Town of Westport                                                     
Planning and Zoning Commission
Town Hall, 110 Myrtle Avenue
Westport, CT 06880
Tel: 203-341-1030    Fax: 203-454-6145   
www.westportct.gov                                June 12, 2020

SPECIAL NOTICE ABOUT PROCEDURES FOR THIS ELECTRONIC MEETING:
Pursuant to the Governor’s Executive Order No. 7B, there will be no physical location for this meeting. This meeting will be held electronically and live streamed on www.westportct.gov  and shown on Optimum Government Access Channel 79 and Frontier Channel 6020. Public comments may be received PRIOR to the Public Hearing and should be sent to PandZ@westportct.gov  Public comments may be also be received DURING the meeting if they: (i) are sent to PandZcomments@westportct.gov, (ii) state your full name and address, (iii) identify the Public Hearing agenda item to which your comment relates, and (iv) are received before the public comment session on that agenda item ends. Comments on Public Hearing items that do not meet these requirements will be placed in the public file but will not be read aloud during the meeting. Comments not pertaining to Public Hearing items will not be read aloud during the meeting. If you would like to give your Public Hearing comments by participating in real time in the meeting, please send an email by noon on June 18. 2020, to maryyoung@westportct.gov stating your name and address and the Public Hearing agenda item to which your comments will relate, and meeting participation details will be emailed to you to enable you to participate in real time in the Public Hearing. Meeting materials are available at www.westportct.gov, on the Planning and Zoning Department web page under “P&Z Pending Applications & Recent Approvals”.
AGENDA
PLANNING & ZONING COMMISSION MEETING
THURSDAY, JUNE 18, 2020 AT 5:00PM (early start time)
I PUBLIC HEARING
1. Text Amendment #777: (This application was continued from 6/11/20 meeting, no testimony received). #PZ-20-00133 submitted by Richard Redniss to: Modify §4-5, Maximum Allowable Multi-Family Dwellings, to exempt dwellings approved pursuant to proposed §32-26; Add a definition to §5 for Below Market Rate Housing Units (BMR’s); and Add a use subject to Special Permit approval to §32, Supplementary Use Regulations, proposed as §32-26, Adaptive Reuse and Redevelopment of Nonresidential Buildings to Housing. The text amendment if adopted will enable preservation and Adaptive Reuse of existing non-residential buildings to be converted to Multi-Family Dwelling use on properties both listed on the Historic Resources Inventory (HRI) and located in a split zoning district consisting of the Residential A and B Zones.  A copy of the proposed text amendment is available on-line at www.westportct.gov is on file in the Town Clerk’s Office, is on file in the Planning and Zoning Office, and is attached to this notice (must close by 7/16/20 + 90-day extension if needed). 
Applicant’s presentation time: 20 Minutes





2. 41 Richmondville Avenue: (This application was continued from 6/11/20 meeting, no testimony received). Appl.  #PZ-20-00132 submitted by Rick Redniss for a Special Permit/Site Plan for property owned by 41 Richmondville LLC for Adaptive Reuse and Redevelopment of Non-Residential Buildings to Housing for a building listed on the Historic Resources Inventory (HRI) located on property in the Residence A zone and Residence B zone, PID#C12046000, relying upon adoption by the Planning and Zoning Commission of proposed Text Amendment #777 (must close by 7/16/20 + 90-day extension if needed).
Applicant’s presentation time: 20 minutes.


II WORK SESSION
(The following items will be discussed and voted on as time permits. The public may observe the work session, but not participate.)
New Business:
• Discussion of Draft Proposal to Modify the P&Z Fee Schedule, Appendix A.

No Old Business:

A copy of the Agenda for the Planning & Zoning Commission hearing on June 18, 2020 is available on-line at www.westportct.gov, on the Planning and Zoning Department web page under “Planning & Zoning Department”.   Due to the closing of Town Hall to the public during the COVID-19 emergency, and pursuant to the Governor’s Executive Order #7I, the Legal Notice/ Agenda for the Planning & Zoning Commission hearing on June18, 2020 cannot be viewed at the Westport Town Clerk’s Office or the Westport Planning and Zoning Office at this time.

