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1 City of New Haven Legislation Committee 165 Church Street New Haven, CT (203) (phone) (203) (fax) cityofnewhaven.com Monday, 7:00 PM Aldermanic Chambers ALDERMANIC NOTICE - NEW HAVEN THE LEGISLATION COMMITTEE WILL MEET ON MONDAY, JUNE AT 7:00 P.M. IN THE ALDERMANIC CHAMBER OF CITY HALL, 165 CHURCH STREET, TO HEAR: ZONING ORDINANCE AMENDMENT TO THE PLANNED DEVELOPMENT DISTRICT PROPERTY ON THE SOUTHEAST CORNER OF ORCHARD STREET AND WHALLEY AVENUE KNOWN AS THE SHAW'S SHOPPING PLAZA. (Pursuant to Zoning Ordinance Sections 42 and 65) ZONING ORDINANCE MAP AMENDMENT CHANGING THE USE CLASSIFICATION OF THE AREA COMPRISED OF PROPERTIES LOCATED AT 819 WOODWARD AVE. (MBL 070/0979/02500), 825 WOODWARD AVE (MBL 70/0979/02600) (Access way only), 827 WOODWARD AVE (MBL 070/ 0979/ 02700), 835 WOODWARD AVE.(MBL 070/0979/0 2800) and WOODWARD AVE. (MBL 070/0979/02400) FROM RM-1 (LOW-MIDDLE DENSITY RESIDENTIAL) TO BA (GENERAL BUSINESS) THESE ITEMS ARE FILED WITH THE CITY CLERK, ROOM 202, 200 ORANGE STREET WHERE THEY ARE AVAILABLE FOR PUBLIC INSPECTION. PER ORDER ROLAND J. LEMAR, CHAIRMAN; ATTEST: RON SMITH, CITY CLERK. IF YOU NEED DISABILITY RELATED ACCOMMODATION, PLEASE CALL THREE BUSINESS DAYS IN ADVANCE OF THE MEETING: (VOICE) OR (TTY). Legislation Committee Minutes Ald. Lemar called the meeting to order at 7:00 P.M. In attendance were committee members Alds: Lemar, Lehtonen, Perez, Shah, Antunes, Sandman, Plattus, and non-committee member Ald. Calder In attendance to testify were: Thomas Talbot, Zoning Director, City Plan Commission, Sheila Masterson, Executive Director of the Greater Dwight Development Corporation and President of the Whalley Avenue Special Services District. Item #1 ZONING ORDINANCE AMENDMENT TO THE PLANNED DEVELOPMENT DISTRICT PROPERTY ON THE SOUTHEAST CORNER OF ORCHARD STREET AND City of New Haven Page 1

2 WHALLEY AVENUE KNOWN AS THE SHAW'S SHOPPING PLAZA. Hon. Gina Calder, Ward 2 Alderwoman, 182 Dwight Street of New Haven testified on behalf of approving the PDD amendment. She noted her support for the project and that the current PDD has contributed to the community over the past ten years and believes that this would be appropriate to its continued success. Ald. Perez asked about the limit on alcohol sales noting that strictly from a financial perspective the most lucrative restaurants tend to be those that serve at least beer and wine. Ald. Calder explained the neighborhood's concerns about alcohol sales there and noted that restaurant more like an International House of Pancakes might move in to the plaza. Ald. Antunes asked about limiting or restricting package stores in the plaza. Ald. Calder stated that there currently no such stores in the Plaza and that only the Shaw's supermarket sells alcohol there. Ald. Antunes asked about auto equipment part stores, and noted that many people do repairs right at them even though the stores do not have repairer's licenses. He suggested restricting repairs in order to avoid a messy area similar to the one at Route 80 at the Auto Zone. Ald. Shah noted that the relationship with Shaw's included promises that never materialized. He emphasized the need for some sort of accountability through a written agreement such as a memorandum of understanding in order to hold new lessees accountable. He noted that Shaw's changed its focus and its target customer base and increased prices as a result. Ald. Sandman noted a problem with the lack of benches at the bus stop at the plaza leads people to use shopping carts turned on the sides as benches. He stated that the Whalley Edgewood Beaver Hills management team discussed this and felt that it detracts from the corner and the ambiance of that strip of Whalley Avenue. Ald. Calder stated that a bench would also benefit the employees so she would forward the suggestion to the Greater Dwight Development Corporation's Executive Director to forward to Shaw's and other present and future tenants. Ald. Lemar pointed out the City Plan Commission's recommendation to remove regional outpatient clinics and regional public health centers from the proposed amendment. Ald. Calder noted that she supported that prohibition. Tom Talbot, Zoning Director, City Plan, 108 Whelan Street, North Haven read the City Plan Commission's findings and conditions. He also noted that there was a lot at 561 Elm Street that the City Plan Commission recommends that eventually be pursued to be added to the Plan Development District. He noted that the underlying considerations that department took to make its determination and City of New Haven Page 2

