Zoning Commission Minutes 04/01/2013 ADOPTED

ZONING COMMISSION - REGULAR MEETING
ADOPTED MINUTES
APRIL 1, 2013

I. CALL TO ORDER
Robert Pomeroy, Chairman, called the regular meeting for the Simsbury Zoning Commission to order at 7:00PM on Monday, April 1, 2013 in the Main Meeting Room of the Simsbury Town Offices. The following members and alternates were present: Ed Pabich, Amy Salls, Ed Cosgrove, Vaughn Marecki, Dave Ryan and Will Fiske. Others in attendance included: Hiram Peck, Director of Planning; and other interested parties.

II. APPOINTMENT OF ALTERNATES
Commissioner Pomeroy appointed Commissioner Marecki as the alternate for Commissioner Post.

III. APPROVAL OF MINUTES of the March 18, 2013 Regular Meeting
The minutes from the March 18, 2013 regular meeting were adopted with a change presented by Commissioner Pabich.

IV. PUBLIC HEARING(s)
Commissioner Pabich read the legal notice for the following public hearing item;

a. A proposed Workforce Housing Overlay Zone regulation draft dated March 5, 2013. Copies of the Draft WHOZ regulation are available in the office of the Town Clerk, at the Land Use Office, and on the Town web site Land Use Department page at www.simsbury-ct.gov .
Commissioner Pomeroy described the process thus far regarding the topic of Workforce Housing. He said he thinks the Zoning Commissioner is moving in the right direction towards making Simsbury a more balanced community.
Mr. Peck said copies of the regulation are available for the public and then he read the following into the record;
The Simsbury Planning Commission, at its regular meeting on 3.26.13, discussed the Draft Workforce Housing Zone Overlay zoning regulation in front of the Zoning Commission at this time and finds the following:
The 2007 Simsbury Plan of Conservation and Development in its Housing chapter:
1. That Simsbury lacks housing diversity as stated on page 117. The WHOZ draft regulation’s stated purpose is:
“to create additional housing opportunities within Simsbury
while promoting the appropriate development of Simsbury’s
historic Town Center and other areas of the community.”
2. That although recent amendments to the Town Center zoning through the adoption of the Town Center Code  and the addition of the Planned Area Development (PAD) regulation, most of the “zoning regulations strictly segregate residential areas from other uses, few of these housing units are within walking distance of commercial areas.” Page 117.
3. Two of the primary changes in the 2007 POCD are:
a. “To enable greater diversity in Simsbury’s housing options since about 85 percent of all housing units in Simsbury are single-family detached units – a percentage that has stayed fairly constant since the 1970s, and
b. To allow mixed use developments that will bring residents closer to – and within – commercial areas.”
4. The Planning Commission has incorporated (page 118) a number of recommendations applicable to this referral including:
a. “Creating mixed use zoning districts that will allow residential uses within our village centers, including Simsbury Center, Tariffville, West Simsbury, West Street and Weatogue;
b. Permitting residential uses to be a primary element in any future development of scale;
c. Emphasizing “market-affordable” housing in new residential developments where the income and sale price restrictions and percentage of affordable units are determined locally rather than by a state or federal program or policy”
5. In addition the 2007 POCD has the following Goal: “Provide for a range of housing choices that meet the needs and preferences of Simsbury’s residents of all ages and economic circumstances.” (page 119).
6. The following Policies are also directly applicable to the this referral:
a. Policy 3. (page 121): “Encourage the availability of a range of housing types and densities.” Even though the densities are potentially higher, any concerns regarding this would be addressed through sewer, water and design options according to the draft regulation.
b. Policy 4. (page 122): “Promote housing programs and development efforts that directly benefit residents who have limited economic means and/or limiting physical conditions, including first time home buyers, low income individuals and families, and elderly and handicapped persons.” Objective B (page 122) details this policy.
c. Policy 5 (page 123): “Encourage diverse housing patterns where public water and sewers are available.”  Objective D details this policy.
7. The Planning Commission finds the above Goals, policies and objectives to be in keeping with the draft WHOZ regulation. However it should be noted that the proposal to increase housing density needs to be integrated with a careful analysis of sewer and water capacities for any given site. In addition certain aspects of design will also play a large role in determining the acceptability of any WHOZ proposal.
Therefore, the Simsbury Planning Commission recommends approval of the WHOZ regulation to the Zoning Commission.
Mr. Peck noted this was passed unanimously by the Planning Commission on March 26, 2013. He then read the following sent by the CRCOG;
The receipt is acknowledged of the above mentioned referral and notice of this proposal was transmitted to the Planning Division of the CRCOG in the provisions of Section 8-3(b) of Connecticut General Statutes as amended. The comment of the staff is this: The staff of the Regional Planning Commission of the CRCOG has reviewed this referral and finds no apparent conflict with regional plans and policies or the concerns of neighboring towns. We commend the the Town for its efforts to promote affordable housing options within the community, strengthen community design and preserve the historic character of the area. Questions concerning this referral should be directed to Lynn Pike DiSanto at CRCOG. 
Mr. Peck then spoke about some correspondence from the public on this matter as well as from Attorney DeCrescenzo, Town Attorney.

