Text Amendment #62113 – Residential Coverage Regulationstaurants & Liquor EstablishmentsAppl. #
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Memorandum
To: Members, Planning and Zoning Commission
From: Larry Bradley, Deputy Planning and Zoning Director
Date: May 12, 2010September 22, 2010
Re: Text Amendment #62113: Appl. #10-03714 by the Planning and Zoning Commission for an amendment to the Westport Zoning Regulations to modify §5-2, Definitions of Change of Use, Floor Area, Restaurant & Fast Food Restaurant, to modify §22 the RORD Zone, to modify §23 the RBD Zone, to modify §24 the GBD Zone, to modify §24A the GBD/S Zone to modify §25 the HSD Zone, to modify §28 the BPD Zone, to modify §29 the BCD Zone, to modify §29A BCD/H Zone, to modify §30 the HDD Zone, to completely rewrite §31-9 Liquor Establishments, to modify §32-20 Outdoor Eating Areas and to modify §34-5 Off-Street Parking & Loadingthe regulations regarding Building and Total Coverage for Residential Structures.
Statutory Time Lines: No deadlines for action as application authored by the Planning and Zoning Commission
Statutory Time Lines
Application Submission Date:
Application Receipt Date:
65 Days from Date of Receipt (when public hearing must open):
Public Hearing Opened (scheduled to open):
35 Days from Public Hearing Commencing (when hearing must close):
65 Days from Close of Public Hearing (when decision required):
Summary
Have Have all the documents been submitted by the applicant as required in accordance with (insert §42, §44, or §52, as applicable)? / YesWere any waivers to submit documents requested by the applicant and granted by the Planning Director in accordance with §44-4?
Were any variances requested from the Zoning Board of Appeals in accordance with §46 or are any waivers requested from the Planning and Zoning Commission in accordance with (fill in § reference as appropriate)?
Does the application appear to meet all applicable zoning requirements?
If not, indicate why not. / Yes
Has the applicationnt received all necessary prior approvals in accordance with (insert §44-2.1 or 52-5, as applicable)? / Prior approvals are not required. The application was referred to the regional planning agencies and Department of Environmental Protection, Office of Long Island Sound Programs and the South Western Regional Planning Agency for comments consistent with Connecticut General Statutes. The application was also referred to Town Department heads and the Architectural Review Board for comments consistent with past practices. All comments received to date are listed and/or attached herein.
Other comments? / Members of the Planning and Zoning Commission must consider whether the amendment is consistent with the Zoning Regulations, Zoning Map and the 2007 Town Plan of Conservation and Development as required in accordance with C.G.S. §8-2, Regulations.
The Planning and Zoning Commission must also determine if the applicant’s Explanatory Statement and any testimony offered at the public hearing is persuasive in concluding the amendment will benefit the Town, in accordance with §42 of the Westport Zoning Regulations.
Description of Application
Applicant / Westport Planning & Zoning CommissionRequested Action / Text Amendment approval
Purpose / The purposes of revising the coverage regulations are to close some gaps in our current regulations and to provide a rational basis for regulating development within the Town of Westport. Coverage regulations specify how much a particular property may be covered with buildings, structures, parking spaces or impervious surfaces. The proposed changes will help to reduce the overall coverage allowed in the town; to aid in the control of storm water and to improve water quality flowing into our rivers, streams and Long Island Sound; and to rationalize Building Coverage and Total CoverageTo make it easier for restaurants and entertainment venues to establish themselves and remain profitable by allowing such uses in more locations and easing restrictions such as separating distances for patron bars and parking requirements. Further this amendment will provide incentives that encourage the use of permeable materials and elements of architectural diversity.
Existing Zoning
Location / Variable
Lot Size
Existing Land Use
Surrounding Land Use and Zoning
20071997 Town Plan of Conservation and Development / “Overall Philosophy Of This Plan
As in the 1997 Plan, a theme that weaves through the various chapters of the 2007 Plan of Conservation and Development is that conservation of existing natural and built resources is valued more in Westport than the promotion of new or expanded commercial or residential development.
