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PROPOSED ZONING REGULATION COMMENTS

This staff report discusses proposed changes to the zoning regulations in the City of Waterbury, Connecticut. The report covers various topics such as consolidated use categories, new districts, parking requirements, outdoor advertising, and more.

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PROPOSED ZONING REGULATION COMMENTS

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  1. PROPOSED ZONING REGULATION COMMENTS STAFF REPORT • October 27, 2010 CITY OF WATERBURY CITY PLANNING DEPARTMENT 26 KENDRICK AVENUE WATERBURY, CONNECTICUT

  2. LEGAL AD

  3. CITY PLAN COMMISSION REPORT

  4. REGIONAL PLANNING COMMISSION REPORTS

  5. OTHER COMMENTS • MARTIN J. CONNER, AICP • RALPH CORBO • SCOTT MEYERS • THOMAS HARMON

  6. BROAD CONCEPTS • CONSOLIDATED USE CATEGORIES • EVERY USE HAS A WRITTEN DEFINITION • TWO NEW DISTRICTS: CO & IL • SIGNIFICANT CHANGE TO THE CHARACTER OF TWO DISTRICTS: CG & RO • MIXED USES ALLOWED TO A GREATER EXTENT • DIFFERENTIATE BETWEEN A ZONING CERTIFICATE OF COMPLIANCE & A ZONING PERMIT • ZBA ROLE LIMITED TO VARIANCES, APPEALS AND NONCONFORMITIES • SPECIAL EXCEPTIONS BY PLANNING COMMISSION • SPECIAL PERMITS BY ZONING COMMISSION • SHARED PARKING ALLOWED • PARKING REQUIREMENT REVISED PER ITE STUDIES • NO PARKING REQUIREMENT IN CBD • IMPROVED STORMWATER & EROSION SEDIMENTATION CONTROL REGULATIONS • OUTDOOR LIGHTING STANDARDS INCLUDED

  7. ACCESSORY STRUCTURES COMMENT SEC. PAGE 94 9.01.06 Need to add section about standards for accessory Structures. ACCESSORY APARTMENTS COMMENT SEC. PAGE 40 4.08 Delete Accessory Apartments 41 4.08 Delete Accessory Apartments from Single Family Accessory use list 50 4.08 Delete Accessory Apartments

  8. ACTIVE ADULT / ZBA LIMITATION COMMENT SEC. PAGE 134 10.03.03 ii Remove reference to "shall not be varied by the ZBA" ALCOHOL SALES ESTABLISHMENTS COMMENT SEC. PAGE 147 10.09.03 Remove reference to "shall not be varied by the ZBA" 147 10.09.03 ii Would exclude bars form CBD & CN. Won't work anywhere else except big shopping centers. OK for Package Store only, recommend eliminating Eating & Drinking establishments. 148 10.09.03 vi Would exclude bars form CBD. Won't work. OUTDOOR ADVERTISING / BILLBOARDS COMMENT SEC. PAGE 22 2.02.02 71 h Outdoor Advertising definition not reflected in sign section

  9. COMMERCIAL OUTDOOR RECREATION COMMENT SEC. PAGE 44 4.08 add "picnic recreation areas ", "outdoor sports facilities". "Outdoor firing ranges" 'Rod and gun clubs" to "Commercial Outdoor Recreation" COMMERCIAL OUTDOOR RECREATION SPECIAL STANDARDS COMMENT SEC. PAGE 152 10.13 Expand to reflect a broader definition of Commercial Outdoor Recreation. Need standards for outdoor firing ranges. COMMERCIAL VEHICLES IN RESIDENTIAL AREAS COMMENT SEC. PAGE 94 9.01.07 Rewrite to exclude trailers and construction equipment. Also make it clear that the vehicle can not remain on site for more that 30 continuous days.