Commissioner Pomeroy asked for any questions/comments from the public regarding the Workforce Housing Overlay Zone.

Jim Gallagher, 27 White Oak Lane, addressed the Commission saying he doesn't know why the Commission is looking at this, as he doesn’t see the need for it and then he asked about median income qualifications. 

Commissioner Pomeroy described the objectives of the regulation saying the goal is to create some below-market housing rates and present the opportunity for increased density to developers. Then the income qualifications and the benefits to the town were then discussed. Mr. Gallagher said he personally does not think Simsbury needs the Workforce Housing Overlay Zone.

Commissioner Pabich asked about increasing the publicity on the topic and suggested keeping the Public Hearing open. It was decided that the Public Hearing would be left open and the Commissioners commented that hopefully there will be additional public comments on the April 15, 2013 Zoning Commission meeting. The appropriate publicity was discussed by the Commission members.

The wording related to the issue of area median income within the draft regulation was discussed as result of a question by Nancy Haase, Board of Selectmen. The demographics of potential qualified buyers/renters were then discussed. The management component was then reviewed. Commissioner Pabich reminded everyone of the control the Zoning Commission will have on a project by project basis.

The topic of mortgages on properties like these were discussed. High land prices and other potential issues regarding this topic were described by Andy DiFatta, President, EB Realty. Corp. Glenn Chalder, AICP, Planimetrics, noted Connecticut Housing Finance Authority (CHFA) makes mortgages available on these types of properties for people who are qualified.

V. DISCUSSION AND POSSIBLE ACTION ON ANY AGENDA ITEM, INCLUDING:

a. Application #13-04 of Darcie Roy, National Signs Inc., Agent for Mitchell Auto Group, Owner, for a Site Plan Amendment and Sign Permit to replace the monument sign for the Dodge, Jeep, Chrysler dealership on the property located at 416 Hopmeadow Street (Map F14, Block 143, Lot 003). Zone B-2. (Continued to April 1, 2013)
Mr. Peck let the Commissioners know that Application #13-04 has been withdrawn.
b. Discussion of Simsbury Zoning Regulation Article Seven, Section C.9, Accessory Dwelling Units (and possibly set public hearing date)
Mr. Peck spoke about the two (2) issues, related to Simsbury Zoning Regulation Article Seven, Section C.9, Accessory Dwelling Units, for which staff sees a change needed. The first being the requirement that a property have been in existence for at least five (5) years in order to obtain the special exception for an accessory dwelling. Mr. Peck outlined the potential issues with that requirement. As a solution, Mr. Peck said, staff’s recommendation is to eliminate the five (5) year requirement. Secondly, he continued, he thinks there should be an alteration regarding the current square footage parameters related to this Article. He said staff’s recommendation is to allow for a usable accessory apartment to be limited to two-thirds (2/3) of gross square footage or 1,000 SF, whichever is less.  Mr. Peck said there are other alterations that can be implemented in order to make this Article better, but these two (2) changes are good things to do immediately to alleviate some existing issues. He noted that this change requires a public hearing. The regulation was discussed specifically regarding the sale of a property.

When a concern was raised about a new development coming in with all accessory apartments, it was noted that anyone would still have to get a special exemption anyway. The consensus was the Commissioners agreed with staff recommendations regarding this issue.

Commissioner Pabich made a motion to bring the two (2) proposed changes to Simsbury Zoning Regulation Article Seven, Section C.9 (Accessory Dwelling Units), recommended by Town Staff,  to Public Hearing at the April 15, 2013 Regular Zoning Meeting. The motion was seconded by Commissioner Ryan and passed unanimously.

Commissioner Ryan brought up the topic of special exceptions and time limits placed on them.  He asked to have Town Attorney weigh in on if it is permissible to attach time limitations on these special exceptions. Mr. Peck said that you can condition a special exception/permit as long as it is done up front and he provided an example. The Commission members discussed this topic, using the previous meeting's Stop & Shop special exception as an example. Mr. Peck said he would get the Town Attorney's thoughts on this topic. Mr. Ryan then asked what provision should there be within the Regulations for rescinding these types of special exceptions.

Commissioner Pomeroy announced that the Subcommittee, dealing with the Charter Revision change regarding DRB, has met a couple times and the Commissioners will receive a recommendation prior to the next meeting.

Mr. Peck said he distributed some information regarding accessory dwelling units for review by the Commissioners. He also spoke about the Land Use Seminar he recently attended and distributed some information from that seminar.

ADJOURNMENT
Commissioner Salls moved to adjourn the April 1, 2013 Regular Meeting of the Zoning Commission at 8:05PM. The motion was seconded by Commissioner Ryan and passed unanimously.

Respectfully submitted,

____________________________
Robert Pomeroy, Chairman