It is the policy of the Town of Westport that all Town-sponsored public meetings and events are accessible to people with disabilities.  If you need assistance in participating in a meeting or event due to a disability as defined under the Americans with Disabilities Act, please contact Westport’s ADA Coordinator at 203-341-1043 or eflug@westportct.gov at least three (3) business days prior to the scheduled meeting or event to request an accommodation.

Dated at Westport, Connecticut on this 12th day of June 2020, Danielle Dobin, Chairman, Planning and Zoning Commission. 





Revised 5-21-2020
2-5-2020
Notes:
• Proposed new language is shown underlined.
• Language [highlighted in brackets] may be withdrawn depending on the approval of companion Special Permit and Site Plan application.

Proposed Text Change #777
TO AMEND:  
• §4-5 Maximum Allowable Multi-Family Dwellings by amending standard #2, [if necessary] 
• §5 “DEFINITIONS”, by adding a new “Below Market Rate Housing Units (BMRs)”, and 
• §32 “Supplementary Use Regulations”, by adding NEW §32-26 “Adaptive Reuse and Redevelopment of Nonresidential Buildings to Housing” to read as follows:

§4-5 Maximum Allowable Multi-Family Dwellings
2. The first two-hundred (200) multi-family units approved under §32-15B, Age-Restricted Housing, per §32-15B.18, [Adaptive Reuse and Redevelopment of Nonresidential Buildings to Housing, per §32-26.15,] Exemptions and/or dwelling units under §39A-3, Inclusionary Housing Overlay District, Designation/Uses Permitted, ALFCIL Facilities. 

