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HomeMy WebLinkAbout24SITE7 - Staff Report for 10-22-24 meetingH:\PZC\Applications\2024\24 SITE 7 - 480 Route 32 - Vet Office\Staff\Asst. Planner\24SITE7 - Staff Report for 10-22-24 meeting.doc TOWN OF MONTVILLE Department of Land Use & Development Prepared by Meredith Badalucca For the October 22, 2024 PZC Meeting Property Address: 480 Route 32 Parcel ID: 074-002-000 Application: 24SITE7 Property Owner: KDS Realty, LLC Principal, Sudesh Kumar Applicant: Same as Property Owner LS/PE: Boundaries LLC, John Faulise Jr. LS, David McKay PE Lot Size: 0.92 Acres Lot Frontage: 190 +/- feet on Norwich-New London Turnpike (CT Route 32). Zoning District: C-1 (Commercial) 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 previous retail and multi-family use. No modifications or improvements are proposed to the existing curb cut nor any work within the DOT right of way. Site Restoration Bond: $9,800 to cover the costs of specified erosion control measures and site stabilization. Legal: Submitted to Land Use Dept. on 10/8/24. Date of Receipt by PZC 10/22/24, Decision Required Date – 12/26/24. Site Inspection: ZEO Radford and I completed an inspection of the site on October 16, 2024. Inspection Report is attached. Proposal: Improvements to support veterinarian office space with building addition for accessory indoor kennel to support overnight stays from surgery. Three apartment units on second and third floors will also be renovated. Background: • November 1981 - Zoning permit for “rehabilitation of a garage for physician’s home occupation” • May 1985 – Zoning permit for “Sign for health center (to serve the parking requirements of the renovated existing building to medical center (1st floor))” • August 1985 – Special Permit for “Accessory parking facilities in connection with medical offices (walk-in-clinic)” • August 1985 – Zoning permit for “Medical office on 1st floor and maintain residential units above” • August 1988 – Zoning permit for “Office Storage addition to existing building – 321 sf” • February 1999 – Zoning permit for “Free Standing sign 12’ Tall, 4’ x 8’ Backus Health Center, ConnCare, Inc.” • February 2007 – Zoning permit for “Retail 1st floor only (Affordable Fabrics)” H:\PZC\Applications\2024\24 SITE 7 - 480 Route 32 - Vet Office\Staff\Asst. Planner\24SITE7 - Staff Report for 10-22-24 meeting.doc • August 2016 – Zoning permit for “Conversion of 2 2nd floor apts to retail” NOTE: there were no associated building permits for this conversion and no ZEO inspection report associated with a CZC. Staff Comments/Review: This property is located in the C1 zoning district and is included in the Route 32 Overlay Zone. The C1 zoning district Zoning Regulations (ZR) section 10.2.3 list business and professional offices as a permitted use. Our ZR do not define professional offices. The definition 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 includes, 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.” C1 zoning district ZR section 10.2.8 permits Apartments located in space not occupied by the primary commercial use on the property provided they are not at ground level. Multiple Use and Buildings ZR section 4.10.1 states “The Commission may permit more than one principal building or use to be located and conducted on a lot under the same ownership or sponsorship for multi-family, commercial, industrial, recreational, institutional, governmental, educational and farming purposes. Such buildings or uses shall be planned as a unit, with integrated parking, access, building design and landscaping and shall meet the requirements of these Regulations.” Multi Family Dwellings ZR section 4.11.5 was also reviewed by staff for compliance with this application as well as the definition of “kennel”. ZR Section 4.11.5.5 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 sidewalks interconnect 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.” There are currently no sidewalks on the adjacent street in the area of this parcel. Therefore, staff feels this section is not applicable. Kennel is defined as “A commercial operation, open and/or enclosed, in which a total of four (4) or more pets limited to dogs or cats, are kept for breeding, boarding, grooming, or medical attention.” The applicant is proposing 3 kennels to be used for patients H:\PZC\Applications\2024\24 SITE 7 - 480 Route 32 - Vet Office\Staff\Asst. Planner\24SITE7 - Staff Report for 10-22-24 meeting.doc recovering from procedures and will not be used for boarding, either regular or medical. Therefore, ZR section 4.11.7 Kennels is not applicable to this application. Our ZR do not require any landscaping for parking lots less than 80,000 sf. The parking lot area for the proposed project is 10,500 sf. The applicant has provided landscaping requirements as shown on the plan on sheet 2 even though they are not required to do so. The applicant also shows on the plan the removal of a paved area to the east of the property that appears to have been used over the years to access the property from the adjacent property that is under a different ownership. The applicant is requesting a determination of applicability per ZR Section 17.5 from the Commission for ZR section 17.4.15. The Commission will need to determine if this site plan ingredient is necessary or required to reach a decision on the application. ZR section 17.4.15: “The stormwater drainage system, including the location and evaluations of all existing and proposed street drainage facilities within one hundred feet (100’) of the property. The Town Planner or Town Engineer may require additional information and / or details regarding off-site drainage features affected by, or impacting upon the proposed development. Stormwater management systems shall be designed in accordance with the 2004 Connecticut Stormwater Quality Manual as may be amended from time to time.” The applicant states: “Evaluation of the stormwater drainage system on-site and within 100 feet of the property has not been completed. The proposed site plan results in no increase in impervious coverage and will not change runoff patters or increase flow rates. Drainage from the site will continue to be served by the existing catch basins and connection to the Route 32 drainage system. Staff Technical Review Comments: Plan: 1. Sheet 3, Narrative last paragraph, please revise to include. “Construction is scheduled to start upon issuance of zoning permit for site plan approval and will…..” 