Zoning Commission Minutes 05/31/2017 SPECIAL MEETING
Subject to Approval
Simsbury Zoning Commission
TOWN OF SIMSBURY
SPECIAL MEETING MINUTES
Monday, May 31, 2017 at 7:00PM
Simsbury Town Hall – Main Meeting Room
933 Hopmeadow Street, Simsbury, Connecticut
PRESENT: Dave Ryan, Jaqueline Battos, Donna Beinstein, Kevin Gray and Alternate Tom Kyzivat.
ABSENT: Michael Doyle, Gerald Post, and Alternate Vaughan Marecki.
ALSO PRESENT: Director of Planning and Community Development Jamie Rabbitt and Assistant Town Planner Michael Glidden
I. CALL TO ORDER:
Chairman Dave Ryan called the meeting to order at 7:07PM.
II. ROLL CALL:
1. Appointment of Alternates.
Mr. Kyzivat was seated for Mr. Post.
III. OLD BUSINESS:
1. Applications-
A. Application #17-10 of SL Simsbury LLC, Owner, for a Site Plan Approval for development of The Ridge at Talcott Mountain, consisting of an assisted living facility, townhouses, apartments, club house, pool, and office/retail buildings on the property located at 200 Hopmeadow Street (shown as Assessor’s Map F17, Block 154, Lot 009-1, Assessor’s Map F17, Block 154, Lot 009-2, and Assessor’s Map F17, Block 154, Lot 009-3) Zone HS-FBC. (continued from 5/15/2017; decision must be rendered by 06/07/2017).
Attorney TJ Donohue appeared before the Commission on behalf of his client, The Silverman Group. Accompanying Attorney Donohue were Dan Lacz from The Silverman Group, Paul Vitaliano, PE as well as Rod Sawicki, both of VHB, the engineering company for this proposed development. Attorney Donohue noted that he and his client have been provided an advance copy of staff’s draft motion, including the thirty-four conditions. He explained that he and the engineers have reviewed the draft and have no comment on it. Mr. Rabbitt noted that the conditions referenced by Attorney Donohue are contained within a correspondence from himself to Mr. Ryan dated May 31, 2017 regarding this application received by the Commission on April 3, 2017. Mr. Rabbitt reminded the Commission that the development is controlled by the Simsbury-Hartford Form Based Code as well as the Master Site Development Plan. Mr. Rabbitt then reviewed the proposed conditions, providing a brief summary of each.
In response to an inquiry from the Commission, Mr. Rabbitt noted that Simsbury Form Based Code requires certain screening and buffering from Hopmeadow Street. He explained that the applicant has proposed to enter into a private arrangement with an abutting land owner and the developer to provide additional landscaping off site. Attorney Donohue reported that his client has agreed to this additional landscaping with Riverwalk. It was noted that this Commission had been seeking leases on the commercial portions prior to the issuance of Certificate(s) of Occupancy and not just the construction of the buildings. Attorney Mike Zizka, counsel to the Commission, opined that to include such a condition would not be lawfully appropriate.
MOTION: Mr. Gray, Ms. Battos second, to approve, with certain modification and conditions, application #17-10 submitted by SL Simsbury, LLC for mixed-use development per the Hartford-Simsbury Form Based Code. The site plan has been developed with consideration of the approved Master Site Development Plan (MSDP) for the site, which was approved on December 5, 2016 (Application #16-44). The site plan application includes the development of 280 residential housing units (town homes and stacked flats), an assisted living facility, community center (club house) and two commercial buildings (retail/office/restaurant) as detailed on the following site plans prepared by VHB along with associated architecture prepared by Minno/Wasko and CA Senior Living.
Name Sheet Date Last Revision
VHB C-1 3/27/17 5/10/17
VHB C-2 3/27/17 5/10/17
VHB C-3 – C-13 3/27/17 5/10/17
VHB C-14 3/27/17 5/10/17
VHB C-15 – C-25 3/27/17 5/10/17
VHB C-26 – C-36 3/27/17 5/10/17
VHB C-37 - C-39 3/27/17 5/10/17
VHB C-40 – C-45 3/27/17 5/10/17
VHB L-1 3/27/17 5/10/17
VHB L-2 – L-7 3/27/17 5/10/17
VHB L-8 3/27/17 5/10/17
VHB TCP-1 – TCP-5 3/27/17 5/10/17
VHB RP-1 5/3/17
VHB Sv-1 8/18/17
VHB BOR-1 3/27/17 5/10/17
VHB FT-1 3/27/17 5/10/17
VHB 1781841/photometric 3/17/17 3/21/17
VHB Retail Elevations 2/22/17 5/1/17
VHB Multi-Family Elevations 2/22/17
VHB Multi-Family Floor Plans 2/22/17
VHB Townhouse Site Diagram 2/22/17
VHB Townhouse Elevations 2/22/17
VHB Townhouse Floor Plans 2/22/17
VHB Clubhouse Elevations 5/1/17
VHB Entry Monument 2/22/17
VHB A.401 2/28/17 4/17/17
VHB A.402 2/28/17 4/17/17
BKV Exterior Elevations 5/16/17
The required modifications to the application and the conditions of approval are as follows:
GENERAL DEVELOPMENT – MODIFICATIONS/CONDITIONS OF APPROVAL
1. Draft revised site plans incorporating all plan modifications to date, including those required by the terms of this motion, shall be submitted for review by Commission staff prior to filing the recording set with the Town of Simsbury.
