essential Community SE SE SE SE 50% Services Golf Courses SE 10% See Article 7 Special Regulations. Except for contagious, mental, alcoholic,and drug cases Provided that: Hospitals,Sanitariums, The lot area is not less than 1/10 Convalescent Homes SE 50% acre for each person accommodated, including patients and employees. Such uses are served by the public sewer and water facilities. Municipal Facilities and SE SE SE SE 50% Uses Public Utility Buildings Provided that: and Structures,e.g., There is no service yard or outside substations, storage of supplies. transformers,water SE SE SE 50% supply reservoirs,wells, Buildings and/or grounds conform water towers and water to the general character of the urea[Icin laculue5 I I I I I I I :c.bhb:rh.^..^,d• Recreational Areas, Parks,Playgrounds SE SE SE 50% operated by the Town of South Windsor Recreational Facilities, forest or wildlife Operated by a duly incorporated reservation,park or SE SE SE 50% non-profit body or government playground not operated unit for profit Religious Institutions- RR-50% churches,temples and Operated by a duly incorporated other recognized places SE SE SE AA,A non-profit body or government of worship 35% unit Solar Energy,Roof P P P P P See Article 7,Special Regulations Mounted Commercial Uses Not including veterinary hospitals, veterinary kennels,commercial kennels,animal boarding homes, Agriculture,forestry, livery or boarding stable,Excludes truck or nursery swine and animals raised for pelts gardening,including P except for domestic use.See greenhouses incidental Section 7.12 Horses/Ponies and thereto Home Animal Agriculture for Home Animal Agriculture and Commercial Animal Agriculture regulations. Farms P P Farm Stands SE SE See Article 7 Special Regulations. Home Occupations, Home Office, SE SE See Article 7 Special Regulations. Professional Office (Major) Home Occupations, Home Office, P P P P P See Article 7 Special Regulations. Professional Office (Minor) Offices-professional, SE SE 50% See Article 5.3 Special commercial and business Regulations. Solar Energy System, SE See Article 7,Special Regulations Large Solar Energy System, SE SE** 20% See Article 7,Special Regulations Small Stables,Barns,Riding SE SE** 20% See Article 7 Special Regulations. Academies **Limited to A-40 zones 3.1.2 Residential Area, Density and Dimensional Requirements A. Except as provided for existing lots in Section 2.5 Building on Existing Nonconforming Lots, llo building shall 11G1Ga1tG1 be efected, enlarged, aliciGU of 1G1)Ui16, Vf pieu-ilsos used except in conformity with these regulations, and as prescribed in the schedule which is part of this section and is labeled Table 3.1.2A Residential Area, Density and Dimensional Requirements. Table 3.1.2A Residential Area,Density and Dimensional Requirements Minimum Lot and Area Requirements Maximum Lot Front Rear Side Lot Lot Area Frontage (2 13) (31 Height Impervious District (sq.ft.) (feet)cl) Depth Yard Yard Yard Stories (feet) Coverag Coverage (feet) (feet) (feet) (feet) e RR 40,000 175 200 50 50 20 2'/z 30 15% A-40 40,000 150 200 50 50 20 21/2 30 15% AA-30 30,000 150 150 50 50 20 21/2 30 15% A-30 30,000 120 150 50 50 15 21/2 30 15% A-20 20,000 100 150 40 40 10 21/2 30 20% DR7(4) none 200 200 40 40(5) 40(5) 2'/2(6) 30 20% 30% MFAIAA 15 acres(7) 200 200 75 35(8) 25(8) 21/z 35 60% (')Lots with frontage on Buckland Road or Sullivan Avenue have a minimum lot width of 150 feet.Where the requirements of Table 3.1.2A are greater,the Table 3.1.2A requirements apply. (2)Lots with frontage on Buckland Road or Sullivan Avenue have a minimum front yard setback of 50 feet. Where the requirements of Table 3.1.2A are greater,the Table 3.1.2A requirements apply. (3)Buffers are in addition to required side/rear yards. (4)See additional provisions in Section 3.3 Designed Residence Zone. (5)Landscaping required in setback areas. (6)Habitable attics are permitted;however,such habitable attic shall count as a half story. (7)Lot area must be contiguous acres not divided by a public street. The entire site shall be located in the MF district. Land contained within the Flood Plain District may not apply toward the minimum site size, however,may be dedicated for open space uses subject to the requirements of the Flood Plain District. (8)Where a buffer is required,the rear and side yards shall be a minimum of 25 feet. B. Each approved residential lot shall contain a contiguous buildable area ("buildable" defined as exclusive of regulated wetlands and watercourses, waterbodies, detention areas, utility easements, rights-of-way, or areas with slopes at or in excess of 15%) of at least 10,000 square feet, into which a square of 90' x 90' can be located, and on which the dwelling must be located. This restriction as to building location applies only to those lots that contain wetlands and watercourses, waterbodies, detention areas,utility easements, rights-of-way, or areas with slopes at or in excess of 15%. C. Minimum yards shall be in addition to buffer widths, where such buffers are required by the Commission. D. The building height limit shall be applied separately for each wing or any other distinct portion of the building and may be increased for any building or distinct portion thereof by 1 foot for every 2 feet by which such building or such portion thereof lies inside the nearest limiting line of any required front, side or rear yard. Spires, cupolas, towers, chimneys, flagpoles, penthouses, ventilators, tanks, and similar features which are an integral part of the main structure occupying in the aggregate not more than 10% of the building area and not used for human occupancy, may be erected to a reasonable and necessary height. E. For municipal facilities and uses, height restrictions of Table 3.1.2A may be waived by the Commission when appropriate so that public utility buildings/structures may be erected to a reasonable and necessary height. F. Each lot in future subdivisions of land shall have the frontage required in the applicable zone upon a public street, or upon a proposed public street, shown on a map that has been approved by the South Windsor Planning and Zoning Commission in accordance with the Subdivision Regulations of the Town. G. In the case of inground swimming pools and above ground swimming pools, the minimum rear yard requirement shall be 25 feet and shall apply to any decking or equipment associated with the pool. H.The front yard setback may be reduced by not more than ten(10)feet strictly for the purpose of constructing a covered, unenclosed front porch as defined in these regulations.The intention of the unenclosed front porch setback reduction is to allow the construction of a "typical"unenclosed front porch (see illustration). In order to be eligible for any portion of the 10-foot reduced setback, an unenclosed front porch must meet the following requirements: 1. The porch design and materials must be architecturally compatible with the house. 2. Maximum porch width (perpendicular to house): 10 feet. 3. Minimum porch length(parallel to house): 50% of the length of the house. 4. Maximum porch height: 15 feet or 1 story,whichever is smaller 5. Maximum height of railings or other enclosures: 36 inches, measured from the finished elevation of porch floor. 6. Maximum enclosure: 30% (above finished elevation of porch floor).Plastic sheeting; window screening; curtains and window shades of any type; or any other type of covering, whether permanent or temporary, fixed or loose, is considered an enclosure. 7. This section is applicable to all zones except MF-AA,MF-A, and DRZ Section 3.3 Designed Residence Zone (DRZ) 3.3.1 Purpose The purposes of the Designed Residence Zone are: 1. To afford South Windsor innovative owner-occupied one-family dwellings that constitute well-planned, functional, and aesthetically pleasing residential environments, and which by design are compatible with abutting zones and uses; 2. To increase the supply of affordable housing within the town; and 3. To protect environmentally sensitive areas of town that are unprotected through other means. The Commission encourages the use of open space as a buffer between the public and the developed areas, with the developed areas clustered into the interior and the open space becoming a visual open space shared by the public (particularly when there is a natural feature that would enhance the buffer). The development should consist of clusters of buildings to give the appearance of small neighborhoods with open space between the clusters. 3.3.2 Establishment of Zone The DRZ zone may be established after consideration of various factors, including, but not limited to the supply of affordable housing in the town and those criteria outlined in Article 8 Zone Change, Special Exception and Site Plan Standards and Procedures. 