File #219 Apln #1469 16 Maple Ave Zone Change-3

8/10/2019 File #219 Apln #1469 16 Maple Ave Zone Change-3

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The official date of receipt of the application under CGS 8-7d(c) was the date of the last

regularly scheduled meeting of the Commission, September 17, 2014. A public hearingis required for Zone Map Amendment applications. At that meeting a public hearing was

scheduled for the October 15, 2014regular meeting.

Legal notices of public hearing have been to be published as follows:

Legal notices were/ are to be published in the Hartford Courant on Friday October 3rdand Friday October 10th, 2014

Certification of the posting of a Public Hearing Sign (Section 9.9.F) was submitted onOctober 8, 2014 (pending the conclusion of the notification period).

Certification of the required mailings (Section 9.9.G), was submitted on October 8,2014. Copies of the letters sent to abutters have been added to the file on September29, 2014.

The proposed amendment has been filed with the Town Clerk (CGS 8-3) (at least 10days before the hearing) has been confirmed on September 25, 2014.

Per CGS 8-7d(a) the hearing must be closed within 35 days (November 19th, 2014) unless theapplicant grants an extension.

Fee

The application was submitted with the required fee of $610.00.

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 Authoritys staff toevaluated and make appropriate recommendations.

Based on preliminary reviews, and the nature of this application as a legislativeproceeding, staff does not recommend the setting of an Additional Fee.

Exhibits

The list of exhibits on file at the time this memorandum was drafted is included in the appendix.


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Checklist Review

The applicant has submitted a completed Zone Map Amendment Application Checklist.Under item 16.3 of the checklist, additional information would need to be submitted bythe applicant should a protest petition be received.

Completeness

At the time of this memorandum, the application and submission requirements appear tobe generally complete.

Background/ Context

Zoning was adopted by the Town of Canton on June 3, 1957. According to Zoning Maps filedwith the Town Clerk in 1958, 16 Maple Avenue was zoned as R-1 at that time. As stated by theapplicant, the property contained an existing business at that time. Business use of this propertycontinues today.

It should not be lost in the background discussion of this application that the Town has investedin a charrette process to develop design guidelines and form based codes for which 16 MapleAvenue is part of the project study area. The results of the charrette process are presently beingcompiled into a working draft.

Applicable Criteria in Evaluating the Proposed Amendments

Consistency with the Town Plan of Conservation and Development

CGS Section 8-3a provides that:

In any municipality which has a combined planning and zoning commission operatingunder the general statutes or any special act, the commission shall state on the record itsfindings on consistency of a proposed zoning regulation or boundaries or changes thereofwith the plan of development of the municipality. (underlining added for emphasis,statement must be read aloud during the preceding)

The applicant has submitted excerpts of the 2014-2024 Canton Plan of Conservation andDevelopment (POCD) and has highlighted sections relevant for the Commissions consideration.

The following analysis is provided for the Commissions consideration as they form their ownfindings.

The POCD was written with an understanding that growth and change will be inevitable, butsuch growth and change must be guided and shaped to positively reflect the character of thecommunity.

In analyzing the POCD it is important to consider the two prominent themes of the documentwhich are:

o Preserving community character; and

o Building and sustaining the economic vitality of Canton.


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As indicated in the Preface, these themes may pull in different directions but are notincompatible, and if applied successfully, both themes will work together to enhance the overallquality of life in Canton. Therefore the theme of balance is paramount in considering anycompeting interests.

Staffs interpretation of the POCD Update Committees efforts in the architecture of thedocument is to reconcile the chapters, strategies, and implementation measures with thecommunity character principles of the Plan (seeking to achieve balance). This is done to ensuresuch character is not unnecessarily diluted by our own actions or those of others.

POCD References

Specific references from the POCD that may be relative to this proposal, or may touch upon thisarea, has been provided in the appendix.

Summation and Analysis of POCD References

The POCD encourages the Commission to explore the conversion of land that is potentially taxnegative (residential) to land that is potentially tax positive (non-residential). The POCD seeksreinvestment in existing developed sites to maximize development potential and benefit to thecommunity. The POCD further encourages the Commission to identify ways to remove the non-conforming status of several long standing community businesses on sites that have long sincebeen used for business purposes.

The POCD further calls for the Commission to understand the context of the neighborhood inwhich such changes are proposed. It is important that the Commission recognize the diversityand background of what makes a particular neighborhood a distinctive and special place.

The Commission is to investigate how to accomplish conversions of non-conforming businessproperties in a minimally intrusive manner and ensure an appropriate balance is maintained

between the business and neighborhood interests. Such change must be done in a manner thatrecognizes the context of the neighborhood in which the change is proposed.

The subject property is located at and part of a prominent node between two state transportationcorridors (SR 565 and SR 179) with a substantial amount of traffic, near actively usedenvironment and recreational resources with clear business potential and opportunity.

