Planning and Zoning Commission
July 20, 2020, 6:30 PM
Virtual Meeting |https://mansfieldct.gov/video
Mansfield, CT
Page
AGENDA
The Packet for this meeting is available athttps://mansfield.civicweb.net/document/18590.
CHANGES TO MEETING PROCEDURES DUE TO COVID-19
In accordance with Governor Lamont's Executive Order 7B and social distancing guidelines
recommended by the CDC to slow community spread of COVID-19, this meeting is physically
closed to the public. The public may view the meeting live at https://mansfieldct.gov/video or
on Charter Spectrum Cable Channel 191 (the website is recommended as it is a higher image
clarity). A recording of the meeting will be available at that website as well for 12 months.
Public Comment will be accepted by email at [email protected] or by USPS mail
care of the Mansfield Department of Planning and Development, 4 South Eagleville Road,
Mansfield, CT 06268 and must be received by 3:00 p.m. on the day of the meeting to be
included in an updated meeting packet. Public comment received after this time will be shared
at the next meeting.
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF MINUTES
A. July 6, 2020 Regular Meeting
07-06-2020 PZC Minutes-draft
5 - 7
3. PUBLIC HEARINGS
Written public comment will be accepted by email at
[email protected] or by USPS mail care of the Mansfield
Department of Planning and Development, 4 South Eagleville Road, Mansfield,
CT 06268 prior to the meeting and preferably by 2:00 p.m. on Monday, August
3, 2020. Any comments received after the close of the public hearing will not be
distributed to Commission Members.
Public comment can also be provided during the public comment portion of the
hearing either through a computer, tablet or smartphone at
https://global.gotomeeting.com/join/838942285 or by calling 1 (408) 650-3123 and
using the following access code:838-942-285. If you have not previously used the
GoToMeeting platform, we recommend downloading the app at
https://global.gotomeeting.com/install/838942285 before the meeting.
If you need assistance accessing the GoToMeeting, see quick guide posted under
the Communications section of the agenda or call 860.429.3330 before 3 pm on
the day of the meeting or during the meeting. If you are participating in the
virtual meeting, we respectfully request that you abide by the following meeting
Page 1 of 150
protocols established to facilitate an orderly meeting:
• Please make sure you are in a quiet space to reduce background noise
interference.
• Upon joining the meeting, you will be asked to identify yourself by name
and identify whether you will be speaking in support, opposition, or
requesting additional information regarding the application. After you
have provided that information, those joining via a computer, tablet or
smart phone should turn their camera off and mute their microphone
until called upon by the Chair to provide comment. People who call into
the meeting will be muted by the organizer until called upon by the Chair.
• Once the Chair calls on you, please un-mute your microphone and turn on
your camera and begin your comments by stating your name.
• When you have completed your comments to the Commission and they
have asked any questions they have of you, you will be dismissed from
the virtual meeting room and you will be able to continue to view the
meeting using the live stream instructions above or on Channel 191.
• If anyone is disruptive to the meeting, the Commission reserves the right
to dismiss that individual from the virtual meeting and/or continue the
hearing to another date and time.
A. 6:30 P.M. Application of the Taylor Family Trust (owner/applicant)
to amend the Zoning Map to change the zoning of a portion of
property located on the north side of Storrs Road, between 9
Timber Drive and 1768 Storrs Road (Parcel ID 2.5.22) from Rural
Agriculture Residence 90 (R-90) and Professional Office 1 (PO-1) to
Planned Business 3 (PB-3). (PZC File 1365)
MOVE to adjourn the public hearing on the Zoning Map Amendment application of the Taylor Family Trust, owner/applicant, for property located between 9 Timber Drive and 1768 Storrs Road ( PZC File 1365) to Monday, August 3, 2020 at 6:30 p.m. in the Town Council Chamber or, if COVID-19 social distance restrictions remain in place, a virtual meeting room. If a virtual meeting room is used, instructions on how to access the meeting room will be posted on the meeting agenda.
P1365 Applicant Grant of Extension 07 14 2020
8
4. OLD BUSINESS
A. Application of the Taylor Family Trust (owner/applicant) to amend
the Zoning Map to change the zoning of a portion of property
located on the north side of Storrs Road, between 9 Timber Drive
and 1768 Storrs Road (Parcel ID 2.5.22) from Rural Agriculture
Residence 90 (R-90) and Professional Office 1 (PO-1) to Planned
Business 3 (PB-3). (PZC File 1365)
Table to August 3, 2020 Public Hearing.
5. NEW BUSINESS
Page 2 of 150
A.
Application of Julia Tanaka for a Home Occupation Permit at 328
Woodland Road for WAG Dog Walking and Pet Sitting.
Pursuant to Article 10, Section N.3.e, any uncertainty regarding the issuance or renewal of a home occupation permit shall be resolved by the Planning and Zoning Commission.
The following document was also distributed to the Commission:
• Email re Home Occupation Woodland Road
Addendum-328 Woodland Home Occupation Permit Application
Agenda Item Report-328 Woodland Home Occupation Permit Application
Home Occupations Section from 6-15-2020 Zoning Regs
328 Woodland Statement of Use
328 Woodland-Supplemental Information-7-16-2020
328 Woodland Road Map
9 - 23
6. ZONING REGULATIONS AND DESIGN GUIDELINES
A. Proposed Multi-Family Residential Regulations
Addendum-Proposed Changes to Multi-Family Regulations*
Chase Powell-Haven Campust Communities-07 20 2020 Email*
Agenda Item Report-Proposed Changes to Multi-Family Regulations
07 14 2020 Multi-Family Revised Draft
06 23 2020 Proposed Changes to Existing District Provisions-DMR,ARH, PVRA,
SER-HO, PB-1, PB-3, PB-4, I
07 14 2020 Draft Minutes
06 -23-2020 Adopted Minutes
06-02-2020 Adopted RRC Minutes
05-01-2020 Adopted RRC Minutes
04-17-2020 Adopted RRC Minutes
04-03-2020 Adopted Minutes
2-26-2020 Adopted Special Mtg Minutes
2-21-2020 Adopted Minutes
Family Friendly Housing Overview
UConn PPT Slides for Public Comment-06 23 2020
04 30 2020 Communication from Steve Ferrigno
4 29 2020 Communication from Chase Powell, Haven Campus Communities
2010 04-17 Proposed changes to Article 4 - Dwell comments-no sidebar
4-17-2020 Email Steven Ferrigno
4-16-2020 Email Stephen Moriak-Dwell Design Studio
4-15-2020 Communication from Jane and Robert Moskowitz
4-9-2020 Email from Charles Bryant-Emeryville CA
Emeryville Planning Regulations - Multi-Unit Residential Development
Regulations and Guidelines
24 - 141
7. REPORTS FROM OFFICERS AND COMMITTEES
A. Chairman's Report
Page 3 of 150
B. Regional Planning Commission
C. Regulatory Review Committee
D. Planning and Development Director's Report
Signed AHPG Award letter - Mansfield
142
E. Other Committees
F. Other
8. COMMUNICATIONS AND BILLS
A. Go-To-Meeting Quick Guide for Attendees
The Quick Guide for GoToMeeting Attendees _ GoToMeeting
143 - 146
B. CT Federation of Planning and Zoning Agencies-Quarterly
Newsletter
CT Fed Plan Zone News
147 - 150
9. ADJOURNMENT
Page 4 of 150
Planning and Zoning Commission July 7, 2020
Virtual Meeting https://townhallstreams.com/stream.php?location_id=69&id=26037
Mansfield, CT
Page 1
DRAFT MINUTES
Members Present: S. Accorsi, P. Aho, B. Chandy, L. Cooley, C. Cotton, D. Plante, K. Rawn, V. Ward
Members Absent: R. Hall
Alternates Present: J. DeVivo, K. Fratoni
Staff Present: L. Painter, Director of Planning and Development; J. Kaufman, Senior Planner/Inland Wetlands Agent; J. Woodmansee, Planning Specialist; E. Galbraith, Administrative Assistant
CALL TO ORDER AND ROLL CALL Chair Aho called the regular Planning and Zoning Commission meeting to order at 6:46 pm. Members present are Chandy, Rawn, Accorsi, Plante, Aho, Ward, Cotton, Cooley, Fratoni and DeVivo. Alternate DeVivo is seated for absent member Hall.
Ward MOVED, Cooley seconded, to move items 6A and 6B ahead of the approval of Minutes on the agenda.
Motion PASSED unanimously.
DESEGREGATE CONNECTICUT INITIATIVE The PZC welcomed guest speaker Sarah Bronin to the meeting. Bronin is a lawyer, professor, and architect based in Hartford, Connecticut. She gave a presentation on the Desegregate Connecticut initiative to address the impacts of zoning on segregation and systemic racism. Bronin explained that early zoning, which was first developed about a century ago, was intended to segregate people and was explicit in that way. And although we don’t purposefully use zoning to segregate any longer, some of those effects still linger.
Bronin directed commission members to the website (https://www.desegregatect.org/) for more information on the group’s efforts, as well as a schedule of upcoming virtual meetings open to the public. The base line of the group affirms that land use laws contribute to segregation, and that change is needed.
Some of the problems Desegregate CT has identified are based on income levels, opportunity and fragmentation. Bronin displayed a map showing where people of color live in Connecticut, pointing out that people of color are concentrated in low opportunity areas in terms of education, workforce development and opportunity and transportation opportunity. Fragmentation of land use varies from one jurisdiction to the next regarding lot size, minimum parking requirements and maximum lot coverage. The many variations in land use regulation contribute to segregation in the state by serving as barriers to diversity and affordability of housing in wealthier communities that offer more opportunities to their residents.
Page 5 of 150
Page 2
Complaints heard by Desegregate CT are that there is bias built into the process of decision-making regarding land use applications, for example public hearings and expensive fees. There is also a plea for Commissioners to be trained in fair housing and other areas, and for commissions to more accurately reflect the demographics of the state.
As a result of these flaws, development currently perpetuates segregation by making it too hard and expensive for affordable housing to be built, too difficult to get new services in the suburbs and by concentrating poverty. Strategies to achieve the overarching goal of desegregation in Connecticut have been broken down into sub-goals: housing supply (enable more housing construction), housing diversity (enable more types of housing), process (make decisions fairer and better) and quality of place (produce more equitable communities). Specific recommendations related to statutory zoning reform in the upcoming session will be discussed at a virtual meeting on July 7, 2020 at noon.
At this point, Bronin took questions from Commission members which included inquiries regarding the obstacle of fragmented city water and sewer services and specifics about what makes public hearings problematic. Bronin concluded her time with the commission by asking the group to formally support the movement if they feel so inclined.
The PZC agreed unanimously by consensus to authorize Chair Aho to draft a letter to Mansfield’s State Senator and Representatives in support of adding zoning reform to the upcoming special session on police accountability.
APPROVAL OF MINUTES Chandy MOVED, Ward seconded, to approve the June 15, 2020 regular meeting Minutes as presented.
Motion PASSED unanimously.
ZONING AGENT REPORT Noted.
OLD BUSINESS
Application of the Taylor Family Trust (owner/applicant) to amend the Zoning Map to change the zoning of a portion of property located on the north side of Storrs Road, between 9 Timber Drive and 1768 Storrs Road (Parcel ID 2.5.22) from Rural Agriculture Residence 90 (R-90) and Professional Office 1 (PO-1) to Planned Business 3 (PB-3). (PZC File 1365)
Tabled to July 20, 2020 Public Hearing.
NEW BUSINESS None.
REPORTS FROM OFFICERS AND COMMITTEES
Regulatory Review Committee June 23, 2020 draft meeting Minutes noted.
Page 6 of 150
Page 3
Planning and Development Director’s Report Painter reported that the Planning department has been fielding inquiries regarding unrelated occupancy in response to UConn’s reduction of on-campus housing for the fall semester in light of COVID-19.
COMMUNICATIONS AND BILLS None.
ADJOURNMENT The meeting was adjourned at 7:43 pm.
Respectfully Submitted:
Emmy A. Galbraith Administrative Assistant
Page 7 of 150
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Page 8 of 150
Town of Mansfield Department of Planning and Development
Audrey P. Beck Building 4 South Eagleville Road, Mansfield, CT 06268 860.429.3330 mansfieldct.gov
MEMO
To: Planning and Zoning Commission
From: Linda Painter, AICP, Director
Date: July 20, 2020
Subject: 328 Woodland Road Home Occupation Permit Application of Julia Tanaka for WAG Dog Walking and Pet Sitting
SUPPLEMENTAL INFORMATION This memo is a supplement to my report dated July 16, 2020
CHANGES TO STATE STATUTES The applicant provided information related to Public Act 19-156 on the afternoon of Friday, July 17th that statutes related to kennels had been amended during the 2019 legislative session. Staff was unaware of these recent changes to statutory provisions related to commercial kennels.
Changes to Definitions The definition of commercial kennel was revised as follows: “Commercial kennel" means a [kennel] place maintained for boarding or grooming dogs or cats, and includes, but is not limited to, any veterinary hospital which boards or grooms dogs or cats for nonmedical purposes”.
Commercial Kennel Licensing The amended statute exempts persons that board three or fewer cats or dogs in his or her residence from having to obtain a commercial kennel license.
“KEEPER” VS. KENNEL Ms. Tanaka also called staff’s attention to the definition of Keeper: “Keeper" means any person, other than the owner, harboring or having in his possession any dog. In reviewing the statutes for references to “keeper,” staff found the following:
• Notes following §22-327, Definitions.
o “Kennel” defined. 84 C. 640. One who treats dog as living at his home and undertakes to control his actions is the owner, keeper or harborer. 117 C. 309; 119 C. 650. Both husband and wife within definition of “keeper”. Id. One having temporary custody of dog was not “keeper”. 126 C. 123. Defendants were “keepers” as a matter of law. 138 C. 718. Cited. 139 C. 628; 221 C. 14; 241 C. 319.
o Cited. 7 CA 19; 9 CA 495. Exercising control over the actions of a dog as well as feeding, watering, housing or otherwise caring for a dog can be evidence of “keeper” status. 120 CA 324.
Page 9 of 150
o What constitutes harboring or having in possession. 5 CS 150. Owners of premises where dog was kept considered “keepers” and held liable for damage done by dog. 36 CS 156.
• Use of “Keeper”. The use of the word “keeper” appears 118 times in Chapter 435, Dogs and Other Companion Animals, Kennels and Pet Shops, including various notes and references. The predominant use of the word appears to be in addition to “owner.” For example: “The owner or keeper of a dog or cat shall keep a certificate, or copy thereof, stating that such dog or cat has been vaccinated against rabies and shall make such certificate or copy available to any animal control officer, regional animal control officer or other municipal animal control officer of any municipality for inspection.”
Page 10 of 150
Town of Mansfield Department of Planning and Development
Audrey P. Beck Building 4 South Eagleville Road, Mansfield, CT 06268 860.429.3330 mansfieldct.gov
MEMO
To: Planning and Zoning Commission
From: Linda Painter, AICP, Director
Date: July 16, 2020
Subject: 328 Woodland Road Home Occupation Permit Application of Julia Tanaka for WAG Dog Walking and Pet Sitting
BACKGROUND Pursuant to Article 10, Section N.3.e, any uncertainty regarding the issuance of a home occupation permit shall be resolved by the Planning and Zoning Commission.
OVERVIEW OF PROPOSED ACTIVITIES Julia Tanaka of 328 Woodland Road has requested a home occupation permit for her business, WAG Dog Walking and Pet Sitting. Staff became aware of the business during the last week in June after receiving concerns regarding traffic and parking associated with weekend “Puppy Club” from a neighbor. Ms. Tanaka applied for the home occupation permit after being contacted by staff, and has also modified her operations to mitigate the concerns raised by the neighbor with regard to the weekend Puppy Club. (See email dated 7/16/2020 for more information).
Ms. Tanaka offers the following services:
• Play group (Monday through Friday from 8/9 am to 2/3 pm)
• Puppy club (Saturday and Sunday from 10 am to 12 pm)
• Overnight stays
On average, she has 6 dogs participating in daily play groups and weekend puppy clubs. Ms. Tanaka has indicated that she has a limited clientele of 10 people whose dogs attend play group 1-2 times per week; those are the same clients who use her overnight pet sitting services when they are on vacation. Due to differing schedules, there are nights when she has no overnight pets, others when she has 1 dog, and during popular vacation times, she can have up to 4 dogs spending the night.
Impacts of COVID-19 As residents social distance and stay home more to slow the spread of the COVID-19 virus, Ms. Tanaka had no dog walking or pet sitting (at clients homes) from March to June. While there has been a slight uptick in the number of people seeking pet sitting in recent months, it has not returned to pre-pandemic levels. The virus has also increased demand for play group and puppy club given that this is one of the few opportunities that owners have to socialize their animals while social distancing.
Page 11 of 150
HOME OCCUPATION REGULATIONS Staff has brought this application forward to the Commission due to the unique circumstances and impacts of the COVID-19 virus as well as questions with specific provisions of the regulations.
Permitted and Prohibited Home Occupations The type of “doggie day care” services provided by Ms. Tanaka through the weekday play groups and weekend puppy club are not explicitly addressed in the home occupation regulations. While not specifically listed, the provisions of Article 10, Section N.1 specifically indicate that home occupations may include, but are not limited to, those listed in subsections (a) and (b). Examples of permitted home occupations that are listed include barber shops, beauty salons (one operator), teaching, transient overnight accommodations (no more than 3 bedrooms used for guests), sale of handcrafted items and small retail goods, home baking/limited food preparation, offices, and contractor/tradespeople.
The following uses are specifically prohibited as home occupations pursuant to Article 10, Section N.3.g: restaurants, other eating and drinking places, kennel, animal hospital, automotive repairs, or any other use which in the opinion of the Zoning Agent or Commission would create conditions prohibited in Section N.2.
“Doggie Daycare” For lack of a better term, Ms. Tanaka’s dog play group and puppy club appear to fall into the “doggie daycare” category. In reviewing this application, staff has relied on the interpretation by the Commission that a dog training facility could be considered “commercial recreation” given its similarity to other commercial recreation facilities for people such as physical fitness centers. Based on that decision, it is possible that “doggie day care” could be considered similar to uses specifically permitted as home occupations such as teaching, or other uses permitted in association with a single-family home such as a family day care.
One challenge to this interpretation is the following provision in Article 10, Section N.2.a: “Except for authorized on-site parking or storage, the home occupation shall be conducted wholly within a detached single-family residence dwelling or within a completely enclosed permitted accessory building on the same lot as the detached single-family residence. Home occupations are not permitted within dwellings that contain two or more dwelling units or within buildings accessory to a dwelling containing two or more dwelling units.”
As described in the statement of use provided with her application, the playgroups are held outside in a fenced back yard.
Overnight Boarding As the Town does not define “kennel” in the Zoning Regulations, the meaning of the term is determined by the Commission with reference to the Connecticut General Statutes and Random House Dictionary of the English Language, unabridged definition, respectively.
Section 22-327, C.G.S. contains the following definitions:
(3) “Commercial kennel” means a kennel maintained for boarding or grooming dogs or cats, and includes, but is not limited to, any veterinary hospital which boards or grooms dogs or cats for nonmedical purposes;
(7) “Kennel” means one pack or collection of dogs which are kept under one ownership at a single location and are bred for show, sport or sale.
Page 12 of 150
The Random House Dictionary of the English Language, unabridged definition of kennel is: “1. A house for a dog or dogs 2. An establishment where dogs are bred, raised, trained or boarded 3. The hole or lair of an animal, esp. a fox 4. A wretched abode likened to a doghouse 5. To keep or put in a kennel 6. To take shelter or lodge in a kennel.”
Both the definition of “commercial kennel” per Statute and the definition of kennel from the dictionary include boarding of dogs as a defining characteristic.
NEIGHBOR CONCERNS Staff reached out to the neighbor that had originally expressed concerns regarding parking and traffic to see if the operational changes made by Ms. Tanaka had mitigated those issues. In her response, the neighbor indicated that while weekend traffic issues had abated to some extent, she had additional concerns regarding the noise and time associated with the business and the appropriateness of the business in a residential neighborhood. (7/16/2020 email from Amida Stinson)
REQUESTED ACTION The Commission needs to determine whether the uses as proposed by Ms. Tanaka are permissible as a home occupation based on the information provided and the Home Occupation regulations (attached for reference).
If the Commission determines that either or both of the activities are not permitted as a home occupation, an amendment to the Zoning Regulations would be needed to allow such an activity.
Page 13 of 150
Special Regulations Use Of Rear Lots
1 0 . 5 9
4. Violations. In addition to penalties for violation identified in Chapter 11 of these Regulations and Chapters 134 and 189 of the Mansfield Code of Ordinances, the Certificate of Compliance for an Accessory Dwelling Unit may be revoked for non-compliance with these Regulations or if there are two or more noise and/or nuisance violations associated with the property on which such unit is located within a 12 month period. Special Permit approval shall be required for reinstatement of any Accessory Dwelling Unit permit that has been revoked.
M. USE OF REAR LOTS
1. The provisions of this section are intended to permit the use of an existing rear lot for one single-family dwelling unit in the residential districts. Rear lots created after the adoption of this section shall not be used for residential purposes.
2. No dwelling unit shall be erected on a rear lot unless there is provided for such lot an unobstructed right of access held in the same ownership as the lot, at least 20 feet wide to accommodate fire apparatus or other emergency equipment. If, however, the area of the rear lot shall exceed twice the area requirements of the zone in which the rear lot is located, such right of access shall be at least 50 feet wide.
3. A rear lot shall conform to all requirements prescribed for the zone in which it is located. The minimum lot area shall be computed as the area of the lot exclusive of the area of access.
4. Only the erection of one single-family dwelling and appurtenant accessory buildings or structures shall be permitted on a rear lot, regardless of the size of the lot. No Zoning Permit shall be issued for more than one dwelling on the rear lot until all regulations for subdivision have been complied with.
5. The access area shall be limited for the exclusive use of the one dwelling unit on the rear lot and shall not be used for access to any other land or separate rear lot.
6. The lot line from which the right of access leads shall be considered the front of the rear lot.
N. HOME OCCUPATIONS
1. Permitted Uses
A home occupation may include, but not be limited to, the following uses for the zones indicated:
a. R-20 and R-90 residential zones: Art studios, barber shops, beauty salons limited to one operator, dressmaking, teaching, transient overnight accommodations provided no more than 3 bedrooms are utilized for guests, office of a recognized profession, such as physician, lawyer, engineer, architect, real estate or insurance agent, contractor or tradesman and similar such uses, but specifically excluding the sale of any goods on the premises.
b. All other zones: All the uses permitted in 1.a. above and in addition, the sale of antiques, the sale of handcrafted items produced on the premises, the assembly, repair and sale of small retail goods, home baking and limited food preparation/catering operations, and the limited storage or parking of vehicles, equipment and/or materials associated with a contractor, tradesman or other home occupation use.
2. Requirements
Page 14 of 150
Special Regulations Home Occupations
1 0 . 6 0
a. Except for authorized on-site parking or storage, the home occupation shall be conducted wholly within a detached single-family residence dwelling or within a completely enclosed permitted accessory building on the same lot as the detached single-family residence. Home occupations are not permitted within dwellings that contain two or more dwelling units or within buildings accessory to a dwelling containing two or more dwelling units.
b. Except for authorized on-site parking or storage, the total area devoted to the home occupation shall not exceed thirty-five percent of the livable floor area of the single-family residence dwelling.
c. No more than two persons who are not residents of the detached single-family dwelling shall be employed and working at the site of the home occupation, except as provided in 1.a above, for beauty salons. A home occupation use may involve additional employees, provided these employees do not work or leave their vehicles at the site of the home occupation.
d. There shall be no display or advertising of the home occupation on the lot except for a nameplate not exceeding five (5) square feet in area. The nameplate shall indicate that the business may only be transacted by appointment in letters having a minimum height of 1 ¼ inches. Home occupation signs shall not be internally illuminated and, if lighted externally, the sign shall be lighted only during the hours open for appointments.
e. Except for authorized signage, there shall be no indication of the home occupation or alteration of the residential character of the residence dwelling or the lot.
f. No offensive noise, vibration, smoke, dust, odors, heat, or glare shall be produced; no health or safety hazard shall be created; no interference with radio or television reception in the neighborhood shall be produced.
g. Parking adequate to meet the needs of the proposed home occupation shall be provided
h. All home occupations involving food preparation, such as bed and breakfast, home bakery or catering operations, shall demonstrate that:
1. Onsite sanitary systems (well/septic), are adequately sized and in suitable condition to serve the proposed use;
2. All other applicable health code requirements are met;
3. All applicable fire and building code requirements are met;
4. All refuse generated shall be covered, screened from public view and promptly removed from site;
5. All other requirements applying to home occupations
i. All home occupations involving on-site storage or parking of vehicles, equipment and/or materials shall demonstrate through application submissions that the following requirements shall be met:
1. All on-site vehicle, equipment and/or material storage areas shall meet applicable setback provisions of Article VIII for the zone classification of the subject site.
2. All vehicles, equipment and/or materials stored on site shall not be visible from adjacent properties. Where fencing and/or evergreen plantings are proposed, details of the subject fencing and/or evergreen screening (including size and type of proposed plantings) shall be provided. Tractor-trailer bodies, truck bodies, with or without a chassis, shipping or storage containers, boxcars or similar objects are prohibited for on-site storage purposes.
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Special Regulations Home Occupations
1 0 . 6 1
3. All on-site vehicle, equipment and/or material storage areas shall be limited in size and clearly accessory to the primary residential use of the site. A listing of all vehicles, equipment and materials to be stored on site (including size, height and type) shall be provided and updated where appropriate. Depending on site and neighborhood characteristics, the Zoning Agent shall have the authority to specifically restrict the area approved for on-site storage and/or the size, height and type of vehicle, equipment or material storage.
4. All vehicle and equipment use shall not begin before the hour of 7am Monday-Saturday or before the hour of 9am on Sundays and holidays. No vehicle and equipment use shall take place after 9pm.
5. All outside vehicle, equipment and/or material storage areas shall comply with applicable Inland Wetland Regulation and approval requirements.
3. Permit
a. A Home Occupation Permit, issued by the Zoning Agent, shall be valid for a period ending January 1 of the next year ending in a zero or five and may, upon application by the holder of such permit, be renewed for additional periods of five years each, provided the requirements and intent of this Section are continually met. Such permit shall not be transferable.
b. All applications for a home occupation shall include:
1. A completed application form for a Home Occupation Permit;
2. A detailed statement of use fully describing the use or uses to which the subject building, accessory structures or site shall be devoted. Said statement of use shall fully address the approval criteria of Article X, Section N.2 (above) and provide adequate information to determine that the proposed home occupation complies with applicable zoning definitions, permitted use provisions, performance standards and other applicable zoning regulations;
3. A plot plan depicting property lines, house, accessory structures, driveway, parking areas, on site storage areas and any other information deemed necessary by the Zoning Agent to determine compliance with applicable zoning regulations;
4. Any other information deemed necessary by the Zoning Agent to determine compliance with all applicable zoning regulations.
c. No Home Occupation Permit shall be issued until the Health Officer, Fire Marshal, Building Official and Inland Wetland Agent have signed the subject permit application to indicate that all applicable Health Code, Fire Code and Building Code requirements have been satisfactorily addressed in the subject home occupation proposal.
d. A Home Occupation Permit shall not be renewed and an outstanding Permit may be revoked if, in the opinion of the Zoning Agent and the Commission:
1. The use has clearly altered the residential character of the premises and neighborhood through the generation of traffic or noise substantially in excess of that normally generated by a residential dwelling unit;
2. Changes in the lot or the occupied building have been made altering the residential character of same, or
3. Other conditions prohibited in subsection N.2 above have been created.
e. Any uncertainty regarding the issuance or renewal of a Home Occupation Permit shall be resolved by the Mansfield Planning and Zoning Commission.
Page 16 of 150
Special Regulations Churches And Other Places Of Worship
1 0 . 6 2
f. The granting of a permit for a home occupation shall not constitute the establishment of a legal non-conforming use.
g. Prohibited Uses - A home occupation shall not be construed to include restaurants, or other eating and drinking places, kennel, animal hospital, automotive repairs, small engine repair, or any other use which in the opinion of the Zoning Agent or the Commission would create conditions prohibited in Section N.2 above.
O. CHURCHES AND OTHER PLACES OF WORSHIP
As provided for in Article VII, churches and other places of worship may be permitted provided the provisions of Article V, Section B are complied with and the following specific criteria are met:
1. The subject site shall be located on or within 300 feet of an arterial or collector street as defined in these Regulations.
2. The subject site shall be a minimum of 3 acres.
3. No off-street parking shall be allowed within 50 feet of any property line and all parking areas shall be permanently screened and buffered from the neighboring properties by walls, fences, plantings or other devices that may be specified by the Commission. This 50-foot setback requirement may be reduced by the Commission if an alternate design utilizes the site's topography and vegetative character to reduce visual and auditory impacts on neighboring properties.
4. With the exception of storage sheds that comply with the provisions of Article VIII, Section B.1.d, all buildings and structures shall be located 100 feet from all property lines. This 100-foot setback requirement may be reduced by the Commission if an alternative design utilizes the site's topography and vegetative character to reduce visual and auditory impacts on neighboring properties.
5. Accessory buildings and uses not specifically authorized by a special permit approval shall not be constructed or initiated until Planning and Zoning Commission approval is granted. Depending on the nature of the proposed accessory building or use, special permit approval may be required by the Commission.
P. SPECIAL REQUIREMENTS FOR DEVELOPMENT ON NON-CONFORMING LOTS OF RECORD WITHOUT FRONTAGE ON AN EXISTING STREET
As provided for in Art. IX, Sec. B, the Commission may authorize, through the issuance of a special permit, development on non-conforming lots of record, or non-conforming lots existing by virtue of separation from adjacent lots by physical acts acceptable to the Commission pursuant to Article IX, Section B.2, as of April 28, 1959, without frontage on an existing street, provided the provisions of Art. V, Sec. B are complied with and the following specific criteria are met:
1. This section is not applicable to lots created after April 28, 1959;
2. The applicant demonstrates through the special permit submissions that a right of access exists from an existing street. Where possible, an easement establishing concise maintenance and liability agreements regarding the use of the private access drive shall be submitted with the application and, if the application is approved, the easement shall be recorded for each affected lot. All applicants shall demonstrate in application submissions that a concerted attempt was made to obtain easement rights;
Page 17 of 150
PLANNING MANAGEMENT Planning Management (Z-20-
0103)
Fee Charges (3)
Contacts (2)
Properties (1)
Documents (1)
Images (1)
PROJECT Case Name: PROPERTY INFORMATION Properties: Primary: 328 WOODLAND RD STORRS, CT 06268
(11.48.14) (11.48.14)
INFORMATION Approval #: Status: Created Case #: Z-20-0103 Application Date:07/06/2020 Case Type: Zoning Issued Date: Subcases: Home Occupation Expiration Date:
Online Authentication Code: Description Of Work:
Getting back to you with the information you requested.
Services that I will provide at my home for dogs are Playgroups and Overnight care. These services create a sense of peace of mind for pet parents while they are at work for the day or on vacation. They can know their dog is being well cared for, while working on socialization skills.
The playgroups will be held outside in the fenced in backyard. When dogs are inside to rest or to stay overnight they are in an extra bedroom that I have set up as a dog room. It has crates, water and food, etc. This room is approximately a 10x12 foot room.
Number of employees is zero. I do have a volunteer that is here on the weekends from around 10am-12pm. Parking will be depicted on the map attached.As for parking for drop offs and pick ups, this area will also be depicted on the map provided. My driveway can fit 4-5 vehicles depending on size, I will allow no more than that many drop offs at a time.
I also called the Health Department and they let me know that no public health review was needed.
