CANTON CANTON CANTON CANTON PLANNING AND PLANNING AND PLANNING AND PLANNING AND ZONING COMMISSION ZONING COMMISSION ZONING COMMISSION ZONING COMMISSION

4444 Market Street,Market Street,Market Street,Market Street, Collinsville, Connecticut 06022Collinsville, Connecticut 06022Collinsville, Connecticut 06022Collinsville, Connecticut 06022

MEMORANDUM

TO: Planning and Zoning Commission

FROM: Neil S. Pade, AICP

Director of Planning & Community Development

CC: Allan Borghesi, PE – Applicant Representative

PZC File #435, Apln #1459

SUBJECT: 674 and 684 Albany Turnpike – Zoning Map Amendment R2 to I

Application Completion Review

DATE: July 24, 2014

Proposal

The applicant is proposing a Zoning Map Amendment under Section 9.4 of the Zoning Regulations (Zone Map Change Application). In short the following changes are proposed:

1. To amend the designation of 674 and 684 Albany Turnpike on the Official Zoning Map from R-2 (Residential 2) to I (Industrial)

This is an amendment to the Official Zoning Map specific to the properties known as 674 and 684 Albany Turnpike only, and is not a change in regulation text or any other standard. As a map amendment this application is a legislative function of the Planning and Zoning Commission in reviewing the official zoning designation of these properties. It should not be confused with a site plan application which is one that could result in physical changes to the site. A change of the zoning designation on a property changes the local law that governs its use and development potential. If this application is approved, site plan, special permit, and possibly subdivision application(s) would likely follow. General regulations pertaining to the uses, and some of the standards, allowed in each of these districts can be found in the following Sections of Zoning:

1. Residential – Chapter 3, p. 47 – 65, Section 3 2. Industrial – Chapter 4, p. 74-78, Section 4.2

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Timing Requirements of the Connecticut General Statutes (CGS)

The application was submitted on July 23, 2014. The official date of receipt of the application under CGS 8-7d(c) will be the date of the

next regularly scheduled meeting of the Commission, August 20, 2014. A public hearing is required for Zone Map Amendment applications In accordance with CGS 8-7d(a) this application will require two legal notices of public hearing to be published: (1) 10-15 days before the public hearing date; and (2) no less than 2 days after the first notice and not less than 2 days before the hearing (terminal days not included). Per Section 9.9.F a Public Hearing Sign is to be posted on the property by the applicant at least 15 full days before the public hearing, and the applicant shall file an affidavit with the Commission confirming such posting at the conclusion of the notification period. Per Section 9.9.G, and CGS 8-7d(a) the applicant is to notify owners of lots indicated on the property tax map (or on the last-completed grand list) within one hundred (100) feet of the subject lot(s), whether inside or outside of Canton, by a certificate of mailing at least 15 days prior to the hearing. Because this is a site specific map amendment, and the site is located within 500 feet from a municipal boundary, notifications to abutting municipalities are required by the Commission within 7 days of the receipt of the application in accordance with Section 9.9.H and CGS 8-7d(f). Additionally the Commission must also notify the Regional Planning Agency not later than 30 days before the hearing per Section 9.9.I and CGS 8-3(b). Per CGS 8-3 proposed regulations and amendments must be filed with the Town Clerk by the applicant at least 10 days before the hearing. Per CGS 8-7d(a) the hearing must be scheduled within 65 days of receipt (October 24, 2014). Such hearing, once opened, must be closed within 35 days. The Commission will have 65 days from the close of the hearing to deliberate. The applicant may grant an additional 65 days of “extension time” for any portion of time required under this section.

Scheduling the Public Hearing

Based on the statutory requirements detailed above, it is recommended that a public hearing be scheduled for the September 17, 2014 regular meeting of the Planning and Zoning Commission.

Fees

The application was submitted with the required fee of $7,810.