The broader area around this site are currently identified as multiple historical and potentialmixed use areas that include a variety of different densities of housing stock and non-residentialuses including business, municipal, and recreational. As noted, much but not all of theseproperties are protected by the Local Historic District. Many of the nearby properties containsingle family houses regulated by this Historic District. The Residential district is the dominant

zone established in the surrounding local area.

The Commission should be cognizant of the numerous references contained within the POCDencouraging the pursuit of multiple of mixed use zoning designations for Collinsville, much ofwhich is based on historical established mix of uses throughout Collinsville. The POCD suggestthe exploration of mixed use and future zone changes through the adoption of appropriate designstandards intended to protect the character of the area through the possible adoption of VillageDistricts or Form Based Codes (coordinated with the Historic District).


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Removal of use nonconformities may facilitate additional investment in these types of properties,now or in the future, in addition to infill and redevelopment objectives of the POCD. Howeverthe Commission must be comfortable with the range of uses allowed in the sought after zones aswell as present lack of detailed design standards. The POCD places emphasis on the use ofappropriate design standard to appropriately accommodate what otherwise may be considered tobe questionable uses. This area of town is comprised of a distinctive and diverse character as

identified and discussed throughout the POCD.

The reference of this lot in the POCD, as potential Village Center/ Commercial Mixed Use,suggests it is underutilized in its present state. The Commission should consider if a change toBusiness is in the proper direction of the suggested Village Center/ Commercial Mixed Use.

The Commission should consider the following questions prior to issuing a finding ofconsistency with the POCD:

Are the regulations on the books today sufficient for the uses allowed within thesought after zone to occur in a manner that maintains the context sensitivity to thesurrounding built environment and character of the surrounding area?

Would approval of the zone change upset the present proximity and relationshipbetween businesses and residents?

Is there a threat to approving a zone change on this property in advance of thedevelopment of appropriate design parameters/ constraints that are identified as beingkey in establishing various mixed use zones to maintain the appropriate characterdesired for a particular area?

Is the change to Business appropriate at this time and in the proper direction of thesuggested Village Center/ Commercial Mixed Use indicated on the Future Land Use

Plan?

Does approving the zone change result in a situation that will dilute the character ofthe community?

Is the change as proposed appropriate in recognition of the context of theneighborhood in which it is proposed?

A final determination of the consistency of this proposal with the POCD will be made by theCommission during the proceeding.

Connecticut General Statutes (CGS) 8-2

The Commission can consider all of the factors listed in CGS 8-2 when reviewing changes inzoning regulations (inclusive of map amendments). Approval of proposed amendments shouldbe found to be reasonably related to the police powers set forth under CGS 8-2. (Copied to theend of this memorandum for convenience.)


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Comprehensive Plan

Amendments approved by the Commission should also be found to be consistent with thecomprehensive plan. The comprehensive plan is found in the scheme of the zoning regulationsand its zoning map. The purpose of reviewing the comprehensive plan is to ensure that theCommission does not act in a manner which is arbitrary or unreasonable, but promotes

reasonable and logical development. In promoting reasonable and logical development thewishes of individual property owners is not strongly considered. The change must serve thepublic interest in the development of the community.

The property in question is located at the intersection SR 565 and SR 179 which receives aconsiderable amount of through traffic, approximately 12,000 ADTs (average daily vehicletrips) combined. The property is located directly across SR 179 from the Farmington River andFarmington River Rail Trail (recreational, economic, and environmental assets). In closeproximity to the south are the Collinsville Business District, Collinsville Canoe and Kayak andhousing consisting of a variety of densities. To the northwest, a municipal use area consisting ofa park/ Town Water Pollution Control Facility / Public Works Garage/ ball field on the southside of SR 179, and Police Station/ ball field/ Fire Station on the north side of Route 179. To thenorth and east a number of single family homes, in addition to a variety of housing densities anda non-conforming mixed use building consisting of a first floor office and several residentialunits.

While there is quite a bit going on this in this area it cannot be lost that the immediatesurrounding lots are zoned R-1, predominantly for single family uses. Residential zoning ispresently the dominant district established in this area.

While the subject property is presently nonconforming in use and other standards, should thesought after business designation be approved other potential nonconformities such as setbacks,etc. may result. As we know, all nonconformities are created when a regulation is adopted and

either the use and/or lot fail to comply with the regulations. Arguably, the elimination of the usenonconformity is more important to the goals of zoning than avoiding a lot size or setbacknonconformity.

Playing devils advocate, as the zone map amendment is proposed only with respect to this lot,one could argue that changing the zoning designation and creating these new nonconformitiesshows that the change isnt consistent with the overall comprehensive plan of the regulations.In the abstract, that is not likely a strong argument against the legislative ability of theCommission should it determine that a zone should be changed to be consistent with the actualuse of the land.