Case Type: ZoningSubcases: Home OccupationStart Date: 07/06/2020Status: CreatedIssued Date:
Item: Admin FeeAmount: $2.00Fee Assessed By: JilleneWoodmanseeItem: Initial FeeAmount: $75.00Fee Assessed By: JilleneWoodmanseeItem: Land Use FeeAmount: $58.00Fee Assessed By: JilleneWoodmansee
Total Amount: $135.00Amount Paid: $135.00Amount Due: $0.00
Property Owner
Applicant
TANAKA JOHN E328 WOODLAND RD STORRS, CT06268EDIT
Julia Tanaka ( WAG Dog Walking &Petsitting LLC )328 woodland road Storrs Mansfield,CT 06268EDIT
[11.48.14]328 WOODLAND RD STORRS, CT06268
Acreage 3.3
Block 48
HistoricDistrict?
No
HistoricVillage
N/A
Map 11
NaturalDiversityDatabase(NDDB)
No
Parcel ID 11.48.14
PublicWaterSupplyWatershed
Yes
ScenicRoad?
No
SubregionalDrainageBasin
Fenton River
USGSQuadrangle
Spring Hill
Within 150’of a wetlandorwatercourse?
Yes
ZoningClassification
RAR-90
No Descriptionuploaded on 07/16/2020
print_page_07-16-2020_5f109583b7a2b-0.pdf
View
Page 18 of 150
Tagged Cases (0)
Activities (14)
Add Tag
ADDITIONAL INFORMATION
PARCEL DATA
No NoN/A PrivatePrivate 3.3RAR-90 Yes
PROJECT CRITERIA
Scenic Road?: Historic District:Historic Village: Water Supply:Septic: Acreage:ZoningClassification:
Within 150’ of awetland orwatercourse?:
Permit Conditions: Est. Cost ofConstruction:
PZC File#: ZBA File#:IWA File#: Amount of
Earthwork (cubicyards):
Does your projectrequire a Right-of-Way (ROW) permit?:Held For:
No Descriptionuploaded on07/09/2020
328 Wormwood HillRd Home Occ Site Plan 07-2020.jpg
There are no Tagged Cases at thistime.
Plan Review Completed.derekd1 has completed Public Worksreview for review step Plan Review.09:47:03 AM / Thu, Jul 9th, 2020Derek DilajPlan Review Started.derekd1 has started Public Worksreview for review step Plan Review09:46:56 AM / Thu, Jul 9th, 2020Derek DilajPlan Review Completed.jenniferk has completed InlandWetlands review for review stepPlan Review.09:27:03 AM / Thu, Jul 9th, 2020Jennifer KaufmanPlan Review Started.jenniferk has started InlandWetlands review for review stepPlan Review09:26:35 AM / Thu, Jul 9th, 2020Jennifer KaufmanPlan Review Completed.adaml has completed Fire Marshalreview for review step Plan Review.09:04:23 AM / Thu, Jul 9th, 2020Adam Libros
Show all 14 Activities
Page 19 of 150
1
Linda M. Painter
From: Jillene B. WoodmanseeSent: Thursday, July 16, 2020 9:08 AMTo: Linda M. Painter; Jennifer S. KaufmanSubject: FW: Home Occupation PermitAttachments: image002.jpg
Here is the additional information we asked for. From: Julia Tanaka <[email protected]> Sent: Wednesday, July 15, 2020 6:02 PM To: Jillene B. Woodmansee <[email protected]> Subject: Re: Home Occupation Permit
Hi Jillene, Sending along a response to today's email inquiry. In response to frequency, timing and size of groups for play group and overnight stays: I have a limited clientele of about 10 people who's dogs come to play group one or two times a week, and these are also the same people whose dogs will stay overnight if they are on vacation. Not all of these clients dogs are here on the same given day. Play group is offered Monday through Friday from around 8/9am to around 2/3pm. There is an average attendance of six dogs per day. Puppy Club is offered on Saturday and Sunday from 10am to 12pm there is also an average of six dogs per day. Overnight stays are available any time, but vary much more since not everyone vacations at the same time. I days with no overnight stays quite often, or I could have just one dog staying, or an average of four dogs on a busy time of year. These dogs could be here for as short as one night, or sometimes one week. However with no one really vacationing now due to covid I haven't had any. Regarding traffic and parking: I ask that people drop off at specific staggered times, to have only one extra car in the driveway. They are asked to park in the driveway. To lessen the traffic with the shorter timed puppy club I pick up dogs from their homes and transport them back to my home safely. They are crated, or secured to buckles safely in my car. Regarding Employees: Zero Regarding business model being changed due to the pandemic: Puppy Club on the weekends was created because there has been no way for people to socialize new puppies in these conditions. It's important for puppies to learn how to coexist with other dogs and new humans, it helps them to be a more stable dog once they are grown. I feel that this has been a good choice for the community as a whole so that we could avoid having a while generation of unsociable dogs once this pandemic is over. My hope would be to continue with puppy club once life goes back to "normal" since I feel it would be great for the community.
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2
The pandemic has also caused things to be much slower on my main source of business which is dog walking and pet sitting (in the pets homes). I have had no dog walking or pet sitting since mid March. Although I did see a slight increase in pet sitting requests for June and July because a few families have felt comfortable to vacation or travel. Due to having so much less work some clients have asked that their dogs come to an extra day of play group during the week to help with my loss of income. They plan to drop back to once a week when the pandemic is over. I also want to point out the reasons why I differ from a commercial kennel. My in home services are not offered to the general public. Meaning they are not advertised to the public. I only offer these services to dogs and people I know well and that I feel comfortable with having them at my home. My clients have compared it to sending their child to a friend's for babysitting. And also the limited number of clientele that use my in home services. I would like to offer that my clients are more than happy to contribute a letter if you feel it would be necessary or help in any way. Please let me know if there is anything else you need from me. On Wed, Jul 15, 2020, 3:00 PM Jillene B. Woodmansee <[email protected]> wrote:
Hi Julie: Staff has reviewed your application for the home occupation permit. We need just a few more things from you:
Frequency, timing, and size (number of dogs) for puppy play group
Frequency, timing and size (number of dogs) for overnight stays
Specifics on how traffic and parking associated with the drop-offs would be handled (Please explain how you will be picking up most dogs)
Whether she has any employees – 0
How your business model has changed due to the pandemic and whether you wwill return to your original business model after the pandemic is over, or if you would continue on with the way in which you is currently operating.
We are planning to have the Planning and Zoning Commission review your application at their meeting on Monday, July 20th at 6:30pm. The reason for this is because “kennels” are specifically not allowed in residential neighborhoods. We will be asking them for an interpretation regarding your business qualifying as a kennel.
Page 21 of 150
3
Please get us this information by noon tomorrow. We will need time to write a Staff Report to the Commission explaining the situation.
Please plan to participate in the virtual meeting on Monday, 7/20 at 6:30pm. I will send you all of the information as soon as it is published. The Commission may have some questions for you.
Jillene Woodmansee
Planner I
860.429.3341
mansfieldct.gov
The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.
Julia Tanaka WAG Dog Walking & Pet sitting LLC 328 Woodland Road Storrs, CT 06268 860-861-5329
Page 22 of 150
7/16/2020
1/1
Town of Mansfield, ConnecticutMainStreetGIS, LLCwww.mainstreetgis.com
Selected Parcel: 328 WOODLAND RD ID: 11.48.14Printed 7/16/2020 from http://w w w.mainstreetmaps.com/ct/mansfield/internal.asp
This map is for informational purposes only. It is not for appraisal of, description of, or conveyance of land. The Town of Mansfield, Connecticut and MainStreetGIS, LLC assume no legal responsibility for the information contained herein.
50 m100 ft
328 Woodland Road
Page 23 of 150
Town of Mansfield Department of Planning and Development
Audrey P. Beck Building 4 South Eagleville Road, Mansfield, CT 06268 860.429.3330 mansfieldct.gov
MEMO
To: Planning and Zoning Commission
From: Linda Painter, AICP, Director
Date: July 20, 2020
Subject: Addendum-Proposed Multi-Family Residential Regulations
At last week’s Regulatory Review Committee (RRC) meeting, members discussed the distinction between design standards and design guidelines as well as the possibility of authorizing multi-family residential uses in the PB zones (PB-1 through PB-4) and the Institutional Zone through site plan review instead of the special permit process. Members of the public expressed concern with how long it would take to revise the most recent draft regulations to accommodate a change in review process from special permit to site plan review. Representatives of two developers noted the burdens that additional delay would place on moving their projects forward as they are currently in a holding pattern waiting for the regulations to be finalized so that they can move forward with design. RRC members asked staff to provide an estimate of how much time/work would be involved with such a revision.
Due to the potential scope of the revisions, staff discussed the issue with CHA, the Town’s consultant on the Zoning Regulation rewrite project, to get their opinion on the best way to approach such a transition as well as their capacity/timeframe for assisting with drafting the revisions. In response, CHA reviewed the most recent draft of the regulations and prepared the attached memo identifying an alternative approach that could allow for site plan review by tasking the Design Review Panel with design review prior to submission of a site plan application. Under this concept, the DRP would be provided with a scoring system based on how well the design addressed adopted design guidelines. If the project met or exceeded a threshold score, it would be eligible for approval through the site plan review process. If the project did not achieve that threshold score, special permit approval would be required.
As this approach is “out-of-the-box” and to staff’s knowledge has never been used, the Town Attorney would need to review and confirm that such an approach would be consistent with statutory provisions and case law. If the Commission is interested in this alternative, staff recommends that the Town Attorney be consulted prior to finalizing the draft for public hearing.
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July 20, 2020
Mansfield Planning and Zoning Commission
c/o Linda Painter, AICP, Director of Planning & Development Town of Mansfield 4 South Eagleville Road Storrs-Mansfield, CT 06268
Re: Proposed Revisions to Multi-Family Residential Development Regulations – Article 10.B
Linda and Commissioners:
We have reviewed the proposed changes to Article 10 (new Section 10.B – Special Provisions for Multi-Family and Group Dwelling Development) and have the following observations and recommendations:
- It is our understanding that the Commission wishes to exercise additional design and regulatory control
over new multi-family and group dwelling developments while also streamlining the permitting process.
Specifically, the Commission is interested in exploring conversion of permitting review from a Special
Permit/Special Exception process to a Site Plan review process;
- As you know, the Special Permit/Special Exception process takes on a more judicial function with
significant room for “grey area” or “judgement calls” from the Commission about the applicant’s ability
to satisfy both the Regulations and the broad goals of the Plan of Conservation & Development; while the
Site Plan process is more administrative wherein an application that conforms to the Regulations must
be approved, and as such requires the objectivity of “if/then” regulations;
- The proposed regulation uses a series of “Design Guidelines” and “Design Standards.” Generally
speaking, “standards” can be expressed as objective statements or formulas, requiring measurable
actions that are either present or absent from a plan. “Guidelines” tend to be more subjective, are site
specific, and refer to visual elements that have a level of judgement or discretion. Based on the foregoing
split between a Special Permit process and a Site Plan process, the language of “guidelines” should not
be a part of a Site Plan regulation, and any vagueness or subjective judgement in “standards” regulations
should be eliminated. The 2013 CT Appellate Court case “Mackenzie v. Planning and Zoning Commission
of the Town of Monroe” (Mackenzie) made it clear that a Commission has very limited discretion to
modify, waive, or vary its own regulations;
- As such, we have been asked to assess the current draft of Article 10.B to determine: (1) Whether the draft
could be used as a Site Plan regulation; (2) If not, how difficult it would be to convert “guidelines”
language to “standards” language more appropriate to a Site Plan (vs. Special Permit) process; and (3) If
there are other approaches to enable a quicker and less discretionary review process;
Page 25 of 150
- In general, the “Standards” sections (10.B.8.a, 10.B.9.a, 10.B.10.a, 10.B.11.a) are written in objective
language but should be more prescriptive. For example, 10.B.8.a.2 states “Provide separation between
exterior activity areas and vehicular use areas,” but could be easily revised to “Plans shall provide physical
separation between exterior activity areas and vehicular use areas;”
- Some criteria within the “Standards” sections need to be made more objective or migrated to a
“Guidelines” section, such as 10.B.9.a.2 “Provide exterior activity areas that are safe and visible from
major spaces in units, with a variety of amenities.” In this example, reasonable people may disagree about
the sufficiency of the applicant’s satisfaction of words such as safe, visible, major spaces, and variety;
- With few exceptions, the “Guidelines” sections (10.B.8.b, 10.B.9.b, 10.B.10.b, 10.B.11.b) are of a
“judgement call” or subjective nature more suitable to a Special Permit process, but several guidelines
could be given a bit more objective detail and migrated to a “Standard.” For example, 10.B.11.b.8 states
“Hallways should be well-lit and wide enough to accommodate those with mobility aids” could be revised
to a more objective “Interior hallways shall provide for 24-hour lighting at a minimum of XX foot-candles
and shall be a minimum of 8’ in width to accommodate those with mobility aids”;
- In our opinion, the draft Section 10.B as written, is not suitable to be used as a Site Plan regulation, as
the vagaries of the Design Guidelines leave too much area for subjective interpretation to allow the
Commission or Staff to make an administrative judgement;
- Further, to convert the draft language into a format that would be suitable for an objective Site Plan
review process while maintaining a high degree of design control would be a significant undertaking; it
would require objective measures be added to guidelines like “Incorporate natural features of site into
design as amenities” or “Incorporate multiple building types in the overall design.” While some of these
guidelines could be strengthened into standards, it is our belief that this is not a worthy expenditure of
the Town’s resources. The resulting regulations would be tremendously cumbersome and would require
extensive documentation and exhaustive review process for compliance;
- As an alternative approach, we offer some suggestions for converting the draft Section 10.B into a Site
Plan process while maintaining some oversight into the site design elements:
o Move all the “Guideline” criteria that cannot be easily converted to objective “Standards” into a
comprehensive “Design Guidelines” document to be administered by the Design Review Panel;
o Require a Report of the Design Review Panel as a mandatory submission with the application
materials. This should push the applicant into seeking the guidance of the DRP in advance of the
consideration of the overall Site Plan application, although recommendations of DRP are not
binding;
o Develop a compliance scoresheet for each of the design guidelines that can be completed by
each Panel member to rate how well the applicant met each applicable guideline. The
scoresheet should be simple with a 0-3 (Poor/Fair/Good/Very Good) rating;
Page 26 of 150
o If the overall score from the DRP compliance scoresheets is greater than 75% of possible points (
or whatever benchmark the Commission believes is appropriate), the application is judged to
have generally complied with the design guidelines and may proceed with a Site Plan review
process;
o If the overall score from the DRP compliance scoresheets is less than 75% of possible points
(etc.), the applicant has not done enough to comply with the design guidelines and will be forced
into a Special Permit process;
o Section 10.B could be modified to establish this as an if/then statement in the application review
process, and if the Special Permit path is mandated, the Design Guidelines should be referenced
as an adjunct regulation (or included in an appendix to the Regulations); and
o By outsourcing the subjective review of the applicant’s compliance with the Design Guidelines to
the DRP (as currently constituted or as may be strengthened), the simple requirement of a
“report” or “scoresheet” becomes an objective standard by which the Site Plan review may
proceed. In very complex cases, or cases in which the applicant clearly has not adequately
addressed the Design Guidelines, the Commission may invoke the greater oversight and
discretion of a Special Permit process.
If the Commission believes that this Design Review Panel is a reasonable approach to streamlining the application
review process, we suggest that the Commission’s attorney be consulted to confirm that this does not run afoul of the
Connecticut General Statutes or applicable judicial decisions. We would be happy to discuss these notes and recommendations in greater detail with the Commission and Town staff. We have also done a preliminary
editorial markup of the draft Section 10.B that we will forward to staff for their review.
Respectfully,
Michael D’Amato, CZEO, AICP
John Guszkowski, AICP, LEED-AP, ENV-SP
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1
Linda M. Painter
From: Chase Powell <[email protected]>Sent: Monday, July 20, 2020 2:08 PMTo: PlanZoneDeptCc: Jay Williams; Bryan Boyles; Stephen Moriak; Amanda RigoniSubject: Public Comment for July 20, 2020 PZC Meeting
Dear Planning and Zoning Commission: Thank you all for taking the time to read this email in anticipation of the PZC meeting tonight at 6:30 PM. Over the past 5+ months we have worked hard with the city in offering input to the proposed multifamily zoning changes. We did all of this in good faith in trying to recognize the city’s goals, and offering suggestions that would be mutually beneficial to both parties. It seems we have made great strides over the course of this time, with the one exception of the most recent addition of 100 SF of outdoor space for between 10-25% of the units. This is extremely burdensome and specifically goes against the goal of trying to make these units more affordable and equitable for all. As we stated from the start of the last meeting, this would also not be feasible given that we are trying to respect that community’s wishes of having commercial space in this project. It seemed we had all come to an agreement that this was indeed rather burdensome, and this regulation would be tweaked. We (Haven) are fine with all other proposed changes being discussed with the exception to this one. Somehow, the meeting became derailed and it was decided that the proposed 5+ months of coordinated hard work between all parties would be scrapped, and all of this would be handed off to a consultant to rewrite. Many of the changes discussed would be completely rewritten and redrafted. We implore this committee to continue down the path of trying to finalize the proposed changes. Developers looking to do projects in Mansfield cannot sit in this constant state of unknown while we are trying to move our projects forward. We have spent significant dollars with our consultants in tweaking plans to adjust for these proposed changes thus far. If this process continues to drag out for another 6 months, with the goal post constantly being moved, then it will be really difficult for us to move forward on anything. How can we try to put forward plans in any applications when there is a constant moving target? We are asking for the committee to recognize the work put in to date, and to finish what has taken a significant amount of effort to get to already. We appreciate the ongoing efforts made by all of you and we are hopeful that we can, together, move towards a mutually acceptable solution that, as of the last meeting, was almost done based upon an effective ongoing collaborative effort. Regards,
Chase Powell Development Manager Haven Campus Communities 3284 Northside Parkway NW, Suite 500 Atlanta, GA 30327 770-818-4238 Office | 404-317-6161 Mobile [email protected]
Page 28 of 150
Town of Mansfield Department of Planning and Development
Audrey P. Beck Building 4 South Eagleville Road, Mansfield, CT 06268 860.429.3330 mansfieldct.gov
MEMO
To: Planning and Zoning Commission
From: Linda Painter, AICP, Director
Date: July 16, 2020
Subject: Proposed Multi-Family Residential Regulations
The Regulatory Review Committee (RRC) has been working on updates to the Zoning Regulations related to multi-family residential uses to ensure that new multi-family dwellings are designed to appeal to all generations. The RRC has reviewed multiple drafts and made numerous changes based on feedback received from the public. They are now ready to discuss their approach and the current draft with the full Commission.
It should also be noted that the 7/14/2020 draft of the regulations includes revisions to Section 10.B.6.d that generated substantial discussion at the last Regulatory Review Committee meeting. Additional revisions to this section need to be drafted to reduce the amount of outdoor space for certain unit types and provide greater flexibility in meeting the open space provisions.
The packet includes the most recent draft of proposed changes as well as copies of all community comments received on previous drafts for Commission information. Staff has also included copies of RRC minutes to help the Commission understand the way in which these regulations have changed over the last few months.
Lastly, changes to other sections have also been identified in an effort to consolidate multi-family regulations in one location. While a draft is attached for Commission information, it is important to note that changes to the DMR have been revised since the June 23, 2020 draft. The approach to the DMR district along with the proposed creation of new compact residential districts will be presented at the August 3, 2020 meeting for discussion.
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PZC Regulatory Review Committee Proposed Amendments to Zoning Regulations
Draft ▪ July 14, 2020
Audrey P. Beck Building 4 South Eagleville Road, Mansfield, CT 06268 860.429.3330 mansfieldct.gov
REGULATIONS/REVISIONS INCLUDED IN THIS DRAFT Revised draft of Multi-Family Development Regulations, including expanding applicability
of certain provisions to Group Dwelling uses and consolidating provisions related to multi-family and group dwelling uses current located in other sections of the regulations into Article 10, Section B. See separate document for proposed revisions to those sections.
Proposed changes to Affordable Housing density bonus provisions (2/26/2020)
MULTI-FAMILY RESIDENTIAL DEVELOPMENT The following amendments are proposed to:
Clarify two different terms currently used in the Regulations (multi-family dwellings and multi-family residence)
Establish standards to promote multi-family residential developments that are attractive to all household types, including families, seniors and individuals
PROPOSED CHANGES TO ARTICLE 4.B, DEFINITIONS Add new definition 21 as follows and renumber subsequent definitions accordingly:
21. Dwelling, Multi-Family. See Residence, Multi-Family.1
PROPOSED CHANGES TO ARTICLE 10 Current Section B is reserved for future use. Establish new Section B as follows:
B. Special Provisions for Multi-Family and Group Dwelling Development
1. Intent. These provisions are intended to:
a. Ensure that new multi-family residential development provides housing options that meet the needs of all residents, including singles, families, seniors, students and individuals with special needs; and
b. Promote vibrant neighborhoods comprised of residents of all ages, incomes and backgrounds.
2. Applicability
a. The requirements of this Section shall apply to multi-family developments and group dwelling developments in all districts with the exception of the SER-HO district.
b. The requirements of this Section shall apply to:
All new multi-family dwelling developments of 10 or more units
1 If the Committee decides to push forward with the Compact Residential District concept, the definition of multi-family would need to be changed.
Page 30 of 150
Page 2
All new construction of 10 or more units in existing multi-family dwelling developments
Renovation of existing multi-family developments to the extent practicable given the extent of proposed renovations.
b. Where any provision of this Section conflicts with other provisions of the Zoning Regulations, the provisions of this Section shall govern.
3. Definitions. For the purpose of this Section, the following definitions shall apply.
a. Design Guidelines. Guidelines are not mandatory requirements, but provide a defined framework of the design principles that supplement the development standards. The guidelines provide direction on the more qualitative aspects of a development project and may be interpreted with some flexibility. The guidelines are utilized during the review process to encourage the highest level of design quality, while providing flexibility to encourage creativity on the part of project designers. Applicants may propose alternatives that meet the intent of the design guideline.
b. Design Standards. Standards are specific development requirements that must be satisfied by all development to which the standards apply.
c. Multi-Generational Housing. Housing designed to accommodate the needs of individuals at all stages of the life cycle.
d. Special Needs Housing. Housing designed specifically to support individuals with special needs, such as the elderly or individuals with physical or mental disabilities.
4. Infrastructure. Multi-family and group dwelling developments must be served by public water and sewer facilities or must be readily connected to such services. "Readily connected" is defined as that point in time when contracts have been let for construction of public sewer and water facilities requested for connection. A Certificate of Compliance shall not be issued until the site is connected to public water and sewer facilities.
5. Residential Density
a. Developable Land Area. Allowable density of residential development shall be calculated based on the area of developable land. The acreage of developable land shall be calculated pursuant to Figure 10.B-1: Calculation of Developable Land Area.
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Page 3
FIGURE 10.B-1: CALCULATION OF DEVELOPABLE LAND AREA
*For the purposes of this calculation, only areas subject to easements or restrictions that completely prohibit development shall be included. Utility easements, access easements and other similar restrictions shall not be included in the calculation.
**For the purposes of this calculation, only areas of 2,000 square feet or more of continuously sloped area at least 10 feet in width shall be counted.
b. Calculation of Allowable Density. Multiply the developable land area by the number of units allowed per acre pursuant to Figure 10.B-2, Column A. Fractional units of less than 0.5 shall be rounded down and 0.5 or more shall be rounded up.
c. Lots in More than One Zoning District. For lots in more than one district, the allowable unit count (excluding bonuses) shall be computed separately first. These totals shall be added together and the allowable maximum bonus and transfer of development rights for the entire development shall be calculated based on this combined total number of units and the acreage of the property in the higher density district. The permitted location of the units shall be wherever the Commission determines best fits the characteristics of the land and surrounding area, based on the Development Impact Statement.
Figure 10.B-2: Multi-Family Dwelling Residential Density by District
A B C D Maximum Base Residential
Density Maximum Density Bonus
Available District
Dwelling Units Per Acre
Not to Exceed Bedrooms Per
Acre
Dwelling Units Per Acre
Not to Exceed Bedrooms Per
Acre ARH 8.7 NA NA NA DMR 8.7 NA NA NA PVRA 8.7 NA NA NA
Developable Land Area
(Acres)
Subtract the area of the following features:
Total acreage of wetlands and watercourses
Total acreage of FEMA 100-year floodplains
Total acreage of land subject to restrictions prohibiting development (such as a Conservation Easement)
Total acreage of land with Steep Slopes (15% or
greater)**
Determine Total Land
Area (A-2 Survey)
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A B C D Maximum Base Residential
Density Maximum Density Bonus
Available District
Dwelling Units Per Acre
Not to Exceed Bedrooms Per
Acre
Dwelling Units Per Acre
Not to Exceed Bedrooms Per
Acre I 100 NA 10 NA PB-1 15 30 8 15 PB-2 35 70 10 20 PB-3 15 30 8 15 PB-4 100 NÅ 10 NA RAR-90* 8.7 NA NA NA *This density applies only to properties in the RAR-90 district that meet the eligibility requirements for multi-family dwellings. Existing non-conforming multi-family residential developments are subject to the provisions of Article 10, Section D.
Figure 10.B-3: Group Dwelling Residential Density by District
District Base Maximum Density (Bedrooms Per Acre*)
Maximum Density Bonus (Bedrooms Per Acre)
I 400 20 PB-4 400 20
*Up to 25% of bedrooms may be occupied by two people; all other bedrooms shall be single-occupancy.
d. Density Bonuses. Density bonuses may be awarded pursuant to Figure 10.B-4 up to the maximum identified in Figures 10.B-2 and 10.B-3. These bonuses are separate and distinct from density bonuses awarded pursuant to Article 10, Section W.7 for affordable housing. Bonuses for affordable housing may be awarded above the maximum density bonus established in this Section. Bonuses shall be calculated in the same manner as base maximum density.
Figure 10.B-4: Available Density Bonuses
Bonus PB-1 & PB-3 PB-2 PB-4 & I Community Amenities Available to the Public. Projects that include community facilities that are available for use by the general public, such as recreational facilities, public parks or meeting space, shall be eligible for a density bonus of up to two (2) dwelling units per acre. Said amenities shall not be counted toward the community amenity requirements for the development.
Up to 3 du/acre, not to exceed 6 bedrooms per
acre
Up to 3 du/acre, not to
exceed 6 bedrooms per
acre
Multi-Family: Up to 2 du/ac
Group
Dwelling: Up to 4
bedrooms/ac
Off-Site Connections and Related Improvements. Projects that include pedestrian connections, such as public
Up to 3 du/acre, not to exceed 6 bedrooms/acre.
Up to 3 du/acre, not to
exceed 6 bedrooms/acre.
Multi-Family: Up to 2 du/ac
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Bonus PB-1 & PB-3 PB-2 PB-4 & I sidewalks and trails, to key employment, service and/or recreation areas. Sidewalks provided along the frontage of the subject property shall not be eligible for a density bonus under this provision.
Group Dwelling:
Up to 4 bedrooms/ac
Structured Parking. Projects that provide structured parking to satisfy some or all of the required parking.
3 du/acre for every 100
parking spaces provided in
parking structures, not to
exceed 12 bedrooms per
acre.
3 du/acre for every 100
parking spaces provided in
parking structures, not to exceed 12 bedrooms per
acre.
Multi-Family: 2 du/ac for every 100 structured
parking spaces, not to exceed 4
du/ac
Group Dwelling:
4 bedrooms/ac for every 100
structured parking spaces, not to exceed 8
du/ac Sustainability Provisions. Projects that include energy efficient design and building materials that satisfy the minimum requirements of Energy Star Certification.
3 du/acre, not to exceed 6
bedrooms/acre
3 du/acre, not to exceed 6
bedrooms/acre
Multi-Family: 2 du/ac
Group
Dwelling: 4 bedrooms/ac
Family-Friendly Units. Multi-Family residential projects that exceed the minimum number ofat least the following percentages of two- and three-bedroom units with family-friendly features specified in Section B.11.a.6.
50% of units meet
requirements of Section B.11.a.6: 2 du/ac
75% of units meet
requirements of Section B.11.a.6: 3 du/ac
100% of units meet
requirements of Section B.11.a.6: 4 du/ac
50% of units meet
requirements of Section B.11.a.6: 2 du/ac
75% of units meet
requirements of Section
B.11.a.6: 3 du/ac
100% of units meet
requirements of Section
B.11.a.6: 4 du/ac
50% of units 2 du/ac 75% of units 3 du/ac 100% of units 4 du/ac
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6. Unit Mix. Multi-family residential developments shall comply with the following requirements to promote multi-generational housing unless the applicant establishes a demonstrated need for special needs housing pursuant to Section B.12:
a. At least 20% of units shall be studio or one-bedroom units.
b. At least 50% of all units in the development shall have two or more bedrooms.
c. At least 15% of all units in the development shall have three bedrooms.
d. A minimum number of units that meet the following requirements shall be provided pursuant to Figure 10.B.5. Examles of unit types that would meet these requirements include but are not limited to townhouses, cottages, and small multi-unit buildings.
1. The unit shall have a dedicated entrance on the exterior of the building.
2. The unit shall include at least 100 square feet of outdoor space dedicated and accessible to only the unit occupants, including but not limited to patios, decks, fenced yard areas, balconies and rooftop terraces. The space provided shall be counted toward community amenity requirements established in Section 9.a.3.
Figure 10.B.5: Minimum Multi-Family Unit Types by Developable Land Area
Developable Land Area 5-10 acres 10-15 acres 15-20 acres 20+ acres
Minimum units meeting provisions of 10.B.6.d
10% 15% 20% 25%
7. Property Management Plan. Property management plan that addresses the following requirements:
a. Type of Management. Discuss type of management proposed and identify how resident and neighbor concerns will be addressed. On-site management is required for any multi-family residential development of 50 or more dwelling units and group dwelling developments of 100 or more bedrooms.
b. Nuisance Prevention. Identify strategies to reduce potential for neighborhood nuisances, including but not limited to:
1. Lease provisions related to nuisance behavior and guests
2. Perimeter security measures
C. Maintenance and Upkeep. Proposed schedule for exterior maintenance (landscaping, power washing, painting/repairs, etc.)
8. Site Layout and Design
a. Standards
1. Designate parking for accessible units near entrances and elevators.
2. Provide separation between exterior activity areas and vehicular use areas.
3. In mixed-use projects, provide parking, loading, and service areas to support non-residential uses.
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b. Guidelines
1. Incorporate natural features of site into design as amenities.
2. Integrate surface stormwater features into the site design as an amenity feature.
3. Provide focal points for units such as a central green.
4. Wherever possible, arrange parking, pedestrian circulation and building entrances so that residents and visitors are encouraged to access residential units from a street or greenway.
5. Wherever possible, locate and design surface parking areas to be secondary to buildings and open spaces. Examples include use of internal driveways that are designed to look and function like streets with travel ways and parallel or angled parking; placing parking to the rear of buildings; and breaking up large parking areas with buildings and open space.
6. Landscape pedestrian walkways to provide attractive spaces as well as privacy while avoiding blind corners and heavy landscaping which can obstruct sightlines along pedestrian routes.
7. Provide visual privacy between units. Where units face each other across a narrow distance, windows should be off set.
8. Locate and design entrances, lobbies, corridors, stairwells and elevators to maximize potential for casual surveillance from units, semi-private and public areas.
9. Design pedestrian circulation routes that can easily be used for moving furniture and household possessions as well as circulation of people with mobility aids (wheelchairs, scooters, walkers, etc.), strollers, tricycles, bicycles and wheeled toys.
10. In large projects (over 100 units) consider dividing the project into smaller communities centered around open space, where residents have access to common and circulation areas.
9. Community Amenities
a. Standards
1. Community amenities shall be provided at a level appropriate to the overall size of the project that are safe and visible from dwelling units and building common spaces. The type and nature of recreational amenities shall be based on the size, nature and location of the development. For smaller projects, trails, garden areas, and multi-use lawn areas may be considered adequate to meet this requirement. Detailed plans and specifications for proposed recreational amenities shall be shown on project plans.
