City Council Approves Multiple Zoning Changes

Democrats’ Call For More Discussion On Citywide Changes Rejected

Staff Reports

NEW BRITAIN – Despite Democratic Ald. Aram Ayalon’s attempts to slow the process, the 12 – 3 Republican City Council approved sweeping zoning changes proposed by the administration of Mayor Erin Stewart (R) at the June 14th Common Council meeting.

A raft of changes to the city’s land-use zoning map and zoning ordinance passed based largely on what was proposed to the Council on April 26th. Prior to the meeting Ald. Robert Smedley (R-4), the Council’s President Pro Tem, ,moved to put all zoning proposals on the consent agenda, a move for automatic approval without discussion. Ayalon, however, objected and called for discussion and a vote on every change as required by the rules.

The revisions will effect neighborhoods throughout the city. Stewart and Republican Council members characterized the changes as largely technical. One change, on Myrtle Street, was characterized as needed to facilitate upcoming development of the Mount Pleasant neighborhood where the city’s multi family public housing units are slated for demolition.

City Hall Watch

In general, the changes appear to encourage lighter development in most commercial areas of the city and greater emphasis on intensive development of the immediate downtown area. Proponents repeatedly noted some changes were to make “pre-existing, non-conforming” properties conforming, something that may tend to benefit the values of property owners.

But Ald. Ayalon (D-3) expressed concern that many of the changes could have a significant effect on city residents and businesses. In light of key city planning staff not being present at the meeting, he made motions to table the consideration of most of them until further discussion could be had in the full Council with the benefit of the planning professionals answering questions.

Ayalon was joined by fellow Democratic Ald. Iris Sanchez (D-3) in voting to table the changes, but the Republican majority voted down their motions and approved each of the measures. The tenor of the meeting became testy, with Stewart and other Republicans berating Ayalon for asking questions and making motions to table. Smedley argued that the consideration of the items at a committee meeting early in the month was sufficient and that debate in the full Council was unnecessary. Stewart even broke with procedure by speaking about the items from the chair, deriding Ayalon for “the show he is putting on here tonight.”

One subject that Ayalon brought up as needing more consideration were proposals that make “home professional office” use in residential zonings a use allowed, if granted permission by the city Zoning Board of Appeals as a “special exception.” Home professional office uses are those “in which household residents use their home as a place of work and in which either employees or customers come to the site.”

Stewart characterized the change as granting a new right to homeowners. But the wording of the proposals appear to contradict that characterization. The proposals actually appear to remove the right of homeowners in many areas to have home professional offices by right as accessory uses, switching them to use only by special permission from the the Zoning Board of Appeals whose members are appointed by the Mayor.

The changes are only to home professional office uses, and not, “home occupation” uses. “Home occupations” mean “household residents use their home as a place of work, with no employees, customers or clients coming to the site.”

Within a day of the changes being approved, Town and City Clerk Mark Bernacki (R) posted the revisions in a legal notice on the city website:

Legal Notice Resolutions

Jun 15 2023

LEGAL NOTICE

Notice is hereby given that by a majority vote of the New Britain Common Council at the Regular Meeting held on June 14, 2023, eighteen (18) zoning resolutions amending the Local Zoning Ordinances were adopted, and signed by Mayor Erin E. Stewart on June 15, 2023.

Resolution # 36089. Re: to change the OP (Office and Public Buildings) district generally located to the north and to the east of Walnut Hill Park to RO (Residential and Office) district

Resolution # 36090. Re: to change the B-1 (Neighborhood Business) district located along Allen Street to B-3 (Secondary Business) district from approximately Wilcox Street to Dixon Street, and to change the T (Residential) district located on the rear portion of 361 Allen Street to B-3 (Secondary Business) district

Resolution # 36091. Re: to change the CBD (Central Business District) located along Broad Street to the B-3 (Secondary Business) district from approximately Beaver Street to Gold Street and to change the rear portion of the property located between Broad Street and Orange Street from the A-2 (Residential) district to B-3 (Secondary Business) district

Resolution # 36092. Re: to change the A-2 (Residential District) located along Myrtle Street to B-3 (Secondary Business) district from approximately Curtis Street to Burritt Street, and to change the I-2 (General Industry) district located along Bond Street to A-2 (Residential) district

Resolution # 36093. Re: to change the B-1 (Neighborhood Business) district located along Osgood Avenue to B-3 (Secondary Business) district from approximately Corbin Avenue to Osgood Park, and to change the S-3 (Residential) district located on and around 2005 Corbin Avenue to B-3 (Secondary Business) district

Resolution # 36094. Re: to change the B-1 (Neighborhood Business) district located along South Main Street to B-3 (Secondary Business) district at business focused intersections including South Whiting Street, Ellis Street, Roberts Street, and Buell Street; to change B-1 (Neighborhood Business) district to A-2 (Multifamily Residential) district at residential focused areas located between South Whiting Street and Ellis Street, Trinity Street and Roberts Street, and Roberts Street and Buell Street; and to change select parcels from B-1 (Neighborhood Business) district to T (Residential) district that contain residential uses

Resolution # 36095. Re: to change the B-3 (Secondary Business) district located along West Main Street to B-1 (Neighborhood Business) district from approximately Corbin Avenue to the Plainville town line, and to change the B-1 (Neighborhood Business) district located along West Main Street to B-3 (Secondary Business) district from approximately Vine Street to Corbin Avenue

Resolution # 36096. Re: to amend sections of the zoning ordinances regarding permitted uses in the I-1, I-2 and I-3 districts

Resolution # 36097. Re: to amend sections of the zoning ordinances to establish more descriptive zoning district designations for certain residential and business districts

Resolution # 36098. Re: to amend sections of the zoning ordinances to allow home professional office use as a special exception in residential districts and as an accessory use in certain business districts

Resolution # 36099. Re: to amend sections of the zoning ordinances to add multifamily and home professional office as special exception uses, reduce certain dimensional standards, and add new parking standards in the RO district.

Resolution # 36100. Re: to amend a section of the zoning ordinances to add three-family as a permitted use and home professional office as a special exception in the T district

Resolution # 36101. Re: to amend a section of the zoning ordinances to make a use correction to the East Main TOD Zone by switching single family use from TOD-EM-1 to TOD-EM-2 district

Resolution # 36102. Re: to amend a section of the zoning ordinances to correct a numbering error in the B-1R district

Resolution # 36103. Re: to amend sections of the zoning ordinances to create a tiered industrial use classification, move certain motor vehicle uses from B-3 to B-1, reduce front yard setback requirement in the B-1, and incorporate design standards in the B-3

Resolution # 36104. Re: to amend a section of the zoning ordinances to require minimum building height along certain primary corridors in the CBD

Resolution # 36105. Re: to amend sections of the zoning ordinances to add subsection 230-40-20 requiring front yard areas not occupied by legal driveway, parking or walkway surfaces to be either lawn or appropriate and attractive landscaping consisting primarily of vegetative groundcover

Resolution # 36106. Re: to amend sections of the zoning ordinances to reflect changes to the state statutes made during the 2022 legislative session and to clarify distance requirements

ATTEST: Mark H. Bernacki, Town & City Clerk, June 16, 2023

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