3 that the purpose of amendment was two fold: 1) to clarify that the uses initially included and 2) to add some additional uses to including auto equipment, general merchandise, eating and drinking establishments, vending machines, clothing, home goods and furnishing, business goods, certain uses under business miscellaneous, personal and public services. Ald. Sandman asked about ownership of 561 Elm Street and suggested investigating the ownership status. Ald. Perez cautioned that the taking or including property must occur by the appropriate process. Ald. Shah noted that the location previously served as a gas filling station. He noted there may significant environmental costs associated with the parcel. Ald. Perez asked for clarification on the recommendation from the City Plan Commission related to the 561 Elm Street. Tom Talbot responded that the commission recommended that at the appropriate time the developer pursue adding 561 Elm Street to the PDD. He noted that he believed that the Greater Dwight Development Corporation already started to review the options for the parcel. Ald. Lemar noted that the City Plan Commission reported that it received testimony to that effect and that acquisition and addition requires another amendment. Sheila Masterson, President of Greater Dwight Development Corporation, 561 Whalley Avenue, and Executive Director of the Whalley Avenue Special Services District noted that the reason for the amendment. She stated that vacancies in the plaza and Hollywood Video's precarious financial situation force the corporation to look for tenants. She added that through that process they learned that the PDD did not allow an auto parts store. She noted that any lease for an auto parts store shall prohibit work on the cars in the plaza to avoid the problem further west on Whalley at an auto parts store which serves as a fix it yourself central. Ald. Antunes asked if the developers considered the affect of adding business similar to existing businesses in the area. Sheila Masterson responded affirmatively and noted that the corporation sensitivity to that issues and the corporations desire to bring in tenants with a good credit rating, good business plan and track records. Ald. Lemar asked if the corporation supported the recommendation to prohibit regional outpatient clinic and regional health centers. Sheila Masterson testified that the corporations supported that limitation. Ald. Perez inquired about that prohibition given that the neighborhood might find such services useful. Sheila Masterson noted the community's connection to the Hospital of St. City of New Haven Page 3

