Planning & Zoning Commission

Chair Thom Pattavina (’23) Middletown Vice-Chair Vice-Chair Secretary Nicholas SebastianFazzino Giuliano(’21) Thom Pattavina (’23) (’25) Secretary Shanay Fulton (’25) Planning and Zoning Members Members ers Richard Pelletier (’23) Rogers Pylant (’25) Catherine Johnson(’27) (’23) Marcus Fazzino (’21) Elizabeth Emery (’27) Vacant (’21)Spencer (’27) Morgan Monarca Nathaniel Commission Alternates Alternates Kellin Atherton (’23) Tyler Eckstrom (’25) Shanay Fulton (’23) James O’Connell (’21) John Carlson (’27) Alan Cunningham (’27) Ex- Ex- Officio Officio Mayor Mayor Ben Ben Florsheim Florsheim Marek Kozikowski, AICP, Director of Land Use REGULAR MEETING MINUTES WEDNESDAY, December 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: 7:03 PM End: 9:32 PM Commissioner Giuliano served as secretary for the meeting. 1. Pledge of Allegiance The Pledge of Allegiance was made. 2. Roll Call Present: Commissioner Shanay Fulton Commissioner Thomas Pattavina Commissioner Sebastian Giuliano Commissioner Rogers Pylant (Remotely) Commissioner Elizabeth Emery Commissioner Morgan Monarca Commissioner Nathaniel Spencer Commissioner John Carlson Commissioner Alan Cunningham Absent: Commissioner Tyler Eckstrom Staff: Marek Kozikowski, Director of Land Use Public: Eleven members of public. 2.1. Election of Officers Director Kozikowski conducted the election of officers. Director Kozikowski called for a nomination for Page 1 of 9 a Chair of the Planning and Zoning Commission. Commissioner Giuliano nominated Thom Pattavina. Commissioner Pylant seconded the nomination. No other nominations were made. Director Kozikowski called for a vote to elect Thomas Pattavina as Chair of the Planning and Zoning Commission. Passed unanimously: 7-0 Commissioner Pattavina called for a nomination for Vice Chair of the Planning and Zoning Commission. Commissioner Pylant nominated Sebastian Giuliano. Commissioner Emery seconded the nomination. Commissioner Pattavina called for a vote to elect Sebastian Giuliano as Vice Chair of the Planning and Zoning Commission. Passed unanimously: 7-0 Commissioner Pattavina called for a nomination for Secretary of the Planning and Zoning Commission. Commissioner Emery nominated Shanay Fulton. Seconded by Commissioner Giuliano. No other nominations were made. Commissioner Pattavina called for a vote to elect Shanay Fulton as Secretary of the Planning and Zoning Commission. Passed unanimously: 7-0 Commissioner Pattavina called for a nomination for a Regional Planning Commission Representative RiverCOG of the Planning and Zoning Commission. Commissioner Pattavina nominated Elizabeth Emery. Seconded by Commissioner Giuliano. No other nominations were made. Commissioner Pattavina called for a vote to elect Elizabeth Emery as Regional Planning Commission Representative RiverCOG of the Planning and Zoning Commission. Passed unanimously: 7-0 Commissioner Pattavina called for a nomination for an Alternate Regional Planning Commission Representative RiverCOG of the Planning and Zoning Commission. Commissioner Emery nominated Nathaniel Spencer. Seconded by Commissioner Giuliano. No other nominations were made. Commissioner Pattavina called for a vote to elect Nathaniel Spencer as Alternate Regional Planning Commission Representative RiverCOG of the Planning and Zoning Commission. Passed unanimously: 7-0 Commissioner Pattavina called for a nomination for a Citizen’s Advisory Committee Representative of the Planning and Zoning Commission. Commissioner Giuliano nominated Morgan Monarca. Seconded by Commissioner Emery. No other nominations were made. Commissioner Pattavina called for a vote to elect Morgan Monarca as Committee Representative of the Planning and Zoning Commission. Passed unanimously: 7-0 Page 2 of 9 3. Items removed from the Agenda 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 special exception to allow for an indoor recreational facility at 425 Main Street in the B-1 zone. Applicant/Agent: Jonah Evenson/RFJ Productions, LLC. SE2023- 11. Ricardo Jones, 51 Old Stone Crossing, West Hartford, CT, presented the application. He explained that they want to open an escape room on the third floor of 425 Main Street. Director Kozikowski explained that the public hearing sign was posted but not in a conventional manner since this is on Main Street. The sign was posted in the window per the Zoning Enforcement Officer and the Director of Land Use. They did not want to block the sidewalk with a large public hearing sign. Director Kozikowski presented his staff comments on this application. Director Kozikowski asked Mr. Jones to clarify a couple of issues. Will there be food and beverages served? Mr. Jones answered no food or beverages will be served. Director Kozikowski asked Mr. Jones what the expected number of patrons and maximum number of patrons at any given time. Mr. Jones answered sixteen to twenty at most. That’s if every escape room is occupied. Director Kozikowski asked what the maximum is per room and how many escape rooms. Mr. Jones answered between four and six per room and there will be four rooms and a VR room. Director Kozikowski asked if there is any off-street private parking available. Mr. Jones