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Figure 1- Present Zoning and Historic District Overlay Area


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Figure 2 Surrounding Area


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Figure 3 - 2013 ADT's

Permitted Uses/ Special Permit Criteria

Different zoning districts allow different uses of land and buildings. Some uses are determinedto encourage the most appropriate use of land within certain districts and are therefore allowedby Site Plan approval or by Zoning Permit (permitted uses). Other uses are allowed only afterobtaining a Special Permit from the Commission. Special Permit uses are generally acceptablewithin the district, but are subject to standards set forth in the regulations and to conditionsnecessary to protect the public health, safety, convenience and property values (such standardsare known as the Special Permit Criteria, Section 9.2.E). This ensures such Special Permit usesare compatible with and appropriate for the specific sites and surrounding areas in which they areproposed. When an owner seeks to make use of their property with a permitted use, it ispresumed that such use already complies with the Special Permit Criteria as it has beenpreviously found to be appropriate in that district. A copy of the Special Permit Criteria isincluded in the Appendix.

Permitted uses included in the Business District (Section 4.1.B) include typical industrial usessuch as:


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Retail service businesses up to 2,500 square feet (sf);

Personal service businesses up to 2,500 sf;

Massage therapy;

Professional offices;

Banks; Restaurant (Class I and II);

Mercantile industrial (artists, crafts, studios, jewelry, small food itemsand their assemblage up to 2,500 sf;

Motels/ Hotels;

Bed and Breakfast;

Residential unit on the upper floor;

Additional uses allowed in the Business District by Special Permit are listed under Section 4.1.C:

Retail and service businesses over 2,500 sf;

Alcoholic beverage sales;

Veterinary hospital;

Pet training or daycare facility; Tattooing;

Licensed medical marijuana dispensary;

Restaurant Class II and banquet facilities;

Drive-through facilities;

Car wash;

Mercantile industrial greater than 2,500 sf;

Schools/ Places of worship

Theaters

Recreation and amusement facilities;

Storage;

Automotive repair uses/ service stations;

In drafting the existing Business District, and reviewing the areas to which it has beendesignated, the Commission determined that the character of the district and its peculiarsuitability for these particular uses encourages the most appropriate use of land in those areas.

Therefore, prior to approving the Map Amendment, the Commission should find (and theapplicant should demonstrate as part of its presentation) that the uses allowed in the BusinessDistrict encourages the most appropriate use of the land if carried out in the area in which it isproposed. This vetting is especially important for the permitted uses allowed as, onceestablished, they will not be able to be controlled, buffered, modified, or limited through SpecialPermit reviews or subsequent conditions. The Commission has consistently approached prior

proceedings of this nature with the mindset that the approval, once validated, is (for whateverreason) not able to be carried out by the party that received it, but by subsequent heirs,successors, or assigns. These subsequent parties may have different intentions or desires, or maysimply wish to maximum the use of the property based on maximum potential established by theCommission, regardless of the original intent. With this in mind, the Commission shouldtherefore be cautious in the consideration of any motion to approve.


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It should be noted that under the current non-conforming zoning designation, without any zonechange by the Commission, the owner can apply for any of the above uses, and even those notlisted, provided it is found to be less intense and more compatible with the character via specialpermit approval under Section 8.3.B.2. Therefore the Commission should give someconsideration to the intensity of the uses listed above in comparison to the use which hashistorically occupied the site, which is arguably (with no disrespect intended to the owner) not

the most desirable use of a potential business property in Collinsville.

Legal Considerations for Commission Action

The following are legal requirements derived from a reading of CGS, Section 8-3; as summarizedby Zizka in Whats Legally Required 2004, 7thedition, DEP Bulletin # 39, and / orPlanningand Zoning in Connecticut, 4

thEdition, by Thomas P. Byrne, Esq. pp. 185-206:

Statutory Requirements

Amendments to the zoning regulations and map require the filing of the amendmentin the Office of the Town Clerk, and notice of the hearing in a newspaper of general

circulation; If property affected by the change is within 500 feet of a municipal boundary, notice

of a change in the Regulations or zoning boundary must be directed to the regionalplanning agency;

The Commission must state on the record its findings on consistency of a proposedzoning regulation or boundaries or changes thereof with the plan of development ofthe municipality.;

The Commission must approve a change in zoning regulations or boundaries by amajority vote of the full Commission membership (i.e., 4 votes in Canton);

If the Commission receives a protest petition signed by 20% of the owners ofproperty within the zone change, or from the owners of 20% of the area of propertywithin 500 feet of all portions of the property(ies) of the subject zone change, the

Commission must approve the application by 2/3 vote of the full membership of theCommission (i.e., 5 votes in Canton);

Approved amendments must be filed with the Town Clerk, and notice in a newspaperof general circulation required (implied within 15 days).

