Zoning Commission 01/07/2013 ADOPTED

ZONING COMMISSION - REGULAR MEETING
ADOPTED MINUTES
JANUARY 7, 2013

I. CALL TO ORDER
Edward Pabich, Secretary, called the regular meeting for the Simsbury Zoning Commission to order at 7:00PM on Monday, January 7, 2013 in the Main Meeting Room of the Simsbury Town Offices. The following members and alternates were present: Will Fiske, Ed Cosgrove, Gerry Post, David Ryan, Vaughn Marecki, and Derek Peterson. Others in attendance included: Hiram Peck, Director of Planning; and other interested parties.

II. APPOINTMENT OF ALTERNATES
Commissioner Pabich appointed Commissioner Cosgrove for Commissioner Pomeroy and Commissioner Marecki for Commissioner Salls.

III. APPROVAL OF MINUTES - December 17, 2012 Regular Meeting
Commissioner Pabich accepted the December 17, 2012 minutes as presented.

IV. DISCUSSION AND POSSIBLE ACTION ON ANY AGENDA ITEM, INCLUDING:
a. Discussion regarding Incentive Housing Opportunity Zone (IHOZ)
Commissioner Pabich asked the other Commissioners to share their thoughts regarding the issue of IHOZ. Commissioner Fiske said he is concerned about the amount of administrative work that might be created and he hopes the Commission does not create an administrative burden/obligation to the Town while trying to do something good. Commissioner Marecki said he thinks they are trying to fit a square peg into a round hole with specific properties, which doesn't seem to make sense. He continued by saying while he does think creating more affordable housing units is a good idea, he does not want to place a burden on any property owner by applying a permanent zoning change. Commissioner Peterson said if Simsbury cannot meet the State's qualifications, it doesn't make sense to make more legislation without getting any benefit. He continued by saying the developer can have the option to create the workforce housing, but why create the legislation. Commissioner Ryan said he thinks there are variables involved that cannot necessarily be anticipated and there might be too much guessing involved. Commissioner Pabich said he thinks creating something is a good idea because they hear so often that there is no affordable housing in Simsbury. Commissioner Post asked about Meadowood and how that plays into the picture. Mr. Peck said each of the units, under the current plan for Meadowood, is a single family house, so it is a different product. Mr. Peck said he is hopeful that an IHZ property would not look like that, but have more density and be closer to a village center. Mr. Peck said at this point, rather than pick out specific properties, they are envisioning an overlay zone that could be applied once a developer/owner comes in and specifically requested it on a case-by-case basis.

Glenn Chalder, AICP, Planimetrics, addressed the Commission saying he has crafted a solution that might fit better for Simsbury than the previously discussed options. He spoke about some of the limitations and loss of control that comes along with the 8-30(g), so the plan he has crafted gives the control to the Commission. Commissioner Pabich commented that the information provided is so complex, and if an ordinance was created, it shouldn’t to be that lengthy. He continued by asking if the Commission is going to go in this direction, is this something that should be developed solely by the Zoning Commission, Town Planner and Consultant. He said he thinks the Commission should gather input from other appropriate sources prior to taking action.

Commissioner Peterson asked how the Town will incentivizing people to come to Simsbury, as the mill rate is so high. Commissioner Cosgrove said he thinks this is an effort to steer the developer and it is another arrow in the Town’s quiver. He continued by saying the Commission doesn’t have to designate certain properties now, but should just wait for the individual developer/owner to ask.

Mr. Chalder said, under the situation he envisions, for anyone to use this regulation, two things need to happen, (1) The Town of Simsbury would get the regulation on the books and (2) the zoning on a property would need to be changed by coming in front of the Commission. He said nothing happens just by having the ordinance, there still needs to be an application from an owner, at which point the Commission can deny the application if they do not see the site as appropriate.  Commissioner Post asked if they are better off working from the PAD rather than creating a whole new ordinance, as he sees a lot of potential burden that comes along with this. Mr. Peck said it was not easy to get the PAD adopted and it has a lot of applicability, but he thinks IHZ is a different animal, so it really makes sense to be an overlay zone. Mr. Peck said he  would hate to undo or mess with the PAD, as it works well the way it is now.  Mr. Peck said he does agree that the administration is definitely an issue that needs to be investigated and addressed. This issue was discussed further. Commissioner Ryan said this has been done in the past and then handed it over to a third party administrator and the rules were not followed. He said they need to try and learn from lessons of the past with regards to the administrator. Mr. Chalder said the Town is not in the chain of title and the administrator’s obligation is to police the transaction.  Mr. Chalder spoke about checks and balances that can be used to ensure the rules are being followed. 

Commissioner Pabich asked about limiting this to rental properties for a first step and Mr. Chalder said it is difficult to make that work. Commissioner Marecki asked about other towns that might have had administrative issues and Mr. Chalder said the communities that did not enforce the rules were those communities that had the regulation forced upon them.  Commissioner Peterson said the last two regulations put in place have been in-line with the Charrette, with a goal to create walkability and density and he is wondering how this could dovetail into Simsbury’s current regulations. He said the previous sites that were under consideration had no congruity with the overall intent. Mr. Peck said the Town Center Code has plenty of density, but not the affordability component. This issue was discussed further.

Mr. Chalder spoke about the benefits to the developer created by the IHZ. Commissioner Cosgrove asked if Simsbury has lost out on jobs in the town due to the lack of affordable housing. The issue of attracting businesses to town with affordable housing was discussed. Mr. Peck spoke of a previous survey conducted of businesses in town which showed the very small percentage of workers that actually live in Simsbury. Commissioner Pabich suggested the developers/owners in the audience, attend the next meeting in order to provide their feedback on this issue.

Commissioner Ryan asked if creating floating zones present an issue and asked about spreading out the market rate units within the affordability. The overall role of Zoning and affordability was discussed by Mr. Peck and Mr. Chalder. Commissioner Pabich asked Mr. Peck about the next steps.  He suggested at the next meeting, they have two additional people come in to answer some questions from the Commission; (1) a developer with IHZ experience and (2) someone who does the administration/management for other Towns. Mr. Peck said he thinks those perspectives will be helpful. Commissioner Pabich said he would also like to invite the Housing Authority and local developers in order to get their feedback as well.

Commissioner Peterson said he wonders how badly Simsbury really wants this new regulation and how important is it for the town to have this. Mr. Peck said he thinks the Town really would like to avoid another Meadowood and this could help. The process of when/where to apply this overlay zone was discussed. Commissioner Post said he doesn't see this being applied to any site off of a bus-line route and wants to make sure it doesn’t end up out in West Simsbury and just used by a developer in order to get the density.  When speaking about public acceptance, Commissioner Ryan said it is really up to the developer in order to get the neighbors to go along with the idea.

Commissioner Pabich spoke about a potential timeline regarding this process. Mr. Peck said he thinks they should bring the previously referenced parties into the next meeting to get further information and then could get the regulation in shape and try to get a public audience in April in order to present the potential regulation. Mr. Ed LaMontagne, Executive Director of the Simsbury Housing Authority, said he would be glad to come back next week. Mr. Chalder said he will come back in February and continue to try and answer questions.

V. OTHER MATTERS AS MAY PROPERLY BE BROUGHT BEFORE THE COMMISSION
There were none.
VI. ADJOURNMENT
Commissioner Cosgrove moved to adjourn the January 7, 2013 Regular Meeting of the Zoning Commission at 7:59PM. The motion was seconded by Commissioner Ryan and passed unanimously.

Respectfully submitted,

____________________________
Edward Pabich, Secretary