SHELTON PLANNING AND ZONING COMMISSION

October 5, 20017; Rev. 11/10/17

RE: Application #17-07 Petition of Dominick Thomas on behalf of 62

Center, LLC
Proposed Planned Development District (PDD) for a Mixed Use
Development
62-66 Center Street and 325 Coram Avenue
Commercial CA-3 District with C.B.D./S.D.A. Overlay Zone
Approval of Initial Development Plans and Adoption of PDD

(DRAFT for consideration at Commission meeting of November 14,

2017)

BACKGROUND

The petitioner, 62 CENTER, LLC, proposes to construct a mixed use

development consisting of 42 residential rental units above a street
level restaurant of 4,862 gross square feet and enclosed, supporting
parking for residents, on a site located at the corner of Coram Avenue
and Center Street in downtown Shelton. The site was formerly owned
by the Russell family. The proposal would utilize the Center Street
level for the restaurant and ground level parking accessible from
Center Street with an additional level of parking above it, accessed
directly from Coram Avenue, plus three floors of apartment units above
that.

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The site is L-shaped, consisting of two (2) parcels totaling
approximately 21,007 square feet and shares a 15 foot wide right-of-
way from the northeasterly corner of the site out to Center Street.
Said right-of-way is owned by and shared with the abutting Civitella
property at #52 Center Street and the adjacent property to the east,
now or formerly of Pic & Pork Realty, LLC, located at #48 Center
Street. The site is generally level with Center Street with the
exception of the southerly portion which slopes upward to blend with
the Coram Avenue street grades since Coram Avenue rises from an
elevation of 33+/- at Center Street to 47+/- at the southeasterly corner
of the site. This grade change has enabled the provision of at grade
access to the upper garage level, thereby avoiding the need for
internal ramping, while also accommodating the residential entry from
Coram Avenue. The site is bisected west to east by an old, masonry
arch culvert carrying the Burying Ground Brook through the site. That
portion of the site at the corner of Coram Avenue and Center Street
between the culvert and street currently accommodates a two (2)
story, high-bay, brick commercial building that at one time served as
an automobile sales and service facility but is currently occupied by
an appliance store and other commercial tenants. Immediately
adjacent in the rear is a single story concrete block building occupied
until recently by an automotive repair facility. At the rear, fronting on
Coram Avenue, is a three (3) story frame residential structure housing
three dwelling units. All existing buildings on the site will be
demolished and all anticipated areas of hazardous materials and soils
will be removed/remedied to the satisfaction of the State Department

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of Environmental Protection and other applicable Federal, State and
Local Agencies. The site has been designated by the Federal
Emergency Management Agency (FEMA) as being within a Designated
Flood Area and has been mandated to require a first floor elevation of
approximately three (3) feet above the Center Street sidewalk level at
the intersection. The site is zoned Commercial CA-3 and is situated
within the CBD overlay zone, in which parcels of 10,000 square feet or
larger are eligible for consideration of a P.D.D.

The Commission, in conjunction with the Downtown Subcommittee,

has been studying the downtown Shelton Central Business District for
some time and has been formulating a Plan for Downtown that will
ultimately be adopted as a supplement to the Plan of Conservation and
Development (POCD).

The Commissions long range planning and revitalization efforts have

always identified the continuation of mixed-use development and the
introduction of new residential apartments in the downtown, provided
that the residential use does not displace street-level commercial
activity. The Commission recently completed a special area study of
the two-block core area immediately north of and opposite the subject
site. The various alternative development concepts for that area all
had in common the anticipation of multi-story buildings along the
Center Street frontage directly opposite this site. The Commission is
contemplating a similar study of the subject block fronting on Center
Street and Howe Avenue as well as those blocks fronting on the east

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side of Howe Avenue from Center Street to Cornell Street. The
Commissions study notes that in the downtown area, the major
responsibility for provision of adequate parking for retail, commercial
and office uses as permitted in the current CA-3 zone has been
assumed by the Shelton Municipal Parking Authority which currently
maintains several parking facilities throughout the downtown,
including in the general vicinity of the subject site. It will be important
for the City to continue its efforts to improve and expand upon these
facilities. There are nearby municipal parking facilities across Center
Street and on both sides of Howe Avenue, between Center Street and
Cornell Street, that are convenient to the subject site.
Notwithstanding the availability of this municipal parking, however, for
the convenience of the residents, the Commission has always
endeavored to satisfy basic residential parking demands directly on-
site. A minimum on-site ratio of one space per apartment unit has
been deemed appropriate and must be provided for each unit as part of
the rental cost. Excess residential demand as well as non-residential
needs can be satisfied by curb parking and other nearby off-site
parking facilities. The subject proposal would provide not less than 42
on-site, enclosed garage spaces on two (2) levels within the building.

