Planning & Zoning Commission

Chair Thom Pattavina (’23) Middletown Vice-Chair Vice-Chair Secretary Nicholas Fazzino(’23) Marcus Fazzino (’21) Thom Pattavina (’23) Secretary Shanay Fulton (’25) Planning and Zoning Members Members ers Richard Pelletier (’23) Richard Pelletier (’23) Catherine Marcus Fazzino (’21) Rogers Pylant (’25) Catherine Johnson Johnson (’23) (’23) Vacant (’21) Sebastian Giuliano (’25) Commission Alternates Alternates Kellin Atherton (’23) Kellin Atherton (’23) Shanay Fulton (’23) James O’Connell (’21) Kelly Sweeney (’23) Tyler Eckstrom (’25) Ex- Ex- Officio Officio Mayor Mayor Ben Ben Florsheim Florsheim Marek Kozikowski, AICP, Director of Land Use REGULAR MEETING MINUTES WEDNESDAY, September 13, 2023 Council Chambers, City Hall & Virtual on WebEx 7:00 P.M. The meeting was held both virtually and in -person. Members of the public had access via https://webex.com, the WebEx application, and via telephone. Start: 7:02 PM End: 8:15 PM Commissioner Johnson served as secretary for the meeting. 1. Pledge of Allegiance The Pledge of Allegiance was made. 2. Roll Call Present: Commissioner Thomas Pattavina Commissioner Marcus Fazzino Commissioner Richard Pelletier (Remotely) Commissioner Catherine Johnson Commissioner Sebastian Giuliano Commissioner Rogers Pylant (Remotely) Commissioner Kellin Atherton (Seated for Commissioner Fulton) Absent: Commissioner Kelly Sweeney Commissioner Shanay Fulton Commissioner Tyler Eckstrom Staff: Marek Kozikowski, Director of Land Use Public: Eleven members of public. 3. Items removed from the Agenda Page 1 of 6 None. 4. Public comment on items on the agenda which are not currently scheduled for a public hearing None. 5. Confirmation that all hearing signs have been properly posted All public hearing signs have been properly posted. 6. Public Hearings 6.1. Request for a re-subdivision to create two lots from a 8.987 ac property located at 830 Bow Lane in the R-45 zone. Applicant/Agent: Orel Massenat. S2023-3 The applicant was not present. Motion to reschedule the public hearing to September 27th. Moved by Commissioner Giuliano, seconded by Commissioner Johnson. Passed unanimously: 7-0. 6.2. Request for a special exception to construct an indoor and outdoor pickleball court facility at Industrial Park Road (Map-Lot: 05-0052) in the IT zone. Applicant/Agent: Lennie Leinbenhaut/Tall Properties, LLC. SE2023-9 Henry Thomas, of the LRC Group provided and overview of the project which is a pickleball park located on Industrial Park Road and Centerpoint drive. This recreational facility is a special exception use in the zone. Recent zoning amendments approved allowed for this kind of land use. The public hearing notice requirements have been fulfilled. Existing conditions have a vacant parcel and a detention basin for the larger original property. The proposed building is 61,650 SF, one story, with 12 enclosed courts and related facilities, and eight additional courts that would be enclosed but will have large garage doors at each court for open air conditions. The primary entry to the site will be off of Centerpoint Drive and a secondary entrance from Industrial Park Road. Signage is proposed the primary doors. Ninety-eight parking spaces are provided when 40 would be required, and all spaces are represents that all the spaces are necessary for the function of the project. Three accessible spaces are provide, 3 EV stations and 7 EV ready spaces are provided. The building coverage is 24.8%. The plans show where an anticipated monument sign, but is not part of this proposal as it will require a variance. Truck turning movements were provided and modeled with Westfield Fire’s truck in mind. A dumpster will be located in the back lot. A traffic assessment was conducted and included that the project will not have negative impact on the traffic network in the area. Richard Reynolds, project engineer of the LRC Group escribed the property including its zoning, soils, size and grading, a pointed out wetlands area and the existing detention basin that drainage from adjacent properties discharge to. The proposed site improvements include 20 pickleball courts, parking, lighting, drainage, utilities and landscaping. The existing detention basin will be filled and a new area will be used for stormwater management. A small underground drainage system will collect stormwater from the driveway. The drainage system was reviewed by the City and meets all its requirement. Existing utilities are in Industrial Park Road and utilities from the building will be connected to existing system. Page 2 of 6 Slopes will be landscaped. E&S controls include silt fencing blankets, stone construction entrances, and silt sacks in the catch basins. Commissioner Johnson inquired where the outdoor pickleball court and noted that the building is situated back far from the street. Reynolds noted that there is an existing utility easement in the front of the parking and they moved the building and parking back as to not impact the easement. Peter Amara, architect of Amara Associates described the building layout. 20 pickle courts surrounding a center core area. Eight courts have open air with cross ventilation. The main entrance is on the south side. A secondary entrance is located on the west side. The courts are designed to accommodate to playing padel as well as pickleball. The core will have locker rooms and bathrooms, lounge area, a training room, staff offices, support spaces and refreshment area and event room. A mezzanine viewing are is proposed. Court 1 will be the center court and hill have stadium seating. The building height is 43.5 ft mean average building height. The building has metal siding with a mix of horizontal and vertical of a neutral color. There will be some exposed concrete in some areas. The sign on the east side is not part of the application. The garage doors will be standard overhead doors. Thomas described the landscaping improvements including planting next to the building, tree cover, and concentrated native landscaping around the drainage basin area to make a good habitat for wildlife. Thomas described the lighting plan using a low profile LED fixtures on 14 ft poles. Light will not have to