P&Z Considers Creating New Multifamily Zoning Rules
In anticipation of a developer pursuing the construction of a multifamily complex, including an affordable housing component, the Planning and Zoning Commission (P&Z) is continuing its review of the proposed Mixed-Use, Mixed-Income Overlay Zone (MUMI-10), a land use zone and accompanying zoning rules that would be used to better regulate such growth.
The proposed seven-page set of MUMI-10 zoning regulations is intended to effectively provide the P&Z with more control over the design features of multifamily housing complexes than would be provided by the existing zoning rules known as the Affordable Housing Development Overlay Zone (AHD).
The P&Z is considering enacting the MUMI-10 rules in seeking to avoid the state controls placed on municipalities when municipalities lose court appeals under the terms of the state’s Affordable Housing Appeals Act.
Such a town loss in court in 2009 resulted in the construction of Edona Commons, a 26-unit condominium complex with an affordable housing component that is now partially built on five acres in Sandy Hook Center. The P&Z had opposed construction of that complex due to its high construction density, but the courts ruled against the town following a costly legal battle which lasted several years.
The term affordable housing often is used interchangeably with the terms low- and moderate-income housing, and incentive housing.
“Affordable housing” is defined by the state in terms of the maximum income levels of those who are legally eligible to buy or rent such housing. Also, to be considered affordable housing, the dwellings must be deed-restricted for that purpose.
Affordable housing is sold or rented to residents at much lower prices than market-rate housing.
To provide an incentive to developers to build high-density complexes that include an affordable housing component, the applicable zoning regulations allow for a much higher construction density than would normally be allowed on a given site
In effect, the income for developers that is generated by those higher construction densities provides the developers with a means to subsidize the price of the affordable units there.
The state requires that municipalities have at least ten percent of their housing stock designated as affordable housing. Newtown has not yet met that planning goal.
The MUMI-10 zoning rules provide for mixed land uses, mixed income levels of its residents, and a 10-acre minimum site size. The MUMI-10 proposal is a “self application,” in which the P&Z is the applicant for creating the overlay zone.
Developer Serge Papageorge, doing business as 79 Church Hill Road, LLC, is seeking to develop a multifamily project on a 35-acre site at 79 Church Hill Road, which is now owned by Carmine Renzulli. The number of dwellings proposed has not been disclosed by the developer. Access would be provided at Walnut Tree Hill Road.
The irregularly-shaped parcel near Exit 10 lies generally north of Church Hill Road, west of Walnut Tree Hill Road, south of Evergreen Road, and east of I-84.
In light of the impending development project, a group of Walnut Tree Hill Road area residents is monitoring the P&Z’s efforts to create a new zoning designation for high-density, multifamily housing, which would include an affordable housing component.
P&Z Chairman Robert Mulholland has said that MUMI-10 zoning regulations would provide the P&Z with some control over the design and appearance of multifamily complexes which include affordable housing.
P&Z members discussed the third draft proposal of the MUMI-10 rules at a December 18 public hearing.
P&Z member Michael Porco, Sr, termed the MUMI-10 zoning proposal a “proactive approach” that “is prudent and in the best interest of the town.”
Mr Porco, however, questioned why there would need to a be a commercial component included in such a zone.
George Benson, town director of planning, told P&Z members there are seven land parcels in town, including 79 Church Hill Road, where the MUMI-10 zoning rules potentially could be employed. Six of the seven sites are in Hawleyville.
MUMI-10 zoning is intended to foster a sense of cooperation between developers and the town in creating affordable housing, rather than pitting the developers and the town against each other in court actions involving the Affordable Housing Appeals Act, Mr Benson said.
In response to recent public comment, the proposed height for such complexes has been reduced from 42 feet to 36 feet, Mr Benson said.
Public Comment
Mary Burnham of 24 Walnut Tree Hill Road asked why the P&Z should create zoning regulations that would make it simple for a developer to have commercial space at a housing complex. Also, she asked why the P&Z should allow complexes to be as tall as three stories.
Mr Mulholland responded that while the MUMI-10 rules would allow a high construction density, the P&Z would have some certain review power over the particular design of a complex.
By creating MUMI-10 zoning rules, the P&Z is seeking to avoid losing court cases involving the Affordable Housing Appeals Act, he said.
Jack Bestor of 24 Walnut Tree Hill Road urged that P&Z members be specific in the proposed zoning rules as a way to better control the aesthetics of a housing complex. Three-story buildings in a housing complex would be too tall and out of character with the Walnut Tree Hill Road neighborhood, he said.
Across Walnut Tree Hill Road from the land proposed for development lies Walnut Tree Village, a 212-unit age-restricted condominium complex which was built starting in the mid-1990s.
Commercial real estate broker Bryan Atherton, who represents Mr Renzulli, read passages from the 2014 Town Plan of Conservation and Development concerning the local need for much more affordable housing than is now available.
The P&Z approved the town plan late last year.
“We need [construction] density,” Mr Atherton said of the desirability of multifamily complexes with an affordable housing component.
Ken Chimileski of 22 Walnut Tree Hill Road provided P&Z members with an aerial photo of the Walnut Tree Hill Road area.
The 35-acre site proposed for development by 79 Church Hill Road, LLC, could hold 180 new dwellings, he said. He noted the presence of Walnut Tree Village on the opposite side of the street.
The proposed multifamily growth does not conform with the character of the town, he said.
“This does not maintain our residential neighborhood … It slaughters it,” he said.
Mr Benson said the P&Z is seeking to protect the neighborhood through regulatory mechanisms such as MUMI-10 zoning.
The P&Z hearing on the proposed MUMI-10 zoning regulations is scheduled to resume on January 15.