The Commission held a duly noticed public hearing on the proposal,

which hearing was convened and completed on June 28, 2017, and the
proposal was generally well received. There were concerns voiced by
the abutting property owner and one (1) additional member of the

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public. Their concerns related to traffic congestion and parking. The
abutter also objected to the additional use and activity on the common
right-of-way, its condition and other related issues. The Commission
discussed the impacts posed by flood levels, the resolution of the
Burying Ground Brook culvert concerns and the impacts posed by the
adjacent Civitella property and expressed concerns about the
proposed one-way on-site traffic flow, the need for preservation of
public sidewalk widths, internal rubbish control, deliveries,
handicapped access, design and arrangement of public access and
security and the ability of the shared right-of-way to adequately serve
the lower parking level needs of the proposal.

The Commission and its Downtown Sub-Committee have completed on-

site visits and an extensive and detailed review of the proposal and are
familiar with the general area as well as the site in particular. The
Commission notes the following findings:

FINDINGS

1. Downtown planning and revitalization efforts have always

contemplated the continuation of mixed-use commercial and
residential development in the Downtown area, provided the
residential units do not displace street level commercial activities.
Based on its planning work to date, the Commission finds that the
nature, scope and design of the subject proposal is consistent with

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 the on-going Downtown planning and revitalization efforts.
Municipal parking facilities exist in the immediate area and
adequate parking should be available for the restaurant use as well
as peak, off-hour residents needs. On the basis of its detailed
planning for the Downtown area, it was determined by the
Commission that the public system of streets and municipal parking
facilities, in combination with proposed on-site structured parking,
will be adequate to accommodate the proposed development.

2. The existing culvert carrying Burying Ground Brook across the site
appears to be in good condition. However, the City Engineer
reported his belief that the culvert should be replaced by a new box
culvert with additional capacity whereas the applicant proposes to
preserve and protect the existing culvert with a structural slab
carrying the loads from the proposed construction. It is unclear at
this time as to who has final jurisdiction concerning the matter. In
any event, the Applicant has agreed that the final solution needs to
satisfy the requirements of all applicable agencies having
jurisdiction, including but not limited to the City Engineer, the Inland
Wetlands Commission and/or the DEEP, as well as potentially one or
more Federal Agencies.

3. The Commission concurs with the applicant that total reliance on

the existing 15 foot wide right-of-way adjacent to the east side of
the abutting Civitella building is not reasonable as it is not
adequate to serve the needs of the proposal and further, that said

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right-of-way cannot be widened and upgraded since it is confined
between buildings of others on both sides. Therefore, the Applicant
proposes to construct an additional exit-only driveway on the
subject site, adjacent to the common property line with the Civitella
property. This would allow the Applicant to improve and use the
existing service drive for ingress only, for entry to the bottom level
of parking, serving 20 vehicles, and to accommodate moderate
sized commercial vehicles to access for rubbish removal, deliveries,
etc. Others with rights to use the right-of-way would continue to
use it also. All exiting site-generated traffic would be directed to
the new exit. The Commission is concerned about conflicting traffic
movements and the ability of the existing service drive to
accommodate any activity associated with the proposal and
therefore finds that the proposed on-site driveway needs to be
widened to accommodate both the entry and exit needs of the
future residents, if not all site-related traffic. As a result, a minor
reduction of the ground level building footprint is necessary, without
reduction of the upper floors, as well as a reexamination of the
garage entry/exit. In the alternative, the Commission strongly
supports on-going efforts to acquire and demolish the abutting
Civitella building/property, allowing for appropriate reconfiguration
and improvement of the existing right-of-way and elimination of the
need for another curb cut in this block of Center Street as well as
allowing for some expansion of the subject proposal.

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4. Initial Development Plans indicate a proposed architectural design
and exterior elevations that are well articulated, with details and
features such as cornices reflecting other Downtown buildings. The
overall height and mass of the proposed building is consistent with
other existing and proposed buildings along Howe Avenue in the
Downtown area. The building will be of steel and masonry
construction and will incorporate two (2) levels of structured
parking within the building. Further design modifications will be
necessary to reflect changes needed to address other Commission
concerns. If a favorable decision on zoning is rendered, the
Commission will then be free to discuss needed design
modifications and changes as plans proceed from conceptual to
Detailed Development Plans. Among other things, the Applicant
should revise/modify the Coram Avenue residential entry to minimize
encroachment into the pedestrian sidewalk area and to address
potential security issues. The Commission will continue to have
additional input regarding final exterior design, cornice/fascia
details, materials selection, etc.

5. Provisions for accommodating rubbish removal for both the

residential units and the restaurant may require further evaluation
and detailing on the Final Development Plans. All rubbish removal
services required or provided shall be on-site and in no way impact
upon the Center Street frontage.

