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HomeMy WebLinkAboutDRAFT Zone Change Motion9 MEMBERS – 8 VOTING MEMBERS MOTION TO DENY: 5 to 3 = DISAPPROVAL OF ZONE CHANGE 4 to 4 = DENIAL OF ZONE CHANGE MOTION TO APPROVE: 5 to 3 = APPROVAL OF ZONE CHANGE 4 to 4 = DENIAL OF ZONE CHANGE DUE TO FAILURE OF THE MOTION TO PASS Zone Change Motion Re: Applicant: 9R Burlake Road, LLC Location: 76, 90, 94 and 120 Gay Hill Road, Montville Zone Change: R-40 to R-20 If the consensus of the Commission is to disapprove the proposed zone change, the motion should recite specific reasons for that denial. Such a motion could be as follows: Having considered the testimony and documentation received during the public hearing, and according to such testimony and documentation the weight and credibility that the Commission determines to be reasonable under the circumstances the Commission makes the following findings: 1. The Comprehensive Plan (the Zoning Regulations) allows for reasonable uses of the lots under sections 8.2 and 8.3 of the Regulations; 2. The original zoning classification given to the primary parcel was appropriate; 3. There are vacant lands within existing R-20 Districts which would allow the housing unit density proposed by the Applicant. A change of Zoning District from R-40 to R-20 may have some marginal benefit to the community as a whole in the form of tax revenue; however, in the opinion of the Commission, the applicant did not present sufficient evidence that the proposed change would be more appropriate use of land; 4. The area is suitable for uses permitted in the R-40 Zoning District; and 5. The R-40 Zoning classification for these parcels does not represent spot zoning. Therefore, the Commission denies the 9R Burlake Road, LLC application for a Zone Change from R-40 to R-20 on the properties located at 76, 90, 94 and 120 Gay Hill Road, Montville, CT as shown on Assessor’s Map 23 Lots 1, 2, 3 & 3A. Commentary a. Motion to Disapprove In considering this motion to deny the requested zone change, individual members of the Commission may seek to amend the motion by either adding or deleting findings. Each amendment would require a second and voted upon, the amendment being approved by a majority vote of all of the members of the Commission (not just the members present). Once the motion is amended, the Commission would vote on the motion as amended. A majority vote in favor of (more votes in favor than against) the motion or the motion as amended would result in a denial of the zone change. A tie vote on a motion to deny the zone change would result in a failure of the motion but would not result in an approval of the zone change. In the event of (1) less than a majority vote approving the motion or (2) a tie vote, a second motion to approve the zone change should be made with a recitation of reasons for approval. If this motion is adopted by a majority vote the zone change is approved. If this motion results in less than a majority or results in a tie, it fails. In this instance, however, a tie vote on the motion for approval does result in a denial of the zone change. b. Motion to Approve If the Commission decides to approve the proposed zone change, the motion should recite specific reasons for that approval. Such a motion could be as follows: Having considered the testimony and documentation received during the public hearing, and according to such testimony and documentation the weight and credibility that the Commission determines to be reasonable under the circumstances the Commission makes the following findings: 1. The Comprehensive Plan (the Zoning Regulations) allows for reasonable uses of the lots under sections 8.2 and 8.3 of the Regulations; 2. The original zoning classification of R-40 given to the primary parcel, while not inappropriate, is better suited to the more dense zoning classification of R-20; 3. A change of Zoning District from R-40 to R-20 will have a benefit to the community as a whole in the form of additional tax revenue; 4. The area is suitable for uses permitted in the R-20 Zoning District; and 5. A modification of the zoning for this area from an R-40 Zoning classification to an R-20 Zoning District for these parcels does not represent spot zoning. Therefore, the Commission approves the 9R Burlake Road, LLC application for a Zone Change from R-40 to R-20 on the properties located at 76, 90, 94 and 120 Gay Hill Road, Montville, CT as shown on Assessor’s Map 23 Lots 1, 2, 3 & 3A. In considering this motion to approve the requested zone change, individual members of the Commission may seek to amend the motion by either adding or deleting findings. Each amendment would need to be seconded and voted upon, the amendment being approved by a majority vote. Once the motion is amended, the Commission would vote on the motion as amended. A majority vote in favor of (more votes in favor than against) the motion or the motion as amended would result in an approval of the zone change.