Relevant Considerations Derived from CT Caselaw

The Commission might find the following summary to be instructive as it deliberates on thisrequest:

A landowner has no vested right in the existing zoning classification of theirproperty. (Byrnes, p. 186)

Zoning needs to be sufficiently flexible to meet the demands of increased population.(Byrnes, p. 188)

Courts will interfere in a zone change decision only if there is a clear abuse ofdiscretion or an unreasonable deprivation of property rights, or if arbitrary, illegal,and unreasonable. The Commission has liberal discretion. The welfare of the public,rather than private gain is a paramount consideration. (Byrnes, p. 188)

The zone change must be for the good of the community as a whole, and not for thebenefit of a particular individual or group. (Byrnes, p. 189)


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The determination as to what constitutes the public interest is within the sounddiscretion of the Commission. (Byrnes, p. 189)

Highest and best use, or higher monetary value, cannot be used as a basis forapproving or denying a zone change. The enrichment of a property owner is not acontrolling purpose of zoning. (Byrnes, p. 191)

The Plan of Development is merely advisory and does not bind the ZoningCommission. (Byrnes, p. 191-2)

There is an implied expectation by property owners that the zoning of property willnot be changed except for the public good. (Byrnes, p. 192)

Ordinarily, a zone classification should not be changed unless some new conditionhas arisen which alters the character of the area, or that there was some mistake orerror in the original zoning. (Byrnes, p. 193)

The question to be answered by the Commission is whether the public interestrequires an amendment? (Byrnes, p. 196)

Reasons for granting a change of zone must be stated on the record, but failure to doso, or poorly articulating the reasons, are not fatal to an action. (Byrnes, p. 197)

Failure to state reasons may interfere with the proper review of the Commissions

actions by the courts upon appeal. (Byrnes, p. 198) Although there is no statutory requirement to state reasons for denial, the failure to

state reasons may also interfere with the proper review of the Commissions actionsby the courts upon appeal. (Byrnes, p. 198)

It is necessary to find a basis for the Commissions actions in the public record.(Byrnes, p. 199)

The reasons for any action must be those of the Commission as a collective body,and not individual reasons that the full Commission does not agree on. (Byrnes, p.200)

In acting on a zone change, the Commission cannot use factors that are beyond theCommissions control. (Byrnes, p. 205)

Based on the above, staff suggests that the Commission consider the following:

1.

The Commissions findings for the record relative to consistency with the POCD,comprehensive plan, and CGS 8-2;

2.

The Commissions actions on the zone change should not result in the unreasonabledeprivation of property rights, or be arbitrary or illegal;

3.

The Commissions actions must be in the public interest, and not based on thebenefit to any one individual or group;

4.

Highest and best use, or higher monetary value, cannot be used as reasons for itsdecision;

5.

What is the new condition that has arisen that substantially alters the character of the

area, or the mistake or error that the Commission may have made, since the propertywas zoned 56 years ago?;6.

Although the Commission must state how an application complies with the POCD,the POCD is advisory and not binding on the Commission;

7.

The Commission must state for the record both the reasons for approval, or fordenial;

8.

The Commission should articulate its reasons clearly;9.

The Commission should collectively agree on reasons; and10.

Reasons must be based on factors that are within its control.


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Conclusion

This property has been, and continues to be a business property. It is at a key location at theintersection of two well-traveled state routes with substantial frontage along both. Itsproximity to the Rail Trail is a draw for economic activity. It has substantial existing parkingfor a Collinsville lot. It is mostly denuded of natural vegetation and has a poor

environmental history. It is unlikely that the actual future use of this property will occur inconformance with present residential zoning. Pure residential zoning is not likelyrepresentative of best use of this property when considering the economic interests of thetown.

However, under the current non-conforming status the existing business use is allowed toremain forever going forward under Connecticut law, codified under Section 8.3.B.1 of theRegulations. This provides protection to nearby residences that would be concerned with,and possibly affected by, changes from the present use.

The Commission should carefully review the intensity of the alternate uses allowed by right/zoning permit within the Business District and be confident that they are appropriate andcompatible in the context of the surrounding neighborhood prior to taking action.

The Commission must carefully determine between changing a zone to be consistent with theactual use of the land, against the status quo, leaving the non-conforming use in place. Indoing so, the Commission must consider the enhancement of the business potential of theproperty against present protections that allow for the scrutiny of future changes in use.

Draft Motion

A draft motion can be provided to the Commission upon request.


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Appendix


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Exhibit List

1. File #219; Apln 1469; 16 Maple Avenue; Assessors Map 34; Parcel 3620016;Zone District R-1; Zone Change from Residential R-1 District to Business BDistrict; Stephen Roberto, applicant; DentFix Express Realty, LLC, owner

List as of October 9, 2014

List of Drawings Submitted September 5, 2014

1. Site Plan; 16 Maple Avenue and River Road; Prepared by Tyree Engineering,P.C.; Dated December 16, 1998 (revised)

Correspondence:

1.

