||Planning and Zoning Code- Section 39A
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SECTION 39A- INTERSTATE MIXED USE ZONE
39A.00- DESCRIPTION OF ZONE- This zone is designed for the development
of business and professional offices and multi family residences along the
existing interstate corridor in a park or campus type setting with the
retention of open spaces and the preservation of the natural features of the
area. Recognizing that, if properly planned, such mixed use development is
beneficial to the community such uses are allowed by site plan approval and
special exception. It is the responsibility of the Planning and Zoning Commission
and city staff to ensure, through the site plan approval and special exception
process, that this proper planning takes place.
The zone shall be limited to
property which has at least 50 acres of contiguous land and which abuts an
interstate highway as well as one state highway. Additionally, no site plan or
special exception for such use may be approved unless the area zoned Interstate
Mixed Use has an access road, public or private, within 300 feet of an
Interstate Highway entrance or exit. No building constructed in this zone shall
exceed eight (8) stories as measured from the property's highest grade, excluding
basements and cellars as defined in the Zoning Code and excluding elevator
and/or mechanical penthouse facilities. In no case shall the height of a
building exceed 100 feet.
39A.01- EFFECTIVE DATE- March 28, 1990
39A.02- USES- No land
shall be used or occupied and no structure shall be erected, constructed,
reconstructed, altered or used except for any use which is indicated as a
permitted use or a special exception use in the IM zone of Section 60 of this
39A.03- SPECIAL CRITERIA- Due to the potential impacts of such
high intensity development permitted and as allowed by Special Exception, in the
areas where this zone could be applied, the Planning and Zoning Commission will
require that, in addition to the Special Exception criteria for multi-family and
the site plan approval criteria for business and professional offices in
Sections 44 and 55 of this code respectively, the following requirements will be
- 39A.02.01- PERMITTED USES- Permitted Uses shall be Business and Professional
Offices as described in Section 34.01 of this Code.
- 39A.02.01.01 LOT AREA, WIDTH AND
||8 stories (100 ft.)
- 39A.02.01.02- LOT COVERAGE- Only 60 percent of the total lot area will be
allowed to be rendered impervious.
- 39A.02.01.03- OFF-STREET PARKING AND OFF-STREET
LOADING REQUIREMENTS- Off-street parking and off-street loading shall be provided
in accordance with the provisions of Section 40.
- 39A.02.02- SPECIAL EXCEPTION USES-
Special Exception uses shall be multi-family residential as specified in Section
60 of this Code. Such uses shall not exceed 250 dwelling units in any IM zone.
- 39A.02.02.01- LOT AREA, WIDTH AND YARD REQUIREMENTS-
||8 stories (100 ft.)
- 39A.02.02.02- YARD MODIFICATIONS- When the site abuts a State or
Interstate highway the Commission may modify the yard requirement for the yard
which abuts the highway. Additionally, the setbacks as set forth above shall be
modified as follows; 1.) for those buildings which exceed six (6) stories there
shall be an additional setback of five (5) feet for each additional above ground
story; 2.) The above setback regulations shall control the construction of all
structures except those located within 50 feet of an Interstate Highway, which
structures shall be set back so that their side yard or front yard, whichever is
closest to the Interstate Highway shall be at least ten (10) feet in accordance
with the setback lines of the Interstate Office Park Zone. Rear yard
requirements will be accordance with the Interstate Office Park zone; 3.) Within
the lot, structures or parts thereof containing primary uses shall be erected no
closer than 100 feet from each other. Structures or parts thereof containing
accessory uses shall be erected no closer than 15 feet from any other structure.
Nothing herein shall be construed to prevent the phased construction of a single
and contiguous structures.
- 39A.02.02.03- RESIDENTIAL DENSITY- The density per acre of
residential units shall not exceed 18 units per acre, but in no event shall the
number of residential units in any IM zone exceed 250 dwelling units. Prior to
the issuance of a building permit for any residential uses in this zone, at
least 700,000 square feet of office space shall be under construction.