2. Full architectural renderings (24"x36" - mylar) shall be filed in addition to the site plans as an integral part of the full set of plans required for issuance of a zoning permit.
3. Erosion and Sediment Control - Surety in the amount of $25,000 (cash and/or an irrevocable letter of credit in a form and with a financial institution or other entity acceptable to the Commission) shall be posted with the Town of Simsbury prior to any grading and/or excavation activity at the site. In addition to the $25,000 surety, $5,000 in cash (bank check) shall be given to the Town of Simsbury and held as an emergency contingency fund for Erosion and Sediment Control features. The type of the final surety must be reviewed by the Zoning Commission’s legal counsel before the Commission acts to accept or deny it.
4. A preconstruction meeting must be held between Commission/Town staff (Director of Planning and Community Development, Engineer, ZEO, Building Official) and the building contractor prior to any construction, grading and/or excavation activity associated with the construction or development of the site. Such meeting shall be scheduled at the mutual convenience of the participants after the draft revised site plans and architectural renderings specified in items no. 1 and 2, above, are filed with Commission staff. In accordance with Section 5.0.G of the Hartford-Simsbury Form Based Code, the Director of Planning and Community Development may accept or require minor changes to and deviations from the draft revised site plans, including but not limited to minor changes in drainage design approved or recommended by the Town Engineer, prior to the commencement of grading or construction activities.
5. Prior to the commencement of any grading and/or construction activities the applicant shall file three sets (signed and sealed) of the approved site plans, as they may be revised per this motion, with the Town of Simsbury Planning Department.
6. Prior to any grading and/or construction activities the applicant shall provide documentation that an Industrial Storm Water Permit has been approved by the Connecticut Department of Energy and Environmental Protection for all relevant activities associated with the development as approved by this motion.
7. Prior to the issuance of a building permit the applicant shall provide written documentation from the Office of the State Traffic Administration (OSTA), Connecticut Department of Transportation, that ingress and egress to and from Connecticut Route 10 (Hopmeadow Street) has been approved/permitted for all of the uses and site improvements, and at the proposed access points, shown on the revised site plans.
8. Prior to the issuance of a building permit the applicant shall provide written documentation that the Town’s Water Pollution Control Authority (WPCA) has approved a connection to the Town’s sewer system for all uses and site improvements shown on the revised site plans.
9. Prior to the issuance of a building permit the applicant shall provide written documentation that a potable public water supply is available for all uses and site improvements shown on the revised site plans.
10. Shop drawings and samples of building materials including colors (markups) shall be submitted to staff and reviewed to determine compliance with Commission approval prior to installation.
11. Prior to the issuance of the certificate of zoning compliance that is required for a certificate of occupancy from the Town’s Building Official, the applicant must submit evidence that it has received a permit to discharge from the appropriate regulatory authority (i.e., Simsbury WPCA).
12. The applicant must submit evidence of potable-water-supply approval from the State of Connecticut Department of Public Utilities, State of Connecticut Department of Health, and/or other authorized agency or official, together with any required and/or appropriate easement agreements for such water supply, prior to the issuance of the certificate of zoning compliance that is required for a certificate of occupancy.
13. The applicant shall begin construction of the two proposed commercial spaces prior to the start of construction of the 196th or subsequent residential units (i.e., before more than 70% of the residential units are under construction or completed). The applicant must complete the proposed commercial shells before certificates of occupancy may be issued for the 252nd or subsequent residential units (i.e., before certificates of occupancy may be issued for more than 90% of the residential units).
14. The applicant shall begin construction of the multi-purpose trail, connecting the north site to the southern site, prior to the start of construction of the 70th or subsequent residential units (i.e., before more than 25% of the residential units are under construction or completed). The applicant shall complete the proposed trail prior to certificates of occupancy may be issued for the 210th or subsequent residential units (i.e., before certificates of occupancy may be issued for more than 75% of the residential units).
15. Before the first certificate of occupancy may be issued for any approved residential or commercial unit, the applicant shall either (a) submit evidence that Old Canal Way may lawfully be used by the public for foot and bicycle passage to and from the Farmington Canal Heritage Trail, as indicated on the site plans approved by this motion, or (b) propose an alternative lawful means of public passage to the Farmington Canal Heritage Trail for review and approval in accordance with the Hartford-Simsbury Form Based Code.
16. Minor field adjustments to grading and landscaping may be made based on field conditions upon written approval from the Director of Planning and Community Development in accordance with Section 5.0.G of the Hartford-Simsbury Form Based Code.
17. Final as-built plans should be submitted to the Director of Planning and Community Development to determine compliance with the approved revised plans. The as-built plans shall include final grades, curbing, landscaping, buildings, signage, utilities (depth, size, location, type) and drainage. The Director of Planning and Community Development may require additional information deemed necessary, either by the Director or by other appropriate Town staff, to determine compliance with all approvals.