2. Provide exterior activity areas that are safe and visible from major spaces in units, with a variety of amenities.
3. Developments in the ARH, DMR, PVRA, and RAR-90 districts shall provide a minimum of 600 square feet of open space and/or recreational areas per unit. See Article 10, Section A.9 and Article 7, Section G.16 for additional provisions related to open space provisions in the PVRA and RAR-90 districts, respectively.
4. In projects with 30 or more dwelling units / 100 or more group dwelling bedrooms, a community multi-purpose room shall be provided that meets the following criteria:
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minimum 500 square feet of space for resident activities including but not limited to parties, meetings, and clubs; internet access; and computer access.
5. Additional amenity spaces shall be provided for projects of 100 dwelling units / 300 group dwelling bedrooms or greater. Amenities shall be designed to provide a variety of options for residents. Examples include but are not limited to: passive recreation such as picnic areas and trails; playgrounds, active recreation such as swimming pools, tennis/basketball courts, workshop/hobby spaces, libraries, play rooms with toys for children of varying ages, teen lounge, additional community multi-purpose rooms, and communal kitchens and dining areas. The Commission may authorize use of off-site recreational facilities to meet some or all of the additional amenity requirements when the off-site recreational facility meets the following criteria:
a. The facility is located within ¼ mile of the project site as measured by the shortest pedestrian path to such facility and is connected to the project site by continuous off-site walkways; OR, the project provides regular transportation to the facility during its hours of operation free of charge to residents.
b. Membership fees to the facility are provided free of charge to residents.
6. Provide in-unit or common laundry areas. Common laundry areas shall be ADA accessible and be located on each floor or near a common gathering space. See “Aging in Place Design Guidelines for Independent Living in Multifamily Buildings,” Enterprise Green Communities, 2016. (https://www.enterprisecommunity.org/download?fid=6623&nid=3496) for additional guidance on how to improve accessibility of common laundry areas.
5. Where provided, communal storage rooms shall be on an ADA accessible path and have sturdy, lockable, individual, storage areas.
b. Guidelines
1. Where property includes significant natural features, consider incorporating walkways and trails with features and overlooks. Trails should be designed to connect to other properties wherever possible.
2. Provide outdoor communal gathering areas including quiet passive spaces as well as active gathering spaces such as playgrounds with equipment for children of different ages, barbeque/ picnic areas and community gardens.
10. Building Design
a. Standards
1. Provide ADA accessible access from each building to exterior amenities that minimize the need to cross a parking area or driveway. Where such crossing is required, use pavement type, markings and signage to demarcate a pedestrian crossing area, and signs alerting drivers to the presence of children in areas where the crossing leads to an exterior play area.
b. Guidelines
1. Incorporate multiple building types in the overall design.
2. Where structured parking is used, wrap structures with buildings.
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3. Design a portion of the ground level frontage to be residential units or other active uses with direct unit entries to the street. Alternatively, articulate ground-floor residential building facades to differentiate individual residential units from each other and from the overall massing of the building in order to express a rhythm of individual units along the street.
4. Design ground floor units to maximize views of the street from the interiors of units while minimizing views into units from the street.
5. Provide visual interest and improve quality of life for inhabitants through the use of features such as stoops, porches, recessed windows, bay windows and balconies.
6. Incorporate architectural features and materials that ensure high-quality, human-scale, distinctive design that is comfortable and attractive to residents. Consider vaulted ceilings; arches; corner treatments; window, façade and roof proportions.
7. In buildings with double-loaded corridors, unit doorways shall should be offset to avoid visual and acoustical intrusion whenever possible.
8. In corridors serving six or more units, define entries through lighting and recessed spaces.
9. Provide ADA accessible access from units to exterior common open space and wherever possible, provide for natural light into corridors and stairs with views to the exterior.
10. Corridors should be wide enough to allow for people to circulate past each other with mobility aids as well as allow for circulation around items temporarily left in the hall (such as tricycles, wheeled toys).
11. Situate as many units as possible adjacent to open spaces designed and landscaped to create active areas and opportunities for gathering and quiet respite.
11. Multi-Family Dwelling Unit Design
a. Design Standards
1. A variety of unit types and designs shall be provided. Multi-story units can be included in a larger building with single-story units for greater diversity.
2. Provide kitchens and appliances sized appropriately for the unit type. Elements to consider include appliance size/capacity, walkway/aisle width, clear countertop area, amount of storage provided, and designated food pantry space. Figure 10.B-5 identifies sample kitchen features based on unit size.
Figure 10.B-5: Sample Kitchen Feature Guidelines by Unit Size
Unit Type Studio One Bedroom Two-Bedroom
Three-Bedroom
Clear Countertop Area Square feet of countertop area excluding sink.
10 square
feet
14 square feet
20 square feet
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Linear Feet of Base Cabinets
5 feet 10 feet 15 feet
Linear Feet of Wall Mounted Storage
2.5 feet 5 feet 7.5 feet
Refrigerator Size
14 cubic feet
16 cubic feet 18 cubic feet 20 cubic feet
Stovetop/ Oven Size
30 inch wide
Pantry Storage NA 15 cubic feet 24 cubic feet 30 cubic feet
4. Bulk storage shall be provided for each unit in accordance with Figure 10.B-6. Linen, utility, clothing and pantry closets may be counted as bulk storage spaces for the purpose of this requirement. Up to 30% of the bulk storage requirement may be provided in a communal storage area.
Figure 10.B-6: Bulk Storage Requirements
Unit Type Minimum Bulk Storage Area Studio 100 cubic feet One Bedroom 150 cubic feet Two Bedroom 300 cubic feet Three Bedroom 450 cubic feet
5. A minimum of two full bathrooms shall be provided in three-bedroom units.
6. A minimum of 25% of two and three-bedroom units shall include the following features unless the development is designated as special needs housing:
An entry closet or indoor space near the entry for furniture, shelves, and mobility aids where such items will not obstruct circulation.
Two-bedroom units: a dining area sized to accommodate a table and four chairs. Three-bedroom units: a dining area sized to accommodate a table and 6 chairs. A living room with sufficient space for seating plus other furniture and circulation. A hierarchy of bedroom size, where one bedroom is larger than the others. Bedrooms separated from living areas and sized to accommodate a bed,
dresser, and desk or table. Each bedroom shall have access to a full bathroom without going through the
living room, dining room or kitchen. At least one bathroom shall be equipped with a bathtub and shall be of sufficient
size to accommodate a parent and child at the same time.
b. Design Guidelines
1. Units should be located and designed to minimize noise intrusion from surrounding development while maximizing natural light and ventilation.
2. Design units to allow residents to age in place. See “Aging in Place Design Guidelines for Independent Living in Multifamily Buildings,” Enterprise Green Communities, 2016.
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(https://www.enterprisecommunity.org/download?fid=6623&nid=3496) for additional guidance.
3. Maximize ventilation and sunlight by providing multiple exposures and shallow unit depths as much as possible. Place living areas along exterior walls and place bath and storage along interior walls.
4. Take advantage of views and natural light, particularly for living areas, by providing areas of glazing looking onto streets, yards and other exterior spaces. Provide shading on south and west exposures.
5. Maintain a sense of privacy from within housing units while allowing views onto streets and exterior courtyards.
6. Consider the layouts of adjacent units to ensure that bedrooms are not adversely impacted by proximity to neighboring living areas.
7. Bulk storage space should include at least one area with sufficient dimensions to accommodate large household items such as mobility aids (wheelchairs, scooters, walkers, etc.) strollers, wheeled toys, suitcases, sports equipment and holiday decorations.
8. Hallways should be well-lit and wide enough to accommodate those with mobility aids.
9. Spaces should be designed to accommodate multiple activities and be able to adapt to the needs of the resident.
10. Where possible, provide access to private outdoor space that is a minimum of 6 feet deep and 9 feet wide. The private open space should be designed to maximize sunlight access, safety and adaptability.
11. Design units that can easily adapt to needs of occupants, including families with children, seniors and individuals with physical disabilities.
12. Recycling and Solid Waste Disposal. Recycling and refuse collection service, including exterior recycle containers, shall be provided pursuant to Sections A196-5, A196-6 and A196-9 of the Solid Waste Regulations and the following provisions.
a. Number and Size of Containers.
The number and size of refuse and recycling containers shall be approved by the Town’s Recycling Coordinator after consultation with the Town’s contracted hauler.
Recycling containers shall be provided in an appropriate size and number for anticipated recyclables at the property. For design purposes, it should be assumed that the recycle containers will need to accommodate approximately 30-40% of the total waste generated on site.
Developments that offer a comprehensive composting program may be able to reduce the number, size and/or frequency of service for refuse collection containers.
b. Location of Recycling Containers. Recycling collection service shall be as convenient to residents and tenants as refuse collection service.
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Should a development offer interior refuse collection containers in a centralized location, recycle containers shall be located in the same location.
Should a development offer door-to-door valet refuse collection service, recycling collection shall be provided in the same manner.
Should a building have a designated chute for refuse collection service, designated recycling chutes shall be provided adjacent to the refuse chute.
Should a development offer dumpster service, a complementary recycle dumpster shall be placed next to the waste dumpster.
Should a development opt for compactor service, a split compactor shall be used or a separate recycle container shall be placed next to the compactor.
c. Screening of Solid Waste/Recycling Containers. All solid waste and recycling containers shall be screened by a solid fence with gate that is at least 1 foot taller than the containers. Enclosure and gate size requirements will be determined based on the size of containers and must provide for clearance around the containers for users and the collection vehicle. Chain link fencing with vinyl slats is not an acceptable screening type.
d. Tenant and Resident Information. Information, including the types of recyclable materials accepted and the location of recycling containers shall be distributed to all occupants upon move-in along with a container for interior collection of recyclables that is clearly marked with the universal recycling symbol.
All occupants shall be provided with updated information and instructions when recycling services are changed.
Educational materials should also be posted in common areas such as laundry rooms, mail areas and the main lobby or leasing office.
d. Refuse and Recycling Plan. To demonstrate compliance with this Section, a preliminary Refuse and Recycling Plan shall be submitted with any Site Plan or Special Permit Application required by these Regulations. The Refuse and Recycling Plan must be finalized and approved by the Town’s Recycling Coordinator prior to issuance of a Zoning Permit. At minimum, the Recycling Plan shall contain the following information:
Property owner and manager information
Description of proposed waste disposal and recycling services to serve the development, including interior collection set-up, container types and sizes, and sample labeling.
Map identifying locations of refuse and recycling collection containers.
Calculations to support proposed container sizes.
e. Plan Updates. Upon any change in ownership, management, or recycling collection service, an updated Recycling Plan shall be submitted to the Recycling Coordinator.
13. Bicycle Parking. At least one bicycle parking space shall be provided for every five dwelling units pursuant to the following requirements.
a. Bicycle parking spaces shall be a minimum of six feet long and two feet wide or as designed by the provided bicycle rack system with an ADA accessible access aisle at the side or rear of the bike.
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b. Areas used for bicycle parking must be well-lit and drained to be reasonably free of mud and standing water.
c. All bicycle racks must be:
Securely anchored;
Able to support the bicycle frame in at least two places to prevent the bicycle from falling over;
Configured to allow locking of the frame and at least one wheel with a U-lock; and
Constructed of materials that resist cutting, rusting, bending or deformation.
d. A minimum of 90% of bicycle parking spaces shall meet the following requirements for long-term bicycle parking for building tenants:
Be provided in a well-lit, secure location within convenient distance of a public entrance, building lobby or other common area, such as a parking deck.
Be designed to provide continuous overhead shelter from the elements. Examples of long-term parking design include: bicycle lockers, racks, lockable cage or other enclosure; or a lockable bicycle room.
Be located proximate to or in the building for which such spaces are required.
Include space for storage of larger bicycles and accessories, including but not limited to tandem bicycles and adaptive bicycles for individuals with special needs.
e. A maximum of 10% of required bicycle parking shall meet the following requirements for short-term bicycle parking:
Be placed within 50 feet of, and clearly visible from, the main entrance to the use served.
Installed a minimum of two (2) feet from any wall or other obstruction with the exception of wall mounted bicycle racks.
Installed on a surface designed and maintained to be mud and dust free. The use of rock or gravel areas for bicycle parking is permitted provided edging materials are used to demarcate the bicycle parking area and contain the gravel material.
If required bicycle parking is not visible from the street or public entrance, a sign must be posted at the public entrance indicating the location of the parking. The D4-3 sign of the Manual on Uniform Traffic Control Devices (MUTCD) s recommended.
f. Any required short-term parking provided in a structure or under-cover must be:
Provided at ground level
Provided free of charge
Clearly marked as bicycle parking
Separated from vehicle parking by a physical barrier to minimize the possibility of parked bicycles being hit by a vehicle.
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g. The number of required spaces shall be reduced by 50% for special needs housing developments whose primary occupants are seniors or individuals with physical or mental disabilities.
14. Signs. One free-standing identity sign per street frontage is permitted pursuant to the requirements of Figures 10.B-7.
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Figure 10.B-7 Types of Permitted Free Standing Identity Signs and Associated Standards
Sign Type Residential Districts Planned Business Districts Monument Sign A one or two-sided sign attached to a pedestal or perimeter wall. Maximum Sign Area 16 square feet 32 square feet Maximum Height 5 feet 5 feet
Other Dimensional Requirements
The width of the top of the sign structure may be no more than 125% of the width of the pedestal.
If attached to the perimeter wall, the sign may not exceed 75% of the width of the face of the perimeter wall.
Minimum Setback from Front Property Line
10 feet Per district requirements
provided adequate site distance is maintained.
Materials
Monument signs shall be constructed of wood, metal, or masonry.
The use of plastic and other synthetic materials for separate alphanumeric characters or logos is only permitted in Planned Business Districts.
Landscaping When a pedestal is used, the area surrounding the pedestal
shall be landscaped with ground cover and ornamental plantings.
Illumination
Internal Illumination is prohibited. External light sources intended to illuminate the sign must be
fully shielded and placed close to, and directed upon, the sign face.
Any light sources intended to illuminate surfaces behind a sign to produce a halo effect must be fully concealed from view.
Yard Sign A two-sided sign that is located on either one or two posts within a front yard. Maximum Sign Area 16 square feet 32 square feet Maximum Height 5 feet 5 feet Maximum width (not including posts)
8 feet
Minimum Setback from Front Property Line
10 feet Per district requirements
provided adequate site distance is maintained.
Materials
Monument signs shall be constructed of wood or metal. The use of plastic and other synthetic materials for separate
alphanumeric characters or logos is only permitted in Planned Business Districts.
Landscaping The area surrounding the base of the sign shall be landscaped with ground cover and ornamental plantings.
Illumination
Internal Illumination is prohibited. External light sources intended to illuminate the sign must be
fully shielded and placed close to, and directed upon, the sign face.
Any light sources intended to illuminate surfaces behind a sign to produce a halo effect must be fully concealed from view.
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15. Housing Plan
a. Submission of Housing Plan. Any applicant for a project subject to the requirements of this Section shall submit a Housing Plan as part of the Site Plan or Special Permit application for the development in addition to the submission requirements of Article 5.
b. Contents of Housing Plan.
1. Narrative description of the type of housing proposed. Where a special needs housing project is proposed, the applicant shall document the demand for such housing and how the specific needs of that population will be supported through the proposed design.
2. Description of how the proposed development conforms to the design standards and guidelines of this Section. Where a proposed design does not meet recommended guideline(s) of this Section, the applicant shall articulate the reasons for deviation and identify the alternative design approach used to meet the intent of the guideline.
3. Conceptual floor plans and building elevations.
4. Density calculations, including any requested density bonuses and how the project meets the requirements for awarding of such a bonus; including affordable/workforce housing bonuses authorized by Article 10, Section W.
5. Additional requirements for multi-family dwelling developments:
a. Proposed multi-family dwelling unit mix.
b. Narrative description identifying how the project intends to meet the multi-family unit design requirements of Section B.11. The description shall include minimum specifications for each unit type.
c. Modifications. Modifications to an approved housing plan may only be approved by the PZC.
16. Approval Considerations. In approving any Site Plan or Special Permit application that is subject to the requirements of this Section, the Commission must make the following findings, in addition to the findings required by Article 5, Section B:
a. Overall Project Design. The proposed development complies with all development standards identified in this Section and substantially complies with the intent of the design guidelines.
b. Adaptability (Multi-Family Dwellings Only). The proposed multi-family dwelling units can be easily adapted to accommodate a different target market if needed in the future; and
c. Multi-Generational Housing (Multi-Family Dwellings Only). The Commission must make one of the following findings:
The Housing Plan sufficiently addresses the design standards and guidelines established in this Section and will result in housing options that meet the needs of all residents, including singles, families, seniors and students; or
The applicant has established a demonstrated demand for special needs housing and the need for such housing outweighs the need for housing that supports multiple generations. If such a finding is made, the unit mix requirements of Section B.6 shall not apply.
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17. Zoning Permit Requirements. Zoning Permit applications shall include the following in addition to the requirements of Article 11:
a. A signed and sealed certification from the architect that all buildings and units that are the subject of the permit comply with the approved Housing Plan.
b. A signed and sealed certification from the project engineer and landscape architect that the site, stormwater and landscaping plans comply with the plan approved by the PZC. If a plan has been revised, a narrative description of changes shall be provided to determine whether a formal modification is required to pursuant to Article 5, Section B.9.
b. Floorplans including appropriately sized furniture in floorplans to demonstrate compliance with design standards and guidelines.
c. Detailed plans and specifications demonstrating compliance with bicycle parking requirements.
d. Final Refuse and Recycling Plan.
AFFORDABLE HOUSING
The following amendments are proposed to:
Update density bonus provisions to promote development of additional affordable units (80% of median income and below)
Clarify bonuses in exchange for financial contributions to Housing Trust Fund or eligible entity.
Exempt additional affordable and low income units provided from counting toward overall density.
PROPOSED CHANGES TO ARTICLE 10, SECTION W (AFFORDABLE HOUSING REQUIREMENTS)
Proposed Amendments to Article 10, Section W.7 (Density Bonuses) Revise Section 10.W.7 as follows:
7. Density Bonuses
Density bonuses up to five (5) dwelling units per acre shall be awarded to incentivize the development of low income and workforce housing units. All bonuses shall be calculated on a buildable acre basis as established pursuant to the allowable residential density calculations. Additional market-rate units/bedrooms authorized pursuant to this Section shall not be included in the calculation of required affordable/workforce housing units pursuant to Section 4.b. For group dwelling uses, multiply the number of additional market-rate dwelling units by four (4) to determine the additional number of bedrooms.
a. Fee-in-Lieu. A bonus of 1 dwelling unit per acre shall be provided in exchange for each donation to the Town’s Housing Trust Fund (or other entity as described in Section W.5.c) equivalent to 1% of the construction cost as calculated pursuant to Figure 10.W-1.
b. Additional income restricted units provided within the development. Figure 10.W-2 identifies density bonuses for income-restricted units that are provided in addition to the
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minimum requirements of Section W.4. These units may be provided within the development or through conversion of existing market rate units pursuant to Section W.5. In calculating these bonuses, additional income-restricted units shall not be counted toward overall density as illustrated in the sample calculation provided in Figure 10.W-3.
Figure 10.W-2: Density Bonuses for Income-Restricted Units
Type of Income-Restricted Unit Provided
Bonus Per Income-Restricted Unit Created
Low-Income Housing Unit Three (3) market-rate units Affordable Housing Unit Two (2) market-rate units Workforce Housing Unit One Half (0.5) market-rate unit
Figure 10.W-3: Sample Bonus Calculation for Additional Income-Restricted Units
The following example assumes:
The maximum density allowed prior to density bonuses for affordable units is 10 units per acre (identified at the bottom of Column A in table below).
The project site contains 10 buildable acres, for a total maximum density of 100 units.
Maximum bonus available is 5 dwelling units/acre
A B C D
Unit Type No Affordable
Housing Bonus
Additional Income-Restricted Units
Provided
Bonus Market Rate Units by
Unit Type
Total Units
Market Rate 85 135 Workforce 5 10 5 15 Affordable 10 15 30 25 Low Income 0 5 15 5 Total Units 100 30 50 180 Dwelling Units Per Acre
10 du/ac 3 du/acre 5 du/acre 18 du/ac
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PZC Regulatory Review Committee Proposed Amendments to Zoning Regulations
Draft ▪ June 23, 2020
Audrey P. Beck Building 4 South Eagleville Road, Mansfield, CT 06268 860.429.3330 mansfieldct.gov
REGULATIONS/REVISIONS INCLUDED IN THIS DRAFT Revision to SER-HO District to encourage use of multi-family standards/guidelines in
design of 8-30g projects. Revisions to RAR-90, PB and I districts to relocate density, property management, and
amenity provisions for multi-family dwellings and group dwellings from Article 7, Permitted Uses, to Article 10, Section B.
Revisions to specific provisions for the ARH, DMR and PVRA districts. Addition of specific provisions for one and two-family dwellings in the ARH, DMR, and
PVRA districts. Limit establishment of new DMR zones to expansion of existing DMR
districts/developments.
RURAL AGRICULTURE RESIDENCE DISTRICT (RAR-90)
ARTICLE 7, SECTION G.16 Revise subsection 16 as follows:
16. Multi-family dwellings, in accordance with the Design Multiple Residence (DMR) Zone standards of Article X, Section A.6Multi-Family Residential Standards of Article X, Section B and the Design Development District requirements of Article X, Section A.3 and A.4, provided that special permit approval is obtained in accordance with the provisions of Article V, Section B, and provided, further, that:
* * * * *
AGE-RESTRICTED HOUSING DISTRICT (ARH) The following amendments are proposed to:
Relocate certain standards to new Article 10, Section B to consolidate in one location with other multi-family requirements
ARTICLE 10, SECTION A.5, SPECIAL PROVISIONS FOR THE AGE RESTRICTED HOUSING (ARH) ZONE Revise as follows:
a. Water and Sewer Facilities
All proposed developments in the ARH zone must be served by public water and sewer infrastructure pursuant to the requirements established in Article 10, Section B.4.facilities or must be readily connected to such services. “Readily connected” is defined as that point in time when contracts have been let for construction of public sewer and water facilities requested for connection. A Certificate of Compliance shall not be issued until the site is connected to public water and sewer facilities.
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For the purposes of this requirement, community well water supply systems authorized, constructed and operated pursuant to the Connecticut Department of Public Health regulations are considered public water facilities.
b. Density Requirements
The proposed ARH site shall at least 5,000 square feet of area exclusive of water courses, waterbodies, inland wetland soils and slopes of fifteen (15) percent or more for each proposed dwelling unit.All residential developments in an ARH district shall meet the density requirements established for multi-family dwellings in Article 10, Section B.5.
c. Location
No site location for multi-family residences shall be approved unless it is on or within 300 feet of an arterial or collector street as set forth in these Zoning Regulations.
d. Building Height
No building shall exceed three stories or a height of 40 feet except as provided below.
e. Distance Between Structures
Except as noted below, the distance between any two structures shall be no less than the average height of both, but in no case less than fifty (50) feet. The Commission may vary this spacing requirement when it determines that such variations will enhance the design of the project without significantly affecting either emergency or solar access.
f. Parking
Required parking spaces shall not be allowed on any street or internal roadway and shall be set back a minimum of 10 feet from principal buildings. All spaces shall comply with the parking provisions of Article X, Section D and other dimensional requirements of these Regulations.
ge. Open Space/Recreational Facilities
All residential developments shall provide appropriate open space and recreation facilities as determined by the Commission pursuant to the community amenity provisions of Article 10, Section B.. At least 600 or more square feet of open space and/or recreational area shall be required for each dwelling unit in the proposed development. The appropriateness of the proposed open space and the degree of required improvement shall be tied to the size and nature of the development. For example, for projects with fifty (50) or more dwelling units, swimming pools, club houses, multi-use ball fields, tennis courts, and/or playgrounds may be required by the Commission. For smaller projects, trails, garden areas, and multi-use lawn areas may be considered adequate to meet this requirement. Detailed plans and specifications for proposed or required open space and recreational improvements shall be shown on project plans. Whenever possible and appropriate, active recreational facilities shall be screened from residences, driveways, streets, and parking areas.
h. Courtyards
Except as noted below, courts enclosed on all sides shall not be permitted and no open court shall have a length or width less than fifty (50) feet. The Commission may vary these requirements when it determines that such variations will enhance the design of the project without significantly affecting either emergency or solar access.
i. Floor Area
1. No dwelling unit shall contain less than the following minimum livable floor area:
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a. Single-family dwellings – 800 square feet
b. Two-family dwellings – 800 square feet
c. Multi-family units – 800 square feet
2. At least twenty (20) percent of the dwelling units shall be 1,400 square feet or smaller.
3. The maximum size of a unit in an Age-Restricted Housing zone shall be 2,400 square feet.
f. One-Family and Two-Family Dwellings.
a. The maximum residential density for one-family and two-family dwellings shall be the same as authorized in Article 10, Section B for multi-family dwellings in the DMR District.
b. Minimum lot size: 5,000 square feet
c. Minimum lot frontage: 50 feet
d. Minimum front setback: 60 feet for lots fronting on existing streets or abutting properties zoned RAR-90 or R-90; 25 feet all other lots.
e. Minimum side setback: 35 feet abutting properties zoned RAR-90 or R-90; 10 feet
f. Minimum rear setback: 60 feet for lots backing up to existing streets or abutting properties zoned RAR-90 or R-90; 25 feet all other lots.
g. Maximum Building Height: 2 ½ stories
h. Garages: Garages shall be located at least 10 feet behind the front plane of the house. Rear alley access is encouraged.
DESIGN MULTIPLE RESIDENCE DISTRICT (DMR) The following amendments are proposed to:
Prohibit the creation of new DMR districts; expansion of existing DMR districts would be permitted under certain conditions.
Relocate certain standards to new Article 10, Section B to consolidate in one location with other multi-family requirements
Revise or eliminate provisions related to parking location, minimum unit size, limitations on single-family dwellings, courtyards, and building separation.
ARTICLE 7, SECTION I, USES PERMITTED IN THE DMR (DESIGN MULTIPLE RESIDENCE) ZONE The uses listed below in separate categories are permitted in the Design Multiple Residence Zones, provided the site is developed and retained under single or common interest ownership, provided special permit approval is obtained in accordance with the provisions of Article V, Section B and provided the provisions of Article X, Section A are met:
1. One-family, two-family and multi-family dwellings provided on-site management shall be required for any multi-family residential development of 50 or more dwelling units.
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2. State-licensed group day care homes or State-licensed child day care centers, as defined by the State Statutes, provided the facility is not in a dwelling unit and provided special permit approval is obtained in accordance with Article V, Section B. State-licensed family day care homes are specifically authorized in Article VII, Sec. D.
ARTICLE 10, SECTION A.2, DESIGN DEVELOPMENT DISTRICTS-PROCEDURE Revise Section A.2.c as follows:
c. Zone Change/Special Application Requirements
(i) General Requirements. Where a development is proposed for property that is not appropriately designated as a Design Development District, a change in zone classification is required. In these situations a petition for zone change shall be submitted in accordance with the provisions of Article XIII. In addition to the application information required by Article XIII, all petitions to create a Design Development District shall include information supporting and justifying the zone change. Professionally prepared traffic studies, comprehensive environmental assessments and design information regarding the proposed development of the property shall be required for all applications to create or expand a Research and Development/Limited Industrial Zone. Depending on the nature of the proposed zone change, traffic studies, environmental assessments and other special reports may also be necessary components of an application to create or expand any of the other Design Development Districts. Furthermore, due to the special nature of the Age-Restricted Housing, and Designed Multiple Residence zones and its potential impact on neighboring properties and the Town, the concurrent submission of a special permit application for the proposed development of the subject property is necessary for the Commission to receive a petition to create an ARH or DMR or Zone. Due to the special nature of the SER-HO Zone, the concurrent submission of a site plan application for the proposed development of the subject property is necessary for the Commission to receive a petition to create an SER-HO Zone.
In reviewing a petition for a zone change to a Design Development District, the Commission shall evaluate, with respect to the approval criteria contained in Article XIII, all information presented during the Public Hearing process by the applicant, the public and staff members.
(ii). Special Provisions for creation of ARH, DMR and SER-HO Zones.
Due to the special nature of the Age-Restricted Housing, and Design Multiple Residence zones and its potential impact on neighboring properties and the Town, the concurrent submission of a special permit application for the proposed development of the subject property is necessary for the Commission to receive a petition to create an ARH or DMR or Zone.
Due to the special nature of the SER-HO Zone, the concurrent submission of a site plan application for the proposed development of the subject property is necessary for the Commission to receive a petition to create an SER-HO Zone.
No zone change to create a Design Multiple Residence zone shall be approved unless such new zone is contiguous to and serves as an expansion of an existing DMR zone and development.
No zone change to create an Age-Restricted Housing Zone or Designed Multiple Residence Zone shall be approved unless the concurrently submitted special permit
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application complies with all applicable standards and is therefore also approved by the Commission.
Any zone change approval to an Age-Restricted Housing or Design Multiple Residence District shall be voided if the associated special permit approval expires due to a failure to commence construction. (See Article V, Section B.7.E.)
No zone change to create an SER-HO Zone shall be approved unless the concurrently submitted site plan application complies with all applicable standards and is therefore also approved by the Commission. Any zone change approval to an SER-HO Zone shall be voided if the associated site plan approval expires due to a failure to commence construction.
ARTICLE 10, SECTION A.6, SPECIAL PROVISIONS FOR THE DESIGN MULTIPLE RESIDENCE (DMR) ZONE Revise as follows:
a. Water and Sewer Facilities
All proposed developments in the DMR Zone must be served by public water and sewer infrastructure pursuant to the requirements established in Article 10, Section B.4. facilities or must be readily connected to such services. "Readily connected" is defined as that point in time when contracts have been let for construction of public sewer and water facilities requested for connection. A Certificate of Compliance shall not be issued until the site is connected to public water and sewer facilities.
For the purposes of this requirement, community well water supply systems authorized, constructed and operated pursuant to the Connecticut Department of Public Health regulations are considered public water facilities.
b. Density Requirements
All residential developments in an ARH district shall meet the density requirements established for multi-family dwellings in Article 10, Section B.5.The proposed DMR site shall contain at least at least 5,000 square feet of area; exclusive of watercourses, waterbodies, inland wetland soils and slopes of fifteen (15) percent or more for each proposed dwelling unit.
c. Location
No site location for multi-family residences shall be approved unless it is on or within 300 feet of an arterial or collector street as set forth in these Zoning Regulations. Locations that serve as buffers between Business or Industrial zones and Residence zones are preferable sites.
d. Building Height
No building shall exceed three stories or a height of 40 feet except as provided below.
e. Floor Area
No dwelling unit shall contain less than the following minimum livable floor area:
For three rooms or less 475 square feet
For each additional room 125 square feet
f. Distance Between Structures
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Except as noted below, the distance between any two structures shall be no less than the average height of both, but in no case less than fifty (50) feet. The Commission may vary this spacing requirement when it determines that such variations will enhance the design of the project without significantly affecting either emergency or solar access.
g. Parking
Required parking spaces shall not be allowed on any street or internal roadway and shall be set back a minimum of 10 feet from principal buildings. All spaces shall comply with the parking provisions of Article X, Section D. and other dimensional requirements of these Regulations.
he. Open Space/Recreational Facilities
All residential developments shall provide appropriate open space and recreation facilities as determined by the Commission pursuant to the community amenity provisions of Article 10, Section B.. At least 600 or more square feet of open space and/or recreational area shall be required for each dwelling unit in the proposed development. The appropriateness of the proposed open space and the degree of required improvement shall be tied to the size and nature of the development. For example, for projects with fifty (50) or more dwelling units, swimming pools, club houses, multi-use ball fields, tennis courts, and/or playgrounds may be required by the Commission. For smaller projects, trails, garden areas, and multi-use lawn areas may be considered adequate to meet this requirement. Detailed plans and specifications for proposed or required open space and recreational improvements shall be shown on project plans. Whenever possible and appropriate, active recreational facilities shall be screened from residences, driveways, streets, and parking areas.
i. Courtyards
Except as noted below, courts enclosed on all sides shall not be permitted and no open court shall have a length or width less than fifty (50) feet. The Commission may vary these requirements when it determines that such variations will enhance the design of the project without significantly affecting either emergency or solar access.
j. Housing Unit Mix Requirements
In addition to addressing the design standards of Article X, Section R, all residential development subject to this provision are encouraged to provide for a mix of housing types, sizes, and designs. Although, two-family, multi-family and a limited number of single family dwellings may be authorized within any development or sub-phase thereof due to Mansfield's limited availability of public sewer and water service, no more than twenty (20) percent of the units shall be in two-family and single family dwellings. Row houses or townhouses with more than two dwelling units per structure shall be considered multi-family dwellings. In addition, no more than twenty-five (25) percent of the dwelling units shall exceed 2,400 square feet of livable floor area.
f. One-Family and Two-Family Dwellings.
a. The maximum residential density for one-family and two-family dwellings shall be the same as authorized in Article 10, Section B for multi-family dwellings in the DMR District.
b. Minimum lot size: 5,000 square feet
c. Minimum lot frontage: 50 feet
d. Minimum front setback: 60 feet for lots fronting on existing streets or abutting properties zoned RAR-90 or R-90; 25 feet all other lots.
