HomeMy WebLinkAbout24SITE12 - Asst Planner Staff Report 1222025H:\PZC\Applications\2024\24 SITE 12 - 25 Church Ln - Change of Use\Staff\Assistant Planner\24SITE12 - Asst Planner Staff Report 1222025.doc
TOWN OF MONTVILLE Department of Land Use & Development
Prepared by Meredith Badalucca 1/22/25 Property Address: 25 Church Lane Parcel ID: 095-003-001 Application: 24SITE12 Property Owner/Applicant: MTIC Acquisitions, LLC
LS: Steven R. Marien, LS Lot Size: +/- 1.74 Acres (75,825 square feet) Lot Frontage: 28.96 +/- feet on Church Lane Zoning District: R20 and Route 32 Overlay Zone (OZ). Public Water/Sewer: Yes, existing connection
Flood Hazard Zone: No CAM Zone: No Public Water Supply Watershed: No. Proposed Public Improvements: Applicant is proposing to use the existing curb cut that served the single family residence.
Site Restoration Bond: A bond is not needed as they are proposing minimal site work. Site Visit: Completed by ZEO Radford and myself on 11/26/24. Photos attached. Legal: Submitted to Land Use Dept. on 11/22/24. Date of Receipt by PZC 12/10/24, Decision Required Date – 2/13/25.
Proposal: Change of use from single family residence to business/professional office to
be used by the Language Department of the Mohegan Tribe of Indians of Connecticut which may also hold small weekly Mohegan immersion classes for Mohegan families. The applicant states there are currently 5 full-time on-site employees in the department who usually work Monday through Friday from 8:30 to 4:30 with an occasional
weeknight or weekend day language class. The classes would likely have five to ten
participants. Background: The current use of the property is residential and is developed with a single-family
residence, garage, deck and inground pool.
• 4/28/1995 – ZBA application number 95ZBA7 for a 71.19 foot frontage variance
• 2001 – Zoning permit 201ZP233 for a single-family residence
• 6/28/2007 – Home Occupation permit 207HOME11 for Debbie’s Facials, Etc. This application was approved by the PZC on 6/26/07.
• 3/7/2011 – Building permit for finished basement with half bath
Staff Comments/Review: This property is located in the R20 zoning district and is included in the Route 32 Overlay Zone. The Route 32 Overlay Zone Zoning Regulation (ZR) section 14A.3 a. allows for commercial structures which are allowed in any commercial zone in
Montville. The C-1 zoning district ZR section 10.2.3 list business and professional
offices as a permitted use. Our ZR do not define professional offices. The definition
H:\PZC\Applications\2024\24 SITE 12 - 25 Church Ln - Change of Use\Staff\Assistant Planner\24SITE12 - Asst Planner Staff Report 1222025.doc
provided by American Legal Publishing is as follows: ““Professional Office” means an office of a practitioner or practitioners of a specific occupation, vocation or calling in
which a professed knowledge of some department of science or learning, not purely
commercial, mechanical or agricultural, is used in its practical application to the affairs of other, either by advising or by guiding them in serving their interests or welfare. Such uses include, but are not limited to, office of medical doctors, dentists, engineers, surveyors, city planners, lawyers, real estate brokers, insurance agents, architects,
landscape architects, optometrists, and chiropractors, and other like and similar uses.”
Law Insider defines professional office as “Professional offices means an office maintained and used as a place of business by individuals in licensed professions and generally recognized professions which utilize training or knowledge in the mental disciplines as distinguished from occupations primarily oriented to manual skills or the
handling of commodities.”
C-1 ZR section 10.9 states “Off-street parking, including shared parking, shall be provided for each lot in this district in accordance with the provisions of Section 18 of these Regulations.” Shared parking is not defined in our regulations. Law Insider defines
shared parking as “parking spaces used to meet the parking mandates for two or more
uses, structures, or parcels of land, to the extent that the owners or operators show the overall demand for parking spaces can be met by the shared parking.”. The applicant has stated that 27 Church Lane does not use the nine off-site parking spaces.