3.3.3 Form of Ownership/Occupancy A. Ownership in a DRZ development is limited to common interest community form of ownership. All land except that in the approved exclusive use area(s) shall be owned by the common interest community, or, at the discretion of the commission, environmentally sensitive land may be deeded to the Town of South Windsor or to a non-profit organization that will protect it in perpetuity. B. The development shall comply with Chapter 828 of the Connecticut General Statutes, i.e., Common Interest Ownership Act, and all other state and local common interest community regulations. 3.3.4 Dwelling Size and Type A. The size of dwelling units shall not exceed 1400 square feet. An applicant may request a waiver of this provision from the Commission for specific dwelling units after demonstrating good cause for such waiver. Where a waiver is granted, the Commission may condition such waiver to ensure that the intent of these regulations is not compromised. A variety of sizes is desirable. B. Applicants may provide a variety of unit types. Affordable units shall be equally dispersed throughout the development. Affordable units must have a mix of number of bedrooms, including three-bedroom units. The applicant's site development plan shall show the mix of unit types. C. In addition to interior storage areas, each dwelling unit in a DRZ zone shall have 60 square feet exterior storage. 3.3.5 Area and Density Requirements A. There is no minimum parcel size. The suitability of the proposed parcel for the Designed Residence Zone will be determined based upon the criteria enumerated previously.The parcel must consist of contiguous acreage not divided by a public street. The parcel shall have at least 200 contiguous feet on a town-owned street, and the primary entrance must be located within the 200 feet of frontage. Where the proposed number of units exceeds 65 feet, a secondary entrance may be required by the Commission. The entire parcel must be located in the proposed DRZ zone area. B. The minimum frontage requirement may be reduced by 1 foot for every 2 feet by which the development's front yard setback is increased; provided, however, that the frontage is not reduced to less than 100 feet. Where the increased setback/reduced frontage provision is used, no pavement/parking areas/impervious areas shall be allowed within additional setback. C. The maximum number of units allowed is 80 units. 3.3.6 Density Bonus A. The overall density of the development shall be 3 dwelling units multiplied by the net buildable acreage of the parcel. Density bonuses as outlined below may be granted by the Commission upon satisfaction of the appropriate requirements. All calculations of proposed density must appear on the General Plan of Development, and are arrived at by multiplying the requested density by the net buildable acreage (see Article 10 Definitions). In no case shall the allowable density exceed 4 units per acre of net buildable acreage. B. In order to meet the purposes of these regulations and to increase the supply of affordable housing in the Town of South Windsor the following modifications in density shall be allowed providing that all other requirements of these regulations are met. In all cases the developer must show the Commission the means by which these dwelling units shall remain affordable on resale as well as assure the Commission that the units will remain owner- occupied. Furthermore, when the density is increased, at least half the required affordable units must be made affordable by decreasing the square footage of the unit, rather than leaving unfinished interiors. C. Density bonuses may be allowed in accordance with the following: Table 3.3.6A Density Bonuses Percentage of Affordable Units Allowable Density (units per acre of buildable land) 15% 2.5 20% 3.0 25% 3.5 30% 4.0 D. In order to meet the purpose of these regulations and to protect environmentally sensitive land that may not be protected under the authority of the Inland Wetlands Agency/Conservation Commission or other regulatory body of the Town, State, or Federal Government, the Commission may at its discretion increase the allowable density to not more than 4 units per acre of net buildable acreage and/or reduce the required percentage of affordable units, providing that the developer furnishes the Commission an acceptable method by which such land shall remain undisturbed over time. 3.3.7 Minimum Setbacks A. Minimum setbacks shall be as shown in Table 3.3.7A Table 3.3.7A Minimum Setbacks 20 feet Between buildings containing dwelling units. (Setback shall be as determined by the Commission but in no case shall be less than 20 feet.) 35 feet Between any building(except bus shelters)and the street line of the principal private streets. 