4 Raphael. Ald. Shah added the high concentration of this type of business in this residential neighborhood and general area already. Ald. Lemar noted that a medical practitioner such as a dentist or eye doctor could move in there. Sheila Masterson noted that a dental clinic approached the corporation previously and turned out to be taking advantage of poor communities. The same clinic turned up as the subject of an expose on the 60 Minutes television show. Committee Action: Ald. Perez moved, seconded by Ald. Shah, to give favorable report to this item. Ald. Sandman inquired about suggestions made during testimony; especially the need for a bench at the bus stop which detracts from the ambiance of the area. Ald. Lemar suggested working that out with the Whalley Avenue Special Services District as this not relevant to the zoning change. Ald. Shah suggested asking for written agreements, related to the community's requests with the businesses that come into the plaza. Ald. Lemar stated that he would draft a letter to Ms. Masterson, the Greater Dwight Development Corporation on behalf of the committee outlining the concerns expressed and asking that the district work with Ald. Calder and the abutting alders to address these concerns. Ald. Perez suggesting utilizing other avenues and options for a solution besides holding hostage a potential new business. He suggested engaging city departments that have funding for this purpose. Ald. Lemar, moved, seconded by Ald. Sandman, to amend the PDD to remove regional outpatient clinics and regional public health centers from the list of amended uses and to adopt the City Plan Commission report. The motion was accepted as a friendly amendment and the item as amended was approved unanimously. Item #2: ZONING ORDINANCE MAP AMENDMENT CHANGING THE USE CLASSIFICATION OF THE AREA COMPRISED OF PROPERTIES AT 819 WOODWARD AVENUE (MBL 070/0979/02500), 825 WOODWARD AVENUE (MBL 070/0979/02600), 827 WOODWARD AVENUE (MBL 070/0979/02700), 835 WOODWARD AVENUE (MBL 070/0979/02800) AND WOODWARD AVENUE (MBL 070/0979/02400) FROM RM-1 (LOW-MIDDLE DENSITY RESIDENTIAL) TO BA (GENERAL BUSINESS). Ald. Lemar read a letter of support from Ald. Alphonse Paolillo, Jr. supporting the zoning map change for the properties from RM-1 to BA and noted that the proposal was adjusted based on residents concerns about some Townsend Avenue properties discussed at a neighborhood meeting. Tom Talbot, Zoning Director for the City of New Haven, 108 Whelan Street, North Haven, CT presented on behalf of the amendment. He noted there were 4 properties and access way that were the subject properties of the amendment. He noted the history of the change started with a property owner wanting to change City of New Haven Page 4

5 a larger area from RM-1 to BA. He added that subsequent to original proposal a neighborhood meeting occurred and that the current proposal reflects the input from the neighboring property owners. He cited the area on a map and showed the small commercial use on a portion of Townsend Avenue and a problematic intersection that does not lend itself to commercial use. He noted that the City Plan's departmental review revealed reduced commercial space zoned BA due to recent expansion of the highway. He added that the City Plan Department found this change consistent with the comprehensive plan of development's focus on maintaining commercial viability of the district and cited the impact of the change on both the commercial and residential district and the value of the compactness resulting from the change lends itself to better internal functionality of the business area and provides more accessibility to those commercial uses for the neighborhood. He explained that the department looked at the properties themselves to determine the appropriateness for this type of zoning and to ensure the practicality of their size and shape for the permitted uses. He added that one additional consideration for the appropriateness of the proposal related to the current uses of the property which although residentially zoned only included one strictly devoted to residential uses, with the others used as an office, a parking lot and small garage/warehouse structure. He emphasized that this meant in reality the proposed change takes away nothing from the residential portion of the neighborhood but allows expansion of existing commercial uses. He further noted the significance of other institutional and commercial uses across the street. He concluded by noting that from a land use regulation perspective this type of amendment makes sense and produces no negative impact. Ald. Sandman asked if anyone of the subject properties proposed to change uses based on the zone change. Tom Talbot noted that the same owner owns most of the property and that that owner made no such declarations. Ald. Antunes asked if the abutting owners approved of the change and stated concern about the affect on the future value of the abutting residential properties. Tom Talbot stated that he did not speak to the abutting owners directly but the neighborhood discussed and supported the zone change. He added that this in his professional point of view this proposal represents the preferable type of neighborhood planning -small incremental planning. He noted that regulations exist for commercial property that abuts residential property. He then read the advice of the City Plan Commission recommending approval and supporting the change. He explained that the Commission found the proposal consistent with the comprehensive plan and appropriate given the surrounding neighborhood and the subject properties themselves. He emphasized the commission preference and the need to support the continued viability of the existing neighborhood business district. He added that the change serves a substantial governmental interest, is in the public interest, and promotes the health, safety and general welfare of the community without unreasonable limits on land use. Committee Action: Ald. Perez moved, seconded by Ald. Shah to approve the zoning amendment. Ald. Lemar stated that given the strong support for this and that there was no City of New Haven Page 5

6 opposition he encouraged the colleagues to support the proposal. The motion carried unanimously. Upon approval of a motion to adjourn by Ald. Perez, seconded by Ald. Sandman, the committee adjourned at 7:57 PM. This meeting was recorded and the recording is available in the Office of Legislative Services, 165 Church Street, New Haven. Respectfully submitted, Albert E. Lucas Director, Legislative Services City of New Haven Page 6