answered not for customers. Director Kozikowski asked what the hours of operation are. Mr. Jones answered weekday’s eleven to ten o’ clock. On the weekends we may stay open until twelve. Commissioner Giuliano asked when the expected time of use will be. Mornings? Evenings? Mr. Jones answered primarily evenings. Commission Giuliano asked if he expects his patrons to park on Main Street or the public lot. Mr. Jones answered yes. Page 3 of 9 Commissioner Emery wanted to confirm the handicap accessibility and that there is an elevator. Mr. Jones answered correct. Commissioner Emery also wanted to confirm that since they will be open until midnight that the elevator will only have access to their floor. Mr. Jones answered correct. Motion to close the public hearing. Moved by Commissioner Fulton, seconded by Commissioner Giuliano. Passed unanimously: 7-0 Motion to approve the special exception. Moved by Commissioner Giuliano, seconded by Commissioner Emery. Passed unanimously: 7-0 6.2. Petition for a zoning map amendment to rezone four parcels comprising of 749, 789, and 825 Saybrook Road and 102 Coe Avenue from the B-2 zone to the MXC zone. Applicant/Agent: City of Middletown/Department of Land Use. Z2023-8. Director Kozikowski presented the application. He explained that this is a staff initiated application. The motivation for this change is economic development, housing and the Plan of Conservation and Development. The owner of the Tradewinds Plaza inquired about adding residential to the plaza which isn’t allowed in the current B-2 zone. Before this inquiry, the Planning and Zoning Commission in 2020 adopted the Plan of Conservation and Development which included encouraging creating and revitalizing neighborhood centers. They are looking to rezone four parcels off of Saybrook Road. Director Kozikowski presented a comparison between the B-2 and MXC zones. Director Kozikowski explained that this rezoning will have a potential to increase Middletown’s housing stock. This rezoning will also give the opportunity for economic development. Judy Cecchini, 622 Saybrook Rd., asked how many apartments are they looking to put in there and where would they be located. She expressed her concerns about walking in the area. There are no sidewalks Commissioner Pattavina explained to Ms. Cecchini that this is for a map amendment. They don’t have any site plans yet. Director Kozikowski answered there’s no development plan yet. It is limited based on the amount of building you can fit and the amount of parking you can provide and meet the open space requirements. Director Kozikowski then addressed her concerns about no sidewalks in the area. He explained they have this discussion in the office all the time. Do they build the infrastructure first and build around it or do you build the infrastructure to meet the demand of the area? Director Kozikowski stated that there is an intention to make this area suitable for walking and safer for walking. Commissioner Carlson stated that the MXC zone permits one to six residential units. Is that not in answer to the constituent’s question? Director Kozikowski answered that one to six units in the MXC is allowed as of right. If you wanted more than six units, it requires a special exception and approval from this commission. Commissioner Giuliano commented that when the MX zones were created, if this area had been included in the change, he has no doubt that this would have passed. He observed that this area looks like it’s at a standstill and this amendment could push it in a more productive direction. He shares the concerns of Ms. Cecchini that there needs to be sidewalks on Saybrook Rd. He supports the change. Commissioner Pattavina will also support the change because we need more sidewalks on Saybrook Rd. Page 4 of 9 Commissioner Fulton commented that the change will definitely generate more business. She asked what again is the usage for the residential properties like the one on Coe Ave. Director Kozikowski answered that there is no proposed use at this point. Commissioner Fulton continued stating her concerns over no sidewalks on Saybrook Rd. She will be supporting this. Commissioner Pattavina added that the lighting needs to be improved there as well. Commissioner Emery stated that she will be supporting this application for not only what has been said already but she believes this will be good for the city. Commissioner Emery continued by saying that getting sidewalks on Saybrook Rd. has been a priority of the Complete Streets Commission. David Winkle, 418 Mile Lane, Middletown, expressed his concerns about residents’ safety while walking along Saybrook Rd., Randolph Rd. and Bartholomew Rd. He also pointed out that it is a very dimly lit area. Is the city considering putting sidewalks on both sides of the street? Crosswalks need to be there. Commissioner Emery addressed what Mr. Winkle stated. She said once the developer creates a site plan, she will be looking at the lighting and sidewalks. Motion to close the public hearing. Moved by Commissioner Emery, seconded by Commissioner Giuliano. Passed unanimously: 7-0 Motion to approve the map amendment. Moved by Commissioner Fulton, seconded by Commissioner