Town of Canton Zone Change Application for File #219; Apln 1469; 16 MapleAvenue; Assessors Map 34; Parcel 3620016; Zone District R-1; Zone Changefrom Residential R-1 District to Business B District; Stephen Roberto, applicant;

DentFix Express Realty, LLC, owner. Date submitted September 5, 2014.2. Property card for 000163. Copy of check #1129

4. Zone Map Amendment Checklist5. Narrative6. Warranty Deed

7. Abutters List Within 100-feet8. Abutters List Within 500-feet

9.

Location Map10.POCD Reasoning11.POCD Community Character Reasoning12.Certification of Filing; Dated September 25, 2014

13.Abutter notification letter received by Town of Canton14.Legal Notice15.Photograph of sign posting, received on October 1, 2014

16.Certification of Notice, October 7, 2014.17.Copies of return receipts submitted on October 7, 201418.E-mail communication from Neil S. Pade regarding public hearing inquiry from

Rose M. Howes, 11 Maple Avenue, October 8, 201419.

E-mail petition from changemail.org submitted by:

a. Save Maple Avenueb. Cindy Moellerc. Katherine Hooker

d. Kathleen Magnae. Stephanie Economuf. Richard Miller


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g. Emily Colemanh. Elise Minichiello

i. Daniel Aunej. Mayan Antonuccik. Cindy Moeller*

l.

Emily Eschnerm. Elise Sirmann. Peter LeDuc

o. Nancy Kutzp. Tyler Fitzpatrickq. Deanna Nappi

r. Karen Ciancis. Kathleen Phelant. Rose Minichiello

u. Mary-Ellen Baerv. James Grant

w.

Diana Hizax. Leesa Lawsony. Kimberly Rexford

z. Susan Rietanoaa.Paula Leddenbb.Peter Hiza

cc.Mark Wilesdd.Etienne Marofskyee.Ronald Todd

ff. Dougless Faygg.Mary Jane Todd

hh.

Prescott Foggii. Hilary Grantjj. Chris Putzelkk.Peter Krenicky

ll. Kevin Jacksonmm. Beth Griffinnn.Teresaq Mongeon

oo.Susan Rotondopp.Arlene DeMarisqq.Robert Cromack

rr. Mary Lou Rotondoss.

William Doyle

20.Email communication from Paula Ledden, re: File #219, Apln#1469, October 9,2014

21.Email communication from Neil Pade to Steve Roberto re: 16 Maple Avenue and

CHDC, October 9, 201422.Email communication from Stephen Veillette to Steve Roberto re: 16 Maple

Avenue and CHDC, October 0, 2014


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23.Memorandum from Neil S. Pade to Planning and Zoning Commission, October10, 2014.


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POCD References

Preface - as noted above

Fundamental Values Economic DevelopmentEconomic growth and development is fundamental to our communitys future and

quality of life. Business development in suitable locations must happen in a mannerthat enhances the character of the community and reinforces strong property values.

Fundamental Values Residential DevelopmentIt is important that we maintain the neighborhoods that make our town a great place tolive, raise our children, and provide a sense of community. We will seek to createnew neighborhoods that enhance our community identity and historic rural characterand respect the environmental landscape.

Residents Care about Character And Community Physical CharacterThings that contribute to the overall physical character of Canton:

Collinsvilleo

Community focal point/ community events

o Quaint/ sense of placeo Attracts people from all over/ meeting place

o Has great mix of people, artists, museums

Chapter 2 Community Character

References to preserve, conserve, and enhance character.

References to relish diversity in neighborhoods, background and businesses.

References to Form-Based Codes and Village Districts as part of preservingcharacter.

In looking at the character of the town, the POCD realizes that there is not

one character specific and unique to Canton, but that the character is differentand changes throughout the community.

o This specific proposal is located within Collinsville, see alsoDistricts, Chapter 11, Page 80-85 for identification of conservation,development, and infrastructure components identified in theCollinsville District that contribute to its character;

Character Resources Map, page 15, identifies the property as being located onan existing scenic road, located within a National Historic District, andbordered on two sides by a Local Historic District.