ZR section 18.3.3 states “For Business or Professional Office or Governmental Office
Space: One (1) space for each two hundred fifty square feet (250sqft) of gross floor space.” The applicant has revised the plan to reflect 2,076 sq. ft. of interior space versus the original proposed 3,065 sq ft. Therefore, nine parking spaces are required. The revised plan shows a total of nine parking spaces. An interior layout of the proposed
space, including square footage, has been provided by the applicant to verify the parking
calculation. ZR section 18.5 LOCATION OF REQUIRED PARKING SPACES states “Required parking facilities shall be located on the same lot as the dwelling unit, building, or on the
use which they serve except as noted in these Regulations. The applicant must provide
the minimum number of parking spaces required by these Regulations. The Commission shall limit the number of spaces to those required by these Regulations for the proposed use except as noted in these Regulations.
The Commission may approve parking on a noncontiguous lot if the Applicant supplies
sufficient evidence that the lot is under the control of the Applicant/Owner by way of easement, lease or ownership. It shall be the Applicant/Owner responsibility to maintain easement, lease or ownership to run concurrent with the approved project.”
The proposed nine off-site parking spaces are located at 27 Church Lane which is owned
by The Mohegan Tribe of Indians of Connecticut. The applicant states The Mohegan
Tribe of Indians of Connecticut is the sole member of MTIC Acquisitions, LLC. Therefore, they are under the control of the applicant/owner as required by ZR section
H:\PZC\Applications\2024\24 SITE 12 - 25 Church Ln - Change of Use\Staff\Assistant Planner\24SITE12 - Asst Planner Staff Report 1222025.doc
18.5. The applicant further states these parking spaces are not being used by 27 Church Lane.
ZR section 4.10.1.A states “Sidewalks abutting any street, driveway, access or interior
circulation road on which the development is located may be required by the Commission
if (1) such sidewalk interconnects with existing or proposed sidewalk system on the
adjacent street and (2) the project is located within 1,000 feet of an existing commercial
center, school or place of public gathering. All sidewalks shall be privately owned and
maintained.”. The adjacent church at 27 Church Lane is on land that is in trust for the
Mohegan Tribe of Indians of Connecticut.
ZR section 18.8.1 “The entrances and exits to all parking areas shall be clearly marked. Access drives for one way traffic shall have minimum width of fourteen feet (14’) where one way traffic is anticipated and a minimum width of twenty-four feet (24’) where two way traffic is anticipated.”.
The applicant had stated “The Fire Marshal has waived the requirement of a twenty-four-foot access driveway and Applicant had previously requested approval of the Fire Marshal’s waiver of the existing width as there will be essentially be no two-way traffic-traffic will be similar to that of a single family.” Staff explained that the Fire Marshal is
unable to waive zoning regulation requirements. Therefore, the applicant has revised the plan to include 24’ width in the area of the off-site parking as shown on the plan entitled “Site Plan Prepared for The Mohegan Tribe of Indians of Connecticut, Showing Property of MTIC Acquisitions, LLC, 25 Church Lane, Montville (Uncasville) CT, Prepared by The Mohegan Tribe, Steven R. Marien, LS, Dated 11/18/24, Revised 1/17/25”.
Staff Technical Review Comments: All of my previous technical review comments have been addressed by the applicant. Agency Comments:
Town Engineer: Email dated 1/14/25 state all comments have been addressed.
Fire Marshal: See comments dated 11/25/24, 1/16/25 and 1/17/25 Deputy Fire Marshal: See comments dated 12/31/24 and 1/6/25 Building: See comments dated 11/25/24 and 1/2/25 WPCA: 11/25/24 comments “There is water and sewer hooked up. No
concerns unless they add bathrooms.”
Uncas Health: 11/25/24 comments: “If they decide to open the pool, it will likely become a Public Pool and will need to go through the State Health Department for approval + registration through the Health District.”
Police Department: 11/25/24 comments “No issues or concerns from the Police Department.” Public Works: 12/5/24 comments “No issues on public works end.”
H:\PZC\Applications\2024\24 SITE 12 - 25 Church Ln - Change of Use\Staff\Assistant Planner\24SITE12 - Asst Planner Staff Report 1222025.doc
SUGGESTED MOTION FOR ANY FAVORABLE APPROVAL:
I make a MOTION to APPROVE with conditions, Application 24 SITE 12 for a change
of use from residential to business/professional office at 25 Church Lane (095-003-001)
in accordance with the Montville Zoning Regulations and the application, supporting
documentation and a plan set entitled “Site Plan Prepared for The Mohegan Tribe of
Indians of Connecticut, Showing Property of MTIC Acquisitions, LLC, 25 Church Lane,
Montville (Uncasville) CT, Prepared by The Mohegan Tribe, Steven R. Marien, LS,
Dated 11/18/24, Revised 1/17/25”.