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e. Minimum side setback: 35 feet abutting properties zoned RAR-90 or R-90; 10 feet
f. Minimum rear setback: 60 feet for lots backing up to existing streets or abutting properties zoned RAR-90 or R-90; 25 feet all other lots.
g. Maximum Building Height: 2 ½ stories
h. Garages: Garages shall be located at least 10 feet behind the front plane of the house. Rear alley access is encouraged.
PLEASANT VALLEY RESIDENCE AGRICULTURE (PVRA) The following amendments are proposed to:
Relocate certain standards to new Article 10, Section B to consolidate in one location with other multi-family requirements
Revise provisions related to single-family dwellings to authorize single-family dwellings at the same density as multi-family dwellings.
ARTICLE 7, SECTION K, USES PERMITTED IN THE PVRA (PLEASANT VALLEY RESIDENCE/AGRICULTURE) ZONE (LAND SOUTH OF PLEASANT VALLEY ROAD AND WEST OF MANSFIELD CITY ROAD) Revise Subsections 3.a and 3.b (Categories of Permitted Uses in the Pleasant Valley Residence/Agriculture Zone Requiring Special Permit Approval), as follows:
a. Two family and multiMulti-family dwellings in accordance with the standards contained in Article X, Sections A and B. provided on-site management shall be required for any multi-family residential development of 50 or more dwelling units.
b. Single Family and Two family dwellings provided, provided the dwellings are directly associated with a multi-family housing development and specifically authorized by the Commission due to specialized situations where site characteristics limit the ability to appropriately locate two-family or multi-family dwellings. All all applicable provisions of Article X, Section A shall are be met.
ARTICLE 10, SECTION A.9, SPECIAL PROVISIONS FOR THE PLEASANT VALLEY RESIDENCE/AGRICULTURE (PVRA) ZONE Revise as follows:
a. Water and Sewer Facilities
Except as noted below, all proposed All developments in the PVRA zone must be served by public water and sewer facilities infrastructure pursuant to the requirements established in Article 10, Section B.4.or must be readily connected to such services. “Readily connected” is defined as that point in time when contracts have been let for construction of public sewer and water facilities requested for connection. A Certificate of Compliance shall not be issued until the site is connected to public water and sewer facilities. Article VII Section K.2.b. authorizes the commission to waive this requirement.
For the purposes of this requirement, community well water supply systems authorized, constructed and operated pursuant to the Connecticut Department of Public Health regulations are considered public water facilities.
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b. Agricultural Land Preservation Requirements
Pursuant to the Plan of Conservation and Development recommendations, the Commission shall have the authority to require up to thirty-five (35) percent of the prime agricultural acreage on a subject property to be permanently preserved for agricultural use. This agricultural dedication provision may be addressed prior to any development, in association with an initial development phase or incrementally, over a series of phases or developments. However, in applying this provision, cumulatively no more than forty (40) percent of the prime agriculture acreage of a property in existence at the time this regulation is adopted shall be required to be permanently preserved for agricultural use.
As utilized in this provision, prime agricultural acreage shall be those areas that have been cultivated or otherwise used for agricultural purposes and/or those areas with soils that are classified as “prime agricultural” by the Natural Resources Conservation Service. The Commission shall have final approval of the location of the agricultural acreage to be preserved. All property owners and prospective developers are encouraged to work with the Commission to identify an appropriate location(s) for preserved agricultural land, including other land in the Pleasant Valley area under the control of the applicant.
In identifying agricultural land for preservation, the Applicant and Commission shall consider whether:
the land will retain agricultural value;
the agricultural use of the land would complement existing and proposed land uses;
the agricultural use of the land would enhance adjacent and nearby agricultural land; and
the agricultural use of the land would conflict with existing and planned uses on adjacent properties .
Based on information reviewed prior to the adoption of this regulation, the following area should be considered a priority for agricultural land preservation:
Land immediately south of Pleasant Valley Road between Mansfield City Road and the Flood Hazard Zone containing Conantville Brook.
To ensure the permanent preservation of designated agricultural land, conservation easements, approved by the Commission, shall be filed on the Land Records. While not required, the Commission shall have the authority to recommend and facilitate the transfer of agricultural land to the Town of Mansfield or an acceptable organization dedicated to agricultural preservation. Agricultural easement areas shall be monumented with iron pins and Town Conservations easement markers shall be placed every 50 to 100 feet around the perimeter boundary of the easement area. The Town Markers shall be placed on trees, fences, four (4) inch cedar posts or other structures acceptable to the Commission.
c. Residential Developments.Compliance with provisions for the Design Multiple Residence Zone (See Article X. Section A.6)
1. Single-Family and Two-Family Dwellings.
a. The maximum residential density for single-family and two-family dwellings shall be the same as authorized in Article 10, Section B for multi-family dwellings in the PVRA District.
b. Minimum lot size: 5,000 square feet
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c. Minimum lot frontage: 50 feet
d. Minimum front setback: 60 feet for lots fronting on Pleasant Valley Road and Mansfield City Road; 25 feet all other lots.
e. Minimum side setback: 10 feet
f. Minimum rear setback: 60 feet for lots backing up to Pleasant Valley Road and Mansfield City Road; 25 feet all other lots.
g. Maximum Building Height: 2 ½ stories
h. Garages: Garages shall be located at least 10 feet behind the front plane of the house. Rear alley access is encouraged.
2. Multi-family All proposed residential developments in the PVRA zone shall comply with the requirements of Article 10, Section B.comply with the density, building height, floor area, distance between structures, parking, courtyards, and housing unit mix provisions for the Design Multiple Residence Zone (see Article X. Section A.6.). Additional density will be considered based on the proposed development plan and provision of affordable housing in excess of minimum requirements established pursuant to Article X, Section W.
13. Student Housing Restrictions
Housing designed primarily for student occupancy shall not be authorized in this district due to potential neighborhood compatibility issues.
24. Age Restricted Housing
Due to the proximity of commercial and health care services in southern Mansfield and the adjacent Town of Windham and due to the physical characteristics of the Pleasant Valley Residence Agriculture Zone, Age Restricted Housing developments are specifically encouraged and allowed within this district. For age restricted developments the special floor area provisions for the Age Restricted Housing Zone shall apply (see Article X. Section A.5. i) in addition to the requirements for the DMR zone noted in subsection (c), above.
35. Open Space/Recreation Facilities
At least 600 square feet of open space and/or recreational area shall be required for each dwelling unit in the proposed development. This requirement may be satisfied through the preservation of agricultural land pursuant to subsection 9(b). If the area preserved for agricultural use meets or exceeds the minimum open space requirement per dwelling unit, no additional open space or recreational facilities shall be required other than the open space provided through building separation and site landscaping regulations.
d. PVRA Design Criteria
To promote the retention and enhancement of the agricultural and scenic character of the Pleasant Valley Residence Agriculture Zone, all new developments shall be designed to preserve and, as appropriate, enhance existing views and vistas from adjacent and nearby roadways and neighboring properties. Developments consisting of more than one structure shall exhibit a high degree of coordination in site planning, architectural design, site design and site detailing. All physical components shall be designed to complement an overall plan. In addition to addressing all applicable provisions of the Architectural and Design
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Standards contained in Article X, Section R of these regulations, all development shall address the following design criteria:
1. In the event the area zoned Pleasant Valley Residence Agriculture situated south of Pleasant Valley Road is developed in more than one phase or by more than one developer, all design components (including site layout, building layout and building design, and landscaping, lighting and other site improvements) shall be compatible and designed to complement an overall plan. To help ensure compliance with this requirement, the Commission shall have the authority to require the submission of a conceptual master plan when a proposed development would result in the division or resubdivision of a tract or parcel of land existing at the time these regulations were adopted into three (3) or more parts or lots for the purpose, whether immediate or future, of sale or building development, excluding development for municipal, conservation or agricultural purposes. When required, the conceptual master plan shall be submitted in association with a pending special permit or subdivision application and shall include:
a. Areas under common ownership at the time these regulations were adopted. If the application includes a resubdivision as described above, the plan shall address how the proposed development will be compatible with development on the lot previously divided;
b. Depiction of future parcels, buildings, roadways/driveways, walkways, service areas, public sewer and water lines, storm water facilities, agricultural preservation areas and other site development components; and
c. Associated design guidelines for the entire area.
The Commission shall have the right to approve conditions regulating the development of future phases and ensuring that this provision has been addressed.
2. All new buildings and structures and all associated parking, loading and waste disposal or storage areas shall be located a minimum of two hundred (200) feet from Pleasant Valley Road and appropriately screened. The Commission shall have the right to reduce this locational requirement based on individual site characteristics, the specific proposed use and the specific development design. This locational requirement is designed to help preserve existing agricultural land immediately south of Pleasant Valley Road (see Section 9.b) and to minimize incompatible visual impacts, particularly from Pleasant Valley Road, Mansfield City Road north of Pleasant Valley Road and from Stearns Road.
3. New buildings shall be designed to minimize mass by utilizing smaller visual components through the use of projections, recesses, varied façade treatments, varied roof lines and pitches, and where appropriate, variations in building materials and colors;
4. Site specific landscape and lighting plans shall be designed by qualified professionals and implemented to reduce visual impact, minimize light spill (undesirable light that falls outside the area of intended illumination) and promote compatibility with neighboring agricultural and residential uses.
SOUTH EAGLEVILLE ROAD-HOUSING OPPORTUNITY DISTRICT (SER-HO)
The following amendments are proposed to:
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Encourage the use of the provisions contained in Article 10, Section B related to design of multi-family residential developments.
ARTICLE 10, SECTION A.12, SPECIAL PROVISIONS FOR THE SOUTH EAGLEVILLE ROAD HOUSING OPPORTUNITY (SER-HO) ZONE Add new subsection (k) and renumber existing subsections (k) and (l):
k. Multi-family developments in the SER-HO district are encouraged to follow the provisions of Article 10, Section B related to unit mix, site layout and design; community amenities, building design, unit design, bicycle parking, and recycling/solid waste disposal.
PLANNED BUSINESS 1 (PB-1) The following amendments are proposed to:
Relocate density, density bonus and community amenity requirements to new Article 10, Section B to consolidate in one location with other multi-family requirements.
ARTICLE 7, SECTION L, USES PERMITTED IN THE PLANNED BUSINESS 1 ZONE (ROUTE 195/ROUTE 6 AREA) Revise Category O as follows:
o. Category O
Multi-family dwellings provided the requirements of Article 10, Section B are met and the following conditions are met:
1. Nono site location shall be approved unless it fronts on an arterial road and takes access from an arterial road.
2. Multi-family developments must be served by public water and sewer facilities or must be readily connected to such services. "Readily connected" is defined as that point in time when contracts have been let for construction of public sewer and water facilities requested for connection. A Certificate of Compliance shall not be issued until the site is connected to public water and sewer facilities.
3. Residential density (not including density bonuses): Up to fifteen (15) dwelling units per acre of land exclusive of watercourses, waterbodies, inland wetland soils and slopes of fifteen (15) percent or more.
4. If any of the following improvements are provided, density bonuses of up to five (5) dwelling units per acre for multi-family dwellings may be awarded. These bonuses are separate and distinct from density bonuses awarded pursuant to Article 10, Section W.7 for affordable housing. All bonuses shall be calculated on a buildable acre basis as established pursuant to the maximum density calculations.
a. Community Amenities Available to the Public. Projects that include community facilities that are available for use by the general public, such as recreational facilities, public parks or meeting space, shall be eligible for a density bonus of up to two (2) dwelling units per acre. Said amenities shall not be counted toward the community amenity requirements for the development.
b. Off-Site Connections and Related Improvements. Projects that include pedestrian connections, such as public sidewalks and trails, to key employment, service and/or
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recreation areas, shall be eligible for a density bonus of up to two (2) dwelling units per acre. Sidewalks provided along the frontage of the subject property shall not be eligible for a density bonus under this provision.
c. Structured Parking. Projects that provide structured parking to satisfy some or all of the required parking shall receive a density bonus of 2 dwelling units per buildable acre for every one-hundred parking spaces provided in parking structures, up to a maximum of four (4) additional dwelling units per acre.
d. Sustainability Provisions. Projects that include energy efficient design and building materials that satisfy the minimum requirements of Energy Star Certification shall receive a density bonus of two (2) dwelling units per acre.
5. On-site management shall be required for any multi-family residential development of 50 or more dwelling units.
6. Community amenities shall be provided at a level appropriate to the overall size of the project. Recreational amenities may include swimming pools, clubhouses, fitness rooms, recreational rooms, bicycle parking facilities, tennis courts, playgrounds and similar facilities. For smaller projects, trails, garden areas, and multi-use lawn areas may be considered adequate to meet this requirement. Detailed plans and specifications for proposed recreational amenities shall be shown on project plans.
PLANNED BUSINESS 2 (PB-2) The following amendments are proposed to:
Link mixed-use development provisions in the PB-2 district to the multi-family residential development provisions of Article 10, Section B.2.
ARTICLE 7, SECTION M, USES PERMITTED IN THE PLANNED BUSINESS 2 ZONE (ROUTE 195/DOG LANE AREA) Revise Category N as follows:
n. Category N
Mixed-use projects consisting of one or more of the uses permitted in the Planned Business 2 zone and multi-family housing, provided that the site is served by adequate public sewers and public waterthe requirements of Article 10, Section B are met.
PLANNED BUSINESS 3 (PB-3) The following amendments are proposed to:
Relocate density, density bonus and community amenity requirements to new Article 10, Section B to consolidate in one location with other multi-family requirements.
ARTICLE 7, SECTION N, USES PERMITTED IN THE PLANNED BUSINESS 3 ZONE (ROUTE 195/ROUTE 44 FOUR CORNERS AREA) Revise Category N as follows:
n. Category N
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Multi-family dwellings provided the requirements of Article 10, Section B are met and the following conditions are met:
1. Nono site location shall be approved unless it fronts on and takes access from an arterial road.
2. Multi-family developments must be served by public water and sewer facilities or must be readily connected to such services. "Readily connected" is defined as that point in time when contracts have been let for construction of public sewer and water facilities requested for connection. A Certificate of Compliance shall not be issued until the site is connected to public water and sewer facilities.
3. Residential density (not including density bonuses): Up to fifteen (15) dwelling units per acre of land exclusive of watercourses, waterbodies, inland wetland soils and slopes of fifteen (15) percent or more, provided that the total number of bedrooms per acre does not exceed thirty (30).
4. If any of the following improvements are provided, density bonuses of up to eight (8) dwelling units per acre for multi-family dwellings may be awarded, provided that the total number of bedrooms per acre that are awarded for density bonuses does not exceed fifteen (15). These bonuses are separate and distinct from density bonuses awarded pursuant to Article 10, Section W.7 for affordable housing. All bonuses shall be calculated on a buildable acre basis as established pursuant to the maximum density calculations.
a. Community Amenities Available to the Public. Projects that include community facilities that are available for use by the general public, such as recreational facilities, public parks or meeting space, shall be eligible for a density bonus of up to three (3) dwelling units per acre, provided that the total number of bedrooms per acre that are awarded for such density bonus does not exceed six (6). Said amenities shall not be counted toward the community amenity requirements for the development.
b. Off-Site Connections and Related Improvements. Projects that include pedestrian connections, such as public sidewalks and trails, to key employment, service and/or recreation areas, shall be eligible for a density bonus of up to three (3) dwelling units per acre, provided that the total number of bedrooms per acre that are awarded for such density bonus does not exceed six (6). Sidewalks provided along the frontage of the subject property shall not be eligible for a density bonus under this provision.
c. Structured Parking. Projects that provide structured parking to satisfy some or all of the required parking shall receive a density bonus of three (3) dwelling units per buildable acre for every one-hundred parking spaces provided in parking structures, up to a maximum of six (6) additional dwelling units per acre provided that the total number of bedrooms per acre that are awarded for such density bonus does not exceed twelve (12).
d. Sustainability Provisions. Projects that include energy efficient design and building materials that satisfy the minimum requirements of Energy Star Certification shall receive a density bonus of three (3) dwelling units per acre, provided that the total number of bedrooms per acre that are awarded for such density bonus does not exceed six (6).
5. On-site management shall be required for any multi-family residential development of 50 or more dwelling units.
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6. Community amenities shall be provided at a level appropriate to the overall size of the project. Recreational amenities may include swimming pools, clubhouses, fitness rooms, recreational rooms, bicycle parking facilities, tennis courts, playgrounds and similar facilities. For smaller projects, trails, garden areas, and multi-use lawn areas may be considered adequate to meet this requirement. Detailed plans and specifications for proposed recreational amenities shall be shown on project plans.
PLANNED BUSINESS 4 (PB-4) The following amendments are proposed to:
Relocate density, density bonus and community amenity requirements to new Article 10, Section B to consolidate in one location with other multi-family requirements.
ARTICLE 7, SECTION O, USES PERMITTED IN THE PLANNED BUSINESS 4 ZONE (NORTH EAGLEVILLE RD./KING HILL RD. AREA)
Revise Category K as follows:
k. Category K
Multi-family dwellings and Group Dwellings provided the requirements of Article 10, Section B are met. the following conditions are met:
1. Multi-family and Group Dwelling developments must be served by public water and sewer facilities or must be readily connected to such services. "Readily connected" is defined as that point in time when contracts have been let for construction of public sewer and water facilities requested for connection. A Certificate of Compliance shall not be issued until the site is connected to public water and sewer facilities.
2. Residential density (not including density bonuses) shall be as follows:
a. Multi-family Dwellings: 100 dwelling units per acre of land exclusive of watercourses, waterbodies, inland wetland soils and slopes of fifteen (15) percent or more.
b. Group Dwellings: 400 bedrooms per acre of land exclusive of watercourses, waterbodies, inland wetland soils and slopes of fifteen (15) percent or more. Up to 25% of bedrooms may be occupied by two people.
3. If any of the following improvements are provided, density bonuses of up to ten (10) dwelling units per acre for multi-family dwellings or twenty (20) bedrooms per acre for Group Dwellings may be awarded. These bonuses are separate and distinct from density bonuses awarded pursuant to Article 10, Section W.7 for affordable housing. All bonuses shall be calculated on a buildable acre basis as established pursuant to the maximum density calculations.
a. Community Amenities Available to the Public. Projects that include community facilities that are available for use by the general public, such as recreational facilities, public parks or meeting space, shall be eligible for a density bonus of up to two (2) dwelling units per acre or four (4) bedrooms per acre. Said amenities shall not be counted toward the community amenity requirements for the development.
b. Off-Site Connections and Related Improvements. Projects that include pedestrian connections, such as public sidewalks and trails, to key employment, service and/or
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recreation areas, shall be eligible for a density bonus of up to two (2) dwelling units per acre or four (4) bedrooms per acre. Sidewalks provided along the frontage of the subject property shall not be eligible for a density bonus under this provision.
c. Structured Parking. Projects that provide structured parking to satisfy some or all of the required parking shall receive a density bonus of 2 dwelling units per buildable acre or four (4) bedrooms per acre for every one-hundred parking spaces provided in parking structures, up to a maximum of four (4) additional dwelling units per acre or eight (8) additional bedrooms per acre.
d. Sustainability Provisions. Projects that include energy efficient design and building materials that satisfy the minimum requirements of Energy Star Certification shall receive a density bonus of two (2) dwelling units per acre or four (4) bedrooms per acre.
4. On-site management shall be required for any multi-family residential development of 50 or more dwelling units and Group Dwelling developments of 100 or more bedrooms.
INSTITUTIONAL (I) The following amendments are proposed to:
Relocate density, density bonus and community amenity requirements to new Article 10, Section B to consolidate in one location with other multi-family requirements.
ARTICLE 7, SECTION X, USES PERMITTED IN THE INSTITUTIONAL ZONE
Revise subsection 4 as follows:
4. Single-family, two-family, multi-family housing and group dwellings provided the requirements of Article 10, Section B are met and following conditions are met and provided special permit approval is obtained in accordance with Article V, Section B.:
a. Multi-family and Group Dwelling developments must be served by public water and sewer facilities or must be readily connected to such services. "Readily connected" is defined as that point in time when contracts have been let for construction of public sewer and water facilities requested for connection. A Certificate of Compliance shall not be issued until the site is connected to public water and sewer facilities.
b. Residential density (not including density bonuses) shall be as follows:
Multi-family Dwellings: 100 dwelling units per acre of land exclusive of watercourses, waterbodies, inland wetland soils and slopes of fifteen (15) percent or more.
Group Dwellings: 400 bedrooms per acre of land exclusive of watercourses, waterbodies, inland wetland soils and slopes of fifteen (15) percent or more. Up to 25% of bedrooms may be occupied by two people.
c. If any of the following improvements are provided, density bonuses of up to ten (10) dwelling units per acre for multi-family dwellings or twenty (20) bedrooms per acre for Group Dwellings may be awarded. These bonuses are separate and distinct from density bonuses awarded pursuant to Article 10, Section W.7 for affordable housing. All bonuses shall be calculated on a buildable acre basis as established pursuant to the maximum density calculations.
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Community Amenities Available to the Public. Projects that include community facilities that are available for use by the general public, such as recreational facilities, public parks or meeting space, shall be eligible for a density bonus of up to two (2) dwelling units per acre or four (4) bedrooms per acre. Said amenities shall not be counted toward the community amenity requirements for the development.
Off-Site Connections and Related Improvements. Projects that include pedestrian connections, such as public sidewalks and trails, to key employment, service and/or recreation areas, shall be eligible for a density bonus of up to two (2) dwelling units per acre or four (4) bedrooms per acre. Sidewalks provided along the frontage of the subject property shall not be eligible for a density bonus under this provision.
Structured Parking. Projects that provide structured parking to satisfy some or all of the required parking shall receive a density bonus of 2 dwelling units per buildable acre or four (4) bedrooms per acre for every one-hundred parking spaces provided in parking structures, up to a maximum of four (4) additional dwelling units per acre or eight (8) additional bedrooms per acre.
Sustainability Provisions. Projects that include energy efficient design and building materials that satisfy the minimum requirements of Energy Star Certification shall receive a density bonus of two (2) dwelling units per acre or four (4) bedrooms per acre.
d. On-site management shall be required for any multi-family residential development of 50 or more dwelling units and Group Dwelling developments of 100 or more bedrooms.
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Planning and Zoning Commission Regulatory Review Committee
July 14, 2020
Virtual Meeting https://townhallstreams.com/stream.php?location_id=69&id=30823 Mansfield, CT
Page 1
DRAFT MINUTES
Members Present: P. Aho, V. Ward, L. Cooley, K. Rawn, R. Hall
Staff Present: L. Painter, J. Kaufman, J. Woodmansee
CALL TO ORDER AND ROLL CALL Aho called the meeting to order at 3:00 p.m.
MINUTES Ward MOVED, Rawn seconded approval of the June 23, 2020 minutes as presented. Motion PASSED unanimously.
OPPORTUNITY FOR PUBLIC COMMENT • Jane Moskowitz expressed concern that while previous discussions had indicated the
provisions related to kitchen design would be guidelines, they appeared to be requirements in the latest draft.
• David Fresk concurred with Mrs. Moskowitz’s comments, suggesting that the provisions be relocated from section on standards to the section on guidelines.
• Chase Powell expressed concern with the new open space provisions contained in Section 6d, indicating that the provisions will force the use of building types such as townhomes that would result in lower density, eliminate usefulness of density bonuses, and increase cost, all of which is contrary to the discussions the committee has been having with regard to equity.
• Stephen Moriak, Dwell Design Studio, noted that the proposed open space provisions are contrary to good urban form and will result in multiple fenced areas between the unit entry and the street; furthermore, a 100 square foot balcony would result in reduction of daylight into the unit assuming a 10 by 10 dimension.
• Mrs. Moskowitz also expressed concern with the impact of the proposed unit open space provisions on the ability for a developer to do a mixed-use project, which was a desire of the Commission and the safety of features such as balconies and patios in a college setting.
REVISIONS TO ZONING AND SUBDIVISION REGULATIONS
Proposed Multi-Family Residential Regulations Painter reviewed the changes made to the draft based on comments received at the last meeting. Members discussed:
• Need to ensure that regulations are not too restrictive, particularly with regard to the new open space provisions. Suggestions included reducing the amount of open space from
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100 to 50 square feet and modifying the associated language to reduce the potential for multiple private fenced areas.
• Painter noted that with the changes to the language on the kitchen provisions, those provisions should be moved to the guidelines section. Rawn expressed concern with regard to the ability to enforce guidelines.
• Eliminating the design guidelines and focusing on objective design standards. This change in approach would also provide the ability to eliminate the special permit in the Planned Business and Institutional Districts and shift to a site plan approval based on compliance with the regulations. Given the significant change this approach would represent, the Chair opened the meeting to accept additional comments from the public. The following comments were received:
o Chase Powell expressed significant concern with the delays associated with a change in approach and starting from scratch after months of working through the current draft. They cannot begin to design until they understand the regulations.
o Stephen Moriak noted that the proposed regulations are acceptable with the exception of the open space provisions discussed earlier in the meeting and expressed a preference that the Committee focus on revising that section rather than starting over.
o Jane Moskowitz expressed concern that developers would drop projects and leave Mansfield if these regulations are not resolved and indicated that she had spoken with other Town officials who shared her concerns.
o David Fresk also noted that they were on-hold with design until the regulations are completed. He expressed an interest in seeing the process accelerated.
• Members questioned how quickly revised standards could be drafted and the need to not let the perfect become the enemy of the good. Rawn also expressed concern that if the Commission did not pursue a change to site plan approval at this time, it might never happen. Painter noted that she would consult with the Town’s consultant for the zoning rewrite to determine estimated timing for revisions to the draft regulations for the Committee/Commission’s consideration.
• Members concurred that they were ready to discuss the draft regulations, including a possible change in approach, with the Commission. Staff will place on the July 20, 2020 PZC agenda for discussion.
Compact Residential Districts Painter provided an overview of the draft concept for changes to the DMR district and establishment of a Housing Opportunity District and Compact Residential District. Members generally concurred with the approach; however, Aho noted that the potential application of the district should be expanded to a larger distance from the UConn campus. Discussion of the concepts/approach will be placed on the agenda at the PZC’s August meeting.
FUTURE MEETINGS The next meeting of the Regulatory Review Committee is scheduled for July 28, 2020.
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ADJOURNMENT The meeting adjourned at 4:23 p.m.
Respectfully Submitted:
Linda M. Painter, AICP Director of Planning and Development
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Planning and Zoning Commission Regulatory Review Committee
June 23, 2020
Virtual Meeting https://townhallstreams.com/stream.php?location_id=69&id=30125 Mansfield, CT
Page 1
MINUTES
Members Present: P. Aho, V. Ward, L. Cooley (2:04 p.m.), K. Rawn,
Staff Present: L. Painter, J. Kaufman,
CALL TO ORDER AND ROLL CALL Aho called the meeting to order at 2:03 p.m.
MINUTES Ward MOVED, Rawn seconded approval of the June 2, 2020 Special Meeting minutes as presented. Motion PASSED unanimously.
Cooley arrived at 2:04 p.m., just after the vote on minutes was taken.
OPPORTUNITY FOR PUBLIC COMMENT Robert Corbett, Executive Director for University Planning, Design and Construction at the University of Connecticut addressed the Committee with regard to proposed changes to multi-family housing regulations using a 5-slide powerpoint presentation that was uploaded to the packet prior to the meeting. Comments addressed provisions related to density, minimum unit size requirements, unit types and design, amenity space, bicycle parking, and storage requirements.
REVISIONS TO ZONING AND SUBDIVISION REGULATIONS
Proposed Multi-Family Residential Regulations Painter walked members through the latest draft of the multi-family regulations. Members recommended the following changes based on their review and the comments received at the beginning of the meeting:
• Establish density requirements for the PB-2 district that are consistent with the density of the SC-SDD district.
• Diversify the types of units offered to increase attractiveness to families/households by adding requirements for inclusion of certain types of units (townhouse, cottage, etc.) for projects on sites of a certain size.
• Add the following to the “family-friendly” requirements provisions that 25% of units must meet: hierarchy of bedroom size with at least one bedroom larger than the others and an entrance that provides direct access to the exterior of the building (i.e. not off of an internal corridor).
• Referring the regulations to the Transportation Advisory Committee with regard to appropriateness of the bicycle parking requirements.
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Proposed Changes to Other Zoning Districts Painter also reviewed proposed changes to other zoning districts, most of which consolidated multi-family provisions in the new Article 10, Section B. Members concurred with the elimination of certain requirements, and discussed the need to repurpose/redesign the DMR District to accommodate other compact residential uses while limiting multi-family to specific areas.
FUTURE MEETINGS A special meeting will be scheduled for the week of June 29th to review changes based on the Committee’s discussion with the goal of having a draft ready for a Commission workshop on July 6, 2020.
ADJOURNMENT The meeting adjourned at approximately 3:57 p.m.
Respectfully Submitted:
Linda M. Painter, AICP Director of Planning and Development
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Planning and Zoning Commission Regulatory Review Committee
June 2, 2020
Virtual Meeting https://townhallstreams.com/stream.php?location_id=69&id=29872 Mansfield, CT
Page 1
MINUTES
Members Present: P. Aho, V. Ward, L. Cooley, K. Rawn
Members Absent: R. Hall
Staff Present: L. Painter, J. Kaufman (2:14-2:44 p.m.), J. Woodmansee
CALL TO ORDER AND ROLL CALL Aho called the meeting to order at 2:00 p.m.
MINUTES Ward MOVED, Cooley seconded approval of the May 1, 2020 minutes as presented. Motion PASSED unanimously.
PUBLIC COMMENT Due to the technical nature of the discussion and comments, Aho agreed to let members of the public comment on specific draft provisions as they were discussed by the Committee. Members of the public providing comments as part of the discussion were: Stephen Moriak, David Fresk, Chase Powell and Jay Williams.
REVISIONS TO ZONING AND SUBDIVISION REGULATIONS
Proposed Multi-Family Regulations Painter walked Commission members through the draft of multi-family regulations revised to 6/2/2020, which was based on discussion held and feedback received from the public at the May 1, 2020 meeting. The following is a summary of the discussion, recommendations and comments received by subsection number for the proposed Article 10, Section B. For ease of use, the discussion has been ordered by section number and not in the order comments/discussion occurred.
• Section 2.c. Members questioned whether there are any provisions in the draft regulations that should be applied to group dwellings. Staff to review.
• Section 6. Aho noted that the revisions appeared to eliminate all references to children and requested that children/family be worked in to language so as not to send the message that children were not welcome.
• Section 6.a.1. S. Moriak questioned the applicability of the exterior amenity space requirements; staff will work to clarify language.
• Section 6.a.3. Painter suggested adding playgrounds as an example of an outdoor amenity to respond to Aho’s concern regarding need to encourage child/family friendly amenities.
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• Section 6.a.5. Ward requested that the language be revised to more clearly state that the provision only applies if communal storage rooms are provided.
