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HomeMy WebLinkAbout23-15P O'Evergreen LLC applicationBrian L. McCann 90 State House Square Hartford, CT 06103-3702 p 203 330 2127 f 203 576 8888 bmccann@pullcom.com www.pullcom.com April 14, 2023 Michele M. Lipe, AICP Director of Planning East Windsor Planning Department 1540 Sullivan Avenue South Windsor, CT 06074 Re: Zoning Regulations Text Amendment Application- Sections 4.2.2, 4.2.5, and 10.3 Dear Ms. Lipe, On behalf of O’Connell Development Group, we submit this application for proposed text amendments to the above-referenced sections of the South Windsor Zoning Regulations (“Regulations”). These text amendments propose to draw distinctions between “drive though facilities” and “drive-up facilities”. The intended purpose of these text amendments is to allow the Regulations to comport with recent consumer spending habits, behavior, and retail operations in the post Covid-19 environment without allowing a proliferation of irresponsible and unsightly drive through facilities. The proposed text amendments have been narrowly tailored to specifically allow the retail consumer the option of receiving certain goods and services from their vehicles, while at the same time: a. Reducing curb cuts and traffic impacts from drive through facilities onto arterial roads, b. Enhancing the district’s character and development scheme, and c. Establishing a sense of placemaking through outdoor dining establishments. Attached hereto is a ‘red-lined’ copy of the relevant Regulations showing the proposed amendments. We look forward to discussing this text amendment application with the Planning Page 2 and Zoning Commission at its earliest available meeting. Please feel free to contact me if you have any questions or concerns. Thank you. Best regards, Brian L. McCann ACTIVE/76052.12/BMCCANN/10998952v1 Proposed Zoning Text Amendment to South Windsor Zoning Regulations 4.2.2 and 10.3: Drive-ThroughFacility: Anestablishmentthatbydesignencouragesorpermitscustomersto order services or goods from their motor vehicles through assistance of an on-site drive-up menu or intercom system. Drive-Up Facility: An establishment that by design encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles but does not permit customers to order services or goods through assistance of an on-site drive-up menu or intercom system. Restaurant, Fast Casual: An eating establishment that operates similar to a “fast food” restaurant but prepares and serves food that is of a higher quality (having fewer frozen or processed ingredients) than a “fast food” restaurant and that is cooked to order rather than prepared in quantity in advance. Proposed Zoning Text Amendment to South Windsor Zoning Regulation 4.2.5: E.Drive-through facilities areA Drive-Through Facility is a permitted use provided they complyit complies with the design standards as set forth in Section 4.2.16 andprovided, however, a Drive- Through Facility that involves the ordering and delivery of food shall only be permitted when the use to which the drive-through facilityDrive-Through Facility is a part of meets the following criteria: a. Hot meals must be made to order. b. Use must be part of a multi-tenant building. c. Restaurant must offer table delivery of food. be a ‘fast casual’ type restaurant and not traditional ‘fast food’ type restaurant. d. Metal silverware, ceramic plates, and other dishwasher safe materials are required for patron’s use on premises. Food cannot be served on premises in/on Styrofoam or plastic. d. [Deleted]. e. The facility must be part of a planned unit development of at least two-hundred thousand (200,000) square feet of gross building area. f. Land unit must not have direct access to an arterial road and must possess frontage on at least two non-arterial roads (to limit potential traffic-related impacts). g. Buildings must be individually designed and not a franchise-type building design. h.Restaurantmustofferseasonaloutdoordiningwiththenumber ofoutdoortablesandseating of not less than 25% of the number of indoor tables and seating. F.A Drive-Up Facility is a permitted use provided it complies with the design standards as set forth in Section 4.2.16. G.Electric Vehicle Supply Equipment (EVSE) is permitted as a primary use by Special Exception. ZONING REFERRAL FORM BY LAW,THE ZONING COMMISSION SHALL GIVE WRI'|—|'EN NOTICE OF ITS PROPOSALTO THE REGIONAL COUNCILOF GOVERNMENTS NOT LATER THAN THIRTY DAYS BEFORE THE PUBLIC HEARING TO BE HELD IN RELATION TO THE SUBJECT SUBDIVISION. NOTICE SHALL BE MADE BY CERTIFIED MAIL,RETURN RECEIPT REQUESTED OR BY EMAIL TO zoningref@crcog.org. CRCOG—2017 Andover/Avon/Berlin /Bloomfieid /Bolton /Canton I Columbia I Coventry /East Granby/East Hartford I East Windsor/Ellington /Entield /FarmingtonGlastonburyiGranby/Hartford I Hebron /Manchester/Mansfield /Marlborough]New Britain /Newington /Plainville /Rocky Hilli Simsbury/SomersSouthWindsor/Southington /Stafford /SufReId I Tolland /Vernon IWest Hartford /Wethersheid /Willington /Windsor l Windsor Locks A voluntary Council of Governments formed to initiate and implement regional programs of benefit to the towns and the region FOR:NOTIFICATION OF REFERRALS BY ZONING COMMISSIONS Please fill in,save a copy for your records and send with appropriate attachments by certified mail or electronically to: zoningrefQcrcog gg FROM:D Zoning Commission Planning and Zoning Commission DCity or Town Council (acting as Zoning Commission) Municipality:South Windsor T0:Capitol Region Council of Governments Policy Development &Pianning Department 241 Main Street,Hartford,CT 06106 Date of Referral:4/7/23 Pursuant to the provisions ofSection 8—3b of the General Statutes of Connecticut,as amended,thefollowing proposed zoning amendment is referred to the Capitol Region Council of Governments for comment: NATURE OF PROPOSED CHANGE: B Adoption of amendment of ZONING MAP for any area within 500 feet of another Capitol Region Municipality. Attach map showing proposed change. @ Adoption or amendment of ZONING REGULATIONS applying to any zone within 500 feet of another Capitol Region Municipality. Attach copy of proposed change in regulations. THE CHANGE WAS REQUESTED BY:D Municipal Agency: @ Petition DATE PUBLIC HEARING IS SCHEDULED FOR:6/13/23 MATERIAL SUBMITTED HEREWITH: &Regulation Changes B Map of Change D Supporting Statements D Public Notice Other (Specify): HAS THJS REFERRAL BEEN SUBMITTED PREVIOUSLYDYESgNO.IF YES,ON WHAT DATE: Name: Title: Address: Phone: Email: TO CRCOG? ilichele M.Lipe,AICP iirector fo Planning 540 Sullivan Ave outh Windsor,CT 06074 360)544-2511,ext 2252 1ichele.|ipe@southwindsor CAPITOL REGIONCOUNCILOFGOVERNMENTS 241 Main Street/Hamord/Connecticut/06106Phone(860)522-2217/Fax (850)7241274Workingtogetherforabarterregron.wwmcrcogprg May 30,2023 TO:SOUTH WINDSOR PLANNING AND ZONING COMMISSION REPORT ON ZONING REFERRAL Z-2023-60:Proposed zoning text amendment to section 4.2.2, 4.2.5,and 10.3 regarding distinctions made between a drive through facility and a drive—up facility. COMMISSIONERS:Receipt is acknowledged of the above-mentioned referral.Notice of this proposalwastransmittedtothePolicyandPlanningDivisionoftheCapitolRegionCouncilofGovernmentsunder the provisions of Section 8-3b of the Connecticut General Statutes,as amended. COMMENT:The staff ofthe Regional Planning Commission ofthe Capitol Region Council of Governments has reviewed this zoning referral and finds no apparent conflict with regional plans and policies or the concerns ofneighboring towns. The public hearing date has been scheduled for 6/1 3/2023, In accordance with our procedures this letter will constitute final CRCOG action on this referral Questions concerning this referral should be directed to Jacob Knowlton. DISTRIBUTION:Planner:Hartford,Windsor,East Windsor,Ellington,Vernon,Manchester,East Hartford Respectfully submitted, Jennifer Bartiss-Earley,Chairman Regional Planning Commission William Rice,Vice Chairman Regional Planning Commission Jacob Knowlton Community Development Planner Andover I Avon I Berlin I Bloomtield I Bolton I Canton I Columbia I Coventry I East Granby I East Hartford I East \Mndsor I Ellington I Enneld I Farmington/Glastonbury /Granby I Hartford /Hebron I Manchesterl Mansneld I Marlborough I New Britain I Newington I Plainville I Rocky Hill ISimsbury /Somers l SouthMndsorISouthingtonIStaffordISumeldITollandIVernonIWestHartfordIWethersneld/VWIIington I Windsor I VWndsor Locks A voluntary Council ol Governments formed to initiate and Implement regional programs of benefit to the towns and the region / 9 (/\\ KtbmvmuJUN02 2023 $0UTH WINDSOR PLANN‘NG DEPT.RED ”‘K\W/‘}’ (k Proposed Zoning Text Amendment to South Windsor Zoning Regulations 4.2.2 and 10.3: Drive-Through Facility:An establishment that by design encourages or permits customers to order services or goods from their motor vehicles through assistance of an on-site drive-up menu or intercom system. Drive-Up Facility:An establishment that by design encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles but does not permit customers to order services or goods through assistance of an on-site drive-up menu or intercom system. Restau rant,Fast Casual:An eating establishment that operates similar to a “fast food”restaurant but prepares and serves food that is of a higher quality (having fewer frozen or processedingredients)than a “fast food”restaurant and that is cooked to order rather than prepared in quantitvinadvance. Proposed Zoning Text Amendment to South Windsor Zoning Regulation 4.2.5: E'.’