LOT COVERAGE- Only 60 percent of the total lot area will be allowed to be
- 39A.02.02.05- OFF-STREET PARKING AND OFF-STREET LOADING
REQUIREMENTS- Off-street parking and off-street loading shall be provided in
accordance with the provisions of Section 40.
- 39A.02.03- ACCESSORY USES- In addition
to the permitted uses set forth in Section 39A.02.01-02, uses customarily incidental
to the main or principle building or land use and as set forth elsewhere in this
code shall be permitted, including employees within such buildings, such as
garages, but not limited to cafeterias and like facilities designed to serve
only the occupants of the buildings in the zone. Conference and meeting
facilities, data processing and storage shall be included within the definition
of accessory uses.
- 39A.03.01- TRAFFIC MANAGEMENT AND REDUCTION PLAN- Upon application
for site plan approval to construct business and professional offices the
applicant shall submit a preliminary schedule of employee working shifts for
each proposed building in each proposed phase. This schedule will display to the
Commission that every attempt will be made to stagger the shifts in order to
reduce the concentration of automobile traffic and air pollutants at peak hours.
Understanding tenants may not be identified prior to or during the site plan
approval process the applicant is provided much flexibility in attempting to
adhere to this schedule. But, compliance with this section, general intent will
be strictly enforced with Section 55.09 of this Code. The applicant will also be
required to recommend to tenants that they implement employer incentive programs
which encourage car pooling, van pooling and other forms of mass transit among
- 39A.03.02- PHASING- With application for site plan approval and/or
special exception the applicant shall submit to the Planning and Zoning
Commission a Development Schedule which displays the phases of anticipated
development. The commission may grant approval limited to each phase of
development. Each phase shall be capable of independent existence without the
completion of succeeding phases. Buffer and setback requirements shall not apply
to the common line between phases of development.
The scheduling of development shall attempt to avoid any potential
detrimental effect of rapid development on surrounding roads and city services.
Moratorium on Construction - As such a large development as is contemplated by
this zone could result in a large increase in multi-family housing, the
commission should consider discussing with the applicant at the time such zone
is to be established on a designated parcel of land within the city whether or
not the developers will consent to a self-imposed moratorium or phasing of the
residential multi-family housing to be contained with the zone. Prior to or at
the same time as a site plan and/or special exception for a use within such a
zone is approved, a Master Plan shall be presented providing for minimum of
700,000 square feet of non-residential space contained within the area
designated on City of Middletown Zoning Map as Interstate Mixed Use Zone.
- 39A.03.03- ILLUMINATION- Interior or exterior lighting,
including signs, shall not be of such intensity or located or directed in such a
way as to produce glare or discomfort on public streets or neighboring
- 39A.03.04- GROUPING- Each development plan shall group the
buildings in such a manner as to reflect the existing topography, preserve as
much on the natural features as possible and minimize the concentration of air
pollutants. The minimum distance between any two structures containing a primary
use shall be 100 feet. Structures or parts thereof containing accessory uses
shall be erected no closer than 25 feet from any other structure. Courts shall
be completely open on one side. The Commission may require division of, or
further separation of, groups of buildings and/or facilities depending upon
layout and topography in order to maintain the open character of the area.
- 39A.03.05- LANDSCAPING- In addition to the requirements in
Section 40 of the Zoning Code a minimum of five percent of the total above
ground parking area shall be landscaped consisting of areas at least eight feet
in width and provided with a six inch bituminous concrete, concrete or granite
curb as determined by the Planning and Zoning Commission. A minimum of 35
percent of the five percent requirement shall contain evergreen plantings at
least three (3) feet high, planted three feet on centers. Planting areas shall
be provided between all parking areas and road ways of driveways. A minimum of
one properly selected, as determined by the Urban Forestry Board, shade tree at
lease 12 feet high and having a caliber of not less than three inches measured
at four feet above the ground shall be provided within the parking area for
every 10 parking spaces. At critical visual intersections, as determined by the
Planning and Zoning Commission, landscaping may be required that provides
unobstructed vision. The required landscaping may be modified to fit site
conditions as recommended by the applicant and approved by the Commission. A
landscape plan, prepared by a landscape architect registered in the State of
Connecticut, displaying this information shall be submitted to the Planning and
Zoning Commission as part of the site plan and/or special exception application.
