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HomeMy WebLinkAbout21-27P UW Realty VII LLC Zone Change - WITHDRAWNTOWN OF SOUTH WINDSOR PLANNING & ZONING COMMISS: APPLICATION FORM Application Number: Official Receipt Date: Muni& Application 4: APPLICANT: UW Realty VII LLC PROJECT NAME: 140 Troy Road COMPLETE LOCATION OF PROPERTY: 140 Troy Road OWNER OF RECORD ON LAND RECORDS: UW Realty VII LLC OWNER ADDRESS: P.O. Box 504, South Glastonbury, CT 06073 GIS PIN # 9000140 ZONE 1 NAME, ADDRESS, TELEPHONE 86 EMAIL ADDRESS OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED: Benjamin Wheeler, Design Professionals, Inc., 21 Jeffrey Drive, South Windsor CT (860) 291-8755; ben.wheeler@designprofessionalsinc.com THIS APPLICATION IS FOR: (Check all that apply): Zone Change to GC stimated presentation time: 15 (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 ❑ Site Plan of Development ❑ New (Public Hearing and Certificate of Mailing Required) ❑ Modification Building(s) Sq Ft ❑ General Plan of Development ❑ Earth Filling (Sec. 7.6) and/or Earth Removal (Sec. 7.16) (Public Hearing and Certificate of Mailing Required) ❑ Regulation Amendment ❑ 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) PLEASE NOTE: 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. Sie, of Applicant - Signatur P operty_Owner Print Name of Applicant Print Name of Property Owner Revised 1/9/2017 P.O. BOX 1167 21 JEFFREY DRIVE SOUTH WINDSOR, CT 06074 PHONE: 860.291.8755 FAX: 860.291.8757 www.designprofessionalsinc.com CIVIL & TRAFFIC ENGINEERS / LAND SURVEYORS / PLANNERS / LANDSCAPE ARCHITECTS Serving Connecticu t, Massachusetts, & Rhode Island 140 Troy Road - Zone Change Narrative 8.3 Zone Change Standards and Procedures The zone change is subject to the Zone Change Review Criteria outlined in Section 8.3.D of the Zoning Regulations. We believe the proposed zone change from the Industrial Zone to the GC General Commercial Zone meets the review criteria, namely: 1. The goals, objectives, and recommendations of the Plan of Conservation and Development. The proposed lot development will complement the existing neighborhood and be consistent with the adjacent existing residential development on Troy Road. It will serve as a transition between the adjacent industrial and residential zones. 2. The purposes of zoning and of these regulations. The proposed lot development meets the requirements of the GC zone requirements in accordance with the zoning regulations. The GC zone is currently adjacent to this lot on the south side. The A-30 zone is directly adjacent to this lot on the east side and the Rural Residential zone is directly across from the lot. This zone change to GC with a residential use on the lot would be consistent with the adjacent residential uses. 3. Changes that have taken place in the rate and pattern of development and land use within the Town and adjoining communities. There is a demand for residential lots in town and adjoining communities. This additional lot would help meet that need for additional housing. 4. The supply of land available in the present and proposed zone. An additional residential use would be beneficial to the neighborhood. The lot is also better suited to residential use versus the existing Industrial zone use in this location. 5. The physical suitability of the land for the proposed zone. The lot has a gently sloping grade which lends itself well to a residential development. 6. The impact on the capacity of the present and proposed utilities, streets, drainage systems, and other improvements. The impacts on utilities and other improvements will be minimal. 