  10. ALTERNATIVE PARKING COMMENT SEC. PAGE 106 9.03.06 Alternative parking section is confusing. EATING AND DRINKING ESTABLISHMENTS COMMENT SEC. PAGE 43 4.08 add "soup Kitchen" to eating and drinking establishments SOIL EROSION AND STORMWATER CONTROL COMMENT SEC. PAGE 124 9.06.04 add "a soil erosion and sediment control plan be submitted with any application for development when the disturbed area of such development is more than one-half acre“ 124 9.06.04 Mention 2004 Connecticut Stormwater Quality Manual. 126 9.06.06 Reverse order of 9.06.06 and 9.06.07 to keep erosion controls and 9.06.07 regs together

  11. DEVELOPMENT STANDARDS COMMENT PAGE SEC. • 4.09 RM & RH frontage sideyard standards Inconsistent refer to page 63 • 4.09 Add footnote #1 to in RM, RH and RO frontage standard. Text of Note :"Greater of 60 feet or 25 feet per dwelling unit with direct access to the exterior of the structure except as authorized by a special exception." This would have effect of favoring apartment builds over sideways townhouses on lots with limited frontages. • 5.04.03 Replace "frontage with "Greater of 60 feet or 25 feet per dwelling unit with direct access to the exterior of the structure except as authorized by a special exception.“ • 5.04.03 Remove larger side yard for Group living Facilities. • 5.05.03 Replace "frontage with "Greater of 60 feet or 25 feet per dwelling unit with direct access to the exterior of the structure except as authorized by a special exception.“ • 69 5.06.03 Replace "frontage with "Greater of 60 feet or 25 feet per dwelling unit with direct access to the exterior of the structure except as authorized by a special exception."

  12. DEVELOPMENT STANDARDS 2 COMMENT PAGE SEC. • 4.09Establish Maximum Residential Densities for each District which allows dwelling units.

  13. DEVELOPMENT STANDARDS 3 COMMENT PAGE SEC. 78 6.04 Add a provision to require the ground floor to be commercial space and at least 20% of the total GFA to be commercial space in the CG District. 70 6.01 Add a provision to require the ground floor to be commercial space and at least 33% of the total GFA to be commercial space in the CN District.

  14. DEFINITIONS 1 COMMENT PAGE SEC. • 2.02.02 4 Include "Substantial portion of Stock or trade" and "Substantial portion of viewing time" which are existing Adult Establishments Definitions • 2.02.02 Replace family definition with "Family. - Any number of persons related by blood, marriage or adoption living and cooking together as a single housekeeping entity in the same dwelling unit or not more than three (3) persons not related by blood or marriage living and cooking together as a single housekeeping entity in the same dwelling unit, as distinguished from a group occupying a boarding house, rooming house, tourist home, club, fraternity, hotel or motel. “ • 15 2.02.02 Insert definition "Group living entity - Two or more persons sharing a common dwelling unit who are placed in the dwelling unit by any business, governmental agency, nongovernmental agency, club, organization, congregation, entity or individual who does not reside within the dwelling unit or any number of persons occupying group living quarters."

  15. DEFINITIONS 2 COMMENT PAGE SEC. • 2.02.02 Insert definition " Group living quarters - A building, portion of a building or dwelling unit used as a residence by a group of persons who are not a housekeeping entity including boarding houses, rooming houses, lodging houses, group homes, convalescent homes, nursing homes, rest homes, dormitories, fraternity or sorority houses, convents or nurses residences where the average stay is greater than one week.“ • 16 2.02.02 Insert Definition "Housekeeping entity - A person or persons living and cooking together and sharing a common dwelling unit who are not placed in the dwelling unit by any business, governmental agency, nongovernmental agency, school, university, club, organization, congregation, entity or individual who does not reside within the common dwelling unit. A housekeeping entity can include up to two roomers or boarders who are not part of the family provided each roomer or boarder is the sole occupant of a distinct bedroom and an additional onsite parking space is provided for each roomer or boarder."

  16. DEFINITIONS 3 COMMENT PAGE SEC. • 2.02.02 71 n Add "not requiring a building permit" to definition of temporary sign. • 2.02.02 75 Does not mention ZBA Special exception Take out - not needed • 23 2.02.02 76 Take out Special permit definition - not needed EXEMPT USES COMMENT PAGE SEC. 31 4.05 Does not mention city exemption, Also exemption of stat and federal property not clear, think this may have been intended for DPUC and Siting Council authority

  17. GROUP LIVING FACILITIES COMMENT SEC. PAGE 143 10.06 It has been suggested to require a separation distance for group living facilities. Suggest Only one GLF per block face. Need to define "Block face" in Article 2 HALFWAY HOUSES COMMENT SEC. PAGE 42 4.08 Halfway house definition to reflect "mandatory assignment of residents by DOC related to the resident's incarceration" LIGHTING STANDARDS COMMENT SEC. PAGE 114 9.04.05 write out "Illuminating Engineering Society of North America". and Require an Professional Engineers certification that requirement is 9.04.06 satisfied

