Zoning Commission Minutes 06/16/2014 ADOPTED
ZONING COMMISSION - REGULAR MEETING – 7:00 PM
DRAFT MINUTES
JUNE 16, 2014
I. CALL TO ORDER
Commissioner Robert Pomeroy called the regular meeting for the Zoning Commission to order at 7:00 P.M. on Monday, June 16, 2014 in the Program Room of the Simsbury Public Library located at 725 Hopmeadow Street, Simsbury, CT. The following members were present: Ed Cosgrove, Kevin Gray, Derek Peterson and Dave Ryan. Others in attendance included Mary Glassman, First Selectman, Hiram Peck, Director of Planning and other interested parties.
II. APPOINTMENT OF ALTERNATES
Commissioner Cosgrove joined the meeting at 7:05 pm. Commissioner Pomeroy appointed Commissioner Cosgrove for Commissioner Marecki.
III. APPROVAL OF MINUTES
Minutes from June 2, 2014 Regular Meeting were unanimously approved as submitted.
IV. CONSENT ITEMS
Application #14-24 of St. Mary Church, Owner, for a sign permit for a sign for the school and parish center on the property located at 946 Hopmeadow Street (Map H08, Block 227, Lot 002). Zone SC-1.
Mr. Peck stated that the sign was recommended for approval by the Design Review Board.
1. The Commission voted unanimously in favor of Application #14-24 of St. Mary Church, Owner, for a sign permit regarding a sign for the school and parish center on the property located at 946 Hopmeadow Street (Map H08, Block 227, Lot 002), Zone SC-1.
V. PUBLIC HEARING
Application of Simsbury Zoning Commission for proposed revisions to Article Seven, Section C.9, of the Simsbury Zoning Regulations regarding conditions of approval and requirements for Accessory Dwelling Units in the Town of Simsbury. (continued from 6/2/2014) Recommended for approval by the Planning Commission on 6/10/2014, pending clarification of item b. ix (page 2 )by the Town Atty.
Mr. Peck stated the two suggestions provided by Mr. Robert DeCrescenzo, Town Attorney, in a letter dated June 13, 2014. According to the letter, Mr. DeCrescenzo recommended changing the definitions of Occupancy and Continuation of Accessory Dwelling Unit.
Commissioner Gray moved to close the public hearing for Application of Simsbury Zoning Commission for proposed revisions to Article Seven, Section C.9. The motion was seconded by Commissioner Ryan and was unanimously approved.
Application of the Simsbury Zoning Commission for proposed revisions to Simsbury Zoning Regulationsfor the adoption of a Form Based Code, Hartford-Simsbury-form Based Code (HS-FBC), for 173 acres of property located at 200 Hopmeadow Street (Map F-16, Block 153, Lot 9 and Map F-17, Block 154, Lot 9C). Current Zone: Restricted Industrial (I-I).
Mr. Scott Polikov of the Gateway Planning Group provided a brief background of the topic. He said that this project is unique because although it is a public initiative, it is a public/private partnership with the Town of Simsbury and The Hartford. Mr. Polikov stated that The Hartford is a 600,000 sq. ft. Class “A” building built in 1984. He added that the building is well maintained and in excellent shape but expensive to maintain. Mr. Polikov outlined the three main goals of the project:
Selling the building for office reuse if possible;
Redevelopment of 173 acres in preservation context;
Building the strengths of the community and site.
Mr. Polikov said some reuse potential opportunities include a data center, medical offices and aerospace or insurance industries. He also added that the key uses for the site are office, stacked residential and retail.
Mr. Polikov suggested changing the property to a Form Based Code because it focuses on high quality design capacity regardless of uses. This will prevent continuous rezoning and provides more flexibility to attract different markets. .
Ms. Jayashree Narayana, Principal of Livable Plans and Codes and also part of the Gateway Community Planning team described different scenarios of neighborhoods, such as a conservation of land or more pedestrian uses. She explained that there are four different types of application processes:
Type 1: The existing building remains as is, without changes
Type 2: External changes are made to the façade of the building
Type 3: Create a Master Plan for the entire site
Type 4: Unique ideas for the building that do not fit the code
Ms. Narayana said that the Town’s job is to develop a way that different zones can work with one another -- to establish a framework in order for the site to remain consistent if there are multiple developers.
Mr. Peck stated for the record that the framework of this code is excellent for the following reasons:
Provides a variety of tools for any developer;
The new structure of the code will benefit moving the project forward with The Hartford;
A Form Based Code provides a springboard to increase regional economic development that a simple rezoning won’t allow.
Commissioner Pomeroy opened the floor to the public.
Mr. Bill Ethier of 20 Surry Circle stated that he is a member of the Economic Task Force and a lawyer that represents the Connecticut Homebuilders Association. He strongly supports this code and agrees with its benefits because the code provides structure for the community yet enough flexibility for developers. Mr. Ethier is questioning if the mandatory pre-application review process is permissible under the Connecticut State Statute because according to 7-159, the pre-application review process is at the request of developer.
