ARTICLE 7. PLANNED AREA DEVELOPMENT (PAD)

7.1. Statement of Purpose

The Borough of Stonington recognizes that in order to achieve the goals of the Plan of Conservation and Development, it is necessary to permit, in certain cases, the waiver of strict conformance to portions of these Regulations, subject, however, to rigorous review of detailed site and building plans, and the requirement of exceptional design quality in order to justify exceptional zoning flexibility. The goals of the Plan of Conservation and Development, which Planned Area Development is designed to achieve, include but are not limited to the following: the enhancement for diversity of residential opportunity; flexibility in the development of properties which are unusual in their location and/or physical character; the mixing of land uses in a manner which is innovative and yet compatible and harmonious, especially in the area of the Borough waterfront; the protection of coastal resources as defined by Connecticut General Statutes Section 221-93; and the maintenance of the Borough’s historic character and beauty, its aquatic vistas and waterfront public access, its village-scale streetscape, and similar amenities of the Borough as a seaside community of the nineteenth century.

7.2. Planned Area Development District (PAD)

The Planned Area Development District shall be a floating zone which may, upon application and approval in accordance with these Regulations, be approved by the Borough Planning and Zoning Commission. An application for PAD shall only be permitted for the following underlying districts: Residence, Planned Commercial, Planned Waterfront, and those Planned Industrial Districts located adjacent to Stonington Harbor Regardless of its underlying zone, no application shall be considered for any property indicated on the Plan of Conservation and Development as being at its full residential density capacity or as being proposed for preservation of its general density and character.

7.3. Minimum Parcel Size

No application for PAD shall be permitted for any lot or lots having a total land area of less then twenty thousand square feet. Any number of lots may be combined for purposes of a PAD application, provided, however, that all owners of record shall sign the application form and shall submit partnership, incorporation, or other documents binding the owners to act as one person, and in addition, all applicants and property owners shall be jointly and severally liable for any obligations created by approval of a PAD under these Regulations.

7.4. Permitted Uses in the PAD District

Any use permitted in any district under these Regulations may be permitted in a PAD, subject to review and approval by the Commission, and further subject to the following conditions and restrictions:

7.4.1. Any applicant under this PAD regulation shall have the burden of establishing that any proposed use or uses are compatible with each other and with land use patterns on adjoining properties. Such proof must entail more than a mere assertion, but must include expert testimony as to anticipated noise levels, hours of operation, peak times of activity and traffic, visual and noise screening measures, and the like.

7.4.2. No PAD proposed for the Residence District shall use more than twenty percent (20%) of the floor space of all building sites combined, nor more than twenty percent (20%) of the land area of the site, for non-residential purposes.

7.4.3. No PAD proposed for the Planned Commercial District shall use less than fifty percent (50%) of the floor space of all proposed buildings combined, nor less than fifty percent (50%) of the land area of the site for commercial purposes. Likewise, no PAD proposed for the PC District shall use more than twenty percent (20%) of the floor space of all proposed buildings combined, nor more than twenty percent (20%) of the land area of the site for residential purposes.

7.4.4. No PAD proposed for the Planned Waterfront District shall use more than twenty percent (20%) of the floor space of all proposed buildings combined, nor more than twenty percent (20%) of the land area of the site, for uses which are not directly water-related, as set forth in Section 6.1.2. All PAD proposals in the PW District shall comply with the waterfront public access requirements of Section 6.1.

7.4.5. A PAD proposed for the Planned Industrial District shall comply with the following:

7.4.5.1. Mix of Uses, Overall: No less than twenty percent of the total square footage of all buildings shall be used for uses permitted in the Planned Industrial District (Section 6.3) or the Planned Commercial District (Section 6.3). While these uses include Special Permit and Permitted Accessory Uses, including two-family and multi-family dwellings above the ground floor (lowest habitable floor) (Section 6.2.2.3), the application should include, to the extent feasible, non-residential uses to satisfy the above 20% requirement. Two-family and multi-family dwellings will be reviewed under the criteria of this Section 7, not Section 6.2.4 or the Sections referenced there;

7.4.5.2. Mix of Uses, New Construction: Except as provided hereafter, the total residential square footage in new construction (new buildings and additions to existing buildings) shall not exceed twenty percent (20%) of the approved, total square footage of existing and proposed buildings on site. If the Commission finds, on the basis of adequate information provided by the applicant or on the Commission’s or it’s agents own inspection, that the physical deterioration of a pre-existing building makes it impractical to adapt it for residential uses, the Commission may, but shall not be obliged, to allow the replacement of all or a portion of the building. If the Commission allows such replacement, the square footage in the replacement building or portion shall not be considered new construction, for the purposes of this section, to the extent that it does not exceed the replaced square footage of the pre-existing building.

