July 12, 2009
Re: Zoning Commission Planned Area development (PAD) Subcommittee activity
Early in 2009 the Board of Selectmen asked Town Attorney Bob DeCrescenzo to research other communities mixed use zoning regulations to determine if a relatively simple mixed use regulation could be drafted and adopted in Simsbury.
After completing his research on a number of the over 40 communities in Connecticut which have mixed use regulations, he focused on regulations from Glastonbury, South Windsor, Manchester, Groton, Colchester, West Hartford and Mansfield, CT. A preliminary discussion draft PAD regulation was developed using Glastonbury’s regulation as a rough template for the PAD process.
In March and April of 2009, Attorney DeCrescenzo and I presented the preliminary discussion draft to many local boards, commissions and groups. These presentations were made to groups including the Planning Commission, Zoning Board of Appeals, Conservation and Inland Wetlands Commission, Economic Development Commission, Design Review Board, Historic District Commission, Chamber of Commerce, Main Street Partnership as well as the public. These meetings were held at various locations around Simsbury over a period of several months.
In May of 2009, Dunny Barney, Chairman of the Zoning Commission requested that a subcommittee of the Zoning Commission be convened to discuss the draft PAD regulation and provide a recommendation back to the Zoning Commission regarding the PAD regulation. The subcommittee is made up of members from Planning, Zoning, Zoning Board of Appeals, Conservation/Wetlands, Economic Development and Design Review Board. The PAD subcommittee began meeting in mid May to discuss the draft PAD zoning regulation.
The subcommittee met on an almost weekly basis to discuss the PAD process and regulation details. In a effort to determine exactly how other towns regulations work, the subcommittee invited several speakers to discuss the PAD effort. They invited the Planning Director from Manchester and the Planning Director from Glastonbury to discuss how the mixed use zoning regulations work in their respective towns. Due to scheduling conflict the planner from Manchester was not able to attend. However the planner from Glastonbury attended, spoke and addressed subcommittee members questions.
In addition the subcommittee agreed to seek special funds to ask Attorney Robert Sitkowski of West Hartford to make a presentation to the group. The funds were approved by First Selectman Mary Glassman. Attorney Sitkowski made a presentation that described in detail the differences between a mixed use PAD type regulation and a Form Based Code such as that being considered for adoption in Hamden, CT.
The subcommittee continued to discuss how to best approach the task of drafting a mixed use PAD type regulation that, while not a Form Based Code (FBC), such as is being discussed for study in the Town Center, would effectively “bridge the current gap” between the present Euclidian use based type regulations which have served Simsbury well since their inception and the detailed FBC being discussed.
Much discussion has ensued regarding whether the PAD regulation needs to be extremely detailed and thus expensive at the front end of the development process or whether it should be a stepped process which would permit both the Town and the applicant to find out early on in the development process if the suggested development was desirable to pursue or not.
At this time the PROGRESS DRAFT PAD zoning regulation contains elements of both points of view. The draft regulation allows a potential applicant to come forward to informally discuss a development idea he or she may have. Initial meetings would provide schematic designs with enough information for the boards and commissions to determine whether the idea was worth pursuing or not. If not, the developer would not have invested significant amounts of time and money. If it is worth pursuing, then detailed plans, drawings, studies and maps of all types would be required to be submitted prior to any application going forward.
After the submission of all the required detailed maps, plans, studies and information, the application would be either approved or denied after a required public hearing as is required under Connecticut law for any PAD zone change. At this public hearing any and all public comments would be received. If the Zoning Commission decides to deny the application after the hearing, they may do so. If they decide to approve the application, the PAD zone is “landed” on that particular site.
It is very important for everyone to understand that the PAD draft regulation currently refers to the adopted Simsbury Plan of Conservation and Development (POCD) as a basis for review and decision making. Under Connecticut law the POCD is not a regulatory document. However, the PAD draft makes clear that the POCD is one of several important standards to be used in making the determination as to whether a particular development should be approved or denied.
In summary, the PROGRESS PAD Zoning Regulation is a document that to date has taken a variety of points of view into account. The PAD process, like any zoning process under Connecticut law is a measured process that requires several steps in order for a project to go forward. It should also be noted that the PAD regulation specifically makes note of the fact that all requirements for other permits such as environmental or subdivision approvals are still required and may not be circumvented or bypassed in any way.
The subcommittee is anxious to hear public comment on the work done to date. After public comment it is expected that the PAD will be sent to the Zoning Commission with some recommendation. The Zoning commission will then decide whether to hold a public hearing on the PAD. A public hearing is required under Connecticut law prior to adoption of any zoning regulation revision.
Hiram W. Peck, AICP
Director of Community Planning and Development
Simsbury, CT
| 
