ZONING COMMISSION MINUTES
APRIL 18, 2007
SPECIAL MEETING
I. CALL TO ORDER
Austin Barney, Chairman, called the special meeting of the Zoning Commission to order at 7:02 p.m. in the Simsbury High School Amphitheater, 34 Farms Village Road. The following members were present: Garrett Delehanty, Jr., James Gallagher, Alexis Popik and Alternate Madeleine Gilkey. Also in attendance were Hiram Peck, Director of Planning, Lois Laczko, Commission Clerk, Dwight H. Merriam, Special Counsel, and other interested parties.
II. APPOINTMENT OF ALTERNATES
Chairman Barney appointed Commissioner Gilkey to serve for Commissioner Askham.
III. PRESENTATION, DISCUSSION AND POSSIBLE VOTE
a. Presentation by Pasquale Brunzo for signage at Terrazza Italia Restaurant, 8 Wilcox Street.
Pasquale Brunzo (Glastonbury, Connecticut), Owner of Terrazza Italia Restaurant spoke on behalf of this application. He said that this will be a fine dining (Italian) restaurant. Mr. Barney read the memo dated dateYear2007Day11Month4April 11, 2007 from the Design Review Board regarding their recommendations. A picture of the sign was shown in the packet.
Commissioner Delehanty approved as presented the application of Pasquale Brunzo for signage at the Terrazza Italia Restaurant, 8 Wilcox Street. The motion was seconded by Commissioner Popik and passed unanimously.
IV. DISCUSSION OF PLANNED DEVELOPMENT DISTRICT DRAFT REGULATIONS with Dwight H. Merriam, Special Counsel
Chairman Barney said that they are asked why the town is proposing this regulation which permits mixed use on properties in town. He said that there are three applicants who would each like to, and have the right to, submit their own application for a mixed use PDD application. Chairman Barney said that by the town doing it we can provide a regulation that the town feels is fair town-wide as opposed to project wise. There would then be a town-wide sponsored regulation instead of competing proposals for this type of regulation. Chairman Barney said that the purpose of tonight’s meeting is that of a workshop for the commission. Special Counsel, Dwight Merriam, will go through the regulation as it is drafted and describe and educate the commission as to what it is about. He explained that this is not a public hearing,
but there will be a public hearing on this matter once this commission and the other commissions have been educated.
Dwight Merriam, addressStreet80 Latimer Lane, CitySimsbury, Special Counsel to the town gave an overview on PDD’s (Planned Development Districts) generally. He said that he is working on coming up with a regulation that would serve everyone’s interest including the community at large. This regulation could be used on any size property in the community subject to the criteria. He explained that he took the draft that was given to him several weeks ago and took about 90% of the substance of that draft and retained it, but recast it so it would be more workable. Tonight is a first draft. Mr. Merriam said that there is not a single Planned Development District regulation in the country that could be used as a model. This is because they reflect the local political climate, local interest and the political process.
Mr. Merriam explained that property consists of many dimensions. There are surface/subsurface rights, air rights, consolidated operations, non-contiguous holdings, later acquired properties, and transfer development rights. He discussed new zoning as cluster zoning, transferable development rights, purchase of development rights and mitigation banking. He spoke of old zoning as being very inflexible explaining that the as of right zoning is the lowest common denominator zone and is one size fits all. One size fits all no longer works.
Mr. Merriam said that the Planned Development District is a highly flexible technique. This allows a variety of mixed uses and also allows for diversity in both density and physical setbacks and promotes better land use. Mr. Merriam went over the three steps process for a developer. The developer would petition for mapping of the PDD and submit a conceptual plan only. Then the developer would come back in for approval of a master site plan. The last step would be the submission of the final site plan.
Mr. Merriam discussed the Planned Development District (PDD) intent, purposes, general requirements, permitted and prohibited uses, location criteria, standards, application and fees, application process (pre-application meetings at all three steps of submission and review process), and applicant community outreach. He discussed the Transfer of Development Rights (TDR) intent, application, criteria for decision, development rights transferred, and filing requirements.
After the presentation, the commission members and Mr. Merriam discussed this draft of the PDD and the possible changes they might want to make in this draft version.
Mr. Peck said that a second work shop session would be scheduled as soon as possible. A public hearing date will be set after the work shops are completed.
V. APPROVAL OF MINUTES of dateYear2007Day2Month4April 2, 2007
Commissioner Gallagher moved to approve the Minutes of April 2, 2007. The motion was seconded by Commissioner Delehanty and passed unanimously.
VI. STAFF REPORTS
a. Report from Planning Director, Hiram Peck
Mr. Peck said that the pre-application presentation for the proposed south end development will be held on dateYear2007Day25Month4Wednesday, April 25, 2007 at timeMinute0Hour197:00 p.m. in the placePlaceNameSimsbury PlaceTypeHigh School auditorium.
VII. ADJOURNMENT
Commissioner Gilkey moved to adjourn the meeting at 9:20 p.m. The motion was seconded by Commissioner Gallagher and passed unanimously.
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Garrett Delehanty, Jr., Secretary
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