CONDITIONS:
General Conditions:
1. This approval is for the specific use, site and structure(s) identified in the
application. Any change in the nature of use, site or the structure will require new
approvals from the Planning and Zoning Commission.
2. This project shall be constructed and maintained in accordance with the
referenced plans.
3. An approved Zoning Permit is required prior to the start of any work.
4. By acceptance of this permit and conditions, the applicant and owner
acknowledge the right of Town staff to periodically enter upon the subject
property for the purpose of determining compliance with the terms of this
approval.
5. No business/use under this permit/approval shall be initiated until a Certificate of
Zoning Compliance is approved by the Zoning Officer.
Site Specific Conditions:
6. All drainage structures shall be maintained post construction in accordance with
the approved Plan Set.
7. All landscaping shall be maintained post construction.
8. Owner of property used for parking and/or loading shall maintain such area and
all required sidewalks and buffer areas in good conditions without holes and free
of all dust, trash, and other debris.
9. Site signage not shown on plan shall require an approved zoning permit prior to
installation.
Conditions to be met prior to signing of plans:
10. All plans submitted for signature shall bear the seal and live signature of the
appropriate professional(s) responsible for the preparation of the plans.
11. The applicant shall also submit final plans as approved by the Commission in a
digital format per ZR section 17.3.
12. A list outlining how the conditions of approval have been met shall be submitted
along with final plans submitted for signature.
H:\PZC\Applications\2024\24 SITE 12 - 25 Church Ln - Change of Use\Staff\Assistant Planner\24SITE12 - Asst Planner Staff Report 1222025.doc
13. A list outlining all changes to the plans shall be submitted along with final plans
submitted for signature. The list should cite the sheet number where each change
has been made.
Conditions to be met prior to the issuance of zoning permits:
14. Four (4) sets of paper plans with any required revisions incorporated, shall be
submitted to the Land Use Department for signature of the Commission.
15. Any required certificates and/or approvals from State or Federal agencies (i.e.
CT-DOT, DEEP, OSTA, Army Corps of Engineers) shall be obtained by the
applicant and submitted to the Land Use & Development Office. Any changes to
the plans required by such entities may require a plan modification from the
Planning and Zoning Commission.
16. A pre-construction meeting between the applicant, site contractors, project
engineer and Town Staff shall be held.
Conditions which must be met prior to Issuance of a Certificate of Zoning Compliance:
17. Complete as-built plans certified to Class A-2 accuracy shall be submitted prior to
the issuance of any certificate of zoning compliance. The as-built plan shall also
contain a certification by a Professional Engineer that they have inspected the site
improvements and that they have been installed in accordance with the approved
plans. Any deviations or omissions must be noted.
18. No Certificate of Occupancy or other final approval may be issued until the
Zoning Officer has signed off on the final work.
Note: The Conditions of Approval do not take the place of other requirements found in
the Town Codes, Regulations, and Application Instructions.
Should the Commission vote to DENY the application, it shall state its reasons on the
record.
H:\PZC\Applications\2024\24 SITE 12 - 25 Church Ln - Change of Use\Staff\Assistant Planner\24SITE12 - Asst Planner Staff Report 1222025.doc
Off-site parking located at 27 Church Lane. Applicant states not currently used by 27 Church Lane. Access drive in this area will have a width of 24’.
H:\PZC\Applications\2024\24 SITE 12 - 25 Church Ln - Change of Use\Staff\Assistant Planner\24SITE12 - Asst Planner Staff Report 1222025.doc
This will be used for emergency access only. There will be signage.
H:\PZC\Applications\2024\24 SITE 12 - 25 Church Ln - Change of Use\Staff\Assistant Planner\24SITE12 - Asst Planner Staff Report 1222025.doc
H:\PZC\Applications\2024\24 SITE 12 - 25 Church Ln - Change of Use\Staff\Assistant Planner\24SITE12 - Asst Planner Staff Report 1222025.doc