The underlying philosophy of this Plan is to:
1. Conserve and protect natural resources.
2. Protect the predominantly single-family residential focus and small-town feeling of Westport.
3. Provide additional housing opportunities for Westport residents.
4. Restrict commercial development to existing commercial zones.
5. Promote needed traffic and drainage improvements.
6. Encourage the protection of historical properties.
7. Protect waterfront areas from adverse development.
Actively pursue the acquisition of open space; ensure that land is retained for future needs.A major goal of this Plan is to enhance the appearance and functioning of all commercial areas. Since future development in these areas should create a strong “sense of place”, this Plan recommends a defined focus on building and site design. At the same time, the Plan recommends that changes and improvements within commercial zones minimize negative influences on neighboring residential quality of life. The Plan recommends that when considering development proposals, commercial land use areas should be maintained within their existing zoning limits without extending into residential areas.” Pg vi7-1
“Most threats to water quality in Westport come from storm water runoff which has picked up sediment, automobile emissions and debris, pesticides, fertilizers, and other pollutants.Westport Center is the main activity center and focal point of Westport -- the heart of a vital, well developed, and yet balanced community. An area of 110 acres of land (144 acres total) that offers a blend of government, retail, office, food, cultural, recreation, and leisure activities in a fairly compact setting, the downtown area is most active during the business day; activity drops-off noticeably after 6:00 PM.” Pg 3-4 7-2
“With increasing concern over global climate change and sea level rise, zoning regulations for the coastal areas need to encourage a gradual retreat from the vulnerable low-lying waterfront areas. For the near future, Westport should ensure that the amount of development in low-lying, flood prone sections of the coastline is not increased. Plans should be made to limit development. This is especially true in the Saugatuck Shores area where sewer extensions to address health issues may increase development and in the “V” flood zones where structures are subject to intense wave action.In terms of the types of businesses in Westport in general (not just the downtown area), respondents to the telephone survey indicated the following” Pg 3-5:
Businesses / Too Few / Right Amount / Too Many / No
Opinion
Locally owned retail stores / 70 % / 22 % / 5 % / 3%
Family restaurants / 50 % / 41 % / 3 % / 6%
Fine dining restaurants / 22 % / 63 % / 11 % / 4%
Quick service restaurants / 14 % / 60 % / 23 % / 3%
National retail chain stores / 6 % / 27 % / 65 %” / 2%
Pg 7-3
“ It is a central goal of this Plan and of prior plans to maintain the low density single family residential character of Westport’s neighborhoods. The overall character and ambience of existing neighborhoods is responsible for the recognized quality of life in Westport.
In order to achieve this goal, regulations protecting residential districts and zoning standards must be maintained, improved, strengthened where needed, and enforced. Westport must strive to maintain a balance between its established neighborhoods and the need to revitalize, modernize and allow for the diverse economics of its citizenry.Whereas less than 50% of those who responded to the survey felt that Main Street would benefit from wider sidewalks or that Westport needs more restaurants and more apartments in the downtown area, the Plan takes a different position. These elements are believed to be essential to recreating a dynamic ‘sense of place’ in a revitalized, aesthetically appealing downtown area.” Pg 7-55-1
“One of the ways that residential neighborhoods are changing in Westport is due to housing “teardowns” and “rebuilds”. This is occurring because:
· some older housing units are not well-configured for the housing needs of families in the 21st century (size of rooms, size of kitchen, lack of insulation, lack of storage space, etc.),
· vacant lots are not available in Westport to satisfy the demand for new construction, and
· the local housing market supports such activity.
In addition, the zoning regulations in place in Westport allowed such development to occur. When the regulations were adopted more than a half century ago, nobody anticipated that future homeowners would attempt to maximize every dimensional standard in what was intended to be a flexible “building envelope”.
In the telephone survey, 79 percent of respondents felt that Westport needs to do more to limit the size of residential homes.
Westport’s zoning regulations need to be amended to ensure that housing units being built are in scale and proportion with the lot size and the neighborhoodEncourage the community use of ‘outdoors’ in both traditional green spaces (parks) and in retail/restaurant corridors.” Pg 5-37-6
“Manage Housing “Rebuilds”
1. Adopt a building coverage limitation for all zones.2. Consider reducing allowable building heights and eliminating the regulation of building height based on stories.