§5 DEFINITIONS
Below Market Rate Housing Units (BMRs):
Housing units deed restricted to sell or rent for less than unrestricted market rate units which may or may not meet the definition of Connecticut General Statue §8-30g and/or other deed restricted housing units approved by the Planning and Zoning Commission to sell or rent at an amount affordable to families earning less than 100% of the Area Median Income.
32-26 Adaptive Reuse and Redevelopment of Nonresidential Buildings to Housing
32-26.1 Purpose
The purpose of this Regulation is to: a. preserve and adaptively reuse historic buildings listed on the Westport Historic Resource Inventory; b. eliminate nonresidential uses located within certain split zoned residential districts; c. encourage the increase in the diversity of housing choices; d. mitigate peak period traffic generation;  and e. promote the health, safety and general welfare of the community. Notwithstanding any other provision of these regulations, when a proposal is to eliminate and/or abandon a nonresidential use located within a split zoned district involving Residence A and Residence B zone districts, and to substitute such nonresidential use with a multi-family dwelling use, then the standards of this subsection shall apply. 
32-26.2 Permitted Uses
Adaptive Reuse and/or Redevelopment of existing nonresidential buildings to Multi-Family Dwelling units shall be permitted under this Section, subject to a Special Permit and Site Plan approval in accordance with §43 and §44 of these Regulations except as otherwise provided herein. 
32-26.3 Accessory Uses
Accessory buildings, structures and uses including, but not limited to, facilities for recreation, maintenance, administration, off-street parking, storage and utilities serving the residential development may be permitted.
32-26.4 Density
The maximum number of dwelling units for adaptive reuse and/or redevelopment of nonresidential buildings shall not exceed one (1) dwelling unit for each 1,600 square feet of gross floor area within the existing nonresidential. [The minimum number of Below Market Rate Housing Units (BMRs) required pursuant to §32-26.14 shall be exempt from this calculation when provided onsite.] 
32-26.5 Floor Area
a. The total floor area of all proposed uses shall not exceed the existing floor area prior to redevelopment. Mechanical areas and garage parking spaces are exempt from this floor area requirement.  Exempt garages may also include storage space provided such space meets the Attic definition of these Regulations. [BMRs required pursuant to §32-26.14 shall be exempt from this floor area requirement, which shall not exceed an additional 0.12 FAR.]
32-26.6 Setbacks
Nonconforming Historic Structures may be allowed to remain and be redeveloped provided that any new building footprint shall comply with the setback requirements of the underlying zoning district.
32-26.7 Height and Stories
Notwithstanding any requirements of the underlying zone(s) or §6-2, to encourage compatibility with Historic Structures proposed to remain, redeveloped buildings may be allowed the same height and stories as the existing Historic Structures, not to exceed three (3) stories or forty-five (45) feet. No accessory building or structure shall exceed 1 story and 20 feet as measured from the top of slab.
32-26.8 Coverage (See Definitions)
Building Coverage shall not exceed thirty-five (35%) percent and Total Coverage shall not exceed seventy (70%) percent.
32-26.9 Signs
Signs shall be permitted in accordance with §33 of the Supplementary Regulations except where an Historic Structure is to remain, a free-standing sign shall be a minimum of five (5) feet from any property line. 
32-26.10 Parking 
Off-street parking shall be provided in accordance with §34 of the Supplementary Regulations, except drive aisles shall not be less than twenty four (24) feet in width. [The Planning and Zoning Commission may reduce the multifamily parking standards by up to 0.5 spaces per unit upon finding that the proposed parking can accommodate the proposed use and satisfies the Special Permit Standards provided by §44-6.]
32-26.11 Landscaping, Screening and Buffer Areas
Where an Historic Structure is to remain on a site limited by easements for drainage, sanitary sewers, and/or utilities, and where existing landscaped areas are being increased by not less than 15% of the site area, a front landscaping buffer of not less than twenty-five (25) feet shall be maintained along site frontage(s) not occupied by a building.  A comprehensive landscaping plan shall be approved by the Planning & Zoning Commission, where the Commission makes a finding that such design can be reasonably shown to moderate heat, noise, glare and accumulation of dust, to shade, to provide privacy from noise and visual intrusion and to prevent the erosion of the soil, excess run-off of drainage water and the consequent depletion of the ground water table and the pollution of water bodies, watercourses, wetlands, and aquifers and to guide the safe circulation of cars and people to parking lots. The standards of §35 shall not apply.

32-26.11.1
Refuse collection areas shall be provided, screened, supplied with covered receptacles, and conveniently located to serve all dwelling units.
32-26.11.2
Mail boxes shall be provided, covered from the elements and conveniently located to serve all dwelling units.
32-26.12 Utilities
32-26.12.1
All utilities and conduits within the lot shall be underground.                                         
32-26.12.2
All buildings shall be connected to a public water supply, suitable power supply and a public sanitary sewer line.
32-26.13 Architectural Design
Special Permit applications shall be referred to the HDC and ARB for recommendations or to the Joint Committee of HDC and ARB for a combined recommendation. 
32-26.14 Affordability Requirement 
32-26.14.1
In conjunction with residential units proposed as part of this section, 20% of the proposed units shall be Below Market Rate Housing Units (BMRs). Of these units, at least half shall be affordable to households whose income does not exceed 80% of the State Median Income as provided by CT General Statutes §8-30g. Fractional units shall be rounded up. 
32-26.14.2
Said requirements may also be satisfied by the dedication of some or all of the BMRs offsite within the Town of Westport. The number, location, and design of such units shall be subject to approval by the Planning and Zoning Commission.  All such offsite units shall be affordable to households whose income does not exceed 80% of the State Median Income as provided by CT General Statutes §8-30g.
[32-26.15 Multi-family Cap]
[In order to encourage the preservation of Historic Structures, multifamily residential units in adaptively reused Historic Structures shall be exempt from the limitations of Section 4-5 of these regulations. Units in new construction shall not be exempt.]


                           

Continuation Notice