‘‘A Drive-Through Facility is a permitted use provided they-eempl-yil complies with the design standards as set forth in Section 4.2.16 andprovided,however,a Drive- Through Facilitv that involves the-ordering and delivery of food shall only be permitted When the use to which the Drive-Through Facility is a part of meets all ofthe following criteria: a.Hot meals must be made to order. b.Use must be part ofa multi—tenant building. c.Restaurant must '.be a ‘fast casual’type restaurant and not traditional ‘fast food’type restaurant. d .[Deleted]. e.The facility must be part of a planned unit development of at least two—hundred thousand (200,000)square feet of gross building area. f.Land unit must not have direct access to an arterial road and must possess frontage on at least two non—arterial roads (to limit potential traffic-related impacts). g.Buildings must be individually designed and not a franchise—type building design. h.Restaurant must offer indoor and seasonal outdoor dining with the number ofoutdoor tables and seating of not less than 25%of the number of indoor tables and seating. F.A Drive-Up Faciliy is a permitted use provided it complies with the design standards as set forth in Section 4.2.16.czrcludin ose desig tandards that a ply solely to a_Drive—Through Facility: g Electric Vehicle Supply Equipment (EVSE)is permitted as a primary use by Special Exception. .Lwgf i 1:;i,r“© CERTIFIED MAIL 7022 2410 0000 6508 5576 June 16, 2023 Sarah Stine 800 Kelly Way Holyoke, MA 01040 Dear Ms. Stine: Re: Appl. 23-15P O’Evergreen, LLC Text Amendment We are pleased to advise you that at the June 13, 2023 meeting, the Planning and Zoning Commission voted to approve your request for a zoning text amendment to Sections 4.2.2, 4.2.5, and 10.3 to modify Sec. 10 Definition of Drive-through Facility and add Definition of Drive-up Facility and Fast Casual Restaurant; modify several criteria in Sec. 4.2.5 for such uses in the Buckland Gateway Development zone. 1. The Planning and Zoning Commission finds that the zone text change is in conformance with the Town Plan of Conservation and Development. 2. The effective date of the zone text amendment is June 25, 2023. A copy of the amendment is attached, along with the legal notice to be published in the Journal Inquirer. Sincerely, Bart Pacekonis, Chairman Planning & Zoning Commission BP/ml Enclosure Adopted: 6-13-23 Effective: 6-25-23 Text changes approved 6-13-23; effective 6-25-23 Amendments to Section 4.2.2 and Section 10.3 Definitions Drive-through Facility: An establishment that, by design, encourages or permits customers to order services or goods from their motor vehicles through the assistance of an on-site drive-up menu or intercom system. Drive-up Facility: An establishment that, by design, encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles but does not permit customers to order services or goods through the assistance of an on-site drive-up menu or intercom system. Restaurant, Fast Casual: An eating establishment that operates similar to a "fast food" restaurant but prepares and serves food that is of a higher quality (having fewer frozen or processed ingredients) than a "fast food" restaurant and that is cooked to order rather than prepared in quantity in advance. Amendment to Section 4.2.5: E. A drive-through facility is a permitted use provided it complies with the design standards set forth in Section 4.2.16. provided, a drive-through facility that involves the ordering and delivery of food shall only be permitted when the use of the drive-through facility meets all of the following criteria: a. Hot meals must be made to order. b. Usage must be part of a multi-tenant building. c. Restaurant must be a ‘fast casual’ type restaurant and not a traditional ‘fast food’ type restaurant. d. The facility must be part of a planned unit development of at least two hundred thousand (200,000) square feet of gross building area. e. The development proposal must not have direct access to an arterial road and must possess frontage on at least two non-arterial roads (to limit potential traffic- related impacts). g. Buildings must be individually designed, not franchise-type building designs. h. Restaurants must offer indoor and seasonal outdoor dining, with the number of outdoor tables and seating not less than 25% of the number of indoor tables and seating. i. A drive-up facility is a permitted use provided it complies with the design standards as set forth in Section 4.2.16., excluding those design standards that apply solely to a drive-through facility. j. Electric Vehicle Supply Equipment (EVSE) is permitted as a primary use by Special Exception. Amendments to Section 4.2.16 4.2.16 Design Standards for Drive-Through Facilities and Drive-Up Facilities A. There shall only be one drive-through/drive-up per building. B. The applicant must demonstrate that the design provides for safe and orderly vehicular and pedestrian flow and traffic circulation and minimizes vehicular and