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

2. 2 LEGAL AD

3. 3 CITY PLAN COMMISSION REPORT

4. REGIONAL PLANNING COMMISSION REPORTS 4

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

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

7. PAGE SEC. COMMENT ACCESSORY STRUCTURES 404.08Delete Accessory Apartments 414.08Delete Accessory Apartments from Single Family Accessory use list 504.08Delete Accessory Apartments PAGE SEC. COMMENT ACCESSORY APARTMENTS 94 9.01.06Need to add section about standards for accessory Structures. 7

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

9. 44 4.08add "picnic recreation areas ", "outdoor sports facilities". "Outdoor firing ranges" 'Rod and gun clubs" to "Commercial Outdoor Recreation" 152 10.13Expand to reflect a broader definition of Commercial Outdoor Recreation. Need standards for outdoor firing ranges. 949.01.07Rewrite to exclude trailers and construction equipment. Also make it clear that the vehicle can not remain on site for more that 30 continuous days. PAGE SEC. COMMENT COMMERCIAL OUTDOOR RECREATION PAGE SEC. COMMENT COMMERCIAL OUTDOOR RECREATION SPECIAL STANDARDS PAGE SEC. COMMENT COMMERCIAL VEHICLES IN RESIDENTIAL AREAS 9

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

11. PAGE SEC. COMMENT DEVELOPMENT STANDARDS 52 4.09RM & RH frontage sideyard standards Inconsistent refer to page 63 52 4.09Add footnote #1 to in RM, RH and RO frontage standard. Text of Note :"Greater of 60 feet or 25 feet per dwelling unit with direct access to the exterior of the structure except as authorized by a special exception." This would have effect of favoring apartment builds over sideways townhouses on lots with limited frontages. 63 5.04.03Replace "frontage with "Greater of 60 feet or 25 feet per dwelling unit with direct access to the exterior of the structure except as authorized by a special exception.“ 63 5.04.03Remove larger side yard for Group living Facilities. 66 5.05.03Replace "frontage with "Greater of 60 feet or 25 feet per dwelling unit with direct access to the exterior of the structure except as authorized by a special exception.“ 69 5.06.03Replace "frontage with "Greater of 60 feet or 25 feet per dwelling unit with direct access to the exterior of the structure except as authorized by a special exception." 11

12. 12 PAGE SEC. COMMENT DEVELOPMENT STANDARDS 2 52 4.09Establish Maximum Residential Densities for each District which allows dwelling units.

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

14. 10 2.02.02 4Include "Substantial portion of Stock or trade" and "Substantial portion of viewing time" which are existing Adult Establishments Definitions 15 2.02.02 Replace family definition with "Family. - Any number of persons related by blood, marriage or adoption living and cooking together as a single housekeeping entity in the same dwelling unit or not more than three (3) persons not related by blood or marriage living and cooking together as a single housekeeping entity in the same dwelling unit, as distinguished from a group occupying a boarding house, rooming house, tourist home, club, fraternity, hotel or motel. “ 15 2.02.02 Insert definition "Group living entity - Two or more persons sharing a common dwelling unit who are placed in the dwelling unit by any business, governmental agency, nongovernmental agency, club, organization, congregation, entity or individual who does not reside within the dwelling unit or any number of persons occupying group living quarters." PAGE SEC. COMMENT DEFINITIONS 1 14

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

16. 22 2.02.02 71 nAdd "not requiring a building permit" to definition of temporary sign. 23 2.02.02 75 Does not mention ZBA Special exception Take out - not needed 23 2.02.02 76Take out Special permit definition - not needed PAGE SEC. COMMENT DEFINITIONS 3 31 4.05Does not mention city exemption, Also exemption of stat and federal property not clear, think this may have been intended for DPUC and Siting Council authority PAGE SEC. COMMENT EXEMPT USES 16

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

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

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

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

21. EXISTING PARKING SPACE STANDARDS 21

22. PROPOSED PARKING SPACE STANDARDS 22

23. 23 SIMPLIFIED ALTERNATIVE (SHARED) PARKING

24. 24 SIMPLIFIED ALTERNATIVE (SHARED) PARKING 2

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

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

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

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

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

30. EXISTING DISTRICT SECTION 30

31. RECOMMENDED DISTRICT SECTION 31

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

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

34. 34

35. 35 THOMASTON AVE. PERKINS ST. & CHASE AVE. EAST MAIN ST. SOUTH MAIN ST. ELLEN ST. & LUCILLE ST.

36. 36 MAP REQUEST 1 CHASE PKWY & WOOSTER ST AS PROPOSED RO – RESIDENTIAL OFFICE DISTRICT REQUESTED CO – COMMERCIAL OFFICE DISTRICT

37. 37 MAP REQUEST 2 SOUTHMAYD & EAST MAIN ST AS PROPOSED CG – GENERAL COMMERCIAL DISTRICT REQUESTED CA – COMMERCIAL ARTERIAL DISTRICT

38. 38 COMPARISON OF DISTRICT AREA

39. 39 SPECIAL EXCEPTION USES (CITY PLAN COMMISSION)

40. 40 RESIDENTIAL USES BY SPECIAL PERMIT (ZONING COMMISSION) RESIDENTIAL USES BY ZONING PERMIT (STAFF)

41. 41 COMMERCIAL USES BY SPECIAL PERMIT (ZONING COMMISSION)

42. 42 COMMERCIAL USES BY ZONING PERMIT (STAFF)

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

44. 44 ACCESSORY USES BY SPECIAL PERMIT (ZONING COMMISSION) ACCESSORY USES BY ZONING PERMIT (STAFF)

45. 45 Crematories Add to Table Junk and Salvage Yards Move Standards to Hazardous Industrial Operations Veterinary Services Add to Table Wind Energy Conversion Revaluate need for this as a separate use Systems ZONING COMMISSION Special Permit for Parking Reduction ZONING BOARD OF APPEALS Special Exception for an Expansion of a Nonconfoming Use Special Exception for a Change of a Nonconfoming Use Special Exception for Reasonable Accommodation OTHER USES OTHER APPROVALS