Planning Commission Minutes 06/11/2013 ADOPTED

PLANNING COMMISSION MINUTES
JUNE 11, 2013
REGULAR MEETING

I. CALL TO ORDER

Michael R. Paine, Chairman, called the meeting to order at 7:00 p.m. in the Main Meeting Room of the Simsbury Town Offices.  The following members were present:  Ferg Jansen, Richard Cortes, Gary Lungarini, William Rice, Robert Kulakowski and Mark Drake.  Also in attendance was Hiram Peck, Director of Planning, Janis Prifti, Commission Clerk, and other interested parties.

II. SEATING OF ALTERNATES AS NECESSARY

Chairman Paine seated Commissioners Kulakowski and Lungarini.

III. DISCUSSION & POSSIBLE ACTION

Commissioner Kulakowski recused himself from Item III.a.

a. Referral:  Zoning Application #13-22 of Marc Lubetkin, Agent for George Markatos, Owner, for a Zone Change, Regulating Plan Amendment, from SC-3 to SC-1 on the property located at 10 Mall Way (Map G10, Block 227, Lot 001-A+RR). Zone SC-3.

Application #13-22 has gone before other land use commissions and is for a free-standing sign in front of 10 Mall Way.  The Applicant stated the shape of the sign was approved by Design Review last year but it is in an SC-3 zone which does not permit free-standing signs.  You must be in an SC-1 zone to have a free-standing sign and they determined the requested zone change to be the best way to proceed.  Previously, there was no night life in this dark area and the Redstone Pub is working to bring business to this area.  This historic building is not on Rte. 10 and the free-standing sign would bring the Pub to the attention of potential patrons.  Numerous meetings have been held with Town officials to review alternatives; a text amendment requires changing regulatory language that the Applicant believes would affect the whole Town and the simplicity of a zone change involves Mall Way and this lot only to assist the Applicant in advertising their business.  There is a suggestion that social media be the primary form of advertising, but the Applicant believes a physical sign presence is significant and requests a zone amendment.  The Applicant believes the zone change request is reasonable and that a 40-year vision cannot be reached without nurturing current economic vibrancy.  Wilcox and Station Streets have the SC-3 zone, but those businesses are right on the sidewalk/street and there are a series of retail businesses and they don't want to have free-standing signs on the sidewalk.  Mall Way has only one business and you want it to develop and become a vibrant area.  The Applicant reviewed various policies of the POCD; on page 69 economic development is discussed and this business will transform a dark nighttime area to a socially rich vibrant area; design considerations indicate compatibility with surroundings is desirable; policy 4 discusses a more pedestrian-friendly environment and this provides a connection to Fitzgerald Plaza and Wilcox/Station Streets; reliance on Design Review to guide center zone development rather than a one-size fits all standard; the Code provided an alternative compliance section which allows for fitting into the general theme, area, and intentions of the Town Center Code, but unfortunately, this does not apply to signage; economic development policies 1 and 6 for periodic review to assure market conditions are met - this isolated retailer wants to be visible and the zone change will allow that opportunity; policy 6 amend the zoning regulations to foster dynamic, prosperous business development; economic development implementation discusses diversifying the tax base to harmonize with adjoining uses and this business should be encouraged.  Code Studio has requested not tampering with the recently-developed regulations but the sign itself is okay, and the Applicant proposes that the zone change is the most efficient, focused, limited change for 1 street and 1 lot. 

Regarding the proposed location of the sign, the Applicant stated the building is a distance from the road and hanging a sign on the side of the building is too far removed from the road; the tree hiding the current sign is on the right side of the building; the free-standing sign would be on the left side as you go in.  The attached sign can be 10 sq. ft. and a stand-alone sign can be 16 sq. ft. or 60% larger.  The Commissioners discussed other signs and their visibility in the area. 

Mr. Peck provided a memo dated 6/10/13 indicating Code Studio is opposed to re-zoning because changing a zone affects both sides of the street under the form-based code and could affect the Cannon Building and other adjacent properties.  The impact of reducing density of required green space would be affected.  Changing rules that apply to streets simply to accommodate a new sign is not logical when there are other ways to accomplish the Applicant's goal.  The strength of the existing regulation is that it relates directly to the desired form in the adopted Master Plan.  The changes in the zoning map on the Code front-page require holding another vision session to establish an alternate vision which is an extensive process and is the reason why Code Studio is opposed to the zone change.

There are about 3 protected buildings in the SC-3 zone; a small text change that applies only to protected buildings is a possibility that would allow a free-standing sign that meets the size requirements, not the size presented which is twice the size allowed.  The text amendment could apply to both SC-2 and SC-3 zones.  The 10 sq. ft. attached projecting sign is already allowed for each tenant space; it was never the intent to be able to look down the street length and be able to identify it from the street; the proposal is to leave that sign and have another free-standing sign.  The Applicant can apply for a nicely-designed attached sign, externally lit to identify the business in that building as you turn down Mall Way.  The text change to allow for free-standing signs is another alternative as opposed to a drastic Code change.  There are significant implications for changing the zone for other portions of Mall Way, Station Street and a number of areas in Town Center.  There would not be significant implications for attaching a nicely designed sign or the small text change and one of these alternatives are Staff's recommendation; it was clarified that a text amendment has not been explored.  The Applicant believed there were about 40 protected buildings in the regulatory code and questioned how the impact would be demonstrated; there is tension in the center zone between having a vision and maintaining flexibility.  Following the Applicant's meeting in February with Town officials the zone change was recommended and that is what has been pursued. 