7. The general character and zoning of the neighborhood. The proposed house lot will be in harmony with the adjacent existing houses. 8. Impacts on the surrounding area. The surrounding area will not be adversely impacted as a result of the development. 9. Traffic congestion impacts. The lot development will have minimal impact on the area traffic. 10. The impact on surrounding property values. Existing property values will not be adversely impacted as a result of the development. 11. The environmental impacts. The proposed development will have minimal impacts on the land. No existing wetlands are on site. 12. The health and general welfare of the community. An additional residential lot in this area would be beneficial to the health and general welfare of the community. G:\jobs\4620\Docs\Applications-Working\4620 Zone Change Narrative.docx 13. Neighborhood acceptance weighed against community needs. The proposed development will be compatible with the surrounding neighborhood and should be acceptable while supporting additional housing for the community. 14. The protection of historic factors. The are no known historic factors associated with this lot. G:\jobs\4620\Docs\Applications-Working\ABUTTERS\4620 PZC Abutter Notice.doc P.O. BOX 1167 21 JEFFREY DRIVE SOUTH WINDSOR, CT 06074 PHONE: 860.291.8755 FAX: 860.291.8757 www.designprofessionalsinc.com CIVIL & TRAFFIC ENGINEERS / PLANNERS / SURVEYORS / GIS ANALYSTS / LANDSCAPE ARCHITECTS Serving Connecticu t, Massachusetts, & Rhod e Island May 4, 2021 Re: Planning & Zoning Commission – Zone Change & Site Plan/Special Exception Applications 140 Troy Road, South Windsor, CT 06074 Dear Abutting Property Owner: In accordance with the Rules & Regulations of the South Windsor Planning & Zoning Commission, you are hereby notified that two applications have been filed on the above-mentioned property abutting yours and is subject to public hearings by the Planning & Zoning Commission. The applications and plans are on file with the South Windsor Planning Department and also available to view online. As an abutting property owner, you are invited to the hearings to ask questions and/or give comments, however, you are not required to attend. You may also submit written comments regarding the applications prior to the meeting if you so desire. For further information regarding the specific date these applications will be heard, please contact Michele Lipe, AICP, Town Planner, at the South Windsor Planning Department at 860-644-2511, ext. 252. If you have any questions regarding the specifics of the plans, please feel free to contact our office at 860 -291-8755. Thank you. Sincerely, DESIGN PROFESSIONALS, INC. Benjamin P. Wheeler, PLA Director of Operations Cc: Town of South Windsor Client 140 TROY ROAD DIRECT ABUTTERS MAILING LIST TOWN OF SOUTH WINDSOR,CONNECTICUT Parcel ID Site Address Owner Name Mailing Address Mailing City Mailing State Mailing Zip 87300648 648 SULLIVAN AVENUE H AND V LLC PO BOX 875 SOUTH WINDSOR CT 06074-0000 87300620 620 SULLIVAN AVENUE KRIVICKAS GEORGE A &DOROTHY E TR 84 AYERS ROAD SOUTH WINDSOR CT 06074-0000 90000135 135 TROY ROAD LAUSIER PATRICK A 135 TROY ROAD SOUTH WINDSOR CT 06074-0000 87300668 668 SULLIVAN AVENUE ABUNASRA NAZEEHJ 89 CORNERSTONE DRIVE SOUTH WINDSOR CT 06074—0000 90000128 128 TROY ROAD SCHERSTEN DAMON 116 SPRING ST APT AS WEST ROXBURY MA 02132-0000 90000141 141 TROY ROAD CURULLI MELISSA M 141 TROY ROAD SOUTH WINDSOR CT 06074-000090000151151TROYROADBURDICKCHRISTINEA151TROYROADSOUTHWINDSORCT06074-0000 �L �LL ❑L �LL xv L U m N LL a`s a O' m :- N T a Y � m �v n 7 N a @ �U _ .row �o Qm o Q Ero°=fixLY L . QGcm O 4Q m m Lo � a 4 � W 0. p W t- < n dv I.-z r �� � EX o !