7.4.5.3. Adaptive Reuse Permitted: The Commission may permit adaptive re-use for residential purposes of buildings existing on the effective date of the Regulation.

The Commission may, upon request of the applicant, modify the minimum or maximum percentage requirements of subsection 7.4.5.1 and 7.4.5.2 by up to five (5%) percentage points. The Commission may also allow residential dwelling units on the ground floor (lowest habitable floor) of an existing building. The Commission may approve such requests by the applicant where such modification will facilitate a PAD plan which:

a. Incorporates the preservation and adaptive reuse of buildings existing on the effective date of the Regulations;

b. Provides public open space and/or community use of land or building areas

c. Furthers the policies of the Coastal Management Act; and

d. Implements the policies of the Borough Plan of Conservation and Development.

7.5. Bulk Requirements

Minimum required lot area: No PAD will be considered for less than 20,000 square feet, as per Section 7.3.

Minimum frontage: Not specified; adequate access must be provided for proposed use or uses.

Maximum lot coverage: 35 percent (35%)

Minimum yard widths: No requirement

Maximum building height: 30 feet, except as provided below:

Where the PAD proposal includes public open space and/or community use of land or building areas, the Commission may allow building height in excess of that set forth above where:

7.5.1. An addition to an existing structure is not to exceed in height the highest point of that existing building; or

7.5.2. An new building is being constructed:

7.5.2.1. Which reflects the architectural style of an existing building on the site, or in the immediate area of the site; and

7.5.2.2. For which the first habitable floor level must be increased in elevation over existing grade in order to comply with the current requirements of the Federal Emergency Management Agency; and

7.5.2.3. Which is located entirely within an area between Stonington Harbor and an existing building on the same site having an equal or greater height than the proposed new building; or

7.5.3. The additional height would accommodate, on an existing building, an ornamental architectural feature (such as a clock tower or bell tower) that is harmonious in design and scale to a feature that existed on a building constructed prior to the adoption of the Zoning Regulations in the Borough of Stonington.

In such new building, the maximum height shall be measured from the lowest habitable floor level or elevation permitted by the Federal Emergency Management Agency, plus thirty (30) feet. Any such height increase shall be subject to the criteria of Sections 7.9 and Sections 2.6.4 through 2.6.10 of these Regulations.

7.6. Maximum Residential Density

No proposal for a PAD shall include residential densities in excess of eight units per acre for each acre of the property dedicated to residential use. In determining the acreage dedicated to residential use in PAD applications for mixed uses, the area of the site shall be multiplied by the ratio of residential building square footage to non-residential building square footage.

7.6.1. Waiver to Encourage Adaptive Reuse

The Commission may modify the requirements of the preceding paragraph so as to allow higher residential densities up to twelve (12) residential units per acre for the gross acreage of the entire site. The Commission will only grant such modification where:

7.6.1.1. It will facilitate the preservation and adaptive reuse of existing buildings; and

7.6.1.2. Where there is to be no increase in the total building coverage, nor the total floor area, as compared to that of buildings existing on the effective date of these Regulations.

7.7. Preliminary Review of PAD Applications

Any applicant for a PAD may make a written request for a preliminary, non-binding opinion from the Commission to the effect that the proposed PAD concept, including the mix and density of uses, is appropriate for the location proposed and that the other findings required by these Regulations for PAD approval could, in a final plan of sufficient detail, be made. Any such applicant shall, upon making such request, submit to the Commission no fewer than ten sets of preliminary site and building plans. In order to provide a sufficient basis for discussion, these preliminary plans should include at least the following information:

7.7.1. Boundary survey of the property proposed for the PAD District, certified by a Connecticut licensed land surveyor to the standards of A-2 accuracy.

7.7.2. Site plan showing building coverage and floor area, parking areas, landscaped and public open spaces, vehicular and pedestrian circulation patterns, and the same information for all properties within two hundred feet of the proposed property, including the names and addresses of the record owners for such properties.

7.7.3. Preliminary building plans, including renderings of the proposed architectural style, height, materials, and bulk of all buildings, and sample floor plans and a model of the proposal at a suitable scale.

7.7.4. A listing of all proposed land and building uses, including the square feet of land or building proposed for each, and the number and approximate size, character, and ownership pattern of residential units, if any; use designations must be specific, and categorical designations such as “commercial” or “industrial” will not suffice.