23 feet Between any building (except bus shelters) and the street (right-of-way) line of principal streets that will be town-owned. B. Minimum setbacks between accessory buildings (such as storage sheds or garages) and buildings containing dwelling units shall be consistent with good design relative to fire safety, emergency access, function, and aesthetics, as approved by the Commission. The setbacks shall vary depending upon the height of the building and the placement of windows on the side of the buildings in question. 3.3.8 Storage In addition to closets and similar inside storage, each dwelling unit shall have storage area of a minimum of 60 square feet. All such storage areas shall be located either in a basement with exterior entrance or in a garage. 3.3.9 Parking and Access Ways A. Dwelling units shall be located at a distance from off-street parking as determined by the Commission; however, no dwelling unit shall be located more than 100 feet from the parking spaces serving said unit. B. Except for parking areas expressly designated for the physically handicapped, minimum setback shall be: Table 3.3.9A Setback of Parking Between unenclosed parking space and: Setback Property line 60 feet Centerline of the site's principal street 25 feet Center point of a cul-de-sac for the site's principal street 50 feet C. Prohibited Parking 1. No parking shall be permitted directly adjacent to the principal street. No parking shall be permitted off the common driveways. Parking shall be restricted to designated areas and driveways serving individual garages. 2. Common interest community rules shall limit the number of trucks, trailers, camping vehicles, and other commercial vehicles that can be parked on the parcel. No trailers or camping vehicles may be parked or stored within the rear setback of the envelope. D. To the maximum extent possible, common driveways to serve individual units shall be provided to reduce the amount of impervious surface. E. All streets and access ways shall be installed by the applicant in accordance with Town procedures and design standards. The principal street may become a Town-owned and maintained public street if designed in strict accordance with the Town's specifications for public streets. All other streets and access ways shall be owned and maintained by the development. F. Streets and Access Ways Table 3.3.913 Standards for Streets and Access Ways Type of Street Inside Turning Width Comments Radius Principal Streets 26 feet Streets and access ways 26 feet other than principal streets Greater widths shall he rewired to Access ways and one-way accommodate vehicular movements streets 16 feet where parking is provided contiguous to access ways or when the access way services more than 5 dwelling units. 1. Streets that will become Town-owned streets must have a right-of-way width of 50 feet. 2. Cul-de-sac streets shall not exceed 600 feet in length. 3. Street and access way pavement shall be installed no closer than 10 feet from a buffer line of the parcel, and no closer than 10 feet from a property line. G. Ingress and Egress Points of vehicular ingress and egress shall be consistent with public safety and welfare, and shall provide no undue hindrance to the safety conditions of existing or proposed streets. IMOBus Shelters A. In the event regular public passenger transportation will be available to residents of the development, a shelter shall be provided by the developer at a location convenient to the residents and readily serviceable by the passenger transportation operator. The design and material composition of a shelter shall be approved by the Commission. This bus shelter may be the same shelter as the School Bus Shelter described below. B. A shelter area contained within a building accessible and convenient to all residents of the development and readily serviceable by the passenger transportation operator, such as a community building, may be substituted for a free-standing structure if approved by the Commission. C. An adequate bus shelter for school children shall be provided. 