LEGAL NOTICE                 

Notice is hereby given that the Westport Planning and Zoning Commission will hold a Public Hearing on Thursday, September 8, 2011, at 7:00 P.M. in Town Hall, 110 Myrtle Avenue to hear the following:

1. 2 Burnham Hill:   8-24 Request by the First Selectman for a report from the Planning and Zoning Commission regarding an equal area property exchange for the purpose of sightline improvement and sidewalk widening located at 2 Burnham Hill, PID # E05037000, Res AA zone.
2. Amendment #637:  Appl. #11-035 by the Planning and Zoning Commission for an amendment to the Westport Zoning Regulations to add a new zoning district, §36, Theater Overlay Zone, (TOZ), to modify §5, (Definitions), §5-2, (Specific Terms), to modify change of use to address theaters and to add a new definition for Theater; §36-1, (Purpose), to create the purpose statement for the overlay zone; §36-2, (Designation/Uses Permitted), to create the designation and Permitted Uses section; §36-3, (Lot Shape & Area), specifies that there is no minimum lot shape or area for the Theater Overlay Zone; §36-4, (Setbacks), to allow existing setbacks to be maintained and to allow height increases within a non-conforming setback. To require a 15 foot front setback or existing setback whichever is less.  No side or rear setbacks; §36-5, (Height), no number of stories requirements, maximum building height of 40 feet for a single level and 60 feet for a two level or stacked theater. No more than two 60 foot high structures permitted in the TOZ; §36-6, (Coverage), limited to the allowable building coverage of the underlying zone.  The Planning & Zoning Commission may authorize additional building coverage as part of a Site Plan/Special Permit review for a theater; §36-7, (Building Area), no mandatory requirement; §36-8, (Floor Area), §36-8.1, no one building shall exceed 10,000 square feet of gross interior floor area and no group of stores shall exceed 50,000 square feet of gross interior floor area;  §36-8.2, through Site Plan/Special Permit, the Planning and Zoning Commission may authorize a building that contains a Theater to receive additional floor area; §36-8.3, (Floor Area Ratio, FAR), §36-8.3.1, to allow for retention of non-conforming FAR if greater than the underlying zone; §36-8.3.2, allows the Planning and Zoning Commission to authorize an increase in FAR through Site Plan/Special Permit review for a theater ; §36-9, (Architectural Design), same language found in other non-residential districts regarding Architectural Design requirements; §36-10, (Signs), to allow the Planning and Zoning Commission to authorize up to a 50% increase in the allowable signage area for Theater uses only, through Site Plan/Special Permit, theater marquee signs are allowed; §36-11, (Parking), §36-11.1 no parking required for lots located in the BCD or BCD/H zones that are located within 500 feet of a Municipal Parking lot containing 100 parking spaces, additional floor area constructed after rezoning to TOZ will require parking to be provided on-site at a ration of one space for every 180 square feet; §36-11.2, for other eligible lots parking must be provided in accordance with §34, joint parking pursuant to §34-8.1 may be used for up to 75%of the portion of the building used as a theater and parking may be provided on nearby private property that is located within 500 of the subject for up to 50% of the required parking with a lease of at least 50 years provided the time and days of use do conflict; §36-12, (Landscaping, Screening and Buffer Areas), in accordance with §35 unless modified by the Commission; §36-13, (Change of Use), the removal of any Theater approved under this section and its conversion to another use, requires a Site Plan/Special Permit from the Planning and Zoning Commission.
3. Amendment #638:  Appl. #11-039 by William J. Fitzpatrick, III for an amendment to the Westport Zoning Regulations to modify §30, Historic Design District (HDD); §30-1 (Purpose), to add office use, primarily above the first floor; §30-2.2 (e), (Special Permit Uses), to delete the words “on the ground floor; and on the upper floors not to exceed 10% of the sum of the gross floor area of all buildings existing on the effective date of the HDD”; 30-2.2 (h), (Special Permit Uses), to delete the words “and not to exceed 10% of the sum of gross floor area of all buildings existing on the effective date of the HDD.” And to add “with the exception of the ground floor of the largest building existing on the date of the HDD, and up to 500 square feet of ground floor area abutting said building”; §30-5.1, (Maximum Height), to modify building height to allow an increase in height up to three feet to a building on a lot bordered by the HDD on more than four sides and abutting the largest lot in the HDD; §30-6.1 (Building Coverage), to modify to allow building coverage of 100% on a lot bordered by the HDD on more than four sides and abutting the largest lot in the HDD; §30-8.1, (Existing FAR), to modify that no FAR limitations shall apply to a lot bordered by the HDD on more than four sides and abutting the largest lot in the HDD, or to the conversion to floor area of an existing area constituting coverage; §30-8.4, ( Total FAR), to modify that no FAR limitations shall apply to a lot bordered by the HDD on more than four sides and abutting the largest lot in the HDD, or to the conversion to floor area of an existing area constituting coverage.

At this meeting interested persons may be heard and written communications received.  The file may be examined in the Planning and Zoning Office, Room 203, Town Hall, 110 Myrtle Avenue, Monday, Wednesday and Friday, 8:30 A.M. to 3:00 P.M. and Tuesday and Thursday 8:30 A.M. to 4:30 P.M.

Dated at Westport, Connecticut this 24^th and 31^st day of August, 2011

Ron Corwin,   Chairman, P&Z Commission