7.7.5. Information on the location, availability, capacity, and feasibility of service for proposed utilities.

7.7.6. A traffic study prepared by a Connecticut registered professional engineer specializing in such studies, which study shall evaluate the proposed preliminary site plan for internal pedestrian and vehicular circulation, site lines for access driveways, and the capacity of adjacent and feeder streets to safely accept the additional traffic anticipated both from the proposed development at the time of the application, and at full development in accordance with the Plan of Conservation and Development as adopted and hereafter amended.

7.8. Procedure for PAD Applications: Receipt and Referral

Whether or not the applicant has requested and received a preliminary opinion on the proposed PAD concept, the applicant may at any time submit a formal application for a zoning district change to PAD and for PAD plan approval under these Regulations. The application shall be accompanied by a fee as provided in Section 11.4. The materials submitted for preliminary review in Section 7.7 above may be used as part of the formal submission. In addition, the applicant shall submit all information required for a site plan and Special Permit in accordance with Articles 9 and 10 of these Regulations.

Where construction is to occur in phases, or where certain buildings or spaces remain otherwise undesigned at the time of the application (such as for single-family dwellings to be constructed for future occupants), the Commission may approve or disapprove preliminary plans and designs for those future phases. The preliminary plans shall designate the bulk requirements to be applied to all buildings (footprint, height, maximum floor area), and the phasing of any demolition. No demolition shall occur in advance of that specified in the preliminary plan. The commencement of construction in a future phase shall be subject to the submission and approval of final designs and specific use designations. Any such subsequent submission shall be deemed to constitute a part of the original PAD application and shall be evaluated as a legislative decision under the criteria of this Section. It shall not constitute a Special Permit or Site Plan application.

The Commission may require bonding of amenities or improvements which will serve a future phase, and may also require bonding of the restoration (grading, stabilization, loaming, and seeding) of the land beneath any building to be demolished.

Where a PAD application is sought to be approved in phases, the applicant shall indicate all areas of the site expected or proposed to be used for open space, community use spaces, public access, or other public or community resources upon full development of the parcel in accordance with the PAD. All such areas shall be referred to hereafter collectively as "Common Area." Each phase of the proposed PAD shall include, at a minimum, a percentage of the proposed Common Areas that will be sufficient to make the cumulative percentage of all Common Areas presently or previously provided equal to the cumulative percentage of the total proposed building floor area to be occupied as of the completion of that phase.

Both the initial phase(s) and future phases of any PAD application shall be evaluated under the criteria of this Section 7 and of Sections 2.6.4 through 2.6.10 of these Regulations. Provided the final plans make no significant or substantial change to the future phase, approval of final plans for a future phase of a PAD shall not be construed as a "Major Amendment" per Section 7.14 of these Regulations. Nevertheless, approval of final plans for a future phase shall require a public hearing.

Upon receipt of an application for formal approval, the Commission shall, at its next regular meeting following such submission, determine if the application is complete in accordance with these Regulations, and if so, the Commission shall hold a public hearing on the application within sixty-five days in accordance with the requirements of Section 8-3 of the Connecticut General Statutes pertaining to changing zoning districts.

7.8.1. Where appropriate, plans for the proposed PAD shall be referred to the Southeastern Connecticut Regional Planning Agency for its review and comment.

7.8.2. The Commission shall refer said plans for comments and reports to Borough and Town staff and agencies, including but not limited to, the following: Borough Fire Chief, Town Fire Marshal, Town Police Traffic Division, Town Building Official, and Town Director of Public Works.

7.8.3. The applicant shall notify record owners of all property within three hundred feet of the perimeter of the proposed PAD of the public hearing, in the manner set forth in Section 10.3 of these Regulations.

7.9. PAD Applications: Evaluation

Following the public hearing on the PAD application, the Commission shall make a determination whether all the following conditions are satisfied:

7.9.1. The location of the proposed uses of the PAD are in conformance with the adopted Plan of Conservation and Development;

7.9.2. The PAD is superior to any development which might be permitted in accordance with the underlying district designation, said superiority to be measured by the criteria contained in these Regulations and in the goals and objectives for the Plan of Conservation and Development, including, but not limited to, the goal of expanding the scope and diversity of residential opportunity;

7.9.3. The proposed PAD affirmatively contributes to the public health, safety, and welfare and the purposes of these Regulations;

7.9.4. The PAD conforms to all requirements of these Regulations, including the criteria for approval of site plans and Special Permits.

