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HomeMy WebLinkAbout21-41P Evergreen Walk Unit 7C Text AmendmentALTER PEARSON, LLC ATTORNEYS AT LAW Christopher J. Smith csmith@alterpearson.com August 23, 2021 Via hand -delivery and email Bart Pacekonis, Chairman Planning and Zoning Commission Town of South Windsor c/o Michele M. Lipe, AICP, Director of Planning 1540 Sullivan. Avenue South Windsor, Connecticut 06074 70Y Hebron Avenue P.O. Box i53o Glastonbury, CT 06033 86o,652.402o TELEPHONE 86o,652.4022, FACSIMILE Re: Applications for: (1) zone text amendments concern inz Article 4, Sections 4.2.15(A)(2)(c). and 4.2.15 A 2 e of the Zoning Regylations of the Town o South Windsor Connecticut "text amendment " - 2 amendment to General Plan as provided by Article 4 Section 4.2-15 D 2 of the Zoning Re lations • and Qspecial exception as rovided by Article 4 Section 4.2.15 D I of the Zoning Re lations- to permit a one hundred and six - ive 165 unit multi -family residential comrnuniU on real propertv known as Unit 7C located at Evergreen Walk and known as Unit 7C of 151 Buckland Road GIS Pin # 31300000 South Windsor Connecticut ("subjectRropertU") Owner / applicant.- Evergreen Walk LLC. Dear Chairman Pacekonis, Members of the Commission, and Director Lipe, The undersigned Firm represents Evergreen Walk, LLC ("Evergreen Walk") concerning the above -referenced applications associated with a one hundred and sixty-five (165) unit residential community development of Unit 7C located within Evergreen Walk. This proposed residential community will include a new clubhouse and exterior amenities including a pool. The zone text amendment petition addresses certain provisions of Article 4, Section 4.2, entitled, "Buckland Road Gateway Development Zone (GD)". Specifically, the proposed text amendment will: (1) increase the existing "cap" on residential units in the GD from 200 to 365 units, as provided by Article 4, Section 4.2.15(A)(2)(e); and (2) clarify the application of the maximum ratio of 2:1 aggregate of residential to commercial floor area relative to a General Development Plan submitted contemporaneously with a special exception application for a multi -family residential use, as provided by Article 4, Section 4.2.15(A)(2)(c). ALTER PEARSON, LLC ATTORNEYS AT LA'S Evergreen Walls respectfully submits that the subject zone text amendments are consistent with the Town's comprehensive plan, which comprises the Town's Zone Map and Zoning Regulations, and with Section 8-2 of the Connecticut General Statutes. The amendments will not result in an adverse impact to the public health, safety or welfare. In addition, the proposed text amendments are consistent with the "South Windsor PIan of Conservation and Development; Adopted: July 23, 2013; Effective: August 18, 2013; Amended: September 21, 2014" ("POCD"). Specifically, the text amendments will promote housing opportunities and choices for the citizens of South Windsor with a mixed use approach within the Evergreen Walk community that accommodates the co -existence of new housing with established adjacent commercial uses. This mixed use approach enhances the viability of the adjacent commercial uses while promoting pedestrian connectivity with these commercial amenities thereby reducing congestion issues. The proposed housing subject to these text amendments will be located within walking distance of well -established commercial areas, close proximity to bus service and an arterial roadway. (See POCD, at pp. 74 and 76.) These objectives are also consistent with the State's Growth Management Principles and associated regional planning objectives. (See POCD, at pp. 105-106.) The requests to amend the General Plan for Evergreen Walk, and related special exception, are submitted in support of the aforementioned residential community that will comprise one hundred and sixty-five (165) multi -family units. The community will have eighty-three (83) one bedroom units, and eighty-two (82) two bedroom units. Evergreen Walk and its Team look forward to presenting these applications to the Commission. Thank you for your anticipated cooperation and assistance concerning this matter. As always, best regards. cc: Evergreen Walk, LLC Alan F. Lamson, AICP Z y y Christopher 2 TOWN OF SOUTH WODSOR PLANNING & ZONING COMUSSION APPLICATION FORM Application Number. Official Receipt Date: VPC Application #: COMPLETE LOCATION OF PROPERTY: OWNER OF RECORD ON LAND RECORDS: OWNER ADDRESS: GIS PIN # 121O&ZONE NAME, ADDRESS, TELEPHONE & EMAIL ADDRESS OF PERSON TO WHOM INQUIRIES SHOULD %BEIDIRECTEI &12&1.i ��-ii.i'n�D�'�'t-�J%►. �ii!ti -,Estimated presentation time:. 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 x -- ❑ Site Plan of Development ❑ New General Plan of Development (Public Hearing and Certificate of Mailing Required) ❑ Modification Building(s) Sq Ft ❑ Earth Filling (Sec. 7.6) and/or Earth Removal (Sec. 7.16) (Public Hearing and Certificate of Mailing Required) Regulation Amendment PK 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 requked to be posted on the property for all applications ten 1101 days prior to being beard by the Commission. Signature of Applicant Signature a ro :r Owner Print N ney�f Ap li t Print Name of Pro a Owner Revised 2/26/2021 M4N 1'Te��- NARRATIVE This overall application is to permit an additional 165 residential units as an expansion of the existing Tempo 1 community. The new residential units will be located on Unit 7C to the west of Tempo 1. The proposed text amendment will increase the existing cap on residential units in the Gateway Development zone (GD) from 200 to 365 units and clarify the application of the maximum