3.3.11 Recreation/Open Space A. Purpose In order to conserve sensitive or exceptional features of the site and to afford adequate recreational facilities for the development's residents, there shall be provided common areas designed to meet the special requirements of the development's residents. B. General Requirements 1. The amount, location and constitution of the recreation facilities and/or undeveloped recreation land shall be proposed by the applicant and approved by the Commission. 2. These areas shall include recreation areas such as pedestrian paths, garden plots, child playgrounds or tot lots, gently sloping fields of sufficient size to accommodate active sports and courts for tennis,platform tennis, and basketball. 3. Recreation land, developed or undeveloped, shall be collectively located and shall be exclusive of required buffers. 4. Open space, whether developed or undeveloped, must be suited to the proposed use. (For example, above-ground drainage facilities such as swales and detention basins, or land that is primarily wetlands, will generally not meet this criterion.) 5. Access to the open space must be provided to all residents of the development and/or public where appropriate. C. Provision for Setting Aside Land The developer shall provide at least 600 square feet of developed recreation land per dwelling unit, or 3500 square feet of undeveloped recreation land per dwelling unit where the Commission deems the proposed undeveloped recreation land will better suit the needs of both the development and the Town of South Windsor. D. Phasing The phasing of the installation of developed recreational land shall be indicated by the applicant and approved by the Commission. E. Ownership 1. The developed recreation land shall be legally established as part of a common interest community and satisfactorily maintained by the common interest community. 2. Undeveloped recreation land shall be either dedicated to the Town as an acceptable condition of application approval, or established legally as part of a community association, to be owned and satisfactorily maintained by the association. F. Conservation Areas 1. Conservation areas such as stream belts, waterbodies and watercourses, wetlands, steep slopes, woodlands, flood plains, and other sensitive or exceptional natural features of the site shall be preserved wherever possible. 2. At the discretion of the Commission, all conservation land shall be either dedicated to the Town as an acceptable condition of application approval, dedicated to another organized non-profit group (such as a land trust, nature conservancy, etc.) in perpetuity, or established legally as part of a common interest community, such to be owned and satisfactorily maintained by the common interest community. ARTICLE 6 SITE DEVELOPMENT REGULATIONS Section 6.1 General Provisions 6.1.1 Applicability These regulations generally apply to all sites located within industrial and commercial zones - specifically General Commercial (GC), Restricted Commercial (RC), Restricted Office (RO), Industrial.(I), I-291 Corridor Development (CD), Route 5 Travel Services (TS), and Buckland Gateway Development (GD); and to certain uses in residential zones - specifically Multifamily (MF-A, MF-AA), Designed Residence(DRZ), and Senior Residence Development(SRD); and to non-residential uses permitted in residential zones, i.e., all uses requiring site plan approval. (See Tables 3.1.1A Residential Permitted Uses, Impervious Coverage and Other Provisions, and 4.1.1A Permitted Commercial and Industrial Uses, as well as Sections 4.2 Buckland Road Gateway Zone, 4.41-291 Corridor Development Zone, and 7.17 Senior Residence Development.) These regulations apply to new construction as well as to site changes. Section 6.2 Landscaping and Buffers Table 6.2.4A Buffer Widths Zone/Use Buffer width GC,RC,I,TS 50 feet GD,CD 75 feet DC 100 feet RO 25 feet DRZ;MF;Elderly Housing(Section 7.7) 25 feet RR,AA,A 50 feet RROZ 25 feet Non-Residential Uses in Residential 50 feet Zones Assisted Living 50 Feet Section 6.4 Parking and Access - Off-Street Parking and Loading 6.4.3 Minimum Number of Parking Spaces T- 11 ,1;,.�«'.,ram ♦t,- ; , 1, F r,-.,.1�„.. ., l..,ll ,-.J..