7.9.5. Compliance with the criteria of Sections 2.6.4 through 2.6.10 of these Regulations.

7.9.6. All utilities shall be underground.

7.9.7. Any private streets, sidewalks, drainage, or other similar improvements shall comply with the applicable specifications required for public improvements in the Borough of Stonington.

In that the approval of a PAD constitutes a change of zone, it calls for the Commission to act in its legislative capacity, and to exercise legislative discretion. By filing an application for a PAD, the applicant acknowledges and accepts the nature of such application, and the level of discretion which the Commission possesses in such applications.

7.10. PAD Applications: Commission Decision

Following the public hearing and evaluation of the proposed PAD, the Commission may approve, modify and approve, or deny said application. Modifications by the Commission may include conditions of approval to be met prior to endorsement and filing as set forth in Section 7.11, and may also include phasing requirements for construction, completion of public improvements prior to completion of certain construction phases, bonding of public improvements or project amenities by cash or insurance bond, and any other conditions or requirements which may be required to insure compliance with the objectives of the PAD Regulations, and to protect the public health, safety, and welfare.

7.11. Endorsement and Filing of Final Plans

Within thirty days of the vote of approval of the Commission, the applicant shall submit a complete set of final development plans to the Commission, accompanied by written and signed statements by the applicant’s architect, land surveyor, and professional engineer to the effect that the plans submitted are in conformance with all relevant provisions of the Zoning Regulations and that they include all information and amendments required by the Commission for its final approval. The Chairman and/or Secretary of the Commission shall endorse said plans at the next regularly scheduled meeting of the Commission, provided that the Commission finds that the plans are, in fact, conforming with the Regulations and to the final approval. Thereafter, it shall be the applicant’s responsibility to file said plans in the Office of the Town Clerk within thirty days for their endorsement and any plan not so filed shall be automatically null and void.

7.12. Construction and Completion

Construction shall commence on any PAD approved in accordance with the final plans within one year of the filing in the Office of the Town Clerk in accordance with Section 7.11, and any plan not completed with a Certificate of Occupancy issued in accordance with Section 7.13 below, within five years of the date of filing, shall likewise be null and void, and no Certificate of Occupancy shall thereafter be issued except by the amendment procedure as set forth in Section 7.14.

7.13. Certificate of Occupancy

Prior to the issuance of a Certificate of Occupancy by the Building Official, the Commission shall, at a regularly scheduled meeting, receive signed, sworn statements from the project architect, engineer, and land surveyor to the effect that the project is complete in accordance with the approved final plan, as it may have been amended in accordance with Sections 7.14 and 7.15 below, or, in the alternative, that said project is incomplete, the specific items remaining to be completed, and the estimated cost of such work at market prices. The Commission shall consider said signed sworn statements along with inspection by Commission members and/or staff reports and, if the Commission finds the PAD to be complete, it shall authorize the issuance of a Certificate of Occupancy.

If the Commission finds the PAD to be complete, it shall authorize the issuance of a Certificate of Occupancy or, in the alternative, authorize said issuance upon the posting of a cash or passbook bond in the amount of the value of the items to be completed plus ten percent administrative overhead. Said bond shall be released by the Commission when further signed, sworn statements by the relevant professional are received, and the Commission finds that the remaining items are completed.

7.14. Major Amendments to Approved Final Plan

Any major amendment shall be processed by the Commission as a new application in accordance with these Regulations. A major amendment shall be defined as including, but not limited to: alteration for the height, coverage, square footage, external appearance, or use of any building or structure; any significant or substantial rearrangements of such buildings or structures; any change in the residential units’ density, number of bedrooms in a significant portion of the dwelling units, ownership pattern, or significant changes in the floor plan of any building or buildings; any alteration of landscaped areas, public access spaces, waterfront vistas, recreation area, or other amenities; any change in phasing or timing; any alteration to the utilities to be provided to the PAD. The Commission shall, in cases of question, determine whether a change shall be designated as major or minor.

7.15. Minor Amendments to Approved Final Plan

Any minor amendment to an approved final plan may be approved by the Commission at its discretion, if it finds that the change will in no way diminish the affirmative benefit which the Borough derives from the subject PAD, and will not alter any basic, substantive, or significant aspect or feature of it which was considered by the Commission and the public in their review of and comment on the original proposal. No minor amendment may be approved without completely revised plans in accordance with Section 7.10 and endorsement and filing pursuant to Section 7.11.