• Section 7.a.1. Members requested that the reference to child crossing areas be retained and the description of exterior amenity areas be revised to including play areas.
• Section 8.a.2. S. Moriak indicated that the building code already has minimum noise mitigation requirements and that there are ways other than insulation to achieve those standards. Based on this input, members recommended deletion of this requirement.
• Section 8.a.3. S. Moriak provided input with regard to confusion caused by mixing standards and guidelines, industry standards and measurements, complexity of linear feet of cabinets/drawers, and challenges with demonstrating compliance with these standards at the time of special permit review, when final design has not yet been done. These comments were echoed by C. Powell and J. Williams, particularly with regard to the expense of completing detailed designs prior to knowing whether a special permit would be approved. D. Fresk suggested changing linear feet of cabinets calculation to linear feet of upper/lower cabinets. S. Moriak expressed concern that such a change would limit flexibility to meet changing kitchen design standards (such as provision of open shelving instead of cabinets.) Based on the feedback received, members recommended the following changes:
o Remove reference to “guidelines” and use “sample” or “example” to reduce confusion regarding the dimensional provisions included in Figure 10.B-1
o Delete minimum walkway/aisle width from table
o Delete requirement that countertops be a minimum of 24 inches deep and change measurement to minimum square feet of countertop space, not linear feet.
o Change linear feet of cabinets/drawers to linear feet of upper and lower cabinets and revise numbers accordingly; include a provision that wall mounted upper cabinets should be at least 50% of length of base cabinets/countertop.
o Make a 30 inch wide stove/oven the standard for all unit types
o Change Pantry Closet to include pantries built into cabinetry.
o Revise Housing Plan and Zoning Permit requirements to clarify the level of detail required at each stage. For example, the Housing Plan should identify the minimum standards that will be used for kitchen features in each unit that will need to be included in the final design submitted for Zoning Permit approval.
• Section 8.a.4. Members expressed a preference for the alternate storage requirements proposed by staff that would require more bulk storage area for larger units. S. Moriak questioned the change from sq. foot calculations to cubic foot calculations, as cubic feet of storage area is not typically included in the level of design completed at the special permit stage. To address this concern, the sections on Housing Plan and Zoning Permit requirements will be revised to establish the level of detail required at each phase. Members also recommended allowing 30% of the bulk storage requirement of any unit to be provided in a communal storage area.
• Section 8.a.5. Delete entry requirements.
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• Section 8.a.7. Consider providing a density bonus for developments that exceed the minimum 25% requirement for family-friendly features contained in Section 8.a.7.
• Section 8.b.1. Delete reference to Figure 10.B-2 (which is no longer included in the draft)
• Section 8.b.10. Correct numbering (jumps from 7 to 10)
• Section 8.b.13. C. Powell expressed concern that this would not be possible for units fronting on a street; members concurred with deleting this guideline.
• Section B.12. Revise Housing Plan to address level of detail required (see kitchen and storage requirements as example)
• Correct numbering of Approval Considerations and Zoning Permits
• Section B.13. Revise Zoning Permit requirements to address level of detail required.
FUTURE MEETINGS Painter reviewed two alternate summer meeting schedules prepared for the Committee’s consideration.
Ward MOVED, Cooley seconded adoption of Option B to revise the Committee’s meeting schedule starting June 23 and ending September 22nd. No meeting would be held on June 9th.
Motion PASSED unanimously.
ADJOURNMENT The meeting adjourned at approximately 3:45 p.m.
Respectfully Submitted:
Linda M. Painter, AICP Director of Planning and Development
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Planning and Zoning Commission Regulatory Review Committee
May 1, 2020
Virtual Meeting https://townhallstreams.com/stream.php?location_id=69&id=28990 Mansfield, CT
Page 1
MINUTES
Members Present: P. Aho, V. Ward, K. Rawn
Members Absent: L. Cooley, R. Hall
Staff Present: L. Painter, J. Woodmansee
CALL TO ORDER AND ROLL CALL Aho called the meeting to order at 9:10 a.m. Due to the COVID-19 crisis, this meeting was held as a web-based virtual meeting to slow the spread of the virus.
MINUTES Rawn MOVED, Ward seconded approval of the April 27, 2020 minutes as presented. Motion PASSED unanimously.
PUBLIC COMMENT • Marty Hirschorn noted that he is a member of the Economic Development Commission
but was addressing the Committee as an individual. Mr. Hirschorn addressed the proposed multi-family housing regulations and expressed concern that proposed standards S12-S22 would have a chilling effect on the development of new multi-family housing, overall housing affordability and revitalization of the Four Corners area.
• Beverly Sims noted that she is a member of the Town/University Relations Committee but was addressing the Committee as an individual. Ms. Sims addressed the proposed multi-family housing regulations and expressed concern regarding the financial health of Mansfield given recent large projects and the need for substantial development to offset the cost to individual taxpayers. Ms. Sims also noted that while many would prefer to have senior and family oriented housing, the market in Mansfield is for student-oriented housing. She also expressed concern that the proposed regulations would add significant cost to multi-family development and suggested that the Committee find more creative ways to address concerns.
• Todd Friedland addressed the Committee and expressed concern that the proposed regulations would discourage development in Mansfield and noted that there are no storage requirements for builders of single-family homes.
• Jane Moskowitz and David Fresk were present, but indicated they had no comments to offer.
• The following representatives for Haven Campus Communities and Dwell Design Studio were allowed to present their suggested edits to the draft multi-family housing regulations during the Committee discussion period: Jay Williams, Chase Powell, and Steve Moriak.
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REVISIONS TO ZONING AND SUBDIVISION REGULATIONS
Proposed Multi-Family Residential Regulations Steve Moriak of Dwell Design Studio took the lead in presenting Haven Campus Communities/Dwell Design Studios proposed edits to the draft regulations. Members asked questions during the presentation to further understand the background of the proposed edits.
At the conclusion of the presentation and discussion, members asked staff to prepare a revised draft of the regulations for discussion at the next meeting on May 15, 2020.
FUTURE MEETINGS Staff noted that due to current virtual meeting limitations, the Committee’s regular meeting time of 5:30 p.m. on the second and fourth Thursday evenings for June through September would not be possible. Members present identified that an afternoon meeting Monday-Thursday would be possible. Staff will check with absent members and draft a revised schedule for adoption at the next meeting.
ADJOURNMENT The meeting adjourned at approximately 10:28 a.m.
Respectfully Submitted:
Linda M. Painter, AICP Director of Planning and Development
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Planning and Zoning Commission Regulatory Review Committee
April 17, 2020
Virtual Meeting https://townhallstreams.com/stream.php?location_id=69&id=28646
Page 1
MINUTES
Members Present: P. Aho, V. Ward, L. Cooley, K. Rawn, R. Hall (joined meeting at approximately 8:55 a.m.)
Staff Present: L. Painter, J. Kaufman, J. Woodmansee
CALL TO ORDER AND ROLL CALL Aho called the meeting to order at 8:31 a.m.
MINUTES Ward MOVED, Cooley seconded approval of the April 3, 2020 minutes as presented. Motion PASSED unanimously.
PUBLIC COMMENT Jane Moskowitz noted her April 15, 2020 correspondence and asked whether members had an opportunity to read it before the meeting otherwise she would like to read it into the record. After members indicated that they had read the letter; Ms. Moskowitz concluded her comments.
Painter also noted that a communication was received from Steven Ferrigno in his individual capacity as a resident, not on behalf of any commissions/committees on which he serves. Members asked Painter to summarize his letter, which she did as part of the discussion on proposed multi-family regulations.
REVISIONS TO ZONING AND SUBDIVISION REGULATIONS
Proposed Multi-Family Regulations Hall joined the meeting at approximately 8:55 a.m.
Aho invited representatives from Haven Campus Communities and their architect, Dwell Design Studio, to address their concerns with the draft regulations. Jay Williams and Chase Powell of Haven Campus Communities and Stephen Moriak of Dwell Design Studio reviewed their concerns and questions regarding the regulations, including questions posed in an April 16, 2020 email from Mr. Moriak. David Fresk of The Shepard Company also provided feedback on the draft regulations as part of the discussion. Fresk specifically requested that Standards 12 through 22 be eliminated.
The following is a summary of comments received:
• Potential impact on cost of development, which would increase rental prices for the units
• Potential impacts on project viability
• Need for clear, objective standards that are easy to understand and apply.
• Concern that guidelines and standards are too specific and do not leave the flexibility needed to deal with different sites; for example, the King Hill/North Eagleville Road area is very different than the Four Corners.
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• Need for clarification on applicability of design guidelines and standards to studio and 1-bedroom units.
• Question as to why a unit mix had been established instead of leaving it to the market to determine.
• Concern that the minimum number of required family-friendly units exceeds not only local demand but that of large metropolitan areas and questions as to whether any market research was conducted to arrive at that requirement.
• Proposal that purpose-built student housing should be considered multi-generational housing requirements.
• Concern with excessive storage requirements that would be extremely costly, add tens of thousands of square feet to a development, and are not needed based on their experience in developing multi-family housing.
• Need for clarification on what would be considered “age-appropriate” equipment and if there were other ways to address recreational amenities that would serve multiple age groups. Also concerned that regulations are too specific and may be requiring equipment/amenities that would be limited to families with children and would not be useful for other age groups. Would prefer amenities that offer flexibility and that can be used by multiple age groups.
• Concern that the guidelines and standards do not reflect current desires and expectations of tenants and the ways in which lifestyles have changed over time (for example, desire for parity in numbers of bedrooms/bathrooms; en-suite bathrooms; use of breakfast bar for dining instead of dining table, etc.)
Potential Short Term Amendments (In Advance of Rewrite) Painter provided an overview of updates to the draft amendments (version dated 4-17-2020) related to efficiency units, home occupations, accessory structures, parking, historic villages, and stormwater management and noted that an additional tweak was needed to the draft language regarding the dimensional exception for school parking lots to address unusual right-of-way conditions.
By consensus, members recommended that the proposed amendments (with the change noted by Painter) be forwarded to the full Commission to schedule a public hearing.
FUTURE MEETINGS Painter requested guidance from members to help staff prepare for the next meeting with regard to multi-family housing regulations. Members discussed:
• Need for information on multi-family market and design trends-what tenants are seeking in today’s market;
• Need to provide additional clarity in regulations and reduce ambiguity;
• Need to revise storage requirements based on concerns raised by presenters and public comments received;
• Opportunities for balance and compromise given real concerns regarding impact on leasing while still having units that are viable for other demographics.
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• Desire for tours/additional information on the projects referenced in Steve Ferrigno’s letter; and
• Interest in hearing from other developers of traditional multi-family housing.
Painter will explore the possibility of scheduling a presentation from another multi-family developer for the next meeting to help members understand current market expectations.
ADJOURNMENT The meeting adjourned at approximately 10:19 a.m.
Respectfully Submitted:
Linda M. Painter, AICP Director of Planning and Development
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Planning and Zoning Commission Regulatory Review Committee
April 3, 2020
Virtual Meeting https://townhallstreams.com/stream.php?location_id=69&id=28422
Page 1
MINUTES
Members Present: P. Aho, V. Ward, L. Cooley, K. Rawn
Staff Present: L. Painter, J. Kaufman, J. Woodmansee
CALL TO ORDER AND ROLL CALL Aho called the meeting to order at 9:01 a.m. Due to COVID-19 social distancing restrictions, the meeting was held as a web-based virtual meeting.
MINUTES Rawn MOVED, Cooley seconded approval of the February 26, 2020 minutes as presented. Motion PASSED unanimously.
OPPORTUNITY FOR PUBLIC COMMENT Aho noted that while the Committee does not normally accept verbal comments during the meeting, an exception was made for this meeting to test the systems being developed by the Town IT staff to accept public comment in a virtual meeting format.
David Fresk of The Shepard Company indicated that he was on the line; he did not have any specific comments to make.
REVISIONS TO ZONING AND SUBDIVISION REGULATIONS Painter provided an overview of the changes made to the 4/3/2020 draft of short-term amendments and the 4/3/2020 draft of amendments related to stormwater management. Members discussed the following:
• Accessory Dwelling Units.
o Leaving the definition of Accessory Dwelling Unit as drafted and not expanding the term to include uses other than single-family dwellings at this time.
o Reviewing proposed water/wastewater language with EHHD prior to finalizing.
o Concern with overcrowding if there is no limit on the number of children under 18 that could live in the unit with a legal guardian. Members discussed the possibility of limiting total occupancy based on the square footage of the unit. Staff will check with Building Official on building code occupancy standards.
o Changing frequency of owner occupancy certification from two years to five years
• Parking for Schools. Members suggested limiting the proposed exception for parking in required setback areas to the front yard setback.
• Stormwater Management.
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o Whether Town could require compliance with the CTDEEP stormwater manual (Painter to verify document name). Painter and Kaufman noted that this issue had been reviewed with the Acting Town Engineer and that continuing to use the guidelines established in the document was important as each site is different.
o Support for language added related to a financial penalty for failure to maintain a stormwater system (150% of cost to Town to conduct maintenance/make repairs). Members expressed interest in making sure that all costs to the Town were accounted for (staff time/costs, etc.). Staff will review provision with Town Attorney to determine if this approach is feasible.
Painter asked members for specific comments on proposed multi-family housing regulations, noting that staff was still waiting for Town Attorney input as requested by the Committee. Aho noted that he thought S21 should be changed from a minimum of 2 bathrooms for a 3 bedroom unit to a maximum of 2 bathrooms. Painter also noted that she had received correspondence from a prospective developer expressing concern that the proposed regulations did not reflect current market trends. Members expressed an interest in hearing from the development community while they are working on the regulations to understand concerns. Rawn emphasized the need for developers to provide evidence in support of any assertions that the proposal is not realistic or needs to be significantly revised. Painter will advise the developer interested in providing comment of the Committee’s next meeting.
FUTURE MEETINGS The next meeting is scheduled for April 17th and will be held using a virtual meeting format as CDC COVID-19 social distancing guidelines remain in place for the month of April.
ADJOURNMENT The meeting adjourned at approximately 9:49 a.m.
Respectfully Submitted:
Linda M. Painter, AICP Director of Planning and Development
Page 78 of 150
Planning and Zoning Commission Regulatory Review Committee
February 26, 2020
Conference Room A Audrey P. Beck Municipal Building 4 So. Eagleville Road, Mansfield, CT
Page 1
MINUTES
Members Present: P. Aho, L. Cooley, K. Rawn
Staff Present: L. Painter, J. Kaufman (departed at 6:00 p.m.)
CALL TO ORDER AND ROLL CALL Aho called the meeting to order at 5:03 p.m.
MINUTES Rawn MOVED, Cooley seconded approval of the February 21, 2020 minutes as presented. Motion PASSED unanimously.
REVISIONS TO ZONING AND SUBDIVISION REGULATIONS Members discussed drafts of the following potential short-term amendments to the Zoning Regulations.
Stormwater Management Members reviewed the draft dated February 26, 2020 and expressed concern that the lien provisions of the proposed maintenance agreement could serve as an incentive for property owners to forgo maintenance and let the Town step in. Staff will explore ways to provide disincentives for such behavior, such as adding language regarding zoning violations/enforcement actions and penalties. Members also identified the need for there to be a cost associated with the staff review of annual reports; this is something that would need to be addressed by the Town Council.
Multi-Family Residential Members reviewed the draft dated February 26, 2020 and discussed:
• The need for the applicability to renovation projects to be more clearly defined;
• Elimination of the requirement related to minimum number of 1-bedroom or studio units;
• Clarifying requirements related to the number of 2 and 3 bedroom units;
• Changing the term multi-generational housing to be clear that we are not expecting multiple generations to live in a single unit;
• Whether the “multi-generational” standards for all units with two or more bedrooms should only be applied to a percentage of those size units instead of all; and
• Limiting the number of bathrooms in 2 and 3 bedroom units to 2 ½ baths.
As the digital packet was updated to include the draft regulations shortly before the meeting, members agreed that they needed to take time to read and fully digest the initial draft. Cooley requested that staff seek input from the Town Attorney as to whether there is anything in the proposal that would be legally problematic.
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Affordable Housing Staff distributed a draft of proposed amendments to the Affordable Housing bonus section and reviewed it with members. Members concurred with the proposed changes; staff noted the need to change the title of subsection 7.a from “Fee-in-Lieu” to “Housing Trust Fund.”
FUTURE MEETINGS The next regular meeting is scheduled for 9:00 a.m. on Friday, March 6th.
ADJOURNMENT The meeting adjourned at approximately 6:39 p.m.
Respectfully Submitted:
Linda M. Painter, AICP Director of Planning and Development
Page 80 of 150
Planning and Zoning Commission Regulatory Review Committee
February 21, 2020
Conference Room A Audrey P. Beck Municipal Building 4 So. Eagleville Road, Mansfield, CT
Page 1
MINUTES
Members Present: P. Aho, V. Ward, L. Cooley, K. Rawn
Staff Present: L. Painter, J. Kaufman
CALL TO ORDER AND ROLL CALL Aho called the meeting to order at 9:03 a.m.
MINUTES Ward MOVED, Rawn seconded approval of the December 6, 2019 and February 7, 2020 minutes as presented. Motion PASSED unanimously.
REVISIONS TO ZONING AND SUBDIVISION REGULATIONS
Short Term Amendments Painter reviewed the initial draft of short-term amendments related to efficiency dwelling units (accessory dwelling units), home occupations, accessory structures, parking, and historic villages. Members suggested the following changes:
Limiting the size of accessory dwelling units to 50% of the livable floor area of the principal dwelling or 1,000 square feet, whichever is less.
Adding language on water/wastewater to regulations on accessory dwelling units. Allowing children under the age of 18 to live in an accessory dwelling unit in addition to a
maximum of 2 adults. Adding a definition of transient overnight accommodations to the home occupation
session
Members also discussed additional short-term amendments based on staff recommendations, including amendments related to family-friendly housing requirements; reviewing density bonus provisions for affordable housing including whether the current bonuses provide benefit and considering the addition of bonuses for units at 80% of median income; and revisions to the stormwater requirements to address long-term maintenance.
After reviewing a summary of the differences between purpose-built student housing and family-friendly multi-family housing, members indicated that amendments to address family-friendly housing needs were their top priority on the list of short-term amendments and expressed a desire to move forward quickly with drafting proposed amendments for consideration by the Commission.
FUTURE MEETINGS Painter will work to schedule a special meeting for the week of February 24th to review initial drafts of short term amendments related to family-friendly housing.
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Page 2
ADJOURNMENT The meeting adjourned at approximately 10:37 a.m.
Respectfully Submitted:
Linda M. Painter, AICP Director of Planning and Development
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PZC Regulatory Review Committee Proposed Amendments to Zoning Regulations
Draft ▪ February 21, 2020
Audrey P. Beck Building 4 South Eagleville Road, Mansfield, CT 06268 860.429.3330 mansfieldct.gov
FAMILY FRIENDLY HOUSING
During the February 18, 2020 PZC meeting, members raised several questions during a pre-application meeting with regard to how the prospective developer would make the project appealing to families, including questions on unit size/breakdown, amenities, and potential for restricting some portion of the units to non-students.
In response to the concerns raised, staff has started researching how other communities are addressing differences between conventional multi-family and purpose built student housing. Preliminary research indicates the following characteristics of purpose built student housing that differ from conventional multi-family units:
• Smaller units and larger common areas designed to promote socialization/spend more time outside of their home as opposed to the privacy desired by residents in conventional multi-family units.
• Less storage space as most students are leaving many of their belongings at home and only bringing what they need for school
• Smaller kitchens • 1:1 ratio of bedrooms to bathrooms • Lease by bedroom instead of bathroom • Bedrooms with individual door locks • Lease terms aligned with academic year • Combination of traditional and student-friendly amenities: Study rooms, swimming pools,
game rooms, exercise rooms, barbeque areas
These differences present concerns with future of such developments should the student population/demand decrease in the future, as the floorplans and amenities are not necessarily appealing to a broader demographic. While Mansfield has limited the size of multi-family units (number of bedrooms) in certain districts by virtue of our family definition, that definition alone will not ensure a diverse population or units that are appealing to students, families and professionals.
Family-Sized, Family-Friendly Housing In 2014, the Seattle Planning Commission produced “Family-Sized Housing: An Essential Ingredient to Attract and Retain Families with Children in Seattle.” This white paper identified elements specific to supporting housing for families as well as specific recommendations. This report addressed elements of family-friendly housing at both the micro (project) and macro (neighborhood/community) scales. One of the most significant recommendations related to unit design was that the City adopt a formal definition of family-sized housing and family-friendly buildings. An excerpt of that recommendation is attached for review. In summary, it identifies the need for units with multiple bedrooms that also include private gathering spaces such as dining rooms, studies as well as access to outdoor play and recreation space where children can be easily supervised. For a development to be considered family-friendly, a critical mass of units would need to be family sized. Affordability of family-sized units would also need to be considered.
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Traditional Apartments vs. Purpose Built Student Housing The below comparison of traditional apartments versus purpose built student housing units was taken from a powerpoint presentation at the Georgia Planning Association Fall Conference (2018): The Student Housing Conundrum: Balancing Need with Community Implications. As shown in the floorplans, traditional units typically have more common gathering spaces within the unit such as dining areas and studies in addition to a living room, whereas the purpose built student units are design with a sole common living space in conjunction with a small kitchen.
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Mansfield RRC Special MeetingMulti-Family Housing
University of ConnecticutUniversity Planning, Design & ConstructionJune 23, 2019
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Comments (General)
1
• Vision and Market: Downtown Storrs vs Townhouses
• Density
• Exterior entry versus Interior Double-Loaded Corridor
• Minimum Unit Sizes
• Storage
• Outdoor amenities
• Hierarchy of Bedroom Sizes
• Unit Layouts
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Vision, Market, Density and Entries
2
Downtown Storrs4 Stories of Housing37 units per sited acre(35 units per total acres)
Current: 23 units per total acres (up to 46 units per sited acre)
Eagleville Green2 Story Townhouses14 units per sited acre(9 units per total acres)
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Minimum Unit Sizes, Storage and Outdoor Amenities
3
MANSFIELD, CT (DMR) NEW YORK CITY (2018 Aff. Housing) PORTLAND, OR (2020)
Studio 400 sf Studio 400 sf Studio 600 sf
1 Bedroom 400 sf 1 Bedroom 575 sf 1 Bedroom 800 sf
2 Bedroom 550 sf 2 Bedroom 775 sf 2 Bedroom 1,000 sf
3 Bedroom 700 sf 3 Bedroom 950 sf 3 Bedroom 1,200 sf
Bikes & Storage Bikes: 90% Outdoor Bikes & Storage 200 sf Indoor/ Bikes & Storage 2,000 sf Indoor/Various Storage Building Building
Outdoor Amenity Space:600 sf/unit
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Unit and Bedroom Layouts
4Question: Is this a multi‐family unit or astudent housing unit?
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PZC Regulatory Review Committee Town of Mansfield 4 South Eagleville Road Storrs, CT 06268 Thank you again for taking a moment to read my letter. Before I get started, I’ll insert the standard disclaimer that I’m the Chair of the EDC, on the Mansfield School Building Committee, on the Board of Mansfield Discovery Depot and on various other local boards and committees not directly a part of the Town of Mansfield. I am writing this letter on behalf of myself, a lifelong resident of this town and local business owner, not on behalf of any board or committee on which I sit. Again, if the situation were different I would have endeavored to attend your meeting however given work and childcare constraints I’m writing this letter to express my views as you work to refining our multi-family housing regulations. Thank you for all the work you are doing on behalf of our town. I know you are trying to create the groundwork for the best Mansfield we can achieve. I did watch your meeting from two weeks ago in its entirety and was pleased to see you found some benefit in my initial letter. I’m writing again today to hopefully also provide some additional perspective as you work through your proposed regulation changes. First with regards to the unit layouts, I did come up with two other multi-family housing properties that were recently built, very beautifully done and were multi-generational in their approach. My grandmother moved into one in South Kingstown RI called the Harbor Village Apartments in their South County Commons development (had a small shopping area adjacent and a full movie theater). https://www.harborvillageapts.net/ They addressed storage by having large walk-in closets in the bedrooms which serve a dual purpose, bulk storage if needed or just really nice, spacious walk-in closets if the tenants don’t have tons of possessions weighing them down. One of the developers on the call two weeks ago made a point on multi-purposed or multi-functional spaces, I think there is a lot to be said for that. The other complex that came to mind was the one my wife's grandmother moved in (briefly) in North Andover Massachusetts called Berry Farms. https://www.berryfarmsapartments.com/ Also not a college town, and she also was 90+. She rented a 3rd floor unit (building had an elevator) and while I didn't see any of the larger units, her 1-bedroom unit had a small kitchen, a good size living room/dining room combo and a good size walk-in closet in the bedroom. If you were looking for more recently built, non-student housing ideas, I think both of these would fall into that category. Ironically, the only rental I can remember either living in, or just walking thru, that had a “storage room” in the unit was my sophomore college dorm room at Boston College (Vanderslice Hall) which had two storage rooms in an 8-person suite (4 beds, two occupants per bedroom). It was university housing, not off-campus, and I remember in ours, one of the storage rooms was turned into a bar, and a fair number of other suites (not ours) had additional beds in those storage rooms for “guests”. Definitely not what was intended. Second, I wanted to comment on the very detailed nature of the list of regulations you are considering. Clearly we need rules as to how things get developed, but I think it’s important to remember that
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every single rule you add comes with a price-tag attached. Some may be born by the developer, but most will get passed along in one way or another to the tenants. If we are trying to see more affordable pricing in our town, adding layer upon layer of rules will only increase the development costs, which in turn drives up the rent. In addition, it will price out other projects entirely, which may explain why the vast majority of what has been contemplated is student-housing oriented, that’s the most lucrative and possibly the only kind that can clear the current hurdles. It’s not that we are expressly prohibiting other types of multi-family housing, however the net effect of our regulations may be having that type of effect.
The other point I would make on this topic is to try to make sure you aren’t looking for “the opposite of
student housing”. A lot of the comments I heard at the last meeting were with respect to students
tend to want or need this, so we’re requiring the opposite - for instance en-suite bathrooms. I think
it’s a mistake to rule out amenities that students may happen like when there are other non-student
tenants who may find those amenities beneficial. In other words, I think it’s more important to make a
variety of housing, rather than anti-student housing.
I’m not anti-student-housing although that seemed to be a theme of the later part of the last meeting.
In fact, I think supporting student housing in the PB-3 zone is a very good idea especially on properties
that are not adjacent to residential neighborhoods. I also think it’s important to note that multi-family
housing is not allowed in all zones in town, primarily we are talking about PB-3 and one or two other
zones which would support it. These zones comprise a small fraction of our town, and tend to be in
areas that already have development. It seems like we should endeavor to get the highest and best
use out of these relatively few areas in town so as not to need further development elsewhere where
development would not be wanted. For example, having multi-family housing at the Four Corners, a
blighted area for decades, is absolutely more preferable than having it on Mansfield City Rd, or Bassets
Bridge Rd. I absolutely do not want development everywhere, I love the nature of our town, but I do
think we should make the best use of the relatively few areas where development makes sense.
The last topic I wanted to bring up was the economic angle. A three-bedroom unit in The Oaks in the
Storrs Downtown started out around $2,700/month when they were first built 6-7 years ago (not exact
on the price, but it was around $2,700-$2,800) and I remember looking at their website incredulously
that they would ask so much, figuring those prices would never work in our town. Looking at their
website today, that same three-bedroom unit is now $4,300+! That’s because of market demand,
there are enough market participants (tenants) who want to live there that they are able to increase
their rents more then 50% over the last 6-7 years. It’s also because supply is constrained, there isn’t
enough supply of nice, new, multi-family housing which is what the market wants now. Another
example of this is Meadowbrook Gardens on Meadowbrook Rd on the other side of town. Phase one
was so successful they went on to phases 2 and 3. The demand is there and until we meet it with
additional supply, the market pricing is going to price out families who can’t afford $4,300 per month.
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From the last meeting I gathered that the committee wanted to find regulations that would limit
student housing and encourage multi-generational housing. It reminds me a lot of the development of
the Storrs Downtown, specifically when it came to the choice of a supermarket. At the time I polled
every one of my clients, everybody I spoke with and almost without a single exception everyone
wanted either a Trader Joe’s or a Whole Foods. I relayed that information to whomever would listen at
Town Hall of the MDP, but ultimately neither Trader Joe’s or Whole Foods was interested (although I
did find out both were approached and courted). Just because we want something doesn’t mean we
can have it. There are market realities that bear tremendous influence on these decisions. I don’t
know if it’s density levels, layers of regulations, demographics or what particular reason, but there is
definitely a reason that almost entirely only student housing developers are interested in our town.
Some of the projects I mentioned in my last letter in neighboring towns had rents down in the $1,600-
$1,850 price points, so it is achievable. Truly I think the main reasons why we aren’t at those levels are
constrained supply and expensive development.
I will close with the economic reality that we are facing as a town. We have a market need for housing,
this is an undisputed fact. All you need to see is the rapidly growing rents at The Oaks for proof,
landlords can’t raise rents if the demand for apartments won’t support it. We as a town also are facing
ever-increasing costs of doing business, as are most towns. Aging schools, infrastructure, decreasing
PILOT funding, these are all realities we need to sort out. We can offset some of the burden we are
placing on single-family residential homeowners, the vast, vast majority of our Grand List, by
encouraging some multi-family housing development in very selected parts of our town. I would truly
hate to see this opportunity squandered as I absolutely believe it’s the right thing for our town,
especially when constrained to specific appropriate zones.
Thank you again for making it all the way through this long letter, and for all of your hard work in
making Mansfield a great town.
Sincerely,
Steven Ferrigno
28 Greenfield Ln, Storrs CT 06268
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1
Linda M. Painter
From: Chase Powell <[email protected]>Sent: Wednesday, April 29, 2020 5:06 PMTo: Linda M. PainterCc: Jay Williams; Stephen Moriak; Amanda RigoniSubject: FW: Mansfield Regulatory Review CommitteeAttachments: Linear Park rendering.PNG; Pool Amenity rendering.PNG; Covington Unit Plans.pdf;
East Elevation rendering.PNG; 2010 04-17 Proposed changes to Article 4 - Dwell comments.docx
Dear Linda and the Mansfield Regulatory Review Committee: Attached please find a redlined version of the proposed changes to the multifamily zoning ordinance that dwell design studio has put together. Collectively we feel these changes are much less ambiguous then the previous version of the text that Mansfield published – a point which the planner of Emeryville, CA admits to in an almost identical code. As you can see, we have endeavored to be thoughtful with our suggested adjustments in order to stay in the spirit of your original intent, while at the same time allowing for a viable project with broad appeal. Additionally, you will find the unit plans and some renderings of a market rate project we are currently underway on in Covington, GA. While we are not saying our project will necessarily look like our Covington project, it is an example of a multi-generational project that is not being marketed for students. Almost all of the units in this project have 1:1 ratio of bedrooms and bathrooms. This is something that tenants in all projects demand. To limit this parody, simply because it is also what is seen in student housing, will be a detriment to the property. If the purpose of the zoning code is to in fact attract a multitude of residents, and not just one particular demographic, then this is what the tenants want. Below are some examples we have pulled of other apartments in Connecticut that we collectively feel also have pretty good unit layouts. Example Projects: Avalon Merion Riverwalk - https://www.merionriverwalk.com/ Stamford: Vault Apartments –https://www.vaultapts.com/?utm_source=google&utm_medium=organic&utm_campaign=gmb 121 Towne - https://121towne.com/?utm_source=GoogleLocalListing&utm_medium=organic 75 Tresser - https://www.75tresser.com/?utm_source=Local%20Listings&utm_medium=referral&utm_campaign=Top%20Line%20Local If you have any additional questions, please do not hesitate to reach out to us. Regards,
Chase Powell Development Manager Haven Campus Communities 3284 Northside Parkway NW, Suite 500 Atlanta, GA 30327 770-818-4238 Office | 404-317-6161 Mobile [email protected]
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PROPOSED CHANGES TO ARTICLE 4.B, DEFINITIONS
Add new definition 21 as follows and renumber subsequent definitions accordingly:
21. Dwelling, Multi‐Family. See Residence, Multi‐Family.
PROPOSED CHANGES TO ARTICLE 10
Current Section B is reserved for future use. Establish new Section B as follows:
(As the entire section is new, it is not shown in underline format for ease of reading)
B. Special Provisions for Multi‐Family Residential Development
1. Intent. These provisions are intended to:
a. Ensure that new multi‐family residential development provides housing options that
meet the needs of all residents, including singles, families, seniors, students, and
individuals with special needs.
b. Promote vibrant neighborhoods comprised of residents of all ages, incomes, and
backgrounds.