References in Chapter 2, Implementation Plan:

o CC1 Manage development densities and other patterns ofdevelopment to be consistent with POCD principles;

o

CC15 Encourage a variety of commercial enterprises;o CC21 Promote and encourage uses that further tourism in Canton;

Chapter 3 Natural Resources

Natural Resources Map, page 22, identifies this area as one of highgroundwater availability;


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A portion of this site is located within 100 feet of the Farmington Rivermaking site plan changes within these areas subject to the review of theCanton Inland Wetlands and Watercourses Agency as well as theFarmington River Protection Overlay District;

Chapter 6 - Economic Development

Page 35 - Business Development in suitable locations must happen in amanner that enhances the character of the community and re-enforcestrong property values. The Town understands that local businesses arean important part of our local economy and key members of ourcommunity;

Page 35 Why This is Important to Us;

Page 36 - Increase the business to residential tax base proportion:o ED1 Pursue a long term goal to increase the tax base

proportion from 15% commercial/ 85% residential to 20%commercial/ 80% residential;

o

ED10 Understand that condominium/ apartments/ higherdensity residential uses adjacent to or near commercial land areto be treated as an appropriate transitional use between businessareas and single family neighborhoods. The existing of suchhigher density residential uses should not influence or be used todeny proposed commercial development on such commercialland;

o ED11 Consider modest, minimally intrusive ways to turnpotentially tax-negative land into potentially tax-positiveland:.b. Make existing non-conforming businessconforming; and allowing reasonable, modest expansion of thosebusinesses (underlining added);

o

ED19 Prioritize and designate appropriate areas for anddevelop regulations to allow mixed use in Canton:

Multiple mixed-use zones (e.g. neighborhoodcommercial/ residential; general commercial/residential; professional office/ residential; lightindustry/ commercial; etc.) may be appropriate.

Appropriate design parameters/ constraints would bekey in establishing the various mixed use zones tomaintain the appropriate character desired for aparticular zone.

Page 36-37, this property is clearly identified as a Potential/ HistoricalMixed Use Area, specifically Village Center/ Commercial Mixed

Use. This is defined as generally allows the most intense and widestrange of development.


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o It is not yet clear what the design, layout and appearance of thisarea would be if the Map Amendment was approved. Suchconcerns would be evaluated under separate developmentapplications, and may also be decided, to some extent, under thecurrent Design Regulation/ Form Based Code product beingdeveloped from the Charrette;

o

ED42 Leverage the economic value of the Farmington RiverTrail;

o ED43 Leverage the economic value of the Farmington River;

o ED48 Transition to form-based zoning for Collinsville. Alsoconsider form-based zoning for areas that may be targeted aspriority locations for infill or redevelopment where developmentcharacter is of higher importance than use.

Page 48 Revisit business zoning standards and improve thedevelopment review process.

o ED63 Establish clear standards for the mutual buffering ofbusiness and residential properties to reduce negotiation of this

from the process.

Chapter 7 - Residential Development

Why This is Important to Us

Page 50 References to Preserve and enhance the character of existingresidential neighborhoods.

o Character is an important factor that gives a neighborhood itsidentity as a place. It is the sense one gets when experiencing(viewing, walking in, driving through, living in) an area. It isoften a complex set of perceptions based on the areas location,geographic features, building types, architecture and spacing,landscaping, street layout, and other aspects.

o

Maintaining the distinctive and diverse character of individualneighborhoods in Canton is integral to preserving the overallcharacter of the Town.

o The POCD presumes that neighborhood character was animportant factor when Canton residents chose to live where theydo. That is the reason the POCD considers preserving andenhancing the character of existing residential neighborhoods tobe an important factor when planning the future development ofthe Town.

o Our existing neighborhoods should continue to preserve andenhance the character or our town by:

Providing a safe and pleasant place for residents to live,

Maintaining property values, Preventing deterioration and blight,

Maintaining the tax base, and Providing a sense of community and a source of pride

for residents.o R1 Encourage designs for new buildings within established

neighborhoods that are appropriate and similar to the characterof the surrounding neighborhood.


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o R2 Encourage new development to reflect and enhance eachareas historic and cultural qualities through distinct buildingdesign that is responsive to the existing context of the area, andthat are in keeping with the community character objectives ofthis Plan.

Page 52 Restore the mixed-use element in Canton.

Map opposite Page 52, shows the property as a Possible Mixed UseOpportunity Area.

Chapter 11 Districts

Collinsville, Pages 80 85: Provides a description of location,conservation, development, and infrastructure related observationsregarding this general area of town.

o Collinsville (the village), is a quintessential example of an intactworking New England mill village (or Company Town) withemployment, workforce housing, retail services andtransportation services laid out in close proximity.

o

The business district of Collinsville is a wonderful mix of smallretail shops, quasi-industrial service businesses, restaurantsoffices, arts culture, and residential units. The residentialhousing includes single family houses, two family units, multi-unit residential buildings and residential housing above businessestablishments. Most of the area is very pedestrian friendly. Inmany aspects, Collinsville represents the mixed-use vision thatmany communities are looking to re-create in their own villagecenters.

o Character What makes Collinsville different from most othersimilarly situated places is the proximity and ongoingrelationship between businesses and residents. This is

something that should continue to be cultivated.