Ms. Mary Glassman of 4 Mountain Road and Selectman for the Town of Simsbury thanked the Zoning Commission and The Hartford for their time and commitment as well as working together with the Town. She also thanked The Hartford for providing the funding for the study conducted by Gateway Planning. Ms. Glassman added her appreciation to all the Boards, Commissions and Mr. Peck for all their hard work to make The Hartford property as marketable as possible yet meet the requirements of the community. Ms. Glassman asked if the Zoning Commission would like the Board of Selectmen to add this topic to their agenda for more input.
Ms. Diane Nash of 5 Merrywood said she compliments the Town of Simsbury and everyone that participated in the project for taking a pro-active approach. She added that Simsbury has so much more than other towns and credits the active role between The Hartford, Board and Town staff. Ms. Nash added that most residents she has spoken to are supportive of the new code and one request was not to make the building too high. She asked if the Form Based Code is singular to The Hartford Campus.
Ms. Kristen Barnett of 15 Oxyoke Drive said that she is on the Economic Development Commission and is concerned if the height of the building exceeds four-stories. She doesn’t want the views blocked and asked if Simsbury has the fire equipment to handle a building that is greater than four stories.
Mr. John McCormick of CB Richard Ellis (CBRE) from New Hartford passed around brochures of how The Hartford is currently being marketed. He added that in the past 25 years he has worked at CBRE, he has never seen a project like this before. Mr. McCormick added that Simsbury is so far ahead than other cities in central Connecticut and he highly recommends the Form Based Code.
Mr. Scott Polikov of Gateway Planning answered a few questions from the Commissioners. He stated that young professionals are looking for four- to five-story residences with some transition areas. The market couldn’t handle 40 acres of commercial property. Mr. Polikov added that no structures will dominate in order to preserve the vistas. To answer Ms. Nash’s question, Mr. Polikov said that the zoning ordinance is specific to this site only.
Mr. Peck added that the regulations provide the opportunity to ensure that no rooftops dominate the ridge line of the mountain.
Mr. Thomas Bartell of 116 N. Saddle Ridge Drive said that it is very important the Commission approves the code so that marketing the property can move forward. He said that it is a very comprehensive and well received plan.
Commissioner Ryan commented that the 60 additional pages added to the previous 160 pages of the Zoning Regulations is speculative information. He doesn’t want to approve zoning regulations until it is needed and it has been a year of hard work and no developer has come forward. Commissioner Ryan added that the Commission has to do their due diligence before moving forward and having a public hearing is not enough. He does not want to vote on adding 60 pages on a speculative basis.
Mr. Polikov responded to Commissioner Ryan’s comments. He said the code should not be passed if there is concern that the Commission doesn’t understand the information. However, in order to become competitive, approval is needed to show that the community is certain to move forward and the Town supports the new code. The property is not competitive unless there is certainty from the Commission. He added that if nothing is done, then developers will say the Town too ambiguous and that will reinforce the wrong image
Mr. Ron Jodis of 16 Highwood is on the Economic Task Force and President of P.S. Engineering. He said that he sees how there can be doubt but, in his experience, it will take years to get off the ground if the code remains ambiguous.
Ms. Kristen Barnett of 15 Oxyoke Drive said that the PAD is a successful zone and shows it is working for the town.
Commissioner Pomeroy thanked everyone for their comments and replied to Ms. Glassman’s question that it is not necessary to add this topic to the agenda for the Board of Selectman’s next meeting.
2. Commissioner Peterson moved to close the public hearing for Application of the Simsbury Zoning Commission for proposed revisions to the Simsbury Zoning Regulations for the adaption of the Form Based Code, Hartford-Simsbury-Form Based Code (HS-FBC). The motion was seconded by Commissioner Pomeroy. Commissioners Gray, Cosgrove and Ryan opposed the motion. Therefore, the application remains open.
Commissioner Pomeroy returned to Application of Simsbury Zoning Commission for proposed revisions to Article Seven, Section C.9, of the Simsbury Zoning Regulations. There was extensive discussion among the Commissioners regarding different scenarios of accessory dwellings and special exceptions.
1. Commissioner Peterson moved to approve with changes from the Town Attorney the Application of Simsbury Zoning Commission for the proposed revisions to Article Seven, Section C.9, of the Simsbury Zoning Regulations regarding conditions of approval and requirements for Accessory Dwelling Units in the Town of Simsbury. (continued from 6/2/2014) Recommend for approval by the Planning Commission on 6/10/2010, pending clarification of item b. ix (page 2) by the Town Atty. The motion was seconded by Commissioner Gray and was unanimously approved.
VII. ADJOURNMENT:
Commissioner Gray made a motion to adjourn the meeting at 8:45 P.M. The motion was seconded by Commissioner Cosgrove and was unanimously approved.
Respectfully Submitted,
Irene Muench, Commissions Clerk