2. Applicability
a. The requirements of this Section shall apply to:
All new multi‐family dwelling developments of 10 or more units
All new construction of 10 or more units in existing multi‐family dwelling
developments
Renovation of existing multi‐family developments to the extent practicable given
the extent of proposed renovations.
b. Where any provision of this Section conflicts with other provisions of the Zoning
Regulations, the provisions of this Section shall govern.
3. Definitions. For the purpose of this Section, the following definitions shall apply.
a. Multi‐Generational Housing. Housing designed to accommodate the needs of individuals
at all stages of the life cycle.
i. Family‐Friendly Unit. Family‐friendly units contain two or more bedrooms and
include additional features critical for families, i.e. spaces where family
members can gather for meals and other activities, and where children can play
and engage in other activities.
ii. Purpose‐built Student Housing. Housing primarily designed for and marketed to
individuals enrolled at an educational institution.
iii. Special Needs Housing. Housing designed specifically to support individuals with
special needs, such as the elderly or individuals with physical or mental
disabilities.
4. Unit Mix. Multi‐family residential developments shall comply with the following requirements
to promote multi‐generational housing unless the applicant establishes a demonstrated need
for senior or special needs housing pursuant to Section B.9:
a. At least 20% of units shall be studio or one‐bedroom units.
Moved down [1]: <#>Family‐Friendly Unit. Family‐friendly units contain two or more bedrooms and include additional features critical for families, i.e. spaces where family members can gather for meals and other activities, and where children can play and engage in other activities such as homework; easy access to outdoor play and recreation space, and sufficient storage space.¶
Commented [SM1]: All units should be designed as multi‐generational and family friendly. We should not differentiate between the resident uses of the units.
Moved (insertion) [1]Deleted: such as homework; easy access to outdoor play and recreation space, and sufficient storage space
Deleted: <#>¶Deleted: <#> of higher educationDeleted: <#>Characteristics of purpose‐built student housing include but are not limited to: lease terms tied to the academic year, amenities tailored to college students, individual tenant/bedroom leases as opposed to unit leases, limited kitchen and dining areas, 1:1 ratio of bedrooms to bathrooms; smaller bedrooms/ living areas; and limited bulk storage, if any.
Deleted: Special needs housing does not include purpose‐built student housing.
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b. At least 50% of all units in the development shall have two or more bedrooms.
c. At least 15% of all units in the development shall have three or more bedrooms.
5. Design Standards and Guidelines. Figure 10.B‐1 identifies applicable design standards and
guidelines based on the type of housing proposed.
Items numbered with an “S” represent a specific development standard that must be
satisfied by all development to which the standards apply.
Items numbered with a “G” represent a guideline, which are not mandatory requirements,
but provide a defined framework of the design principles that supplement the development
standards. The guidelines provide direction on the more qualitative aspects of a
development project and may be interpreted with some flexibility. The guidelines are
utilized during the review process to encourage the highest level of design quality, while
providing flexibility to encourage creativity on the part of project designers. Applicants may
propose alternatives that meet the intent of the design guideline.
Deleted: <#>All units with two or more bedrooms shall be designed as “Family‐Friendly Units” pursuant to this Section.
Deleted: <#>¶<#>A variety of unit types and designs shall be provided. Multi‐story units can be included in a larger building with single‐story units for greater diversity.¶
Deleted: <#>Multi‐Generational Housing
Deleted: <#>. Multi‐family residential developments shall be designed as multi‐generational housing unless the applicant identifies a demonstrated need for senior or special needs housing pursuant to Section B.9.¶<#>¶
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Figure 10.B‐1: Multi‐Family Residential Design Standards and Guidelines
Key: Applies ( ) May Apply ( ) Not Applicable ( )
No. Standard/Guideline Multi‐Generational
Site Layout and Design
G1 Incorporate natural features of site into design as amenities.
G2 Integrate surface stormwater features into the site design as an amenity feature.
G3 Provide focal points for units such as a central green
G4 Wherever possible, arrange parking, pedestrian circulation and building entrances so that residents and visitors are encouraged to access residential units from a street or greenway.
G5 Designate parking for accessible units near entrances and elevators.
G6 Landscape pedestrian walkways to provide attractive spaces as well as privacy while avoiding blind corners and heavy landscaping which can obstruct sightlines along pedestrian routes.
G7 Provide visual privacy between units. Where units face each other across a narrow distance, windows should be off set.
G8 Locate and design entrances, lobbies, corridors, stairwells and elevators to maximize potential for casual surveillance from units, semi‐private and public areas.
G9 Design pedestrian circulation routes that can easily be used for moving furniture and household possessions as well as circulation of people with mobility aids (wheelchairs, scooters, walkers, etc.), strollers, tricycles, bicycles and wheeled toys.
G10 In large projects (over 100 units) consider dividing the project into smaller communities centered around open space, where residents have access to common and circulation areas.
S1 Provide separation between exterior activity areas and vehicular use areas.
Recreation and Amenities
S2 Provide exterior activity areas that are safe and visible from major spaces in units, with a variety of amenities.
G11 Where property includes significant natural features, consider incorporating walkways and trails with features and overlooks. Trails should be designed to connect to other properties wherever possible.
G12 Provide outdoor communal gathering areas, including quiet passive spaces as well as active gathering spaces such as barbeque/ picnic areas and gardens.
S3 In projects with 30 or more units, provide a community multipurpose room with at least 500 square feet of space, internet access, and a restroom for parties, meetings, clubs, art, or other resident activities.
Deleted: Special Needs
Deleted: Deleted:
Deleted: Deleted:
Deleted: family‐friendly and
Deleted: Deleted:
Deleted: off‐setDeleted:
Deleted: Deleted:
Deleted: exclusive Deleted: their
Deleted:
Deleted: physical Deleted: children’s playDeleted: Deleted: ample
Deleted: play
Deleted: homes
Deleted: age‐appropriate equipment
Deleted:
Deleted: educational Deleted:
Deleted: for people of all agesDeleted:
Deleted: kitchen facilitiesDeleted: , Deleted: homework
Deleted: computer access,
Deleted:
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S4 Additional amenity spaces will be required for projects of 100 units or greater. Amenities will be designed to provide for all residents to use..
S5 Provide in‐unit or common laundry areas. Common laundry areas should have ADA accessible access, and be located on each floor or near a common gathering space.
S6 Provide solid waste and recycling pursuant to Section 10.B.7.
S7 Provide bicycle parking pursuant to Section 10.B.8.
S8
Building Design
G13 Incorporate multiple building types in the overall design.
G14 Where structured parking is used, wrap structures with buildings.
G15 Design a portion of the ground level frontage to be residential units or other active uses with direct unit entries to the street. Alternatively, articulate ground‐floor residential building facades to differentiate individual residential units from each other and from the overall massing of the building in order to express a rhythm of individual units along the street.
G16 Design ground floor units to maximize views of the street from the interiors of units while minimizing views into units from the street.
G17 Provide visual interest and improve quality of life for inhabitants through the use of features such as stoops, porches, recessed windows, bay windows and balconies.
G18 Incorporate architectural features and materials that ensure high‐quality, human‐scale, distinctive design that is comfortable and attractive to residents. Consider vaulted ceilings; arches; corner treatments; window, façade and roof proportions.
S9 Whenever possible, in buildings with double‐loaded corridors, unit doorways shall be offset to avoid visual and acoustical intrusion.
G19 In corridors serving six or more units, define entries through lighting and recessed spaces.
G20 Provide ADA accessible access from units to exterior common open space and wherever possible, provide for natural light into corridors and stairs with views to the exterior.
G21 Corridors should be wide enough to allow for people to circulate past each other with mobility aids as well as allow for circulation around items temporarily left in the hall (such as tricycles, wheeled toys).
G22 Units should be located and designed to minimize noise intrusion from surrounding development while maximizing natural light and ventilation.
G23 Situate as many units as possible adjacent to open spaces designed and landscaped to create active areas and opportunities for gathering and quiet respite.
Deleted: may
Deleted: shall Deleted: of all ages and interestsDeleted: Examples include but are not limited to: active recreation such as swimming pools, tennis/basketball courts, workshop/hobby spaces, libraries, play rooms with toys for children of varying ages, teen lounge, additional community multi‐purpose rooms, and communal kitchens and dining areas.
Deleted:
Deleted: convenient Deleted: Common laundry areas should also be designed to accommodate individuals with physical limitations.
Deleted:
Deleted: Deleted: Provide a minimum of 1 short term and 1 long‐term bicycle parking space for every 10 units. Other than number, all other requirements of Section 10.B.8 shall apply.
Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted:
Commented [SM8]: Design needs this flexibility for when it cannot be done.
Deleted: IDeleted: Deleted: Deleted: efficient Deleted: Deleted:
Deleted: Family‐Friendly u
Deleted: See Figure 10.B‐2 for example of desirable design approach.
Deleted:
Deleted: Family‐Friendly
Deleted: play Deleted:
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S10 Provide ADA accessible access from each building to active areas that minimizes the need to cross a parking area or driveway. Where such crossing is required, use pavement type, markings, and signage to demarcate a pedestrian crossing area.
Unit Design‐All Units
G24 Design units to allow residents to age in place.
G25 Maximize ventilation and sunlight by providing multiple exposures and shallow unit depths as much as possible. Place living areas along exterior walls and place bath and storage along interior walls.
G26 Take advantage of views and natural light, particularly for living areas, by providing areas of glazing looking onto streets, yards and other exterior spaces. Provide shading on south and west exposures.
G27 Maintain a sense of privacy from within housing units while allowing views onto streets and exterior courtyards.
G28 Consider the layouts of adjacent units to ensure that bedrooms are not adversely impacted by proximity to neighboring living areas.
G29 Provide sufficient insulation in common walls between units and around shared common areas (Sound Class of 55 decibels recommended) and in floors between units to reduce minimize noise transmission into dwelling units (Impact Isolation Class of 55 decibels recommended).
S11 Provide kitchens and appliances sized appropriately for the unit type. Elements to consider include appliance size/capacity, walkway/aisle width, clear countertop frontage, linear feet of cabinet/drawer frontage, and designated food pantry space.
S12 Provide a minimum of 100 square feet of bulk storage for 2‐bedroom units and larger. Linen, utility, clothing and pantry closets may be counted as bulk storage spaces for the purpose of this requirement. At least 50% of the bulk storage requirement shall be provided in the unit.
S13
S14
G30 In‐unit storage should be located close to the front entry.
G31 Storage spaces should be of sufficient dimensions to accommodate large household items such as mobility aids (wheelchairs, scooters, walkers, etc.) strollers, wheeled toys, suitcases, sports equipment and holiday decorations.
G32 Communal storage rooms shall be on an ADA accessible access path and have sturdy, lockable, individual storage areas.
S15 Main unit entry doors shall not enter directly into a kitchen or living room.
G33 Indoor space should be provided where items will not obstruct circulation.
Deleted: safe Deleted: pedestrian Deleted: play
Deleted: /childDeleted:
Deleted: Deleted:
Deleted: large Deleted:
Deleted: Deleted: Deleted: G29 Deleted:
Deleted: assuming residents cook at home for most meals.
Deleted:
Deleted: studio units and 1‐bedroom units and 200 square feet of bulk storage for
Deleted: shall not Deleted:
Deleted: At least 50% of the bulk storage requirement shall be provided in the unit for one bedroom units and larger.
Deleted: Deleted: The bulk storage requirement must be met within ... [1]Deleted: .Deleted: Deleted: Deleted: Deleted: in easily
Deleted: , secure area of the building Deleted: , full height, Deleted: lockers
Deleted:
Deleted: Unit Design‐Family Friendly Units (2 or more ... [2]Deleted: Front Deleted: enter into a transitional space such as an ... [3]Deleted: Deleted: near the entry for furniture, shelves, tricycles, ... [4]Deleted: parked Deleted:
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S16 Units shall include closets and cabinets for storage of clothing, linens, food, and storage.
S17 The living area shall have space for seatingand circulation.
S18 The dining area shall have space for seating and circulation.
G34 Provide space that can be used for multiple purposes and be able to adapt to the needs of the resident.
G35 Separate sleeping areas from living areas.
S19 A minimum of one master suite (with en‐suite bathroom) shall be provided.
S20 Second and third bedrooms shall have access to a bathroom. These bedrooms shall be large enough to accommodate a single bed, dresser, desk or table and some floor space for playing.
S21 A minimum of two full bathrooms is required in a three‐bedroom unit.
S22 Each bedroom shall have access to a full bathroom without going through the living room, dining room or kitchen.
G36 Hallways should be well‐lit and wide enough to accommodate those with mobility aids.
G37 Where possible, provide access to private outdoor space that is a minimum of 6 feet deep by 9 feet wide.
G38 Provide windows in the living, dining or kitchen area of units overlooking communal play areas that allow for supervision of children outdoors.
G39 Design units that can easily adapt to needs of families with infants and toddlers.
6. Recycling and Solid Waste Disposal. Recycling and refuse collection service, including exterior
recycle containers, shall be provided pursuant to Sections A196‐5, A196‐6 and A196‐9 of the
Solid Waste Regulations and the following provisions.
a. Number and Size of Containers.
The number and size of refuse and recycling containers shall be approved by the
Town’s Recycling Coordinator after consultation with the Town’s contracted hauler.
Recycling containers shall be provided in an appropriate size and number for
anticipated recyclables at the property. For design purposes, it should be assumed
that the recycle containers will need to accommodate approximately 30‐40% of the
total waste generated on site.
Developments that offer a comprehensive composting program may be able to
reduce the number, size and/or frequency of service for refuse collection
containers.
b. Location of Recycling Containers. Recycling collection service shall be as convenient to
residents and tenants as refuse collection service.
Deleted: pantryDeleted: bulk Deleted: an entry coat closet, pantry, and linen closet or cabinet. Depending on dimensions, the entryway closet may be counted toward minimum in‐unit bulk storage requirements.
Deleted:
Deleted: sufficient Deleted: for all household members plus other furniture
Deleted: Deleted: sufficient Deleted: a family‐sized dining table based on unit size with all household members seated around it, plus circulation. Recommended minimums are table with four chairs for 2‐bedroom units and six chairs for 3‐bedroom units.
Deleted:
Deleted: children of different ages. Examples include toddler play areas, homework, arts and crafts, etc.
Deleted:
Deleted: Deleted: Only Deleted: Deleted: shall be smaller than the master bedroom and
Deleted: common
Deleted: Deleted: Deleted: Deleted: S23Deleted: In two bedroom and above units, aAt least one of the bathrooms shall be equipped with a bathtub and shall be of sufficient size to accommodate a parent and child at the same time.
Deleted: Deleted:
Deleted: children playing and Deleted:
Deleted: The private open space shall be designed to maximize sunlight access, safety and adaptability for a ... [5]
Deleted:
Deleted: Deleted: , such as stairs that easily accommodate toddler ... [6]Deleted: Figure 10.B‐2: Sample Unit Adjacency Diagram¶... [7]
Page 99 of 150
Should a development offer interior refuse collection containers in a centralized
location, recycle containers shall be located in the same location.
Should a development offer door‐to‐door valet refuse collection service, recycling
collection shall be provided in the same manner.
Should a building have a designated chute for refuse collection service, designated
recycling area shall be provided adjacent to the refuse chute.
Should a development offer dumpster service, a recycle dumpster shall be placed
next to the waste dumpster.
Should a development opt for compactor service, a separate recycle container shall
be placed next to the compactor.
c. Screening of Solid Waste/Recycling Containers. All solid waste and recycling containers
shall be screened by a solid fence or wall with a solid gate that is at least 1 foot taller
than the containers. Enclosure and gate size requirements will be determined based on
the size of containers and must provide for clearance around the containers for users
and the collection vehicle. Chain link fencing with vinyl slats is not an acceptable
screening type.
d. Tenant and Resident Information. Information, including the types of recyclable
materials accepted and the location of recycling containers shall be distributed to all
occupants upon move‐in along with a container for interior collection of recyclables that
is clearly marked with the universal recycling symbol.
All occupants shall be provided with updated information and instructions when
recycling services are changed.
Educational materials should also be posted in common areas such as laundry
rooms, mail areas and the main lobby or leasing office.
e. Refuse and Recycling Plan. To demonstrate compliance with this Section, a preliminary
Refuse and Recycling Plan shall be submitted with any Site Plan or Special Permit
Application required by these Regulations. The Refuse and Recycling Plan must be
finalized and approved by the Town’s Recycling Coordinator prior to issuance of a
Zoning Permit. At minimum, the Recycling Plan shall contain the following information:
Property owner and manager information
Description of proposed waste disposal and recycling services to serve the
development, including interior collection set‐up, container types and sizes, and
sample labeling.
Map identifying locations of refuse and recycling collection containers.
Calculations to support proposed container sizes.
f. Plan Updates. Upon any change in ownership, management, or recycling collection
service, an updated Recycling Plan shall be submitted to the Recycling Coordinator.
7. Bicycle Parking. At least one bicycle parking space shall be provided for every five dwelling units
pursuant to the following requirements:
a. Bicycle parking spaces shall be a minimum of six feet long and two feet wide or as
designed by the provided bicycle rack system with an ADA accessible access aisle at the
side or rear of the bike.
Deleted: chutes Deleted: complementary
Deleted: a split compactor shall be used or
Commented [SM12]: Is this done at Zoning approval or is it done at Permit approval. I am not sure the Owner will have this information complete at Zoning approval.
Commented [SM13]: Who does this calculation? The trash company?
Deleted: with a five‐foot access aisle.
Page 100 of 150
b. Areas used for bicycle parking must be well‐lit and drained to be reasonably free of mud
and standing water.
c. All bicycle racks must be:
Securely anchored;
Able to support the bicycle frame in at least two places to prevent the bicycle from
falling over;
Configured to allow locking of the frame and at least one wheel; and
Constructed of materials that resist cutting, rusting, bending or deformation.
d. A minimum of 90% of bicycle parking spaces shall meet the following requirements for
long‐term bicycle parking for building tenants:
Be provided in a well‐lit, secure location within convenient distance of a public
entrance, building lobby or other common area, such as a parking deck.
Be designed to provide continuous overhead shelter from the elements.
Examples of long‐term parking design include: bicycle lockers or rack, lockable cage
or other enclosure; or a lockable bicycle room.
Be located proximate to or in the building for which such spaces are required.
Include space for storage of longer bicycles.
e. A maximum of 10% of required bicycle parking shall meet the following requirements
for short‐term bicycle parking:
Be placed within 50 feet of, and clearly visible from, the main entrance to the use
served.
Installed a minimum of two (2) feet from any wall or other obstruction with the
exception of wall mounted bicycle racks.
Installed on a surface designed and maintained to be mud and dust free. The use of
rock or gravel areas for bicycle parking is permitted provided edging materials are
used to demarcate the bicycle parking area and contain the gravel material.
If required bicycle parking is not visible from the street or public entrance, a sign
must be posted at the public entrance indicating the location of the parking. The D4‐
3 sign of the Manual on Uniform Traffic Control Devices (MUTCD) s recommended.
f. Any required short‐term parking provided in a structure or under‐cover must be:
Provided at ground level
Provided free of charge
Clearly marked as bicycle parking
Separated from vehicle parking by a physical barrier to minimize the possibility of
parked bicycles being hit by a vehicle.
8. Housing Plan
a. Submission of Housing Plan. Any applicant for a project subject to the requirements of
this Section shall submit a Housing Plan as part of the Site Plan or Special Permit
application for the development in addition to the submission requirements of Article 5.
b. Contents of Housing Plan.
i. Narrative description of the type of housing proposed. Where a special needs
housing project is proposed, the applicant shall document the demand for such
Deleted: with a U‐lock
Deleted: family
Deleted: and trailersDeleted: The remainder
Page 101 of 150
housing and how the specific needs of that population will be supported
through the proposed design.
ii. Proposed unit mix.
iii. Floorplans including appropriately sized furniture in floorplans to demonstrate
compliance with design guidelines.
iv. Description of how the proposed development conforms to the design
standards and guidelines of this Section. Where a proposed design does not
meet recommended guideline(s) of this Section, the applicant shall articulate
the reasons for deviation and identify the alternative design approach used to
meet the intent of the guideline.
c. Modifications. Modifications to an approved housing plan may only be approved by the
PZC.
9. Approval Considerations. In approving any Site Plan or Special Permit application that is subject
to the requirements of this Section, the Commission must make the following findings, in
addition to the findings required by Article 5, Section B:
a. Overall Project Design. The proposed development complies with all development
standards identified in this Section and substantially complies with the intent of the
design guidelines established in Figure 10.B‐1.
b. Adaptability. The proposed dwelling units can be easily adapted to accommodate a
different target market if needed in the future; and
c. Multi‐Generational Housing. The Commission must make one of the following findings:
The Housing Plan sufficiently addresses the design guidelines established in this
Section and will result in housing options that meet the needs of all residents,
including singles, families, seniors and students; or
The applicant has established a demonstrated demand for special needs housing
and the need for such housing outweighs the need for housing that supports
multiple generations. If such a finding is made, the unit mix requirements of Section
B.4 shall not apply.
10. Zoning Permit Requirements. Zoning Permit applications shall include a signed and sealed
certification from the architect that all buildings and units that are the subject of the permit
meet comply with the approved Housing Plan.
Page 102 of 150
Page 5: [1] Deleted Stephen T. Moriak 4/17/2020 3:15:00 PM The bulk storage requirement must be met within the unit
Page 5: [2] Deleted Stephen T. Moriak 4/17/2020 3:22:00 PM Unit Design‐Family Friendly Units (2 or more bedrooms)
Examples of desirable / undesirable unit designs are provided in Figures 10.B‐3 and 10.B‐4
Page 5: [3] Deleted Stephen T. Moriak 4/17/2020 3:43:00 PM enter into a transitional space such as an enclosed foyer. Front entries shall
Page 5: [4] Deleted Stephen T. Moriak 4/17/2020 3:40:00 PM near the entry for furniture, shelves, tricycles, strollers, outdoor toys, etc.
Page 6: [5] Deleted Stephen T. Moriak 4/17/2020 3:32:00 PM The private open space shall be designed to maximize sunlight access, safety and adaptability for a
variety of family activities.
Page 6: [6] Deleted Stephen T. Moriak 4/17/2020 3:33:00 PM , such as stairs that easily accommodate toddler gates, no glass room dividers, and the ability to add
child safety devices or window locks to prevent toddlers from climbing out windows.
Page 6: [7] Deleted Stephen T. Moriak 4/17/2020 4:18:00 PM Figure 10.B‐2: Sample Unit Adjacency Diagram
Source: Emeryville, CA Design Guidelines, adopted 12/7/2010 and amended through 5/19/2015
Figure 10.B‐3: Examples of Undesirable Unit Designs
Source: Emeryville, CA Design Guidelines, adopted 12/7/2010 and amended through 5/19/2015
10.B‐4: Examples of Desirable Unit Designs
Source: Emeryville, CA Design Guidelines, adopted 12/7/2010 and amended through 5/19/2015
Page 103 of 150
a. Submission of Housing Plan. Any applicant for a project subject to the requirements of
this Section shall submit a Housing Plan as part of the Site Plan or Special Permit
application for the development in addition to the submission requirements of Article 5.
b. Contents of Housing Plan.
i. Narrative description of the type of housing proposed. Where a special needs
housing project is proposed, the applicant shall document the demand for such
housing and how the specific needs of that population will be supported
through the proposed design.
ii. Proposed unit mix.
iii. Floorplans including appropriately sized furniture in floorplans to demonstrate
compliance with design guidelines.
iv. Description of how the proposed development conforms to the design
standards and guidelines of this Section. Where a proposed design does not
meet recommended guideline(s) of this Section, the applicant shall articulate
the reasons for deviation and identify the alternative design approach used to
meet the intent of the guideline.
c. Modifications. Modifications to an approved housing plan may only be approved by the
PZC.
10.9. Approval Considerations. In approving any Site Plan or Special Permit application that is
subject to the requirements of this Section, the Commission must make the following findings,
in addition to the findings required by Article 5, Section B:
a. Overall Project Design. The proposed development complies with all development
standards identified in this Section and substantially complies with the intent of the
design guidelines established in Figure 10.B‐1.
b. Adaptability. The proposed dwelling units can be easily adapted to accommodate a
different target market if needed in the future; and
c. Multi‐Generational Housing. The Commission must make one of the following findings:
The Housing Plan sufficiently addresses the design guidelines established in this
Section and will result in housing options that meet the needs of all residents,
including singles, families, seniors and students; or
The applicant has established a demonstrated demand for special needs housing
and the need for such housing outweighs the need for housing that supports
multiple generations. If such a finding is made, the unit mix requirements of Section
B.4 shall not apply.
11.10. Zoning Permit Requirements. Zoning Permit applications shall include a signed and
sealed certification from the architect that all buildings and units that are the subject of the
permit meet comply with the approved Housing Plan.
Page 104 of 150
REF
DW
S1
20' - 6"
KITCHEN
BATH
CLOSET
W/D
MECH
BEDROOM
LIVING
30' -
0"
7' -
5"
9' -
1"
13' -
6"
11' - 2" 9' - 4"
6' - 3" 4' - 9" 2' - 10" 6' - 8"
16' -
6"
13' -
6"
NOTE: 50% OF S1 UNITS TO HAVE WALK OUT
BALCONY. LOCATIONS TO BE DETERMINED
ONCE SITE PLAN IS FINALIZED
COVINGTON TOWN CENTER - MULTI-FAMILY
1/4" = 1'-0"
S1
Page 105 of 150
REF
DW
A1
33' -
0"
24' - 9"
KITCHEN
CLOSET
W/D
MECH
BATH
LIVINGBEDROOM
7' -
7"
7' -
11"
13' -
0"
4' -
6"
17' -
6"
15' -
6"
LINEN
11' - 0" 13' - 9"
11' - 2" 4' - 11" 8' - 8"
NOTE: 50% OF A1 UNITS TO HAVE SHOWER AND
50% OF UNITS TO HAVE TUB / SHOWER COMBOLADY LAKE MULTI-FAMILY
1/4" = 1'-0"
A1
Page 106 of 150
REF
DW
A2
27' - 6"
33' -
0"
BEDROOM
BATH
LIVING
KITCHEN
MECH
LAUNDRY
CLOSET
14' -
6"
14' -
0"
4' -
6"
13' - 8" 13' - 10"
14' -
6"
11' -
5"
7' -
1"
FF&E ISLAND
7' - 11" 3' - 6" 4' - 9" 11' - 4"
LADY LAKE MULTI-FAMILY
1/4" = 1'-0"
A2
Page 107 of 150
REF
DW
B1
33' -
0"
33' - 7"
KITCHEN
BATH
BEDROOMBEDROOM
CLOSET
BATH
CLOSET
MECH
LAUNDRY
LIVING
14' -
4"
12' -
0"
6' -
8"
14' -
10"
11' -
2"
7' -
0"
10' - 9" 11' - 1" 11' - 9"
3' -
4"
16' -
0"
13' -
8"
7' - 0" 3' - 7" 4' - 9" 8' - 9" 9' - 6"
LADY LAKE MULTI-FAMILY
1/4" = 1'-0"
B1
Page 108 of 150
RE
F
WD
DW
B2
33' -
11 1
/2"
37' - 5 1/2"
KITCHEN
MECH
LAUNDRY
BATHCLOSET
LIVING
BEDROOM CLOSETBATH
BEDROOM
ENTRY
9' -
8 1
/2"
9' -
11"
10' -
7"
3' -
9"
13' - 0" 5' - 3" 9' - 5" 9' - 9 1/2"
11' -
3"
11' -
2"
11' -
6 1
/2"
23' - 4" 14' - 1 1/2"
5' - 9 1/4" 13' - 11 1/2" 10' - 5" 7' - 3 3/4"
MUD ROOM
LADY LAKE MULTI-FAMILY
1/4" = 1'-0"
B2
Page 109 of 150
REF
W D
DW
BEDROOMBEDROOM
BEDROOM
BATH
BATH
CLOSET
LAUNDRY
MECH
KITCHEN
MUDROOM
PANTRY
LIVING
42' - 0"
33' -
0"
C1
11' -
0"
2' -
0"
9' -
0"
11' -
0"
5' -
0"
16' -
6"
3' -
6"
5' -
0"
3' -
0"
13' - 10" 13' - 0" 7' - 6 1/2" 7' - 7 1/2"
14' -
6"
13' - 9" 13' - 3" 15' - 0"
9' - 11"
STORAGE
LADY LAKE MULTI-FAMILY
1/4" = 1'-0"
C1
Page 110 of 150
PROPOSED CHANGES TO ARTICLE 4.B, DEFINITIONS
Add new definition 21 as follows and renumber subsequent definitions accordingly:
21. Dwelling, Multi‐Family. See Residence, Multi‐Family.
PROPOSED CHANGES TO ARTICLE 10
Current Section B is reserved for future use. Establish new Section B as follows:
(As the entire section is new, it is not shown in underline format for ease of reading)
B. Special Provisions for Multi‐Family Residential Development
1. Intent. These provisions are intended to:
a. Ensure that new multi‐family residential development provides housing options that
meet the needs of all residents, including singles, families, seniors, students, and
individuals with special needs.
b. Promote vibrant neighborhoods comprised of residents of all ages, incomes, and
backgrounds.
2. Applicability
a. The requirements of this Section shall apply to:
All new multi‐family dwelling developments of 10 or more units
All new construction of 10 or more units in existing multi‐family dwelling
developments
Renovation of existing multi‐family developments to the extent practicable given
the extent of proposed renovations.
b. Where any provision of this Section conflicts with other provisions of the Zoning
Regulations, the provisions of this Section shall govern.
3. Definitions. For the purpose of this Section, the following definitions shall apply.
a. Family‐Friendly Unit. Family‐friendly units contain two or more bedrooms and include
additional features critical for families, i.e. spaces where family members can gather for
meals and other activities, and where children can play and engage in other activities
such as homework; easy access to outdoor play and recreation space, and sufficient
storage space.
a. Multi‐Generational Housing. Housing designed to accommodate the needs of individuals
at all stages of the life cycle.[SM1]
i. Family‐Friendly Unit. Family‐friendly units contain two or more bedrooms and
include additional features critical for families, i.e. spaces where family
members can gather for meals and other activities, and where children can play
and engage in other activities such as homework; easy access to outdoor play
and recreation space, and sufficient storage space.
b.
c.ii. Purpose‐built Student Housing. Housing primarily designed for and marketed to
individuals enrolled at an educational institution of higher education.
Characteristics of purpose‐built student housing include but are not limited to:
Page 114 of 150
lease terms tied to the academic year, amenities tailored to college students,
individual tenant/bedroom leases as opposed to unit leases, limited kitchen and
dining areas, 1:1 ratio of bedrooms to bathrooms; smaller bedrooms/ living
areas; and limited bulk storage, if any.
d.iii. Special Needs Housing. Housing designed specifically to support individuals with
special needs, such as the elderly or individuals with physical or mental
disabilities. Special needs housing does not include purpose‐built student
housing.
4. Unit Mix. Multi‐family residential developments shall comply with the following requirements
to promote multi‐generational housing unless the applicant establishes a demonstrated need
for senior or special needs housing pursuant to Section B.9:
a. At least 20% of units shall be studio or one‐bedroom units.
b. At least 50% of all units in the development shall have two or more bedrooms.
c. At least 15% of all units in the development shall have three or more bedrooms.
d. All units with two or more bedrooms shall be designed as “Family‐Friendly Units”
pursuant to this Section.[SM2]
e. A variety of unit types and designs shall be provided. Multi‐story units can be included in
a larger building with single‐story units for greater diversity.