  18. LIVESTOCK AND POULTRY COMMENT SEC. PAGE 49 4.08 need a definition of Livestock and Poultry" recommend it be added to Article 2 MIXED USE DEVELOPMENT COMMENT SEC. PAGE 144 10.08 Can be used for a large multistructure development and has applicability for large obsolete structures MOTOR VEHICLE FACILITIES COMMENT SEC. PAGE 47 4.08 Add "engine overhaul" to Vehicle Service Facilities. Check conformance with Statute citations

  19. OTHER SPECIAL USES COMMENT SEC. PAGE 174 10.23.01 Suggest reformatting to eliminate this section. Veterinary Services and Crematories would become lines in the use table with the same use structure as a PBR Service, a unique definition and a unique section in Article 10. Junkyards would become an Article 10 subsection entitled "Hazardous Industrial operations" OUTSIDE STORAGE COMMENT SEC. PAGE 94 9.01.06 Need to add section about outside storage in residential districts. Firewood? Building materials? Refuse containers? REASONABLE ACCOMMODATIONS COMMENT SEC. PAGE 201 11.11 Special Exception for "Reasonable Accommodations due to Disability"

  20. PARKING COMMENT SEC. PAGE 99 9.03.03 vi Clarify standard means "street line and parking areas“ 99 9.03.03 ix Add ''without significant modification to preexisting drainage patterns" Refer to subsection 9.06.03 101 9.03.04 Replace parking space graphic 103 9.03.05 Rounding inconsistent with 1.04.01 103 9.03.05 Confirm every use in table has an entry in parking standards. 106 9.03.06 Alternative Parking section complicated and confusing, need to simplfy. PLANNED RESIDENTIAL CONSERVATION DEVELOPMENT COMMENT SEC. PAGE 140 10.05.03 vi 1 minimum PCRD street width should be 24 feet

  21. EXISTING PARKING SPACE STANDARDS

  22. PROPOSED PARKING SPACE STANDARDS

  23. SIMPLIFIED ALTERNATIVE (SHARED) PARKING

  24. SIMPLIFIED ALTERNATIVE (SHARED) PARKING 2

  25. PUBLIC HEARING NOTICE EXEMPTION FOR ZONING COMM. COMMENT SEC. PAGE 194 11.06.02 Replace first sentence with "This section shall not apply to any amendment, supplement, change, modification or repeal of the regulations, restrictions or boundaries established by this regulation initiated by the Zoning Commission. Additional notice of public hearings concerning other actions shall be given in the following manner.“ 194 11.06.03 Replace first sentence with "This section shall not apply to any amendment, supplement, change, modification or repeal of the regulations, restrictions or boundaries established by this regulation initiated by the Zoning Commission nor to any regulation text amendment. Notification by posting on the subject property shall be provided in the following manner for public hearings concerning other actions.“ 205 11.12.11 viii Insert “The Zoning Commission shall hold a public hearing on any proposed change to the Zoning Regulations or Map in accordance with CGS Section 8-7d. The provisions of Sections 11.06.02 and 11.06.03 shall not apply to any amendment, supplement, change, modification or repeal of the regulations, restrictions or boundaries established by this regulation initiated by the Zoning Commission.”

  26. RECREATIONAL USES COMMENT SEC. PAGE 44 4.08 add "bowling alley", "laser tag" and "indoor Firing range: to Recreational uses. Modify definition to reflect these activities are conducted inside a structure. RECREATIONAL VEHICLES COMMENT SEC. PAGE 94 9.01.06 ii add the term "recreational Vehicle" this means campers and rv's can not be stored outside in residential districts TWO, THREE & MULTIFAMILY STRUCTURES COMMENT SEC. PAGE 132 10.02.02 Note EVERY duplex and other structure with attached units requires a special permit. 133 10.02.02 iii 4 should read "except as otherwise approved as part of a Special Exception" this will allow flexibility in large scale multifamily projects.