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6. All necessary utility services are available or can be provided to the
site and all utility services will be located underground.

7. The proposed development is consistent with the Commissions

long range land use plan for downtown Shelton and represents
another opportunity to encourage private sector investment in the
downtown Shelton revitalization efforts. The overall proposal is a
creative one, well integrated with the Downtown area. There is no
conventional zoning district to accommodate the unique mixture of
uses at the development standards proposed, with adequate
protections to the City.

8. The proposed Statement of Uses and Standards requires further

minor refinement, modification and clarification to avoid ambiguity
and misinterpretation.

On the basis of the above and at the request of the Commission, Staff
has prepared the following RESOLUTION for the Commissions
favorable consideration and possible action.

RESOLUTION

WHEREAS the Applicant has submitted a complete petition for the

establishment of a five (5) story, mixed-use building housing a street-
level restaurant, two (2) levels of structured parking and three (3)

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floors of residential rental apartments above, under the Planned
Development District regulations on a 0.48 acre site at the corner of
Center Street and Coram Avenue, which site is now zoned Commercial
CA-3 district; and

WHEREAS the Commission held a duly noticed public hearing on June

28, 2017 to consider said application; and

WHEREAS the Applicant has submitted Initial Development Plans,

including other related materials in order to provide the Commission
with the information and details necessary to render an informed
decision; and

WHEREAS the Commission is familiar with the subject site and the
applicable zoning regulations and has reviewed in detail the proposal
and all accompanying documents thereto, and subject to the
comments set forth above, the Commission notes the following:

1. The application complies with the applicable zoning requirements of

Section 34 Planned Development Districts.

2. Initial approval of the WPCA and the Fire Marshall have been
obtained and discussions have taken place with the City Engineer
and Inland Wetlands, with the primary concern being the
appropriate treatment of the Burying Ground Brook culvert. In
addition, FEMA and DEEP may also be involved and the Applicant

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 has represented that they will comply with the requirements of any
and all of the applicable agencies.

3. Development Plans will need to be revised to address all

outstanding issues and concerns noted above including details
regarding site circulation, building design elements, the culvert, etc.

4. The Applicant is continuing with on-going attempts to acquire the

adjacent Civitella property and if successful, it will result in
significant modifications of the Initial Development Plans.

5. The proposed PDD encompasses a parcel of greater than 10,000

square feet and is consistent with overall Downtown Planning, the
adopted Plan of Conservation and Development and the
comprehensive plan of zoning for the City.

6. The parking demands and projected traffic will not overload

available municipal parking facilities and the street circulation
system in the area. Existing and proposed utility services are
adequate for the proposed development.

NOW THEREFORE, the Shelton Planning and Zoning Commission, in

accordance with the provisions of Section 34, hereby approves with
conditions the proposed Initial Development Plans subject to the
following conditions and adjustments:

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a. Satisfaction of all final comments and concerns of the City
Engineer, Water Pollution Control Authority, Inland Wetlands
Commission, Fire Marshall, Local Traffic Authority, the DEEP,
FEMA and any and all other applicable agencies, municipal
boards and commissions.

b. Final modification and revision of the Initial Development Plans

as necessary in response to all concerns noted above and any
outstanding concerns of the Commission and its staff that may
arise from additional on-going review.

c. Successful acquisition of the Civitella property will result in

Initial Development Plan modifications that will result in further
Commission review and possibly additional public hearings.

d. Submission of a modified/clarified Statement of Uses and

Standards to address minor, outstanding concerns.

e. Provision of specifics concerning exterior finishes, including

submission of samples of exterior materials and finishes, as
requested by the Commission.

f. All utility services shall be located underground.

g. At the time of approval of Final Development Plans, appropriate

bonding will be required covering any work within the public
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 rights-of-way and in such additional amount as determined by the
Commission to assure the completion of critical site
improvements, landscaping and other areas of concern. A
separate, cash bond shall be provided to assure the installation
and maintenance of any required sediment and erosion controls.

Final Development Plans including all supporting design details,

information and evidence of all necessary final approvals, shall be
submitted on or before July 1, 2018, unless otherwise extended for
good cause shown. No permits shall be issued prior to approval of
Final Development Plans.

On the basis of this conditional approval of Initial Development Plans,

the subject PDD is adopted for the reasons found in the discussions
preceding the motion and shall be identified as PDD #90.

Said adoption shall become effective on Friday, November 24, 2017 at

8:00 a.m.

The above RESOLUTION was moved by Commissioner _______________

and seconded by Commissioner ______________.

Upon completion of all further discussion, on a roll call vote,

Commissioners _____________, _______________, _______________,
_______________ and _____________ voted in favor.

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Commissioners ________________________________ voted in opposition.

The Chairman declared the RESOLUTION adopted.

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