SITE PLAN MODIFICATIONS/CONDITIONS OF APPROVAL
18. The proposed entrance sign shall be modified in scale (reduced by 50%) in order to be consistent with the Town’s design guidelines.
19. The proposed northern entrance shall be redesigned/modified to eliminate the proposed concrete rumble strips and incorporate a landscaped island between the dedicated right turn in and right turn out. The island shall be so designed to discourage a left turn out. The proposed multipurpose trail currently proposed to cross the northern right-in, right-out access way shall be relocated to the interior of the site between CT Route 10 and the proposed assisted living facility and away from the State R.O.W. Grading and storm drainage shall be modified to accommodate the change to the relocated multipurpose trail.
20. The applicant shall submit a final, more detailed landscape plan to the Director of Planning and Community Development for review and approval prior to issuance of any building permit(s) for the site. The final landscape plan shall specify final plant selection, location and size. In accordance with Section 5.0.G of the Hartford-Simsbury Form Based Code, the Director of Planning and Community Development may require minor changes to and deviations from the proposed detailed landscape plan.
21. Sheet L1, note #11 (Planting Notes) shall be modified to clarify that 6” of screened loam (½” minus) will be used.
22. Sheet C-2: access to proposed maintenance building shall be modified to be all-weather surfaced.
23. Multiple sheets: the applicant may reduce the width of the proposed road (alley) located behind the proposed townhomes from 24 feet to 20 feet to match the recommended width contained within the Simsbury-Hartford Form Based Code. If such a reduction is made, the applicant shall submit revised plans to the Director of Planning and Community Development for review and approval. In accordance with Section 5.0.G of the Code, the Director of Planning and Community Development may require minor changes to and deviations from the revised site plans following review by the Town Engineer.
24. The applicant shall provide a detail (i.e., wall type, fence type and landscaping) for the proposed dumpster enclosure (non-residential parking field).
25. The applicant shall modify the plans to show the installation of “street print” in the area that is shown as a solid white line on the easterly and westerly portions of the proposed main entrance to clearly define the travel lanes.
26. The applicant shall modify the plans to note that the proposed retaining walls associated with the clubhouse will be designed to match the building’s architecture. A detail shall be added to show a poured concrete retaining wall and stone veneer face.
27. A detail shall be added to the proposed stone wall associated with the proposed assisted living facility. The detail may reflect a dry laid wall and/or a cast-in-place wall with a stone veneer.
28. Final dumpster enclosure designs shall be submitted to the Director of Planning and Community Development for a determination of consistency with MSDP and the approved site plans.
29. The proposed base treatment of the light poles for the site shall be modified to reflect the MSDP. Base treatment shall be modified to include architectural treatment to the base.
30. The proposed playscape area shall be modified to eliminate access from the southern parking field. Final plans for the playscape shall be submitted to the Director of Planning and Community Development for a determination of consistency with MSDP and approved site plan.
31. The final landscape plan for the assisted living facility shall be submitted to the Director of Planning and Community Development for a determination of consistency with MSDP and approved site plan.
32. Final elevations/architecture for the proposed maintenance buildings shall be submitted to the Director of Planning and Community Development for a determination of consistency with MSDP and approved site plan.
33. Final landscaping, pool layout, and accessory structures associated with the club house shall be submitted to the Director of Planning and Community Development for a determination of consistency with MSDP and approved site plan.
34. In accordance with Section 5.0.G of the Hartford-Simsbury Form Based Code, the Director of Planning and Community Development may accept or require minor changes to and deviations from any documents submitted by the applicant under the terms of this motion, or may refer such matters for further action by the Commission if such changes or deviations would not be minor in nature; unanimously approved.
B. Application #17-22 of Ronald Bomengen, Fuss & O’Neil, Inc., Agent: Westminster School, Owner; for a Site Plan Amendment for phasing to the previously approved Application #15-22 on the property located at 995 Hopmeadow Street (Assessor’s Map H07, Block 103, Lot 034). Zone R-40. (received 05/15/2017; decision must be rendered by 07/19/2017).
Peter Anderson of Westminster School appeared before the Commission regarding this application.
MOTION: Mr. Gray, Ms. Battos second, to approve to approve Application 17-22 of Ronald Bomengen of Fuss & O’Neill Inc. agent for Westminster School for a site plan amendment of previously approved 15-22 on the property located at 995 Hopmeadow Street.
The site plan amendment is subject to the following conditions:
1. The Commission authorizes the Zoning Enforcement Officer to issue certificate of occupancies for the residential buildings before the dining hall project is completed.
2. No Certificates of Occupancy for any buildings are to be issued until final as-built drawings for said buildings are submitted and reviewed for consistency with approved plan set.
3. Improvements associated with interior drive north of proposed dining hall facility are to be completed for issuance of dining hall certificate of occupancy; unanimously approved.
IV. ADJOURNMENT:
MOTION: Mr. Gray, Mr. Kyzivat second, to adjourn at 7:30PM; unanimously approved.
Respectfully submitted,
Pamela A. Colombie
Recording Clerk