ratio of 2:1 aggregate of residential to commercial floor area relative to a General Plan of Development submitted contemporaneously with a special exception application for a multi -family residential use. The Special Exception/General Plan of Development application gives specifics required by the Zoning Regulations regarding the multifamily development and modifies the General Plan of Development to accommodate and mitigate the potential traffic and utility impacts of this development on the overall plan for Evergreen Walk. The changes to the General Plan of Development are: 1. Remove all office use (90,950 SF and 360 parking spaces) from Unit 7C 2. Place 60,000 SF of office use and 290 parking spaces on Unit 5 3. Eliminate 30,950 SF of office use and 70 parking spaces from the General Plan of Development 4. Remove all retail (9,209 SF and 46 parking spaces) from Unit 7C 5. Remove 10,000 SF of retail and 50 parking spaces from Unit 5 6. Place 19,209 SF of retail and 96 parking spaces on Unit 8 7. Add 165 units of multifamily residential on Unit 7C with 313 parking spaces (1.89 index) The net change of all of this is: 1. Delete 30,950 SF of retail from the General Plan of Development 2. Add 165 multifamily residential units to the General Plan of Development 3. Modify the parking as required ALTER PEARSON, A"l`"I'C)RNEYS AT :I,AW Christopher j. Smith esini tho alterpearson.com Via email delivery only Bart Pacekonis, Chairperson Members of the Planning and Zoning Commission c/o Michele Lipe, AICP, Director of Planning Town Hall 1540 Sullivan Avenue South Windsor, Connecticut 06074 lox Hebron Avenue l? 0. I3ox 15.30 Glastonbury, C T ow33 860.652-4020 "I'ELEPIIONEI 86o.652.4022 FACSIMILE Re: (1) Application 21-41 P, Evergreen Walk, LLC — multifamily text amendment concerning the Gateway Development Zone District; and (2) Application 21-42P, Evergreen Walk, LLC — request to modify the General Plan of Development and Special Exception for a 165 unit multi- family development of real property known as Unit 7C located within Evergreen Walk. Applicant/owner: Evergreen Walk, LLC Dear Chairman Pacekonis and Members of the Commission, As you are aware, the undersigned Firm represents Evergreen Walk, LLC, which is the landowner and applicant ("Applicant") concerning the above -referenced zoning applications. On January 11, 2022, subsequent to the close of the public hearing and during deliberations concerning the above -referenced Application 21-41 P for a zone text amendment that provided, in part, a proposed increase in the multi -family dwelling or unit cap within the Gateway Development Zone District, one of the Commission Members, Commissioner Dexter, expressed what appears to be a predisposition or predetermination against any application that involves children who may attend the South Windsor school system. First, this was never disclosed to the applicant during the hearing proceedings where the applicant would have been afforded the opportunity to address this apparent predisposition or predetermination, and request that the Commissioner recuse herself. Second, to deny the proposed zone text request, or the related application to amend the General Plan of Development and Special Exception for the subject multi -family residential community, based on the fact that families with school age children may reside within this community, is not an appropriate basis for denying the above -referenced two applications. Therefore, the applicant respectfully requests that the Commission refrain from publishing notice of the decisions to deny both applications thereby enabling the Commission to consider this request. The applicant further respectfully requests or moves that the Commission vote to reconsider ALTER PEARSON, LLC ATTORNEYS A"r LAND' its decisions to deny both applications with Commissioner Dexter recusing herself from participating in the subsequent deliberations and that she not vote on the merits of the two applications. Thank you for the Commission's anticipated cooperation and consideration concerning this request. Cc: Evergreen Walk, LLC Very t ly yours, Christopher J. mith M Applicant: Evergreen Walk, LLC Date: August 23, 2021 Amend Section 4.2.15(A)(2)(e) of the South Windsor Zoning Regulations to read: e. The size of a multifamily residential use which is under construction at any one time may be limited by the Commission during the approval process by requiring phasing of construction and/or a reduction in the number of residential units to be built in any phase to an amount not to exceed 110 residential units per phase or development area as showing in the General Plan of Development. The total number of residential units in the Buckland Road Gateway Development Zone shall not exceed 200 365 units. Amend Section 4.2.15(A)2(c) of the South Windsor Zoning Regulations to read: c. The floor area of the aggregate of all residential units in the proposed development area shall be limited to a maximum ratio of 2:1 to the commercial floor area shown on the submitted Development Area Plan a General Plan of Development that shall be submitted contemporaneously with an application for special exception for multi-family use as provided here. Such commercial area shall be new to the submitted General Plan of Development or shall have been shown on a General Plan of Development for the Site and constructed within the previous 12 months Facilities for the sole purpose of support of a multifamily residential use, such as club house, meeting rooms, offices, garage space, etc., shall not be counted as either residential or non-residential floor area in determining compliance with the ratio.