„�.,, 111 ail GISMUS, uiC iiuiiuuuiu i�uiiiLii v1 parkang ,ipacos shau U� tj1"V'ideu in a�wiuuu� vv'iva ut� following schedules: Table 6.4.3A Minimum Required Parking Spaces—Residential Uses Use-Residential Minimum Required Parking Spaces One and Two-Family Dwellings including 2 spaces per dwelling unit Accessory or In-Law Apartments Multifamily Dwellings 2 spaces per dwelling unit Assisted Living(2) 1 space per 2 dwelling units Bed and Breakfast 1 space per guest bedroom Designed Residence Zone(3) 21/2 spaces per dwelling unit Home Occupations,Home Offices 1 space per 160 square feet, or fraction thereof, of building floor area devoted to such use Elderly Housing 1 space per living unit plus 1 per employee Senior Residence Development 11/2 spaces per dwelling unit (1)The Commission reserves the right to require up to 21/2 spaces per dwelling unit.In addition to the minimum number of parking spaces required for passenger vehicles, the Commission may require a special area containing at least I parking space for every 10 dwelling units for the storage of recreational vehicles, boat trailers,and the like.This area may also be used for the parking of visitors'vehicles. (2)The site plan shall demonstrate reserve parking equal to the primary parking in the event that additional parking is needed.(Shared parking facilities may be used to satisfy this requirement.) (3)A common storage area for boats,campers,RV's,etc.,shall be provided with 1 space(minimum 10'x 30')for every 10 units.The common storage area shall be fenced and lockable. Section 6.5 Signs 6.5.7. Residential Sign Requirements Fable 6.5.7B Signs Permitted in Special Residential Districts (MF and DRZ) Section 7.11 Home Occupations 7.11.2 Zones Permitted A. Minor home occupations are permitted in all single-family residential zones by right; and in the Multifamily and Designed Residence Zones at the discretion of their respective Homeowners' Association. A letter from the association will be required at the time of application. B. Major home occupations are allowed in single-family zones upon approval by the Commission. Upon approval, permits will be issued for up to a 5-year period and must be renewed at the expiration of the allowed period. Major home occupations are not permitted in multifamily zones or developments, or in Designed Residence zones. PZC proposal- Remove all references in red: add the DRZ regulations as an Appendix Public Hearing 12/13/16 Designed Residence Developments (DRZ) Name Application Number Location Total Units Schoolhouse ZC App 16-25 Ellington Road 19 Clark Estates II App 16-28 Clark Street 27 Clark Estates App 14-32 Clark Estates 18 -- Fitch Meadow _ Ann.96-78 _ _Route-5 32_ Avery Meadows App 96-26 Avery Street 22 Oak Meadow App 93-18 Ellington Road 11 Peachbrooke App 91-08 Sullivan Avenue 38 Redfield App 91-39 Smith Street 103 The Neighborhood App.90-63 Corner Sullivan/ 51 Avers/Graham 321 total DA-15 Zone (now DRZ) Victorian Woods App 86-63 Ellington Road 55 Lakewood App 98-83 Ellington Road 100 155 total Multi Family Developments Condominiums Cinnamon Springs Ellington Road 102 Bryewood Ellington Road 188 Pleasant Valley Estates Pleasant Vallev Road 128 Candlewood Ellington Road 190 Chapel Hill Chapel Road 163 Burr Meadow Pleasant Valley Road 98 Pleasant Hills Wheeler Road 130 Parkview South Sand Hill Road 106 Plum Ridge App 86-69 Sand Hill Road 91 Brookside App.86-83 Pleasant Valley Road 71 Sunfield Clark Street 40 Strawbridge Ellington Road 259 Westage Pleasant Valley 142 South Windsor Woods Pleasant Valle 158** Residences at Evergreen Walk Andrews Way 200** 2,066 total TOTAL UNITS 2,542 Updated 7/25/16 TO BE PUBLISHED IN THE JOURNAL INQUIRER SATURDAY,DECEMBER 17, 2016 SOUTH WINDSOR PLANNING & ZONING COMMISSION At its December 13, 2016 Regular Meeting, the Planning and Zoning Commission voted to take the following actions: 1. Approved with modifications Appl. 16-57P, Metro Realty Group for a text amendment to add new Article 7, Section 7.22 Multifamily Assisted Housing in AA-30 Residential Zone (MAHZ)which includes Purpose; Procedures; Permitted Uses; Bulk requirements; Site and Design requirements; and Affordability Plan requirements in accordance with CGS Section 8-30g. Effective date 12/24/16. 2. Approved PZC sponsored amendment to eliminate in its entirety Section 3.3 Design Residence Zone and add it as an Appendix to the regulations. Any associated references throughout the regulations to the DRZ would be eliminated. Effective date 12/24/16. 3. Approved PZC sponsored amendment to eliminate in its entirety Section 7.17 Senior Residence Development and add it as an Appendix to the regulations. Any associated references throughout the regulations to the SRD would be eliminated. Effective date 12/24/16. Gary Bazzano, Chairman