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Per Chapter 348 of the Canton Town Code, Additional Fees may be required by the Commission by making any of the following findings:

(1) the nature and intensity of the project may have a significant impact on the site and its surrounding areas; or

(2) the project is extraordinarily large, complex or otherwise significant project; or

(3) Town staff will not be able to complete a technical review of the application in the time period prescribed by the Connecticut General Statutes; or

(4) The project poses environmental, traffic and/or other issues beyond the expertise of the Permitting Authority’s staff to evaluated and make appropriate recommendations.

Therefore, if a finding consistent with this code can be made, it would be appropriate for the Commission to require additional fees for the Commissions consultant engineer to evaluate and interpret any technical submittals of the application on their behalf. Based on preliminary reviews, and the nature of this application as a legislative proceeding, staff does not recommend the setting of an Additional Fee.

List of Exhibits

At the time this memorandum was drafted the following information was included in the application file:

List of Drawings- Submitted July 23, 2014 1. Zoning Location Survey; Entitled-Parcels To Be Changed From Zone AR-2 to

Zone Light Industrial; Prepared by GM2 Associates, Inc.; Prepared for Satan’s Kingdom, LLC; Dated February, 2014, Revised thru July 22, 2014

Correspondence:

1. Town of Canton Zone Change Application for File 435; Apln 1459; 674 & 684 Albany Turnpike; Assessor Map 21; parcels 1010674 & 1010684; to change 30.386 Acres of the 39 Acre site from AR-2 to I-Zone; Allan Borghesi, agent; Satan’s Kingdom, LLC, owner; Submitted July 23, 2014

2. Assessor’s Property Card for Parcel #1010674 3. Assessor’s Property Card for Parcel #1010684 4. Copy of Check # 108; Dated July 23, 2014 5. Narrative; Dated July 2, 2014 6. Copy of Canton’s Plan of Conservation and Development, Strategic Plan,

Chapter 12 7. Copy of Canton’s Plan of Conservation and Development, Strategic Plan,

Chapter 6 8. Zone Change Checklist responses; Dated July 23, 2014

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Checklist Review

The applicant has submitted information required by Items 1-5, & 16 of the Zone Map Amendment Application Checklist. Under 16.3, additional information would need to be submitted by the applicant should a protest petition be received. The applicant, in the narrative, has demonstrated an understanding of the notice requirements required by Items 6 – 14.

Completeness

At the time of this memorandum, the application and submission requirements appear to be generally complete. Any modifications necessary to the application should occur prior to the issuance of required notices. A more thorough review will be conducted as part of the staff report for the public hearing. In order to ensure a prompt and efficient proceeding it is recommended the applicant submit to the Land Use Office 11 copies of any presentation, technical, or any other additional materials associated with this application, or to be presented at the hearing, a minimum of ten days prior to the hearing to enable staff, the Commission, and public adequate time to review such information.

Technical Edits

The following modifications to the application form and submitted materials are requested by staff: Exhibit #1, Application Form –

• Replace reference to “AR-2” with “R-2” at the following: o Page 1 – Zoning District, o Page 2 – Description of Parcel, E. Zoning District o Page 2 – Zoning Map Amendment Information, A. Existing

Zoning District, o Page 2 – Zoning Map Amendment Information, C. Existing

Zoning District. Drawing #1, Zoning Location Survey –

• Replace reference to “AR-2” with “R-2 (global edit)

• Replace reference to “Light Industrial” with “Industrial” (global) Exhibit #2, Narrative dated July 2, 2014, Item F –

• The reference to “development vision” should be changed from “moderate” to “unaddressed”.

Recommendation:

The following motion is recommended for the Commissions consideration:

Motion: to receive File #435, Apln. #1459 , Zoning Map Amendment from R-2 to I

at 674 & 684 Albany Turnpike, and schedule a public hearing for September 17,

2014;

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Figure 1 - 674, 684 Albany Turnpike, Town of Canton Assessor WebGIS

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Figure 2 - 674, 684 Albany Turnpike, Facing West

Figure 3 - 674, 684 Albany Turnpike, Facing East