5. Multi‐Generational Housing[SM3]. Multi‐family residential developments shall be designed as
multi‐generational housing unless the applicant identifies a demonstrated need for senior or
special needs housing pursuant to Section B.9.
6.5. Design Standards and Guidelines. Figure 10.B‐1 identifies applicable design standards and guidelines based on the type of housing proposed.
Items numbered with an “S” represent a specific development standard that must be
satisfied by all development to which the standards apply.
Items numbered with a “G” represent a guideline, which are not mandatory requirements,
but provide a defined framework of the design principles that supplement the development
standards. The guidelines provide direction on the more qualitative aspects of a
development project and may be interpreted with some flexibility. The guidelines are
utilized during the review process to encourage the highest level of design quality, while
providing flexibility to encourage creativity on the part of project designers. Applicants may
propose alternatives that meet the intent of the design guideline.
Page 115 of 150
Figure 10.B‐1: Multi‐Family Residential Design Standards and Guidelines
Key: Applies ( ) May Apply ( ) Not Applicable ( )
No. Standard/Guideline Multi‐Generational
Special Needs[SM4]
Site Layout and Design
G1 Incorporate natural features of site into design as amenities.
G2 Integrate surface stormwater features into the site design as an amenity feature.
G3 Provide focal points for units such as a central green
G4 Wherever possible, arrange parking, pedestrian circulation and building entrances so that residents and visitors are encouraged to access residential units from a street or greenway.
G5 Designate parking for family‐friendly and accessible units near entrances and elevators.
G6 Landscape pedestrian walkways to provide attractive spaces as well as privacy while avoiding blind corners and heavy landscaping which can obstruct sightlines along pedestrian routes.
G7 Provide visual privacy between units. Where units face each other across a narrow distance, windows should be off‐setoff set.
G8 Locate and design entrances, lobbies, corridors, stairwells and elevators to maximize potential for casual surveillance from units, semi‐private and public areas.
G9 Design pedestrian circulation routes that can easily be used for moving furniture and household possessions as well as circulation of people with mobility aids (wheelchairs, scooters, walkers, etc.), strollers, tricycles, bicycles and wheeled toys.
G10 In large projects (over 100 units) consider dividing the project into smaller communities centered around open space, where residents have exclusive access to their common and circulation areas.
S1 Provide physical separation between children’s playexterior activity areas and vehicular use areas.
Recreation and Amenities
S2 Provide ample exterior play activity areas that are safe and visible from major spaces in homes units, with a variety of age‐appropriate equipmentamenities.
G11 Where property includes significant natural features, consider incorporating walkways and trails with educational features and overlooks. Trails should be designed to connect to other properties wherever possible.
G12 Provide outdoor communal gathering areas for people of all ages, including quiet passive spaces as well as active gathering spaces such as barbeque/ picnic areas and gardens.
Page 116 of 150
S3 In projects with 30 or more units, provide a community multipurpose room with at least 500 square feet of space, internet access, kitchen facilities[SM5], and a restroom for parties, meetings, homework clubs, computer access, art, or other resident activities.
S4 Additional amenity spaces may will be required for projects of 100 units or greater. Amenities shall will be designed to provide for all residents to use.of all ages and interests. Examples include but are not limited to: active recreation such as swimming pools, tennis/basketball courts, workshop/hobby spaces, libraries, play rooms with toys for children of varying ages, teen lounge, additional community multi‐purpose rooms, and communal kitchens and dining areas.
S5 Provide in‐unit or common laundry areas. Common laundry areas should have convenient ADA accessible access, and be located on each floor or near a common gathering space. Common laundry areas should also be designed to accommodate individuals with physical limitations.[SM6]
S6 Provide solid waste and recycling pursuant to Section 10.B.7.
S7 Provide bicycle parking pursuant to Section 10.B.8.
S8 Provide a minimum of 1 short term and 1 long‐term bicycle parking space for every 10 units. Other than number, all other requirements of Section 10.B.8 shall apply.[SM7]
Building Design
G13 Incorporate multiple building types in the overall design.
G14 Where structured parking is used, wrap structures with buildings.
G15 Design a portion of the ground level frontage to be residential units or other active uses with direct unit entries to the street. Alternatively, articulate ground‐floor residential building facades to differentiate individual residential units from each other and from the overall massing of the building in order to express a rhythm of individual units along the street.
G16 Design ground floor units to maximize views of the street from the interiors of units while minimizing views into units from the street.
G17 Provide visual interest and improve quality of life for inhabitants through the use of features such as stoops, porches, recessed windows, bay windows and balconies.
G18 Incorporate architectural features and materials that ensure high‐quality, human‐scale, distinctive design that is comfortable and attractive to residents. Consider vaulted ceilings; arches; corner treatments; window, façade and roof proportions.
S9 Whenever possible[SM8], Iin buildings with double‐loaded corridors, unit doorways shall be offset to avoid visual and acoustical intrusion.
Page 117 of 150
G19 In corridors serving six or more units, define entries through lighting and recessed spaces.
G20 Provide ADA efficient accessible access from units to exterior common open space and wherever possible, provide for natural light into corridors and stairs with views to the exterior.
G21 Corridors should be wide enough to allow for people to circulate past each other with mobility aids as well as allow for circulation around items temporarily left in the hall (such as tricycles, wheeled toys).
G22 Family‐Friendly uUnits should be located and designed to minimize noise intrusion from surrounding development while maximizing natural light and ventilation. See Figure 10.B‐2 for example of desirable design approach.
G23 Situate as many Family‐Friendly units as possible adjacent to open spaces designed and landscaped to create active play areas and opportunities for gathering and quiet respite.
S10 Provide safe ADA accessible pedestrian access from each building to active play areas that minimizes the need to cross a parking area or driveway. Where such crossing is required, use pavement type, markings, and signage to demarcate a pedestrian/child crossing area.
Unit Design‐All Units
G24 Design units to allow residents to age in place.
G25 Maximize ventilation and sunlight by providing multiple exposures and shallow unit depths as much as possible. Place living areas along exterior walls and place bath and storage along interior walls.
G26 Take advantage of views and natural light, particularly for living areas, by providing large areas of glazing looking onto streets, yards and other exterior spaces. Provide shading on south and west exposures.
G27 Maintain a sense of privacy from within housing units while allowing views onto streets and exterior courtyards.
G28 Consider the layouts of adjacent units to ensure that bedrooms are not adversely impacted by proximity to neighboring living areas.
G29 G29 Provide sufficient insulation in common walls between units and around shared common areas (Sound Class of 55 decibels recommended) and in floors between units to reduce minimize noise transmission into dwelling units (Impact Isolation Class of 55 decibels recommended).
S11 Provide kitchens and appliances sized appropriately for the unit type. assuming residents cook at home for most meals. [SM9]Elements to consider include appliance size/capacity, walkway/aisle width, clear countertop frontage, linear feet of cabinet/drawer frontage, and designated food pantry space.
Page 118 of 150
S12 Provide a minimum of 100 square feet of bulk storage for studio units and 1‐bedroom units and 200 square feet of bulk storage for 2‐bedroom units and larger. Linen, utility, clothing and pantry closets may shall not be counted as bulk storage spaces for the purpose of this requirement. At least 50% of the bulk storage requirement shall be provided in the unit.
S13 At least 50% of the bulk storage requirement shall be provided in the unit for one bedroom units and larger.[SM10]
S14 The bulk storage requirement must be met within the unit[SM11].
G30 In‐unit storage should be located close to the front entry.
G31 Storage spaces should be of sufficient dimensions to accommodate large household items such as mobility aids (wheelchairs, scooters, walkers, etc.) strollers, wheeled toys, suitcases, sports equipment and holiday decorations.
G32 Communal storage rooms shall be on an in easilyADA accessible access path , secure area of the building and have sturdy, lockable, individual , full height, storage lockersareas.
Unit Design‐Family Friendly Units (2 or more bedrooms) Examples of desirable / undesirable unit designs are provided in Figures 10.B‐3 and 10.B‐4
S15 Front Main unit entry doors shall enter into a transitional space such as an enclosed foyer. Front entries shall not enter directly into a kitchen or living room.
G33 Indoor space should be provided near the entry for furniture, shelves, tricycles, strollers, outdoor toys, etc. where parked items will not obstruct circulation.
S16 Units shall include closets and cabinets for storage of clothing, linens, food pantry, and bulk storage. an entry coat closet, pantry, and linen closet or cabinet. Depending on dimensions, the entryway closet may be counted toward minimum in‐unit bulk storage requirements.
S17 The living area shall have sufficient space for seating for all household members plus other furniture and circulation.
S18 The dining area shall have sufficient space for seating and circulation. a family‐sized dining table based on unit size with all household members seated around it, plus circulation. Recommended minimums are table with four chairs for 2‐bedroom units and six chairs for 3‐bedroom units.
G34 Provide space that can be used for multiple purposes and be able to adapt to the needs of the resident.children of different ages. Examples include toddler play areas, homework, arts and crafts, etc.
G35 Separate sleeping areas from living areas.
S19 Only A minimum of one master suite (with en‐suite bathroom) shall be provided.
S20 Second and third bedrooms shall be smaller than the master bedroom and shall have access to a common bathroom. These
Page 119 of 150
bedrooms shall be large enough to accommodate a single bed, dresser, desk or table and some floor space for playing.
S21 A minimum of two full bathrooms is required in a three‐bedroom unit.
S22 Each bedroom shall have access to a full bathroom without going through the living room, dining room or kitchen.
S23 In two bedroom and above units, aAt least one of the bathrooms shall be equipped with a bathtub and shall be of sufficient size to accommodate a parent and child at the same time.
G36 Hallways should be well‐lit and wide enough to accommodate children playing and those with mobility aids.
G37 Where possible, provide access to private outdoor space that is a minimum of 6 feet deep by 9 feet wide. The private open space shall be designed to maximize sunlight access, safety and adaptability for a variety of family activities.
G38 Provide windows in the living, dining or kitchen area of units overlooking communal play areas that allow for supervision of children outdoors.
G39 Design units that can easily adapt to needs of families with infants and toddlers, such as stairs that easily accommodate toddler gates, no glass room dividers, and the ability to add child safety devices or window locks to prevent toddlers from climbing out windows..
Figure 10.B‐2: Sample Unit Adjacency Diagram
Source: Emeryville, CA Design Guidelines, adopted 12/7/2010 and amended through 5/19/2015
Figure 10.B‐3: Examples of Undesirable Unit Designs
Source: Emeryville, CA Design Guidelines, adopted 12/7/2010 and amended through 5/19/2015
10.B‐4: Examples of Desirable Unit Designs
Source: Emeryville, CA Design Guidelines, adopted 12/7/2010 and amended through 5/19/2015
7.6. Recycling and Solid Waste Disposal. Recycling and refuse collection service, including exterior
recycle containers, shall be provided pursuant to Sections A196‐5, A196‐6 and A196‐9 of the
Solid Waste Regulations and the following provisions.
a. Number and Size of Containers.
The number and size of refuse and recycling containers shall be approved by the
Town’s Recycling Coordinator after consultation with the Town’s contracted hauler.
Recycling containers shall be provided in an appropriate size and number for
anticipated recyclables at the property. For design purposes, it should be assumed
that the recycle containers will need to accommodate approximately 30‐40% of the
total waste generated on site.
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Developments that offer a comprehensive composting program may be able to
reduce the number, size and/or frequency of service for refuse collection
containers.
b. Location of Recycling Containers. Recycling collection service shall be as convenient to
residents and tenants as refuse collection service.
Should a development offer interior refuse collection containers in a centralized
location, recycle containers shall be located in the same location.
Should a development offer door‐to‐door valet refuse collection service, recycling
collection shall be provided in the same manner.
Should a building have a designated chute for refuse collection service, designated
recycling chutes area shall be provided adjacent to the refuse chute.
Should a development offer dumpster service, a complementary recycle dumpster
shall be placed next to the waste dumpster.
Should a development opt for compactor service, a split compactor shall be used or
a separate recycle container shall be placed next to the compactor.
c. Screening of Solid Waste/Recycling Containers. All solid waste and recycling containers
shall be screened by a solid fence or wall with a solid gate that is at least 1 foot taller
than the containers. Enclosure and gate size requirements will be determined based on
the size of containers and must provide for clearance around the containers for users
and the collection vehicle. Chain link fencing with vinyl slats is not an acceptable
screening type.
d. Tenant and Resident Information. Information, including the types of recyclable
materials accepted and the location of recycling containers shall be distributed to all
occupants upon move‐in along with a container for interior collection of recyclables that
is clearly marked with the universal recycling symbol.
All occupants shall be provided with updated information and instructions when
recycling services are changed.
Educational materials should also be posted in common areas such as laundry
rooms, mail areas and the main lobby or leasing office.
e. Refuse and Recycling Plan. To demonstrate compliance with this Section, a preliminary
Refuse and Recycling Plan shall be submitted with any Site Plan or Special Permit
Application required by these Regulations. The Refuse and Recycling Plan must be
finalized and approved by the Town’s Recycling Coordinator prior to issuance of a
Zoning Permit. At minimum, the Recycling Plan shall contain the following
information:[SM12]
Property owner and manager information
Description of proposed waste disposal and recycling services to serve the
development, including interior collection set‐up, container types and sizes, and
sample labeling.
Map identifying locations of refuse and recycling collection containers.
Calculations to support proposed container sizes.[SM13]
f. Plan Updates. Upon any change in ownership, management, or recycling collection
service, an updated Recycling Plan shall be submitted to the Recycling Coordinator.
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8.7. Bicycle Parking. At least one bicycle parking space shall be provided for every five dwelling units pursuant to the following requirements:
a. Bicycle parking spaces shall be a minimum of six feet long and two feet wide or as
designed by the provided bicycle rack system with an ADA accessible access aisle at the
side or rear of the bike.with a five‐foot access aisle.
b. Areas used for bicycle parking must be well‐lit and drained to be reasonably free of mud
and standing water.
c. All bicycle racks must be:
Securely anchored;
Able to support the bicycle frame in at least two places to prevent the bicycle from
falling over;
Configured to allow locking of the frame and at least one wheel with a U‐lock; and
Constructed of materials that resist cutting, rusting, bending or deformation.
d. A minimum of 90% of bicycle parking spaces shall meet the following requirements for
long‐term bicycle parking for building tenants:
Be provided in a well‐lit, secure location within convenient distance of a public
entrance, building lobby or other common area, such as a parking deck.
Be designed to provide continuous overhead shelter from the elements.
Examples of long‐term parking design include: bicycle lockers or rack, lockable cage
or other enclosure; or a lockable bicycle room.
Be located proximate to or in the building for which such spaces are required.
Include space for storage of longer family bicycles and trailers.
e. The remainderA maximum of 10% of required bicycle parking shall meet the following
requirements for short‐term bicycle parking:
Be placed within 50 feet of, and clearly visible from, the main entrance to the use
served.
Installed a minimum of two (2) feet from any wall or other obstruction with the
exception of wall mounted bicycle racks.
Installed on a surface designed and maintained to be mud and dust free. The use of
rock or gravel areas for bicycle parking is permitted provided edging materials are
used to demarcate the bicycle parking area and contain the gravel material.
If required bicycle parking is not visible from the street or public entrance, a sign
must be posted at the public entrance indicating the location of the parking. The D4‐
3 sign of the Manual on Uniform Traffic Control Devices (MUTCD) s recommended.
f. Any required short‐term parking provided in a structure or under‐cover must be:
Provided at ground level
Provided free of charge
Clearly marked as bicycle parking
Separated from vehicle parking by a physical barrier to minimize the possibility of
parked bicycles being hit by a vehicle.
9.8. Housing Plan
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a. Submission of Housing Plan. Any applicant for a project subject to the requirements of
this Section shall submit a Housing Plan as part of the Site Plan or Special Permit
application for the development in addition to the submission requirements of Article 5.
b. Contents of Housing Plan.
i. Narrative description of the type of housing proposed. Where a special needs
housing project is proposed, the applicant shall document the demand for such
housing and how the specific needs of that population will be supported
through the proposed design.
ii. Proposed unit mix.
iii. Floorplans including appropriately sized furniture in floorplans to demonstrate
compliance with design guidelines.
iv. Description of how the proposed development conforms to the design
standards and guidelines of this Section. Where a proposed design does not
meet recommended guideline(s) of this Section, the applicant shall articulate
the reasons for deviation and identify the alternative design approach used to
meet the intent of the guideline.
c. Modifications. Modifications to an approved housing plan may only be approved by the
PZC.
10.9. Approval Considerations. In approving any Site Plan or Special Permit application that is
subject to the requirements of this Section, the Commission must make the following findings,
in addition to the findings required by Article 5, Section B:
a. Overall Project Design. The proposed development complies with all development
standards identified in this Section and substantially complies with the intent of the
design guidelines established in Figure 10.B‐1.
b. Adaptability. The proposed dwelling units can be easily adapted to accommodate a
different target market if needed in the future; and
c. Multi‐Generational Housing. The Commission must make one of the following findings:
The Housing Plan sufficiently addresses the design guidelines established in this
Section and will result in housing options that meet the needs of all residents,
including singles, families, seniors and students; or
The applicant has established a demonstrated demand for special needs housing
and the need for such housing outweighs the need for housing that supports
multiple generations. If such a finding is made, the unit mix requirements of Section
B.4 shall not apply.
11.10. Zoning Permit Requirements. Zoning Permit applications shall include a signed and
sealed certification from the architect that all buildings and units that are the subject of the
permit meet comply with the approved Housing Plan.
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PZC Regulatory Review Committee Town of Mansfield 4 South Eagleville Road Storrs, CT 06268 Thank you for taking a moment to read my letter. With all the new challenges that this COVID-19 crisis has brought, staying on top of what is going on with respect to our town while fitting in all that life now requires has been a challenge to say the least. While I am unable to attend the meeting virtually today, I did want to voice some concerns with the proposed changes to the Multi-Family Housing guidelines you are considering. First off I should point out that I’m the Chair of the EDC, on the Mansfield School Building Committee, on the Board of Mansfield Discovery Depot and on various other boards not directly a part of the Town of Mansfield. I am writing this letter on behalf of myself, a lifelong resident of this town and not on behalf of any board or committee on which I sit. In general, I think the most important point I can make is that just about every requirement you will make with respect to the Multi-Family Housing Guidelines comes with a cost. Occasionally those will be born by the developer, but my much greater concern is that many will end up being born by the consumer. You can’t require units be larger and expect he rent to be the same, clearly the larger a unit is, the more maintenance and upkeep it requires, the more it will cost to build (which will then be passed on) and the more it will cost to live there for the tenants. This is especially concerning regarding the bulk storage requirements where the studio and 1-bed units need 100 sf of bulk storage over and above pantry and closet space, and 2+ bed units need 200 sf of bulk storage! That’s an incredible amount of storage! My first concern is that this will raise rents even higher as the units will need to be at least 10-15% larger to accommodate such unreasonable size requirements. That’s not an insignificant amount. Second, that will be a very large room, easily the size of a bedroom or two. I’m sure it won’t be as nice as the rest of the unit, but anyone can see that this creates an enforcement issue as tenants will try to defray the cost of rent by sticking additional occupants in there. While that requirement was the most egregious, reading through the rest I had a hard time picturing a rental property that I had been in that met all of these requirements. As a licensed Realtor for 19 years, having lived here in Storrs and up in Boston, I’ve seen all types of housing. Most specifically the types that I think would be most appropriate here would be the Santini Apartments in the Vernon/Manchester/Ellington area (specifically the Grand Lofts), the Mansions at Hockanum Crossing in Vernon and Vintage at the Grove in Manchester. Before adopting all of these proposed amendments to the Multi-Family regulations, I would look to those complexes and floor plans to see how many apply to those properties. They were most definitely NOT student-built properties being located so far from campus and I have known many residents of all three properties who found them to be of the nicest options in the area.
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Please consider the impact your changes will have on the end-users, those living in the apartments. Those people without the need for such excesses will be forced into paying for them yet again limiting the “affordable” part of the picture that we as a town have been searching for in multi-family housing. Respectfully Submitted, Steven Ferrigno 28 Greenfield Ln Storrs CT 06268
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Linda M. Painter
From: Stephen Moriak <[email protected]>Sent: Thursday, April 16, 2020 8:52 PMTo: PlanZoneDeptCc: Jay Williams; Bryan Boyles; Chase Powell; Amanda RigoniSubject: PZC Regulatory Review Committee meeting April 17, 2020
Please see Dwell Design Studio’s questions to the Proposed Multi‐Family Residential Regulations. We would like for these questions to be responded to during the Public Comment in tomorrow’s meeting. I will be participating during the webcast and hope everyone is safe and healthy. B. Special Provisions for Multi‐Family Residential Development 3. Definitions. For the purpose of this Section, the following definitions shall apply. a. Family‐Friendly Unit. Family‐friendly units contain two or more bedrooms and include additional features critical for families, i.e. spaces where family members can gather for meals and other activities, and where children can play and engage in other activities such as homework; easy access to outdoor play and recreation space, and sufficient storage space.
Is easy access defined by an ADA compliant accessible route?
Is “Family‐Friendly Unit” sufficient storage defined further in the Figure 10.B‐1 requirements?
Is there a design bonus if the studio and one‐bedroom units are designed as “Family‐Friendly Units” per Figure
10.B‐1 requirements?
4. Unit Mix. Multi‐family residential developments shall comply with the following requirements to promote multi‐generational housing unless the applicant establishes a demonstrated need for senior or special needs housing pursuant to Section B.9: d. All units with two or more bedrooms shall be designed as “Family‐Friendly Units” pursuant to this Section.
Is Figure 10.B‐1 the design requirements of “Family‐Friendly Units” pursuant to this Section?
5. Multi‐Generational Housing. Multi‐family residential developments shall be designed as multi‐generational housing unless the applicant identifies a demonstrated need for senior or special needs housing pursuant to Section B.9.
Is Purpose‐built Student Housing defined as Multi‐Generational Housing?
6. Design Standards and Guidelines. Figure 10.B‐1 identifies applicable design standards and guidelines based on the type of housing proposed. S2 ‐ Provide ample exterior play areas that are safe and visible from major spaces in homes, with a variety of age‐appropriate equipment.
Is a pool, bocce court, horseshoe pit, and hammock defined as age‐appropriate equipment for adults?
S12 ‐ Provide a minimum of 100 square feet of bulk storage for studio units and 1‐bedroom units and 200 square feet of bulk storage for 2‐bedroom units and larger. Linen, utility, clothing and pantry closets shall not be counted as bulk storage spaces for the purpose of this requirement.
Does this requirement apply to “Family‐Friendly Units”?
S13 ‐ At least 50% of the bulk storage requirement shall be provided in the unit for one‐bedroom units and larger.
Does this requirement apply to “Family‐Friendly Units”?
S15 ‐ Front doors shall enter into a transitional space such as an enclosed foyer. Front entries shall not enter directly into a kitchen or living room.
Is a ceiling transition defined as the delineation of the transitional space?
Is a flooring transition defined as the delineation of the transitional space?
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2
S16 ‐ Units shall include an entry coat closet, pantry, and linen closet or cabinet. Depending on dimensions, the entryway closet may be counted toward minimum in‐unit bulk storage requirements.
Does this requirement apply to “Family‐Friendly Units”?
S17 ‐ The living area shall have sufficient space for seating for all household members plus other furniture and circulation.
Is “all household members” defined as one person per bedroom in the unit?
S18 ‐ The dining area shall have sufficient space for a family‐sized dining table based on unit size with all household members seated around it, plus circulation. Recommended minimums are table with four chairs for 2‐bedroom units and six chairs for 3‐bedroom units.
Is “all household members” defined as one person per bedroom in the unit?
Does seating at an island or peninsula comply with this requirement?
S19 ‐ Only one master suite (with en‐suite bathroom) shall be provided.
Can you provide more than the requirement?
S20 ‐ Second and third bedrooms shall be smaller than the master bedroom and shall have access to a common bathroom. These bedrooms shall be large enough to accommodate a single bed, dresser, desk or table and some floor space for playing.
Can you provide more SF than the requirement and have the 2nd and 3rd bathrooms be of equal and or larger size
to the master bedroom?
S22 ‐ Each bedroom shall have access to a full bathroom without going through the living room, dining room or kitchen.
Does having en‐suite bathrooms comply with this requirement?
S23 ‐ At least one of the bathrooms shall be equipped with a bathtub and shall be of sufficient size to accommodate a parent and child at the same time.
Is this a requirement for the studio and one‐bedrooms? Stephen Moriak, AIA Senior Managing Principal
dwell design studio, llc 8200 Greensboro Drive Suite 650 McLean, VA 22102 [o] 571-253-6950 x2201 [c] 703-328-3501 [email protected]
This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message and are hereby notified that any disclosure, copying, or distribution of this message, or the taking of any action based on it, is strictly prohibited
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Ms. Linda Painter, Director of Planning and Development Town of Mansfield 4 South Eagleville Road Storrs, CT 06268 April 14, 2020 Dear Mr. Carrington, We are the owners of 1717, 1733 and 1753 Storrs Road. This is in response to draft guidelines that are currently proposed to article 10 Section B Multi-Family Residential Development. As you are aware, we are currently moving forward with a proposal to redevelop our properties. These properties have long been perceived as ideally suited for redevelopment. A year ago, the Planning and Zoning Commission adopted regulations that we thought were fair and would support our redevelopment plans as well as those of other properties at the 4 Corners. Developers made proposals and proceeded in good faith based on these regulations. Our development partner and other land owners tell us that NOW, the Regulatory Review Committee is contemplating adding new regulations. We are very concerned that the changes will end development opportunities at the 4 Corners. We were approached by several student housing developers. We realized the importance to the Town of keeping the commercial component of our parcels intact as much as possible so we chose our developer very carefully based on many factors including and most importantly that they were the only one who agreed to do everything they could to keep as much commercial as possible. They have done that. Some of our current tenants who are struggling to stay afloat are thrilled at the possibility of staying in newly developed spaces in a newly dynamic area of Town. However, the proposed changes to the draft regulations are so onerous that the developers of our property feel that they are being put in a scenario that does not allow for a financially viable project. The new requirements would increase construction costs to the point that potential residents would not be able to afford or be willing to spend what would be required to build, especially young families and grad students. While we do not know for sure, we can only assume the same will hold true for other developers since they all use basically the same model. Especially difficult to understand is the regulation that calls for 100 or 200 square feet of storage space be provided in each unit. Those requirements are above and beyond linen, utility, clothing and pantry closets. Those increases in bulk storage will add approximately 70,000 sf of storage at a cost of millions of dollars to the developer, in the ballpark of $15 million, maybe more, so we do not object lightly. That is completely counter to what Mansfield has been working toward for years. Again, we implore you to realize that those costs
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could not be absorbed by the developer and would be passed on to the tenants making these regulations not young family or grad student or young professor friendly at all. We were under the impression that Mansfield very much wanted grad students or new associate professors with their spouses, and maybe their new baby, to be able to have affordable but attractive options so they would start in Mansfield and stay in Mansfield where they would eventually buy homes and become members of our community, instead of going to Manchester or Vernon as they are now. This is entirely counter to that philosophy which the Town has held dear for years now. We must provide attractive options to attract this demographic but they have to be affordable first and foremost. We have never seen or heard of storage areas that size in apartments. People don’t want storage areas these days, not young families, not older people, not grad students. They rent storage lockers if they need storage space. In fact and very importantly, as the owners several rental houses in Town we can assure you, rather than a storage area, 100 sf is a bedroom in any apartment in any city in the world and will be a bedroom in Storrs, 200 sf is a bedroom for two. Our wonderful Housing Department in the Town of Mansfield, which does a great job monitoring rentals, cannot and does not monitor every house, every day. This proposed regulation will end up promoting exactly what the Commission has tried to regulate for years as practically, it will absolutely be impossible to prevent those closets from turning into bedrooms. As long standing property owners at the 4 Corners, we can tell you that as much as we would love to say we have been inundated with proposals for development opportunities, the truth is, this is just not the case. To the woman who asked on a local website, why we don’t get Trader Joe’s for those parcels, the answer is, we’d love to. They won’t come. We’ve tried. No hotel or motel has ever approached us to develop on that site. No restaurant chain. No retailer. No over 55 community. No Townhouse for young families. No mall developer in all the years we have owned these properties. Only multi family housing developers have approached us. If they leave because of unreasonable requirements, no one else will take their place! If the developers of our property withdraw from the project of course this will be a personal loss for us. We would never pretend otherwise. However, it will be a huge loss for the Town as well. Those 3 parcels will remain as they are, a building we rent at a loss because we cannot find tenants, a tired mall that we cannot afford to revamp and a falling down building that no one wants. And we would like to respectfully remind the Town that these parcels have been developed parcels and have contributed to the commercial tax base of the Town for years and years, one for 50 years. Finally, we cannot help but feel that these revised regulations are due to the pressure UCONN has leveraged against the Town, the Planning and Zoning and Inland Wetlands Commissions, developers and owners for the past several years. After the recent exhaustive process to amend the zoning regulations in the 4 Corners, this should have been enough. UCONN was able to pressure the Town into eliminating Group Dwelling from the 4 Corners area. And now, before a single multifamily application has been submitted to Planning and Zoning, but after developers made plans based on regulations they believed were firmly in place, the Commission has decided that the regulations are not sufficient? It makes us
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very concerned. Please note, while UCONN is not an expert in off campus student housing, we did go to the experts in the field who advised that MULTIPLE projects such as the one our developer proposes can be supported by UCONN’s student population. It appears that in this case, UCONN’s interference in the Town is not only inappropriate, but also, unwarranted. We should encourage the development of a beautiful complex like the one our developer proposes, loaded with great amenities that will keep commercial at the 4 Corners, attract grad students and young professors as well as undergraduates in an area of Town that is in desperate need of improvement. Let’s use the sewers and water we paid for and the Opportunity Zone we created. Let’s not make it impossible to improve the 4 Corners but instead make it what it should be; the Gateway to a great campus.
We respectfully request that Ms. Painter read this before the PZC Regulatory Review Committee meeting being held on Friday, April 17. 2020.
Thank you for your time and consideration to this important matter.