Collinsville therefore needs to remain a stable desirable place tolive with recreational, dining and shopping opportunities. Whilewe build this place as an entertainment and retail destination, wealso have to ensure the quiet enjoyment by residents of theirproperties free of unnecessary noise, litter, difficult traffic andother nuisances.

There needs to continue to be services and shopping thatresidents can use.

o

It has been stated that the key to Collinsvilles economic successlies in its past. Future development and improvementsthroughout the district must respect Collinsvilles heritage as amixed use industrial village designed as a company town inwhich employment, laborers, residences, stores and servicesefficiently co-existed within the same neighborhood.


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o In order to preserve and enhance the distinctive character ofCollinsville, the establishment of a properly implemented villagedistrict, form based codes, or specific design standards should beconsidered for this area. Such efforts should coordinate withand work in concert with the existing Collinsville HistoricDistricts.

Chapter 12 - Future Land Use Plan

Map, Page 101 identifies this property as a Potential Mixed UseOpportunity Area.


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Connecticut General Statutes Section 8-2

Sec. 8-2. Regulations. (a) The zoning commission of each city, town or borough isauthorized to regulate, within the limits of such municipality, the height, number ofstories and size of buildings and other structures; the percentage of the area of the lot thatmay be occupied; the size of yards, courts and other open spaces; the density of

population and the location and use of buildings, structures and land for trade, industry,residence or other purposes, including water-dependent uses, as defined in section 22a-93, and the height, size and location of advertising signs and billboards. Such bulkregulations may allow for cluster development, as defined in section 8-18. Such zoningcommission may divide the municipality into districts of such number, shape and area asmay be best suited to carry out the purposes of this chapter; and, within such districts, itmay regulate the erection, construction, reconstruction, alteration or use of buildings orstructures and the use of land. All such regulations shall be uniform for each class orkind of buildings, structures or use of land throughout each district, but the regulations inone district may differ from those in another district, and may provide that certain classesor kinds of buildings, structures or uses of land are permitted only after obtaining aspecial permit or special exception from a zoning commission, planning commission,combined planning and zoning commission or zoning board of appeals, whichevercommission or board the regulations may, notwithstanding any special act to thecontrary, designate, subject to standards set forth in the regulations and to conditionsnecessary to protect the public health, safety, convenience and property values. Suchregulations shall be made in accordance with a comprehensive plan and in adopting suchregulations the commission shall consider the plan of conservation and developmentprepared under section 8-23. Such regulations shall be designed to lessen congestion inthe streets; to secure safety from fire, panic, flood and other dangers; to promote healthand the general welfare; to provide adequate light and air; to prevent the overcrowding ofland; to avoid undue concentration of population and to facilitate the adequate provisionfor transportation, water, sewerage, schools, parks and other public requirements. Such

regulations shall be made with reasonable consideration as to the character of the districtand its peculiar suitability for particular uses and with a view to conserving the value ofbuildings and encouraging the most appropriate use of land throughout suchmunicipality. Such regulations may, to the extent consistent with soil types, terrain,infrastructure capacity and the plan of conservation and development for the community,provide for cluster development, as defined in section 8-18, in residential zones. Suchregulations shall also encourage the development of housing opportunities, includingopportunities for multifamily dwellings, consistent with soil types, terrain andinfrastructure capacity, for all residents of the municipality and the planning region inwhich the municipality is located, as designated by the Secretary of the Office of Policyand Management under section 16a-4a. Such regulations shall also promote housingchoice and economic diversity in housing, including housing for both low and moderate

income households, and shall encourage the development of housing which will meet thehousing needs identified in the housing plan prepared pursuant to section 8-37t and in thehousing component and the other components of the state plan of conservation anddevelopment prepared pursuant to section 16a-26. Zoning regulations shall be made withreasonable consideration for their impact on agriculture. Zoning regulations may bemade with reasonable consideration for the protection of historic factors and shall bemade with reasonable consideration for the protection of existing and potential publicsurface and ground drinking water supplies. On and after July 1, 1985, the regulationsshall provide that proper provision be made for soil erosion and sediment control