  27. USES PERMITTED BY SPECIAL EXCEPTION COMMENT SEC. PAGE 33 4.07.03 Mention ZBA special exception for clarity VARIANCES COMMENT SEC. PAGE 201 11.11.07 ii1 1 Section prohibits ZBA from granting Use Variances. Is that desired. USE TABLE COMMENT SEC. PAGE 35 4.08 Higher proportion of uses require Commission review 35 4.08 need to insert references to special use stands in many cases 35 4.08 Many SP & SE uses do not have "unique special use standards" 37 4.08 Industrial Services allows contractors yard & outside storage in IP Districts

  28. SIGNS COMMENT SEC. PAGE 117 9.05.05 i delete provision must comply with building code. It is not necessary and creates confusion about who has enforcement authority. 117 9.05.05 ii this is the billboard regulation, suggest a separate subsection. As it now reads billboards will be allowed as long as the signage limits for the property as a whole meet the standards 119 9.05.05 vii wind load is a building code issue, remove this standard EXCAVATION COMMENT SEC. PAGE 50 4.08 Need to refine definition of “Accessory Earth Excavation” to assure it allows for significant site excavation for site development. (i.e. East Main Street & 164 acre South Main site.)

  29. REFORMAT SELECTED SECTIONS SEC. COMMENT ARTICLE 2 Alphabetize the definitions, do not organize by category, makes it hard to find. ARTICLES 5, 6 & 7 Remove use tables from district sections. Too much chance for inconsistency. Better handled as an explanatory handout ARTICLES 5, 6 & 7 Remove standards tables from district sections. Too much chance for inconsistency. Better handled as an explanatory handout 4.08 Remove numbers from Use Categories and definitions in Use Table MAXIMUM-MINIMUM INTERPRETATION COMMENT SEC. PAGE 3 1.04.01 Confusing suggest deletion 3 1.04.02 Confusing suggest deletion

  30. EXISTING DISTRICT SECTION

  31. RECOMMENDED DISTRICT SECTION

  32. TYPOGRAPHIC ERRORS COMMENT SEC. PAGE 4 1.06.04 ii Refers to incorrect section should be 11.11.07 iii 25 2.02.02 90 Refers to Figure TBD and or Appendix B. Neither exists. b, c & d 133 10.02.02 iv Correct Section reference. Should be 4.09 200 Article 11 Subsection Numbering needs to be corrected for sections 11.10; 11.11; & 11.12 201 11.11.07 ii Incorrect Section Reference Entire Document Re verify all section references

  33. GENERAL MAP CONCEPTS • District boundaries extend to centerline of streets and other boundary features as of June 24, 2010 • Map to be adjusted to reflect property lines, as districts follow property lines in effect as of June 24, 2010 • Five exceptions as shown: Thomaston Ave. split follows Hancock brook; Chase/Perkins & East Main parcels split as shown; South Main Parcel buffer of 150 feet off boundary & Ellen Street buffer of 25 feet off property lines • Long narrow properties such as railroad property along a rail line will be treated in the same manor as boundary features

  34. EAST MAIN ST. THOMASTON AVE. SOUTH MAIN ST. PERKINS ST. & CHASE AVE. ELLEN ST. & LUCILLE ST.

  35. MAP REQUEST 1 CHASE PKWY & WOOSTER ST AS PROPOSED RO – RESIDENTIAL OFFICE DISTRICT REQUESTED CO – COMMERCIAL OFFICE DISTRICT

  36. MAP REQUEST 2 SOUTHMAYD & EAST MAIN ST AS PROPOSED CG – GENERAL COMMERCIAL DISTRICT REQUESTED CA – COMMERCIAL ARTERIAL DISTRICT

  37. COMPARISON OF DISTRICT AREA

  38. SPECIAL EXCEPTION USES (CITY PLAN COMMISSION)

  39. RESIDENTIAL USES BY SPECIAL PERMIT (ZONING COMMISSION) RESIDENTIAL USES BY ZONING PERMIT (STAFF)

  40. COMMERCIAL USES BY SPECIAL PERMIT (ZONING COMMISSION)

  41. COMMERCIAL USES BY ZONING PERMIT (STAFF)

  42. INDUSTRIAL USES BY SPECIAL PERMIT (ZONING COMMISSION) INDUSTRIAL USES BY ZONING PERMIT (STAFF)

  43. ACCESSORY USES BY SPECIAL PERMIT (ZONING COMMISSION) ACCESSORY USES BY ZONING PERMIT (STAFF)

  44. OTHER USES Crematories Add to Table Junk and Salvage Yards Move Standards to Hazardous Industrial Operations Veterinary Services Add to Table Wind Energy Conversion Revaluate need for this as a separate use Systems OTHER APPROVALS ZONING COMMISSION Special Permit for Parking Reduction ZONING BOARD OF APPEALS Special Exception for an Expansion of a Nonconfoming Use Special Exception for a Change of a Nonconfoming Use Special Exception for Reasonable Accommodation

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