pedestrian conflicts. C. Drive-through/drive-up elements of a building are to be incorporated into the building’s architectural style to achieve an integrated design, and the service window(s) shall be located to the rear or side of the building. Drive-through lanes shall have adequate motor vehicle queuing based on the proposed uses and shall include a bypass lane. D. Limit one menu board per drive-through lane, not to exceed seven feet (7’) in height as measured from the top of the finished grade at the base of menu board. E. Limit one preview board per drive-through lane, not to exceed seven feet (7’) in height as measured from the top of the finished grade at the base of preview board. F. Limit one clearance bar per drive-through lane. G. Canopies covering a drive-through/drive-up shall use a similar roof form, pitch, and materials consistent with the principal structure. Such architectural features shall be similar in nature to those of the main building. Canvas awnings are also an approved covering over the pick-up window(s). H. Canopy supports for canopies covering a drive-through/drive-up shall be designed to complement the building in form and materials. I. Internal illumination of the canopy covering a drive-through/drive-up is not permitted. J. For canopies covering a drive-through/drive-up, lighting must be fully recessed to the ceiling of the canopy, providing full cut-off of lamps/bulbs. K. The applicant will screen the public right-of-way view(s) of all cars within the drive- through queue and drive-through components, including but not limited to the menu board, preview board, and clearance bar. Screening solutions include landscaping, berms, decorative fencing, or any combination of those. Any proposed screening solution will complement the surrounding environment and architecture of the building in which the drive-through facility is located. A sight line study is required to illustrate proper screening. L. No more than two queue lanes are permitted for drive-throughs, with the exception of financial uses, where three queue lanes are permitted and shall include a bypass lane. M. The drive-through/drive-up facility shall be designed to reduce pedestrian and vehicular conflicts. A minimum of seventy-five percent (75%) of the parking spaces shall be designed so there are no conflicts between the stacking lanes and the pedestrian access into the facility. The applicant may seek relief from Zoning Ordinance 4.2.11 Parking and Access, Item C.2 due to physical restraints of the site, provided the drive-through meets the other criteria listed in this section. N. Queue lanes for drive-through facilities shall be designed to achieve maximum efficiency in the functioning of the stacking lanes as well as the overall site. The queue lane(s) shall be effectively separated from the parking field through the use of curbing, raised islands, and/or landscaping improvements. The Commission may permit the use of hardscape improvements such as decorative pavers, bollards, and raised crosswalks to meet the design objective. For restaurants, a minimum total of 10 (ten) vehicle spaces shall be provided in the drive-through aisle. Unless specific operations mandate otherwise, a minimum length to accommodate 7 (seven) vehicles is available between the entrance to the stacking lane and order station, and that the aisle is contained within the site and located a good distance from any vehicular entrance. This requirement can be modified when documented through a queuing study to confirm appropriate length. O. The service area and queue lane(s) shall be located fifteen feet (15’) from the property line of adjacent commercial uses and fifty feet (50’) from the property lines of adjacent residential uses to prevent noise or lighting impacts. Headlights from the queuing vehicles shall be screened to not create glare or bright lights issues with pedestrians, or adjacent traffic (or traffic patterns), or adjacent businesses. P. The drive-through/drive-up pickup window shall not face the public right-of-way. Q. The drive-through/drive-up pickup window shall be set back a minimum of one hundred fifty feet (150’) from the right-of-way. R. Each drive-through/drive-up lane shall be properly striped, marked, or otherwise distinctly delineated. For drive-up facilities, a minimum of two parking spaces shall be dedicated for pickups. S. The minimum width of a drive-through/drive-up lane shall be nine feet (9’). T. The access points to the drive-through/drive-up facility from the public right-of-way shall be constructed at a sufficient distance from roadway intersections to prevent traffic conflicts, overflow, and congestion. When possible, the drive-through/drive- up facility shall exit onto a secondary street. Primary access drives to the drive- through/drive-up facility are not permitted along Buckland Road.