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pursuant to section 22a-329. Such regulations may also encourage energy-efficientpatterns of development, the use of solar and other renewable forms of energy, andenergy conservation. The regulations may also provide for incentives for developers whouse passive solar energy techniques, as defined in subsection (b) of section 8-25, inplanning a residential subdivision development. The incentives may include, but not belimited to, cluster development, higher density development and performance standards

for roads, sidewalks and underground facilities in the subdivision. Such regulations mayprovide for a municipal system for the creation of development rights and the permanenttransfer of such development rights, which may include a system for the variance ofdensity limits in connection with any such transfer. Such regulations may also providefor notice requirements in addition to those required by this chapter. Such regulationsmay provide for conditions on operations to collect spring water or well water, asdefined in section 21a-150, including the time, place and manner of such operations. Nosuch regulations shall prohibit the operation of any family day care home or group daycare home in a residential zone. No such regulations shall prohibit the use of receptaclesfor the storage of items designated for recycling in accordance with section 22a-241b orrequire that such receptacles comply with provisions for bulk or lot area, or similarprovisions, except provisions for side yards, rear yards and front yards. No suchregulations shall unreasonably restrict access to or the size of such receptacles forbusinesses, given the nature of the business and the volume of items designated forrecycling in accordance with section 22a-241b, that such business produces in its normalcourse of business, provided nothing in this section shall be construed to prohibit suchregulations from requiring the screening or buffering of such receptacles for aestheticreasons. Such regulations shall not impose conditions and requirements on manufacturedhomes having as their narrowest dimension twenty-two feet or more and built inaccordance with federal manufactured home construction and safety standards or on lotscontaining such manufactured homes which are substantially different from conditionsand requirements imposed on single-family dwellings and lots containing single-familydwellings. Such regulations shall not impose conditions and requirements on

developments to be occupied by manufactured homes having as their narrowestdimension twenty-two feet or more and built in accordance with federal manufacturedhome construction and safety standards which are substantially different from conditionsand requirements imposed on multifamily dwellings, lots containing multifamilydwellings, cluster developments or planned unit developments. Such regulations shallnot prohibit the continuance of any nonconforming use, building or structure existing atthe time of the adoption of such regulations. Such regulations shall not provide for thetermination of any nonconforming use solely as a result of nonuse for a specified periodof time without regard to the intent of the property owner to maintain that use. Any city,town or borough which adopts the provisions of this chapter may, by vote of itslegislative body, exempt municipal property from the regulations prescribed by thezoning commission of such city, town or borough; but unless it is so voted municipal

property shall be subject to such regulations.


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Special Permit Criteria

In considering any application for a Special Permit, the Commission shall, inaddition to other standards in these Regulations, evaluate the merits of theapplication with respect to the following factors:

1. Plan of Conservation and Development Whether the proposed use oractivity is in accordance with or facilitates achievement of one or more of thegoals, objectives, policies, and recommendations of the Plan of Conservation

and Development, as amended;

2. Purposes of Regulations The proposed use or activity is consistent with the

purposes of the Regulations;

3. Environmental Protection and Conservation Appropriate considerationshall be given to the protection, preservation, and/or enrichment of natural,

scenic, historic, and unique and environmental resources and features whichenhance the character of the community;

4. Suitable Location for Use with respect to:a. The size of the lot;b. The nature and intensity of the activities involved in or conducted in

connection with the use;c. The streets giving access to it are such that the use shall be in harmony

with the appropriate and orderly development in the neighborhood in

which it is located; and,d. The impact on neighboring properties and residences or the development

of the district.

5. Appropriate Improvementsa. The design elements shall be attractive and suitable in relation to the site

characteristics, the style of other buildings in the immediate area, and theexisting and probable future character of the neighborhood;

b. The location, nature and height of buildings, walls, and fences, planned

uses and the nature and extent of landscaping on the lot shall not hinder ordiscourage the appropriate development and use of land and buildings inthe neighborhood or impair the value thereof;

c. The proposed use shall have no material adverse impact upon theneighborhood;


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6. Suitable Transportation Conditionsa. The design, location, and specific details of the proposed use or activity

shall not:i. adversely affect safety in the streets;

ii. unreasonably increase traffic congestion in the area;iii. interfere with the pattern of vehicular circulation in such a manner

as to create or increase unsafe traffic conditions.b. Parking area or areas shall:

i. be of adequate size for the particular use;ii. be suitably screened from adjoining residential uses; and

iii. have entrance and exit drives laid out so as to prevent traffichazards and nuisances.

c. Streets and other rights-of-way shall be of such size, condition capacity,

width, grade, alignment and visibility to adequately accommodate theadditional traffic to be generated by the particular proposed use.

7. Adequate Public Utilities and Services

a. The provisions for water supply, sewage disposal, and storm waterdrainage shall:i. conform to accepted engineering practices;

ii. comply with all standards of the appropriate regulatory authority;and

iii. not unduly burden the capacity of such facilities.

b. The proposed use or activity shall:i. provide ready accessibility for fire apparatus and police protection,

and

ii. be laid out and equipped to further the provision of emergencyservices.

8. Nuisance Avoidancea. The use shall be appropriate for the area shall not create a nuisance, and

shall not hinder the public health, safety, convenience, and property

values.

9. Long Term Viability- Adequate provision shall be made for the sustained

maintenance of the proposed development including structures, streets, andother improvements.

Date post:	02-Jun-2018
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File #219 Apln #1469 16 Maple Ave Zone Change-3

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