be thrown far due to the design, and will not trespass onto the street or other properties. Have received staff comments and will accommodate the issues. He discussed how project complies with the special exception standards. Director Kozikowski referenced his staff report that have been distributed to the Commission. He noted that latest version of the plan was the first version that showed the outdoor courts being enclosed with a building with garage doors. The Commission can make a determination the courts in this area are considered indoor or outdoor, noting that all indoor can be acceptable. The issue is since the building wall is 268 ft, will require a setback of 46.6 ft when only a 32 ft setback is proposed. Henry replied that the additional setbacks can accommodated. Commissioner Johnson inquired why the driveway curb cut on Industrial Park Road was not on the southern side of the frontage and Henry replied that the driveway and parking slopes would be too steep. They needed the additional distance as proposed to make the required grades. Johnson inquired why there aren’t window on the side of the building and Lenny Leinbenhaut replied that natural lighting is a concern during playing as it can impact player comfort. He further noted that the original plan had the outdoor courts were to have a translucent fabric roof. This concept could not meet energy codes for heating and was abandoned to a more traditional structure. Commissioner Atherton inquired how considering the plan includes adding 98 parking spaces, how the landscaping will address urban heating by the amount of parking/paving. Thomas replied that the landscaping will address it in partially and they added as much landscaping as they could provide. Commission Atherton inquired why the variance for signage wasn’t completed as part of the project and Henry replied that the two sign that need a variance is not part of this project. Commissioner Johnson inquired why the two courts that stick out on the south side of the building aren’t put in the front or the back because doing so will improve the parking layout. Thomas replied that there Page 3 of 6 isn’t sufficient space to move the courts to the front and comply with the setback requirements. The building cannot be shifted as it has more impacts on the wetlands. Commissioner Giuliano inquired if the site was developed in accordance with the previous approvals, would this project have less parking and Thomas replied that there would be more parking for the old project. Commission Giuliano inquired about the size of the EV parking spaces and asked if one ADA spaces become one of the EV parking spaces. Thomas replied that he can review this. Commissioner Giuliano inquired about the setback issue, and Thomas said that during the refinement of the final building design, they will try to increase the setback. If it this isn’t sufficient, they will apply for a variance. Director Kozikowski noted that if this project were to be approved, it should be subject to addressing the setback issue. Motion to close the public hearing. Moved by Commissioner Atherton, seconded by Commissioner Giuliano. Passed unanimously: 7-0. Motion to approve the special exception subject to compliance with the additional setback requirement. Moved by Commissioner Atherton, seconded by Commissioner Giuliano. Passed unanimously: 7-0. 6.3. Petition for a zoning text amendment to amend Sections 2.22, 5.6, and 6.2 of the Middletown Zoning Code regarding the IOP Zone. Applicant/Agent: Gary Dayharsh/EriKelAri, LLC. Z2023-5 Gary Dayharsh presented seeking the text amendment to the IOP zone to allow manufacturing in the zone. There is one local business, Shelco Filters looking to expand their operation on property in this zone. He noted that the demand for office space has changed and suggests considering changing the zone to expand the uses allowed. Nancy Newman, Country Club Road, spoke in favor of the application and manufacturing for property in this zone. Commissioner Giuliano confirmed this application will allow for manufacturing using raw material as opposed of processed materials, which is a distinction without a purpose. Furthermore, the proposal applies to the entire zone and all properties in the zone can benefit for it. Commissioner Atherton stated, through is experience in the manufacturing sector, this is a good amendment to the text. Motion to close the public hearing. Moved by Commissioner Atherton, seconded by Commissioner Fazzino. Passed unanimously: 7-0. Motion to approve the zoning text amendment. Moved by Commissioner Giuliano, seconded by Commissioner Fazzino. Page 4 of 6 Passed unanimously: 7-0. 1. Old Business None. 2. New Business 2.1. Request for a subdivision to create two lots from a 2.22 ac property located at 40 Broad Street in the B-1 zone. Applicant/Agent: William Vasiliou/Housing Authority City of Middletown. S2023-4 Director Kozikowski noted that subdivision applications don’t require public hearings but it has been past practice for the Commission to hold public hearings for this type of applications. Commissioner Giuliano saw no reason to deviate from past practice. Motion to schedule a public hearing for the application on September 27th. Moved by Commissioner Giuliano, seconded by Commissioner Fazzino. Passed unanimously: 7-0. 3. Public comment on topics which are not or have not been subject of a public hearing None. 4. Minutes, Staff Reports and Commission Affairs 10.1. Minutes Motion to approve the July 26, 2023 minutes. Moved by Commissioner Giuliano, seconded by Commissioner Fazzino. Passed unanimously: 7-0 10.2. RiverCOG Report None. 10.3. Staff Report Director Kozikowski shared the public hearing notice for the September 27th meeting and noted that the subdivision on Broad Street will have to be added. Director Kozikowski reminded the Commission that they have to complete four hours of training by January 1, 2024 to comply with the new requirements in the state statutes. 10.4. Commission Affairs None. Page 5 of 6 5. Adjournment Motion to adjourn Moved by Commissioner Giuliano, seconded by Commissioner Johnson. Passed Unanimously: 7-0. Submitted, Marek Kozikowski, AICP Director of Land Use Page 6 of 6