�o C )o �j aoQ4 �a a N � o d o z 1Q d d o ti d d Q o d o ]❑ E- -�aaAF x�AF ac°w�u auw�A��gU �raA�dU 4uOWU ° Au avn z vaoa x zc°°4 0 zoo cna Uo °a rn {�' x [� � a [� 7+ V] Er E" A W F� U" ❑ E" O ❑ �W 0z Ho a❑ oa �z z r~zzoa �zxz U4 w3 �x ��x ZI I I m m l i I I a l i I I i esignrofessionals©····· · · 199 TROY ROAD FILES WENDY 90000199 0.01 668 SULLIVAN AVENUE ABUNASRA NAZEEH J 87300668 2.48 128 TROY ROAD SCHERSTEN DAMON 90000128 0.80 108 TROY ROAD PAEZ NICHOLAS T &90000108 1.13 75 BROOKFIELD STREET SOUTH WINDSOR TOWN OF 14700075 0.15 141 TROY ROAD CURULLI MELISSA M 90000141 0.99 29 BROOKFIELD STREET IVES BRIAN J SR & MARY E 14700029 0.36 500A SULLIVAN AVENUE CURRENT RESIDENT 87300500A SEE 40 KENNEDY ROAD 472 SULLIVAN AVENUE CURRENT RESIDENT 87300472 SEE 40 KENNEDY ROAD 40 KENNEDY ROAD 456 SULLIVAN AVE LLC 49800040 0.39 222 TROY ROAD CURRENT RESIDENT 90000222 SEE 40 KENNEDY ROAD 125 TROY ROAD CYR MAURINE F 90000125 0.49 17 BROOKFIELD STREET DAMIANO RICHARD J & LISA 14700017 0.59 21 BROOKFIELD STREET DAMIANO RICHARD J & LISA 14700021 1.18 119 TROY ROAD CORTES JONATHAN 90000119 0.90 151 TROY ROAD BURDICK CHRISTINE A 90000151 4.02 648 SULLIVAN AVENUE H AND V LLC 87300648 2.38 620 SULLIVAN AVENUE KRIVICKAS GEORGE A & DOROTHY E TR 87300620 4.07 135 TROY ROAD LAUSIER PATRICK A 90000135 0.45 688 SULLIVAN AVENUE ADMIRAL HOLDINGS CT LLC 87300688 0.72 602 SULLIVAN AVENUE MILLER RUTH A L/U TR 87300602 2.34 94 TROY ROAD WOJNILO JOSEPH & CHERYL 90000094 0.32 107 TROY ROAD COLLINS DEAN 90000107 0.41 118 TROY ROAD LITTLEFIELD JENNA T 90000118 0.76 678 SULLIVAN AVENUE NGUYEN TAMMY TAM 87300678 0.33 PLANNING DEPARMENT IN-HOUSE REFERRAL FORM DATE:5/1 0/21 TO:Michael Mansicalco,Walter Summers,Jeff Doolittle Molly Keays,Heather Oatis,Kevin Cooney,Tony Manfre, John Caldwell,Andrea Confrancesco,Mark Halibozek,Vincent Stetson FROM:Michele Lipe,AICP,Director of Flaming The Flaming &Engineering Departments have received plans for the following project: Appl 21—27 and 21-28P,UW Vintage Hills Zone Change and Special Exception for a Duplex Location:140 Troy Road Future Town-owned property involved?D Yes &No D new street(s)D new detention area D new open space/recreation area B active Dpassive Flaming Department notes: Future use is a residential duplex Please comment by 5/28/21 and return to the Flaming Department. D Site Plan D Subdivision No.Acres .84 ac Zone I to GC E Industrial B Commercial E Residential No.V Lots/Units Water:E Public @ Private Well Sewerage:&Public D Septic System Project Description:Rezone from Industrial to General Commercial PETITION SUBMITTED TO SOUTH WINDSOR T m Regardlng the Follomng Appllcatlons .21-27P UW Real vVII LLC/)1 2M)UW Ream VI L1AI L \June 22,2021 Reference:Appl.21-27P,UW Realty VII LLC,request for a zone change of 33,750 sf fr Industrial to General Commercial,on properly located at 140 Troy Road,I zone and Appl.21- 28P,UW Realty VII LLC,request for a special exception to Table 4.l .1A and site plan of development for a duplex,on property located at 140 Troy Road,GC zone Dear Chairman,l’acekonis The undersigned Property Owners are all situated in the immediate vicinity of the above referenced Applications. We strenuously object to the requested zone change as it constitutes a veiled but very clear attempt to implement a “Spot Zone”for the sole benefit of owners of Property Situated at 140 Troy Street,South Windsor,CT. We are certain that the Commission understands the definition of Spot Zoning.So that the record is clear it is the application of zoning to a specific parcel of land within a larger zoned area when the rezoning is at odds with a Town’s Master Plan of Development and current zoning restrictions.The requested Spot zoning in this instance,should be ruled invalid and