Jane and Robert Moskowitz
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Linda M. Painter
From: Charles S. Bryant <[email protected]>Sent: Thursday, April 9, 2020 5:03 PMTo: Linda M. PainterCc: Paul Aho; Jennifer S. Kaufman; Jillene B. WoodmanseeSubject: RE: Family Friendly HousingAttachments: Emeryville Planning Regulations - Multi-Unit Residential Development Regulations and
Guidelines.pdf
Dear Ms. Painter, Sorry for the delay in responding. It was on my “to do” list and then COVID‐19 struck. So I am still trying to catch up on my emails. I’m not sure what the 2017 article from San Francisco is that you saw, but I can tell you that no projects have been completed and occupied yet that were built under our current unit mix and family‐friendly design requirements, so it is far too early to tell whether they have had any effect on the occupants of such units. Whether they will be occupied by families or unrelated individuals is not yet known, and is anybody’s guess. We have had a few projects completed or start construction since those requirements were adopted, but those were already in the development “pipeline” and therefore not subject to our new requirements. The first major project that was approved under these new requirements just received its building permit a few days ago, and will take a few years to build, so it probably won’t be for another three or four years, at least, until we will be able to gauge their success at attracting families with children to Emeryville. Concerning challenges with the guidelines, this has come up as projects have worked their way through the approval process. The main issue is that, being design guidelines, they are not absolute and are subject to interpretation. We have had many lively discussions with developers and their architects about what the guidelines mean and how they should be implemented. For example, the guidelines call for a foyer and a storage area near the front door big enough for a baby stroller. So what is a “foyer”? Does it have to have walls on three sides? How big does the storage area have to be to accommodate a stroller? Does it have to be a separate closet or can you just shove the stroller in the corner of the foyer? That is just one example. There are dozens of similar issues that we have had to argue with developers about. But we have always managed to reach an agreement and get the plans approved by the Planning Commission (although, as noted above, none of them have been built and occupied yet). One new wrinkle that has come up here in California is that, the State legislature, in an effort to ease the housing crisis, has stipulated that certain types of projects can only be held to “objective” development standards. That means things that can be clearly measured with no judgement involved (such as heights and setbacks). In order to have our family‐friendly guidelines apply to such projects, we are going to have to convert them to objective standards. So, for example, we will need to say exactly how big a foyer is, what its design details are, whether or not it has a closet and if so, how big, etc. That will eliminate any arguments with developers because there will be no room for interpretation, but it will also make the standards less flexible and leave less room for creativity. For reference, I am attaching our Multi‐Unit Residential Development Regulations and Design Guidelines. I hope this helps. Charlie Bryant
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CHARLES S. BRYANT, AICP Community Development Director, City of Emeryville 1333 Park Avenue, Emeryville, CA 94608‐3517 510‐596‐4361 (direct) 510‐658‐8095 (fax) [email protected]
From: Linda M. Painter <[email protected]> Sent: Monday, February 24, 2020 5:30 AM To: Charles S. Bryant <[email protected]> Cc: Paul Aho <[email protected]>; Jennifer S. Kaufman <[email protected]>; Jillene B. Woodmansee <[email protected]> Subject: [External] Family Friendly Housing Good Morning Charles- I found a reference to Emeryville’s family friendly residential design guidelines in a 2017 report from San Francisco. I am the Planning Director in Mansfield CT, home to the main campus of UConn. We are currently experiencing strong demand for multi-unit housing for undergraduate students, and during a recent pre-application meeting several Commission members were asking a student housing developer how they planned to make the development attractive to families. The area in which some of these developers are proposing to build is one that the Commission has authorized multi-family uses, but has also been clear that they would like to see a diverse population as the neighborhood develops. What struck me in the SF report was the note that while you were one of the first cities in the country to require developments to include 3-bedroom units, occupancy of those units tended to be by unrelated individuals instead of families, resulting in the family-friendly guidelines. I’m curious as to whether these guidelines have had the desired impact in terms of seeing greater numbers of units being occupied by families. Additionally, the report noted that the design review process had been difficult for the planning staff, and I would like to know more about those challenges if possible. Given the number of potential units in the pipeline, the Commission’s Regulatory Review Committee identified the establishment of “family-friendly” design standards their top priority for short term amendments to the zoning regulations, and if possible, have asked me to draft regulations for receipt at next Monday’s meeting of the Commission. If you have time for a call to discuss your design guidelines early this week, that would be wonderful. Thanks- Linda Linda M. Painter, AICP Director of Planning and Development 860.429.3330 [email protected] mansfieldct.gov
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Emeryville Planning Regulations Page 5-135 Effective March 7, 2013
Ordinance No. 13-001 As Amended Through January 14, 2016
ARTICLE 20. MULTI-UNIT RESIDENTIAL DEVELOPMENTS
9-5.2001 Purpose.
This Article establishes regulations for Multi-Unit Residential developments. The purpose of
these regulations is help achieve the goals, objectives, and policies of the Housing Element of the
General Plan to promote family-friendly, affordability housing by establishing minimum
standards for unit mix and design, and providing incentives for affordable and ownership
housing.
9-5.2002 Applicability.
Except as otherwise stipulated, the provisions of this Article apply to any proposal to develop a
Multi-Unit Residential use, as defined in Section 9-2.207.
9-5.2003 Unit Mix.
Multi-Unit Residential developments of 10 units or more shall comply with the following
requirements:
(a) No fewer than 50% of all units in the development shall have two or more bedrooms,
including units with three or more bedrooms as required by subsection (b) below.
(b) No fewer than 15% of all units in the development shall have three or more bedrooms.
(c) No more than 10% of all units in the development shall be studio units.
9-5.2004 Design.
(a) All Multi-Unit Residential developments shall be subject to the applicable provisions of
the Emeryville Design Guidelines, including but not limited to those pertaining to
Residential Use Types, as required by Article 4 of Chapter 7.
(b) In addition to the requirements of subsection (a) above, all Multi-Unit Residential
developments of 10 units or more shall comply with the applicable provisions of the
Emeryville Design Guidelines pertaining to Family-Friendly Residential Site and
Building Design, and all units required by Section 9-5.2003 shall comply with the
applicable provisions of the Emeryville Design Guidelines pertaining to Family-Friendly
Residential Unit Design.
9-5.2005 Exceptions.
Exceptions to the unit mix and design requirements of Sections 9-5.2003 and 9-5.2004,
respectively, may be approved upon the granting of a conditional use permit by the City Council
upon a recommendation of the Planning Commission. Examples include, but are not limited to,
senior housing, special needs housing, and multi-generational housing. To grant such a
conditional use permit, the following finding must be made in addition to the findings required
by Article 5 of Chapter 7:
(a) There is a demonstrated need for a housing type or types that deviate from the unit mix
and/or design requirements of this Article. The importance of meeting this need
outweighs the importance of compliance with these requirements.
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Emeryville Planning Regulations Page 5-136 Effective March 7, 2013
Ordinance No. 13-001 As Amended Through January 14, 2016
9-5.2006 Affordable Housing.
(a) Projects Not Seeking Development Bonuses. Multi-Unit Residential projects not
seeking development bonuses, either pursuant to Section 9-4.204 or Article 5 of Chapter
5, shall pay the affordable housing impact fee pursuant to the requirements of Section 9-
5.406, or may propose to provide affordable units in the project pursuant to the
requirements of Section 9-5.407.
(b) Projects Seeking Development Bonuses. Multi-Unit Residential projects seeking
development bonuses, either pursuant to Section 9-4.204 or Article 5 of Chapter 5, shall
be exempt from the affordable housing impact fee requirements of Section 9-5.406, but
shall provide affordable units in the project pursuant to the applicable provisions of
Section 9-4.204 or Article 5 of Chapter 5.
9-5.2007 Ownership Housing.
Multi-Unit Residential projects seeking development bonuses pursuant to Section 9-4.204 shall
be subject to the following requirements for ownership housing:
(a) Condominium Map Required. A subdivision map for the purposes of creating
condominium units shall be submitted and considered for approval concurrently with
applications of other planning permits required for the project. The final subdivision map
creating the condominium units shall be recorded prior to issuance of a certificate of
occupancy for the project.
(b) Project May Be Operated As Rental. Notwithstanding the requirements of subsection
(a) above, the developer may retain ownership of all units and operate the project as a
rental project. In this case, the requirements of Section 9-4.204 and Article 4 of Chapter 5
for rental residential projects shall apply.
(c) Requirements for Ownership Projects. If the developer elects to sell the individual
units and operate the project as an ownership project, the following requirements shall
apply:
(1) The requirements of Section 9-4.204 and Article 4 of Chapter 5 for ownership
residential projects shall apply.
(2) Covenants, Conditions and Restrictions shall be recorded that include the current
basic eligibility requirements of the Federal Housing Administration (FHA) for
condominium project approval, including, but not limited to, requirements for
owner occupancy and limitations on investor ownership and commercial space.
(d) Conversion to Ownership Project. Pursuant to the applicability provisions of Section 9-
6.702, if a project that had been operated as a rental project pursuant to subsection (b)
above is later converted to an ownership project through the sale of units, the residential
condominium conversion requirements in Article 7 of Chapter 6 shall apply.
9-5.2008 Transportation Demand Management.
Multi-Unit Residential developments of 10 units or more shall comply with the following
Transportation Demand Management (TDM) requirements.
Page 134 of 150
Emeryville Planning Regulations Page 5-137 Effective March 7, 2013
Ordinance No. 13-001 As Amended Through January 14, 2016
(a) TDM Plan. As part of the development application, the developer shall submit a TDM
plan for approval by the Planning Commission or City Council, as the case may be, in
conjunction with approval of the development. Compliance with the approved TDM plan
shall be a condition of approval of the development. The TDM plan shall be implemented
for a minimum of 40 years following issuance of a certificate of occupancy. The primary
goal of the TDM plan shall be to ensure that the average Vehicle Miles Traveled (VMT)
by residents of the development is less than the average citywide VMT. Such plan may
include, but is not limited to, free transit passes for residents, free car sharing
memberships for residents, free bike sharing memberships for residents, transportation
information displays, and transportation information packets for residents. The plan shall
include an annual survey of residents of the development to measure the plan’s success at
achieving its primary goal; such annual surveys shall be made available to the
Community Development Director upon request. The Community Development Director
may require modifications to the plan if it does not appear to be meeting its primary goal
based on the annual survey.
(b) GreenTRIP Certification. Residential developments that obtain GreenTRIP
Certification from TransForm, or other equivalent certification, prior to issuance of a
certificate of occupancy, shall be deemed to have met the requirement for a TDM plan in
subsection (a).
Page 135 of 150
64 | Emeryville Design Guidelines
RESIDENTIAL
SITE & BUILDING DESIGN
J-21 Design housing to support a range of house-hold types, incomes, and sizes.
J-22 Landscape pedestrian walkways to provide attractive spaces, as well as privacy.
J-23 Provide visual privacy between units. Where units face each other across a narrow distance, windows should be offset.
J-24 Place the mailboxes on the path to units from the main pedestrian entrance.
J-25 Arrange parking, pedestrian circulation, and building entrances so that residents and visi-tors are encouraged to access residential units from a street or greenway.
J-26 Consider additional lighting, changes in plane, and other security measures to ensure safety and security. Avoid using bars or security grills on windows and doors.
J-27 For all multifamily residential development, promote identity and street safety.
· Design a portion of the ground level frontage of all multifamily residential developments (including high-rises) to be residential units or other active uses, with individual or paired entrances from the street edged with landscaping. Alternatively, articulate ground-floor residential building façades to differentiate individual residential units
Housing should meet the needs of various ages and groups. The Bayside Park development in Emeryville offers indepen-dent and assisted living for seniors, in an attractive design and transit accessible location.
Landscaped walkways add charm to residential projects.
High-rises are fronted by townhomes with entrances at the street level in this San Diego development, providing more access points and increasing safety and security, since resi-dents can look directly onto the street.
Balconies created through building stepbacks, and windows create textured buildings for both the residents and pass-ersby in this Emeryville example.
DESIRABLE DESIRABLE
DESIRABLEDESIRABLE
Page 136 of 150
Area Specific, Building, and Street Type Guidelines | 65
from each other and from the overall mass-ing of the building, in order to express a rhythm of individual units along the street.
· Design ground floor units to include win-dows that face onto the street. At the same time, ensure the privacy of residents by con-sidering the interior floor height, window height and other design factors. Maximize views of the street from the interiors of units while minimizing views into units from the street.
J-28 In projects with 30 or more units, provide a community multipurpose room with at least 500 square feet of space, internet access, kitchen facilities and a rest room, for parties, meetings, homework clubs, computer access, art, or other resident activities.
J-29 In corridors serving six units or more, define entries and break up walls by using lighting and articulation of walls and ceiling.
J-30 Provide efficient access from units to exterior common open space, and visual connections from interior hallways and stairs to exterior space.
UNIT DESIGN
J-31 Maximize ventilation and sunlight by pro-viding multiple exposures and shallow unit depths as much as possible. Place living areas along exterior walls and place bath and storage areas along interior walls.
J-32 Take advantage of views and natural light, particularly for living areas, by providing large areas of glazing looking onto streets, yards,
This Emeryville affordable housing project at 3706 San Pablo features an interior courtyard with designated circu-lation paths and play areas for different age groups.
The 3706 San Pablo project offers a variety of amenities to the residents, including a clubroom, a homework room, a demonstration kitchen and a fitness room.
DN
DN
EMERYVILLE, CA
3706 SAN PABLO AVENUEKTGY # 2012-0775
EAH2169 E. Francisco Blvd. Suite BSan Rafael, CA 94901415.258.1800
KTGY Group, Inc.Architecture+Planning580 Second St., Suite 200Oakland, CA 94607510.272.2910ktgy.com
12.01.2014
Key Map n.t.s.
CONCEPTUAL PERSPECTIVES A6.61. View of Courtyard from Fifth Level Corridor Note: Refer to landscape sheets for tree & shrub species, play
equipment, furniture, planters and other outdoor decorative features.
ClubroomDemonstration
Kitchen
Homework Room
Fitness Room
or other exterior spaces. Provide shading on south and west exposures.
J-33 Maintain a sense of privacy from within hous-ing units, while allowing views onto streets and interior courtyards.
J-34 Provide visual interest and improve quality of life for inhabitants through the use of stoops, porches, recessed windows, bay windows, and balconies.
J-35 Incorporate architectural features and materi-als that assure high-quality, human-scale, dis-tinctive design that is comfortable and attrac-tive to residents. Consider vaulted ceilings; arches; corner treatments; window, ceiling, and roof proportions; and the proportional relationship between the façade and the roof, where roof height is less than or equal to floor height, above the first floor.
J-36 For units that are adjacent to common open space, provide access through transition spaces between the units and the common space.
J-37 Kitchens should be well ventilated with win-dows providing cross ventilation or a quiet, powerful fan venting to the outside.
J-38 In units with two or more bedrooms, include an entry coat closet, a pantry, and a linen closet or cabinet.
J-39 In multi-level units, provide closed stair risers.
J-40 Show furniture in unit plans submitted for planning approvals.
DESIRABLE DESIRABLE
Page 137 of 150
66 | Emeryville Design Guidelines
The relation of units to each other, the type of streets and open space is important for successful family-friendly design.
LegendL Living AreasB BedroomsE Entry S Storage/Bath
Podium Level Open Space/Courtyard
Noi
sy S
tree
t
Quiet Street
BS
EL
L
L
L
L
L
L
L
L
L L
B
B
B
B B
B
B B
B
E
E
E
E
E
E
E
E
E
S
S
S
S
S
S
S S
S S
S
S
S
S S
S
S
S
S
S
E
Recessed balconies and deeper units facing noisy street
Building services, not units at interior corners.
Daylight corridors
Large bay and corner window (blue) at living areas
Commercial/ community uses at ground �oor
Wide, shallow units with protecting balconies facing courts and quiet streets
Building ends and corners con�gured to create more corner aspect apartments
2-level, 3-bedroom family unit
3-bedroom family �at
FAMILY-FRIENDLY RESIDENTIAL
SITE & BUILDING DESIGN
J-41 Provide units with two, three or more bed-rooms.
J-42 In high density housing, include a variety of unit types. Multi-story units can be included in a larger building with single-story units for greater diversity.
J-43 Place and configure units to relate well to quiet and noisy streets, on-site open space and each other, as shown in the Unit Adjacency Diagram.
J-44 Situate as many family-oriented units as possi-ble adjacent to open spaces designed and land-scaped to create active play areas and opportu-nities for gathering and quiet respite.
J-45 Provide ample exterior play areas that are safe and visible from major spaces in homes, with a variety of age-appropriate equipment.
J-46 Design visible places where pre-teens and teens will want to gather.
J-47 In larger projects (e.g. over a hundred units), consider dividing the project into smaller com-munities centered around open space, where residents have exclusive access to their common and circulation areas.
J-48 Designate parking for family-friendly units near hallways and elevators. If parking lifts are used for family units, they should not require backing one car out to get to another car.
UNIT ADJACENCY DIAGRAM – Upper Level Interior Corridor Building
DESIRABLE
Page 138 of 150
Area Specific, Building, and Street Type Guidelines | 67
J-49 Provide more bicycle parking than the code requires, with space for longer family bicycles and trailers.
J-50 Provide ample in-unit or common laundry areas. Common laundry areas should have convenient access, and be located on each floor, or near common gathering space. In-unit laundry facilities are preferred in units with three or more bedrooms.
UNIT DESIGN
J-51 Front doors should not enter directly into a room, but rather should enter into a transi-tional space, which could be an enclosed foyer.
J-52 Provide indoor space near the entry for tricy-cles, strollers, outdoor toys, etc., where parked items will not obstruct circulation.
J-53 Provide only one master suite. Other bed-rooms should have access to a common bath-room. In three-bedroom units provide at least two full bathrooms.
J-54 Separate sleeping areas from living areas. In two-level units, place bedrooms on a separate floor from living areas, except where a den or study on the living area floor could also func-tion as a bedroom.
J-55 Provide each bedroom with access to a full bathroom without going through the living room, dining room or kitchen. Provide a bath-tub in the unit. In multi-level units, provide at least a half bath on the floor with the living room, dining room and kitchen.
2 Bedroom/2 Bath Dual Master FLAT — 975 SF(Interior access from corridor; single aspect)
2 Bedroom/2 Bath FLAT — 1,035 SF(Interior access from corridor; single aspect)
30’
32.5’
10’0’
he
a/b
d
i
d
NON FAMILY FRIENDLY UNIT CONFIGURATION EXAMPLES
Living area too small/cramped. Dining table blocks circulation.
No foyer. Entry into kitchen. No stroller storage.
Unit deep with small windows and dark.
No balcony
No play/study area Dual master layout not
suitable for children.
All rooms narrow, minimal space for circulation around furniture.
3 Bedroom/2 Bath FLAT — 1,320 SF(Interior access from corridor; single aspect)
a/b29.5’
45’
10’0’
c c d
fi
h
e
kj
l
Balcony poorly located in front of bedroom.
Living area too small/cramped for family gathering. InsufCicient area for dining/living space.
Kitchen small considering small living area.
Entry into kitchen. Foyer location awkward, no enclosure nor space for furniture.
No play/study area
33’
34’
dc
a/b
e
h
i
0’ 10’
f
l
Foyer poorly deCined, no enclosure and open to kitchen, no space for stroller or furniture.
Narrow rooms, second bedroom less than 10’ wide, living room 11’ wide.
Circulation from second bedroom to bathroom through living room and kitchen/foyer. No play/
study area
Awkward room layout with circulation cutting through living dining area impacting furniture layout.
No pantry or linen closets
Balcony poorly located in front of bedroom.
Dining table too small, no space for stools at counter or sideboard.
Deep unit requires more Cloor area than shallow unit to Cit rooms, but is cramped and has poor daylight potential.
UNDESIRABLEUNDESIRABLE
2 Bedroom/2 Bath Dual Master FLAT — 975 SF(Interior access from corridor; single aspect)
2 Bedroom/2 Bath FLAT — 1,035 SF(Interior access from corridor; single aspect)
30’
32.5’
10’0’
he
a/b
d
i
d
NON FAMILY FRIENDLY UNIT CONFIGURATION EXAMPLES
Living area too small/cramped. Dining table blocks circulation.
No foyer. Entry into kitchen. No stroller storage.
Unit deep with small windows and dark.
No balcony
No play/study area Dual master layout not
suitable for children.
All rooms narrow, minimal space for circulation around furniture.
3 Bedroom/2 Bath FLAT — 1,320 SF(Interior access from corridor; single aspect)
a/b29.5’
45’
10’0’
c c d
fi
h
e
kj
l
Balcony poorly located in front of bedroom.
Living area too small/cramped for family gathering. InsufCicient area for dining/living space.
Kitchen small considering small living area.
Entry into kitchen. Foyer location awkward, no enclosure nor space for furniture.
No play/study area
33’
34’
dc
a/b
e
h
i
0’ 10’
f
l
Foyer poorly deCined, no enclosure and open to kitchen, no space for stroller or furniture.
Narrow rooms, second bedroom less than 10’ wide, living room 11’ wide.
Circulation from second bedroom to bathroom through living room and kitchen/foyer. No play/
study area
Awkward room layout with circulation cutting through living dining area impacting furniture layout.
No pantry or linen closets
Balcony poorly located in front of bedroom.
Dining table too small, no space for stools at counter or sideboard.
Deep unit requires more Cloor area than shallow unit to Cit rooms, but is cramped and has poor daylight potential.
3 Bedroom/2 Bath FLAT – 1,320 SF(Interior access from corridor; single aspect)
2 Bedroom/2 Bath Dual Master FLAT – 975 SF(Interior access from corridor; single aspect)
2 Bedroom/2 Bath FLAT – 1,035 SF(Interior access from corridor; single aspect)
UNDESIRABLE
Bedroom off of living area
Page 139 of 150
68 | Emeryville Design Guidelines
J-56 The dining area should have enough room for a family-sized dining table with all household members seated around it, plus circulation. The living area should also have enough room for seating for all household members plus other furniture and circulation.
J-57 In units near play areas, provide windows that allow for supervision of children outdoors.
J-58 Hallways in units should be well lighted and wide enough for children to play in.
J-59 Provide space that can change use as children grow, such as from toddler play to homework to music making to gathering.
EXAMPLE D
(Exterior access from courtyard/mew; private patio; building corner/end location)
EXAMPLE C
(Interior access from corridor; single aspect)
EXAMPLE A
(Interior access from corridor; large bay form)
EXAMPLE B
(Interior access from corridor; deep unit; adjacent unit set back or shallow to improve daylight)
fj
h
g
e
b
al
k
c d
i
a
b
c d
fe
k
l
j
ac c d
f i
hb e
k
j
lg
dcc
a
e
b
k
lf
f
i
i
h
k
i
EXAMPLE A2 Bedroom/2 Bath FLAT – 1,100 SF(Interior access from corridor; large bay form)
EXAMPLE B2 Bedroom/2 Bath FLAT – 1,152 SF(Interior access from corridor; deep unit; adjacent unit set back or shallow to improve daylight)
EXAMPLE C3 Bedroom/2 Bath FLAT – 1,300 SF(Interior access from corridor; single aspect)
EXAMPLE D3 Bedroom/2 Bath FLAT – 1,419 SF(Exterior access from courtyard/mew; private patio; building corner/end location)
DESIRABLE
The examples above illustrate ways to arrange one-story family friendly two- and three-bedroom units.Page 140 of 150
Area Specific, Building, and Street Type Guidelines | 69
J-60 For units with other units below, provide soundproofing between ceilings and floors with an Impact Insulation Classification that is above the Building Code requirement, except under kitchens and bathrooms.
J-61 Design units with infant and toddler safety in mind (e.g. stairs that easily accept toddler gates, no glass room dividers, and ability to add child safety devices or window locks to prevent toddlers from climbing out of win-dows).
EXAMPLE F3 Bedroom/2.5 Bath with Study/Play Room 2-LEVEL – 1,437 SF(Interior access from corridor; single aspect)
EXAMPLE E2 Bedroom/2.5 Bath 2-LEVEL – 1,263 SF(Exterior access from courtyard/mew/street)
EXAMPLE G4 Bedroom/2.5 Bath 2-LEVEL – 1,548 SF(Exterior access from courtyard/mew/street; note: stacked unit above with gallery access possible)
Upper Level
Upper Level
DESIRABLE
The examples above illustrate ways to layout two-story family friendly two-, three-, and four-bedroom units.
Note: Ten percent of two-story units must meet accessibility standards at entry level.
Upper Level
Page 141 of 150
July 15, 2020
Mr. John Carrington
Interim Town Manager
4 South Eagleville Road
Mansfield, CT 06268
Re: Grant Award - Affordable Housing Plan Technical Assistance Grant Program
Dear Mr. Carrington,
Enclosed you will find the Notice of Grant Award, in the amount of 15,000 for the Affordable
Housing Plan Technical Assistance Grant for the Town of Mansfield. This funding is for the time
period indicated and the project must be completed by the end date indicated on the attached Notice
of Grant Award. Please sign and date the Award document and return the signed document to Paula
Thantaha-Christensen at: [email protected] . Please do not alter or make changes to this
Award document. A copy of the fully executed Award document will be sent to you after it was
approved and signed by the commissioner.
In addition, kindly provide a current resolution of authority passed by the organization’s governing
board signed within 30 days from the date of the award, indicating that the officer that signs the grant
award is specifically authorized to do so.
Please note that DOH cannot reimbursement any funds expended or obligated prior to the beginning
date of the Award. Funding will not be available until Bond Commission allocates the funds. DOH
will notify you as soon as the funding is allotted.
Please contact Paula Thantaha-Christensen at: [email protected] with any questions
regarding this matter. Thank you for your continued cooperation.
Sincerely,
Seila Mosquera-Bruno
Commissioner
Encl.
MCS/PT
Page 142 of 150
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If your host requires one, be sure to have the meeting password handy
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Page 146 of 150
CONNECTICUT FEDERATION OF PLANNINGAND ZONING AGENCIES
QUARTERLY NEWSLETTERummer 2020
Summer WebinarPronouncements have been made thatzoning in general, and local control ofland use in particular, are a leadingracial segregation in our state. Couldtowns lose zoning authority? We arelooking into holding a webinar thissummer on this topic. If you would liketo receive a notice, please e—mailus [email protected].
STATE APPEALS COURT REMINDSUS IT’S ABOUT THE USE
NOT THE USER
A shorefront hotel held outdoorsummer concerts several times each yearon a town owned park that abutted thehotel’s property. Both the hotel and thepark were nonconforming uses. Thehotel property was subjected to varioususe restrictions that had been part of acomprehensive variance granted to it inthe past. Outdoor concerts were notspeci?cally mentioned as part of thisvariance approval. Several nearbyneighbors grew increasingly frustratedby these concerts and sought apermanent injunction from the court.
The neighbors’ property, as wellas the hotel and park, were located in aresidential zone that allowed singlefamily homes and only those other usesnot detrimental to single family uses.Public parks and hotels were not
permitted in the zone and there was noevidence that outdoor concerts took
Volume XXIV, Issue 3
place at the hotel or park properties priorto the adoption of zoning.
The court granted the injunctionand banned any future outdoor concertsat the park ?nding they would be anillegal expansion of the nonconforminghotel use as well as the nonconformingpark. This decision was reversed by theAppellate Court. First, the court foundthat only the use of the park propertywas relevant as the concerts did not takeplace on hotel property. Thus, therecould be no expansion of anynonconforming aspect of the hotelproperty. Second, there was evidencethat the town allowed outdoor concertsat other town parks and that the term‘park’ was not defined in the zoningregulations. Based on this evidence, thecourt found that since an outdoor concertwas a typical use of park property, therewas no expansion of the nonconformingpark property near the hotel when it alsohosted outdoor concerts. See Phister v.Madison Beach Hotel LLC, 197 Conn.App. 326 (2020).
AUTO RACE TRACKS SUBJECTTO ZONING SAYS STATE
SUPREME COURT
In a recent opinion by our State SupremeCourt which involved a well—knowncarracing venue, the authority of a planningand zoning commission to regulate sucha use of land was affirmed. The casearose from an appeal of a decision by thecommission to amend its zoning
Written and Edited byAttorney Steven E. Byme
790 Fannington Ave., Farmington CT 06032Tel. (860) 677-7355Fax. (860)677-5262
amsbyrne@,gmail.comcfpza(zlive.com
Page 147 of 150
CONNECTICUT FEDERATION OF PLANNINGAND ZONING AGENCIES
regulations to clarify what activitieswere permitted at Lime Rock Park.Historically, Lime Rock Park had beengoverned by several court judgmentswhich stipulated as to when certainactivities could take place. One of thesestipulations was that unmuf?ered
automobile racing could not take placeon Sundays.
Lime Rock Park claimed thatConnecticut General Statute Sec. 14-164a(a) preempted the Commission’szoning regulation which prohibitedunmuf?ered racing on Sunday. TheState statute provided in part that suchracing could take place, duringreasonable hours, on any weekday andafter 12 noon on Sundays. In order toresolve this issue, the Court looked to
the history of this State statute. Until itwas amended in 2004, this State statutehad always provided that any suchracing could be approved by theappropriate state agency as long as it didnot conflict with any municipalordinance. Relying on this history, theCourt reasoned that the state legislature,when it amended the statute in 2004without any debate, would not havedeparted from this long history ofallowing municipal control overautomobile racetracks. Since Sec. 14-l64a(a) was prohibitory in nature, theCommission was acting within itsauthority when it imposed additionalrestrictions on Lime Rock Park,including the ban on Sunday racing.
QUARTERLY NEWSLETTERVolume XXIV, Issue 3
Lime Rock Park also challengedthe validity of the Sunday racingprovision of the regulations on the basisthat it was an invalid noise regulation.Before a municipal noise ordinance canbe adopted, it must first comply withConnecticut General Statutes Sec. 22a-73 which requires, among other things,that the proposed ordinance be approvedby the Commissioner of the Departmentof Energy and Environmental Protection.The Court found that the zoningregulation in question, which did notimpose a noise level scheme but insteadbanned a particular use due to it beingincompatible with the neighborhoodwherein it would take place because ofexcessive noise was valid. One of thepurposes of zoning is to eliminatenuisances. Thus, restricting loud,unmuf?ered automobile racing couldreasonably be viewed as a way toeliminate a nuisance to thisneighborhood, especially on Sundays.See Lime RockPark LLC v. Planning &Zoning Commission, SC 20237, 20238,20239 (2020).
OPINION LETTER BY ZEO IS AFINAL DECISION SUBJECT TOAPPEAL TIME LIMITATIONS
A cease and desist order wastimely appealed by the owner of a quarryto the zoning board of appeals. Thecease and desist order alleged that thequarry operation was not permitted bythe zoning regulations and needed to
Written and Edited byAttomey Steven E. Byrne
790 Fannington Ave., Farmington CT 06032Tel. (860) 677-7355Fax. (860) 677-5262
[email protected]@live.com
Page 148 of 150
ummer 2020
stop. The quarry owner alleged indefense that his quarry was anonconforming use and thus couldcontinue. As support for this claim, thequarry operator produced a writtenopinion by the prior ZEO that the quarryoperation was a nonconforming use.This written opinion had been issuedseveral years before and was recorded onthe land records. The Board ignored thisletter and upheld the issuance of thecease and desist order.
An appeal to court followed. Insustaining the appeal, the court foundthat the operative decision was thewritten decision by the prior ZEO andthat this decision could not bechallenged at this late date. Thus, theboard was without jurisdiction to ruleon the issue of whether the quarry was anonconforming use as that issue hadbeen decided by the prior ZEO and thetime to appeal this decision had longsince expired. See One Barberrjy RealEstate Holding LLC v. Zoning Board ofAppeals, 69 Conn. L. Rptr. 297 (2019).
PZC CAN SUE ZBA OVERVARIANCE APPROVAL
When a planning and zoningcommission appealed a decision to granta variance, the zoning board of appealsmoved to strike the complaint because itclaimed a planning and zoningcommission was not aggrieved by itsdecision. The court found in favor of the
CONNECTICUT FEDERATION OF PLANNINGAND ZONING AGENCIES
QUARTERLY NEWSLETTERVolume XXIV, Issue 3
commission and allowed the appeal toproceed.
The court reached its decision byfirst ?nding that the commission, underConnecticut General Statutes Sec. 8-8(1), is included as a person and thuscould be aggrieved. Then, since thecommission, as well as its agent, areentrusted with enforcing the zoningregulations, and a variance approved bya zoning board of appeal authorizes aviolation of the zoning regulations, it isaggrieved by such a decision. Thisdecision will certainly cause somediscomfort to Boards of Finance. SeePlanning & Zoning Commission v.Zoning Board ofAppeals, 69 Conn. L.Rptr. 405 (2019).
ANNOUNCEMENTS
Workshops - If your land use agencyrecently had an influx of new membersor could use a refresher course in landuse law, contact us to arrange for aworkshop to be held at your nextmeeting. At the price of $180.00 persession for each agency attending, it isan affordable way for your commission
7
or board to keep informed.
ABOUT THE EDITORSteven Byrne is an attorney with an o?ce inFarmingtan. Connecticut. A principle in the law?rm of Byrne & Byrne LLC, he maintains astrong focus in the area of land use low and isavailable for consultation and representation inall land use matters both at the administrativeand court levels.
Written and Edited byAttorney Steven E. Byme
790 Farmington Ave., Farmington CT 06032Tel. (860) 677-7355Fax. (860) 677-5262
[email protected]@live.com
,.1;liali‘~\=‘“':l Page 149 of 150
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liii’?§m“ii’iiffi§'i'HUI"”l’iiI’iili"'il'l”'l'Iilii'iiiiPage 150 of 150
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