The Commissioners were sympathetic to the Applicant's desire for identification on Rte. 10 and discussed how to do that.  It was noted the Applicant was given permission previously to rehabilitate their currently existing off-site sign on the corner of Rte. 10 and Mall Way and has not done so.  It was noted that with a zone change, if another building went up further down Mall Way, it could look significantly different than the current buildings.  The intent of the Town center design guidelines was to minimize changes to these buildings; a text change would potentially limit such changes.  The Applicant has been working to determine the best method over a 15-month period and pursued the zone change; it cost $700 to apply for a zone amendment; the scope of a text amendment and its ramifications to the SC zones is a more difficult path.  Regarding a variance, a hardship would be required to do that as ZBA has a high bar. 

Commissioner Rice made a motion to provide a positive referral to the Application; there was no second and the motion died.

It was recommended the Applicant withdraw this Application and submit the 2-line change to the text using the same memo and submit an Application; Design Review recommended this less drastic change earlier this evening; the process should take 30-60 days.   The Applicant could pull the application, reapply to Zoning with a referral to Planning and re-apply the fee already submitted.  The Applicant stated they have approval from DRB to replace the existing corner sign using a larger Redstone Pub portion and planned to do both signs at once, if approval for this Application was received.  The Commissioners agreed there are sign alternatives available to the Applicant and discussed where the SC-3 zone begins at the end of the Richman Building down to Iron Horse which could be a bigger issue in the future.   It was noted the Application to Zoning was made in May, referred to Planning in June, and being acted upon in June.

Commissioner Jansen made a motion to provide a negative referral to Application #13-22 and to suggest the Applicant withdraw this Application and submit a text change amendment to accomplish the goal as specified in the 6/10/13 memo and the fee be refunded to apply to the new application.  Commissioner Drake seconded the motion, and it was passed unanimously.

Commissioner Kulakowski re-joined the meeting at 8:10 p.m.

b. CGS 8-24 referral from Board of Selectmen re:  Release of right of way and acceptance of right of way on Firetown Road

There was some land declared surplus when the road was re-aligned.  The Town Engineer reviewed this and sent a letter to the BOS requesting release of the residual right of way in front of 8 Firetown Road for .059 acres; land released to the Town on the opposite side of the road as .016 acres, with net land to the parties is .043 acres.  The Assessor's calculation was minor at about $4.87/year.  The Town Engineer and the Board of Selectmen approved this pending approval from the Planning Commission and Town Staff recommends it also.  The lot for #8 Firetown would then be just under half an acre and allow more conforming setbacks, more uniform curvature of the road, and remove easement questions and access way to the rear house. 

Commissioner Jansen made a motion for approval.  Commissioner Drake seconded the motion, and it was approved unanimously.

IV. DISCUSSION ITEMS

*Village District Study in Weatogue

Business people and residents in the area will be meeting June 19th in the Library Program Room to discuss ideas from the 1st meeting.  The public is invited to participate and offer suggestions regarding the Village District Regulation which will eventually become a zoning regulation for adoption by the Zoning Commission and the Design Review Board because it is a design district.  This will likely be finished in July and go to Zoning after their August break.  Commissioners are invited to attend this meeting.

*Marketing Study - Town wide

The initial meeting with Fairweather Consultants from New York was held at Masonic Hall.  The Consultant is collecting information from businesses and developing a database with updates available at Simsburystrategy.com.  Contact information is being provided to the Consultant.  They are looking at the potential for an area near the airport.  Phase I should be completed by July and Phase II will begin when funding is obtained.  Regarding 13% of the Town population is needed in the Town Center to support a vibrant retail economy while currently 1% of the population are downtown, the Consultant made that concept clear; Phase II should pull it together with other Town studies.  Weatogue density may become significantly greater in the future and improved accommodation for pedestrians.

*The Hartford Land Use Study status

The top 3 consultants have been selected with interviews on July 2nd and shortly thereafter a contract signed to move forward aggressively.  The building is 638,000 sq. ft. and there may be a series of smaller users; also, the northern 40 acres may be developed. 

V. COMMUNICATIONS AND ADMINISTRATIVE BUSINESS

Commissioner Kulakowski placed a letter he received in the record.

VI. APPROVAL OF MINUTES of May 28, 2013; April 9, 2013

Regarding the April 9, 2013 minutes:

Chairman Paine requested Commissioner Lungarini step down and seated Commissioner Kulakowski.

Commissioners Drake and Lungarini were added to the attendee list.

Commissioner Rice made a motion to approve the April 9, 2013 minutes, as amended.  Commissioner Kulakowski seconded the motion, and it was approved unanimously.

Regarding the May 28, 2013 minutes:

Chairman Paine seated Commissioner Kulakowski in his place, and acted as Secretary.

On Line 18, Tina Hallenbeck was Acting Chairman and seated Comissioner Kulakowski as Secretary.

Commissioner Rice made a motion to approve the May 28, 2013 minutes as amended.  Commissioner Drake seconded the motion, and it was approved unanimously.

VII. ADJOURNMENT

Commissioner Jansen made a motion to adjourn the meeting at 8:40 p.m.  Commissioner Drake seconded the motion, and it was passed unanimously.

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