Giuliano. Passed unanimously: 7-0 6.3. Petition for a zoning text amendment to Sections 1.15, 4.19, 5.6, 6.1, 6.2, and 6.3 of the Middletown Zoning Code regarding Child Care Homes. Applicant/Agent: City of Middletown/Department of Land Use. Z2023-9. Director Kozikowski presented the application. The motivation behind this proposal is that new legislation has passed, PA 23-143 regarding child care homes and update codes in a manner consistent with the general form of the zoning code. This new legislation required municipal zoning regulations to be amended by December 1, 2023. He recognized that it is December 13th so a letter was sent to the State which informed them that they are out of compliance but will be in compliance by December 13th. Director Kozikowski continued stating that Family Child Care Homes and Group Child Care Homes will be permitted uses in all residential zones and mixed use zones. Child Care Centers in the mixed use zones will be allowed by special exception. Child Care Centers would be allowed in certain business zones by special exception. Child Care Centers would have more than twelve students. Director Kozikowski explained that Child Care Homes would be defined as having six kids or fewer. The special exception standards have been updated. Parking requirements have been added for Child Care Centers, Family Child Care Homes and Group Child Care Homes. Commissioner Fulton asked if there will be any regulations for hours of operation. Director Kozikowski answered that the statue didn’t specify. If that’s something that you want, this is a good opportunity to add that in. Commissioner Emery asked how a child is defined and does this allow for overnight accommodations. Director Kozikowski answered that our current code doesn’t define what the ages are. If the Commission wanted to define that and add it to the code you can. Page 5 of 9 Commissioner Emery commented that there should be more clarity in that the regs will be consistent with the State Statues other than leaving it open ended. Commissioner Fulton asked if they should regulate now what the hours of operation will be. Director Kozikowski answered the public act he referenced doesn’t speak to that at all. Commissioner Fulton stated that she believes the hours of operation should be discussed and determined ahead of time. Commissioner Giuliano commented that these changes will make us in compliance with state law. He asked Director Kozikowski if he is aware of any day care centers that are currently running that are not in compliance with these regulations. Director Kozikowski answered he doesn’t know. Commissioner Giuliano continued by stating that he believes that the state definition of a child is that up to age eighteen. He believes they should approve this as is and later if they need to cover any gaps they will address them then. Motion to close the public hearing. Moved by Commissioner Emery, seconded by Commissioner Giuliano. Passed Unanimously: 7-0 Commissioner Giuliano commented that he agrees with Commissioner Emery that we should adopt these zoning regs now and follow up with any tweaks in the future. Commissioner Pattavina agreed with Commissioner Giuliano. Motion to approve the text amendment. Moved by Commissioner Fulton, seconded by Commissioner Giuliano Passed unanimously: 7-0 6.4. Petition for a zoning map amendment to correct the zone of Forest Glen Circle, Windshire Apartments from R-15 to PRD. Applicant/Agent: City of Middletown/Department of Land Use. Z2023-12. Director Kozikowski presented the application. The Windshire Apartments were incorrectly zoned as R- 15 when the zoning map was readopted in 2022. It should have been zoned PRD, Planned Residential Development. Motion to close the public hearing. Moved by Commissioner Giuliano, seconded by Commissioner Fulton. Passed unanimously: 7-0 Motion to approve the map amendment. Moved by Commissioner Giuliano, seconded by Commissioner Emery. 7. Old Business None. 8. New Business 8.1. Request for a site plan approval to operate an event space at 695 South Main Street in the B-2 zone. Applicant/Agent: Carlisha Gray/Events by Lisha. SPR2023-233. Carlisha Gray, 695 South Main Street, presented the application. She explained that she’s looking to Page 6 of 9 open a space for private parties for kids, meetings, anniversaries. Director Kozikowski read into the record his staff comments. Banquet halls are permitted in the B-2 zone, the building is a multi-tenant building. The previous use of this space was for an indoor recreational facility to accommodate a hookah lounge which the special exception for this was revoked by the Planning and Zoning Commission in 2023. The applicant represents thirty-five to fifty parking spaces available for event guests. There are only thirty spaces on the property. The applicant needs to explain where the additional twenty parking spaces are located. Director Kozikowski asked if food and beverages will be prepared onsite. What is the maximum occupancy? What are the days and hours of operation? Will parties be pre-booked in advance? Ms. Gray addressed the questions. For parking, she explained that the landlord told her that she has thirty-five spaces for her business