denied by the Commission as it clearly constitutes an "arbitrary,capricious and unreasonable treatment"of a limited parcel of land by a local zoning ordinance.While zoning regulates the land use in whole districts,spot zoning makes unjustified exceptions for a parcel or parcels within a district The small size ofthis parcel is not the sole defining characteristic ofa spot zone.Rather,the defining characteristic is the narrowness and unjustified nature ofthe benefit to the particular property owner,to the detriment ofthe Town‘s general land use plan and the public goals.The requested rezoning would provide this applicant with an unjustified special treatment that solely benefits only this particular owner,while undermining the pre-existing rights and uses of adjacent property owners.There is no other way to describe the requested action other than ”Spot Zoning". Based on the foreqoinq we respectfully request that the application be unanimously denied. /99 WV M 5 Q/Ownerw‘gndw ‘37(A5‘f?A ddre%SWokamR‘i‘roctddress V QO $W.C‘fottimq owns“DQZ//Mjmf o/L [Egg §U¢LWAMDvg OwnerQ AQV)«Mg”/v Address pgw/i /€QZ it”O (j now/W .\ Address o %/M/W #[m /l&3///a/)Oq g J/d WNW/$xw/(f?/5/A§Ekessow /3a/SW O er/W MW g/W‘fwgjsmrtqAdd 3O ($61)Kgl/(J §1 OWE-e?%%&$@ %gwcagg //r S W48“ Owner / Owner Address/car‘s (9 lg 5w u/mJ /I7/'3a L4;mIOJcm M““r’a '\NH P mwme em” SQUM W‘N950 ‘ Owner Address Owner Address Own er Address Own er Address Owner Address Owner Address Own er Address Owner Address Own er Address Own er Address Own er Address Owner Address Own er Address Owner Address Memo -Draft To:Planning &Zoning Commission From:Michele Lipe,AICP Director of Planning Date:6/28/2021 Re:Appl21-27P,UW Reaity Zone Change Petition in response to the petition submitted on June 22,2012 against the above referenced zone change request,and in accordance with CGS Section 8-3 (b),staff have reviewed the petition submitted and determined which properties/percentage of land falls within the 500—foot radius of the zone change request.We then verified ownership of the property in the assessor records and checked the signature submitted to verify the that petition was signed by the property owner. Based on review,we found that the valid signature represents approximately 45%of the land within500 feet,requiring a two—thirds majority to approve the zone change. o Page 1 South Windsor Planning Department 'E‘860644—2511 ext.253 Fax 860-644-7280 CAUTION:This email originated from outside your organization.Exercise caution when opening attachments or on clicking Iinksfromunknownsenders. Michele, On behalf ofour clients,UW Realty VII,LLC,we hereby withdraw the pending Planning &Zoning Applications on 140TroyRoad(applications 21—27P &21«28P).Please let us know if you need anything else regarding this request. Rega rds, Ben Benjamin P,Wheeler,PLA Director of Operations &Landscape Architecture CELEBRATING DPI’s 35m ANNIVERSARY 1986 —2021 DESIGN PROFESSIONALS,INC. CIVIL &TRAFFIC ENGINEERS I SURVEYORS/PLANNERS l LANDSCAPE ARCHITECTS Serving Connecticut,Massachusetts,&Rhorle Island PIO.Box 1167 860.291 .8755 omce21JeffreyDrive959.900.8621 directSouthWindsor,CT 06074 www.desiqnprofessionalsinc.com CONFlDENTlALlTY NOTICE:This e-rnail message is intended only for the person or entity to which it is addressed and may contain conndential and/or privileged material.Any unauthorized review,use,disclosure or distribution Is prohibited.lf you are not the intended recipient,please contact the sender by reply email and destroy all copies of the original message. From:Ben Wheeler <Ben.Whee|er@designprofessionalsinc.com> Sent:Tuesday,June 29,2021 9:40 AM To:Lipe,Michele Subject:[External]140 Troy Road