2. Sheet 3, Operation & Maintenance of Erosion Controls, first paragraph, please revise to include: “No construction shall proceed until proper sedimentation and erosion control methods have been installed and approved by the Zoning Officer as the sequence of construction necessitates. Agency Comments: Town Engineer: See comments dated 10/21/24 Fire Marshal: See comments dated 10/17/24 Building: See comments dated 10/11/24 WPCA: Comments dated 10/17/24 – “We will only need to see final plans to determine amount of service connections for the water service.” H:\PZC\Applications\2024\24 SITE 7 - 480 Route 32 - Vet Office\Staff\Asst. Planner\24SITE7 - Staff Report for 10-22-24 meeting.doc SUGGESTED MOTION FOR ANY FAVORABLE APPROVAL: I make a MOTION to APPROVE with conditions, Application 24 SITE 7 for a veterinarian office with building addition and three apartment units on the second and third floors at 480 Route 32 (074-002-000) in accordance with the Montville Zoning Regulations and the application, supporting documentation and a plan set entitled “Site Development Plan, Prepared for KDS Realty, LLC, 480 Route 32 – Montville, Connecticut, Dated October 2024, Prepared by Boundaries, LLC”. 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. Soil erosion and sediment controls shall be installed in accordance with the approved plan set and inspected by the Zoning Officer prior to the start of any work. 4. An approved Zoning Permit is required prior to the start of any work. 5. 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. 6. 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: 7. All drainage structures shall be maintained post construction in accordance with the approved Plan Set. 8. All landscaping shall be maintained post construction. 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. Plans shall be revised as follows: • Show/note installation of hood on the last catch basin discharge per CLA comment letter dated October 21, 2024. • Sheet 3, Narrative last paragraph, please revise to include. “Construction is scheduled to start upon issuance of zoning permit for site plan approval and will require approximately 2 to 3 months to complete. No business/use under this permit/approval shall be initiated until a Certificate of Zoning Compliance is approved by the Zoning Officer.” H:\PZC\Applications\2024\24 SITE 7 - 480 Route 32 - Vet Office\Staff\Asst. Planner\24SITE7 - Staff Report for 10-22-24 meeting.doc • Sheet 3, Operation & Maintenance of Erosion Controls, first paragraph, please revise to include: “No construction shall proceed until proper sedimentation and erosion control methods have been installed and approved by the Zoning Officer as the sequence of construction necessitates.” 11. All plans submitted for signature shall bear the seal and live signature of the appropriate professional(s) responsible for the preparation of the plans. 12. The applicant shall also submit final plans as approved by the Commission in a digital format per ZR section 17.3. 13. A list outlining how the conditions of approval have been met shall be submitted along with final plans submitted for signature. 14. 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: 15. Four (4) sets of paper plans with any required revisions incorporated, shall be submitted to the Land Use Department for signature of the Commission. 16. Any required certificates and/or approvals from State or Federal agencies (i.e. CT-DOT, DEEP, 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. 17. A soil erosion & sediment control and Site Restoration bond shall be posted in the amount of $9,800.00 in a form acceptable to the Finance Director. No bond, or portion thereof, shall be released without prior approval of the Zoning Officer and/or Director of Land Use & Development. 18. 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: 19. 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. 20. 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. Town of Montville Inspection Report Date: 10/17/2024 Inspection Type: Choose an item. Yes No MS4/ Erosion and Sediment Control Inspection ☐ ☒ Location: 480 Route 32 Map/Lot/Block: 074-002-000 Parties Present Choose an item. Choose an item. Choose an item. Choose an item. Choose an item. Meredith Badalucca Stacy Radford Click here to enter text. Click here to enter text. Yes No CZC Approved ☐ ☒ Comments/Observations Resolution Date: Click here to enter a date. Did site inspection as part of PZC application 24SITE7. Town of Montville Inspection Report Current sign. Proposed sign same location and size. Town of Montville Inspection Report Façade faces street Town of Montville Inspection Report Proposing to add a 550sf addition and renovate current space for surgery, procedure and recovery space Town of Montville Inspection Report Two building will be attached with a proposed new enclosed walkway. Town of Montville Inspection Report Excess pavement to be removed and loamed and seeded.