and that twenty more will be available to her in the evenings. Events will take place on the weekends. Parties will most like occur during the afternoon and they will have to book in advance. Food and beverages will not be prepared on site. Events will be catered. She stated for occupancy she believes there is a max of one hundred and ten people. She estimates that parties would have no more than fifty to sixty people. For hours of operation, doors will close at 11pm. Director Kozikowski commented that the twenty extra spaces are actually not under the control of the landlord so the commission should keep that in mind when making a decision. Commissioner Fulton asked if they had an issue with lighting in that area. Director Kozikowski answered he’s not sure. Commissioner Giuliano commented that for the extra parking that’s needed, perhaps the applicant can get an accommodation from the land owner to acquire the parking spaces she needs. Commissioner Pattavina added that there should be signage as to where customers can park. Commissioner Emery commented that they should determine a maximum occupancy. Director Kozikowski stated that it’s the Fire Marshall that makes that determination. The commission can limit the size of the parties based on the available parking. Commissioner Pattavina asked what the opening time will be. Ms. Gray answered that set up will start at 8am and events will take place mostly on the weekends. Commissioner Emery suggested a cap of seventy-five patrons if there is going to be fifty parking spaces available, that is if the Fire Marshall determines it should be fewer. Motion to approve with the conditions that there be signage directing where patrons should park, the applicant shall improve the lighting in the parking lot, provide an agreement with adjoining property owner that will provide the additional parking that is needed, and a cap of seventy-five patrons per event. Moved by Commissioner Emery, seconded by Commissioner Giuliano. Passed unanimously: 7-0 8.2. Zoning Determination/Interpretation if micro-blading can be allowed as a service in a salon use. Director Kozikowski explained that there is an existing salon on Main Street that provides micro- blading. They received a cease and desist order from the Zoning Enforcement Officer since tattooing is not allowed in the B-1 zone. However a question was brought up as to whether micro-blading is a typical service at a salon or would this establishment be considered a tattoo parlor. He is seeking guidance from the commission. Page 7 of 9 Erika Moody, 725 Main Street, owner of the salon for a little over two years, spoke to the commission about micro-blading. She has been micro-blading since she opened and has been in compliance with the Health Department. She explained that in order to micro-blade you have to be a licensed tattoo artist. What she does is semi-permanent make-up. Micro-blading is giving women eye brows. This isn’t the main service that the salon offers and she is the only one who does the micro-blading. Commissioner Fulton clarified that you have to be licensed as a tattoo artist and not under general cosmetology. Ms. Moody answered that is correct. Commissioner Fulton commented that most micro-bladers work in salons as opposed to tattoo shops. Commissioner Giuliano asked if the commission can define what micro-blading is and create a regulation that allows salons to provide this service. Commissioner Emery asked Ms. Moody if she was aware of any other community that has run into the same issues and how did they resolve it. Ms. Moody answered she is not aware of anyone who has run into these issues. Commissioner Carlson asked Ms. Moody to clarify if she is the only micro-blader in the area or in her salon. Ms. Moody answered she is the only micro-blader in the salon. Commissioner Giuliano commented that micro-blading in a salon that offers many other services doesn’t make it a tattoo parlor. Motion to lift the cease and desist and codify the zoning code so that micro-blading is included in salons. Moved by Commissioner Fulton, seconded by Commissioner Giuliano. Passed unanimously: 7-0 8.3. Adoption of the 2024 Meeting Calendar. Motion to approve the 2024 meeting calendar. Moved by Commissioner Giuliano, seconded by Commissioner Emery Passed unanimously: 7-0 9. Public comment on topics which are not or have not been subject of a public hearing David Winkle, 418 Mile Lane, asked if there is any advancement by the city to look at the Red Maple Swamp easement program. Director Kozikowski asked Mr. Winkle to call him during business hours and he will be happy to talk with him about this. 10. Minutes, Staff Reports and Commission Affairs 10.1. Minutes Motion to approve the November 8, 2023 minutes has been tabled until the next meeting. 10.2. RiverCOG Report Page 8 of 9 No report. 10.3. Staff Report Director Kozikowski took this opportunity to welcome the new commission members. 10.4. Commission Affairs Commissioner Pattavina welcomed the new commission members. 11. Adjournment Motion to adjourn Moved by Commissioner Emery, seconded by Commissioner Giuliano Passed Unanimously: 7-0. Submitted, Marek Kozikowski, AICP Director of Land Use Page 9 of 9