3. Consider using building sections when measuring building height.
4. Consider limiting building height adjacent to side setbacks to reduce the impact on neighboring properties.
Consider adjusting what elements are considered in building coverage and total coverage.Allow additional uses which promote evening activities and outdoor life. These may include additional outdoor seating permitted for restaurants; seasonal kiosks/food vendors with their own seating in parks, plazas or other feasible locations.” Pg 5-67-9
“Restaurants in close proximity to one another that provide a night-life business that attracts Westporters and out-of-towners. The large parking lots at the station that are empty at night and on weekends can support and handle more of this use.” Pg 7-11
Zoning History
Applicable Regulations / §5-2, Definitions; §6-2.2 Coverage (for non conforming lots); §11-6, AAA Zone – Coverage; §12-6 AA Zone –; §13-6 A Zone – Coverage; §14-6 B Zone – Coverage; §16-6 MHPD Zone – Coverage; §45-3.5.3 (Drainage Requirements for Zoning Permits), Summary Schedule of Residence District Provisions; Appendix D, the Lot Area coverage Worksheet and new Coverage§5-2, Definitions of Change of Use, Floor Area, Restaurant & Fast Food Restaurant, §22 the RORD Zone, §23 the RBD Zone, §24 the GBD Zone, §24A the GBD/S Zone §25 the HSD Zone, §28 the BPD Zone, §29 the BCD Zone, §29A BCD/H Zone, §30 the HDD Zone, §31-9 Liquor Establishments, §32-20 Outdoor Eating Areas §34-5 Off-Street Parking & Loading and §42, Amendment of Zoning Regulations
Background
In Chapter 7 of the 2007 Plan of Conservation and Development there are numerous references that address the need to create more opportunities for dining opportunities and evening activites in Westport Center and elsewhere.
The Commission as part of its “quick hits” program has developed a series of text amendment focused on revitalizing Westport’s commercial areas. These changes will bring life and vitality to our commercial areas and help keep Westport’s business community competative with other surrounding municipalities.
On July 21, 2009 members of the Planning & Zoning Commission met with a group in Town Hall called Celebrate Westport, along with First Selectman Gordon Joseloff and Second Selectman Shelly Kassen. Celebrate Westport is a group of merchants and non-profit organizations that meet periodically to discussed matters concerning operating businesses and non-profits with the Town of Westport. At that meeting, they relayed their concerns regarding P&Z related matters and shared some perspectives on matters that the Commission must consider when making and enforcing its regulations. Below is a summary list of issues and suggestions they made that emerged from the meeting:
1. There should be a packet for new businesses to help them through the permitting process (especially when food service is involved).
2. Signage regulations should be reviewed to make it easier for businesses and non-profit organizations to attract customers, and advertise events and services.
3. Enforcement of signage (and other regulations) should be more uniform. Efforts should be made to address illegal signage on State roads as well.
4. Regulations should be simplified and barriers reduced to allow for outdoor dining and events such as tent sales and outdoor fund raising events.
5. Information kiosks should be located in key locations so that non-profits can inform the public about upcoming events.
6. The zoning regulations should be examined with respect to non-profit institutions in Residence Zones. Some in the group felt that there should be some flexibility to allow such institutions to have some limited use of their facilities for events and gatherings that are not directly related to the core mission of the institutions without them becoming commercial ventures.
7. Parking. There was discussion concerning the “over parking” of Westport. Parking requirements for both non-profits and businesses in town should be re-evaluated to see if lower parking requirements could be implemented.
In 2006, the Planning & Zoning Commission responding to two major issues – the increasing number of very large houses in Westport and its potential negative impact on the environment and the character of the Town. The Commission engaged Planimetrics, a land use consulting firm, to assist them in developing new Residential Structure Zoning Regulations. Glenn Chalder from Planimetrics provided the Commission with draft regulations and in depth analysis of residential development in the Town of Westport (The complete report is available in the file). Since first hiring Planimetrics, the Commission has been working, although not continuously, to develop a new set of Residential Structure Regulations. This latest effort has focused primarily on the residential coverage regulations. The Planning & Zoning Commission has also made previous efforts in the past to change residential structure regulations with only very limited changes being adopted.
A major finding of the Planimetrics report was that if no changes were made to the Town’s coverage regulations, the potential increase in coverage over what existed at the time the report was done was an additional 17,691,535 square feet of Building Coverage and 47,346,980 square feet of Total Coverage. Much of this resulted from the fact that for the AA and AAA zones in Westport, not Building Coverage Requirement exists. In other words, a one acre property, except for a driveway, could accommodate approximately a 10,750 square foot house on one level. As the current regulations allow 3 stories on a one-acre property, this allows a house close to 32,000 square feet.