- 39A.03.06- BUFFER AREA REQUIREMENTS- There shall be provided landscaped or naturally
wooded buffer areas, of at least 25 feet in width, within the setback areas
adjacent to existing or proposed residential properties. Where adjacent
properties are non residential the buffer areas may be reduced to 15 feet. Where
the property abuts an existing State of Interstate highway the Commission may
modify the degree of screening. These required buffer may be modified to fit
site conditions as recommended by the applicant and approved by the Commission.
All buffer areas shall be planted or preserved in a natural state with a mixture
of properly selected, as determined by the Urban Forestry Board, evergreen and
deciduous trees and shrubs which shall afford an attractive year round visual
screen within 12 months after initial planting. Such screening may include
ornamental fences, berms and or walls, but only in combination with trees and
shrubs which shall provide at least 25 percent of the effective screening. It
shall be the responsibility of the owner of the building or a homeowners
association to maintain all plantings, walls and fences in good condition which
responsibility shall be enforced pursuant to Section 44.07 and 55.09 of the
Zoning Code. All plant materials shall meet the following minimum size standards
at the time of planting. Caliper measurement shall be measured at four feet
||2 inch caliper
||8 feet (height)
||4 feet (height)
|Evergreen Tree Shrubs
||4 feet (height)
||18 inches (height)
||15 inches (height)
A landscape plan, prepared by a
landscape architect registered in the State of Connecticut, displaying this
information shall be submitted to the Planning and Zoning Commission as part of
the site plan and/or special exception application.
- 39A.03.07- ENVIRONMENTAL IMPACT
EVALUATION- A detailed written document with supporting graphic material
concerning the environmental impacts of a proposed development, prepared by an
adequately qualified and competent professional person or firm, shall accompany
the site plan and/or special exception and shall include the following: a.
Determination of Environmental Significance: Significant effect means
substantial adverse impact on the environment. The significance of a likely
consequence should be assessed in connection with its setting, its probability
of occurring, its duration, its irreversibility, its controllability, its
geographic scope and its magnitude. The following factors shall be considered in
determining whether a proposed action may be expected to have a significant
- Direct and indirect effects. Direct effects are the
primary environmental consequences which would result from the implementation of
a proposed action. Indirect effects are the secondary consequences on local or
regional social, economic or natural conditions or resources which could result
from additional activities (associated investment and changed patterns of social
and economic activities) induced or stimulated by the proposed action, both in
the short term and in the long term. For the purposes of determining
environmental significance, direct and indirect effects on the environment shall
be considered, including but not limited to the following potential or actual
- Impact on air and water quality or on ambient noise levels;
Impact on a public water supply system or serious effects on groundwater,
flooding, erosion or sedimentation;
- Effect on natural land resources and formation, including inland wetlands,
and the maintenance of in stream flow;
Disruption or alteration of an historic, archeological, cultural or recreational
building, object, district, site or its surroundings;
- Effect on natural
communities and upon critical species of animal or plant and their habitat;
interference with the movement of any resident or migratory fish or wildlife
- Use of pesticides, toxic or hazardous material or any other
substance in such quantities as to create extensive detrimental environmental
- Substantial aesthetic or visual effects;
- Disruption or division of
an established community or inconsistency with adopted municipal and regional
- Displacement or addition of substantial numbers of people;
Substantial increase in the type or rate of energy use as direct or indirect
result of the action;
- A substantial increase in the type or rate of energy
use as a direct or indirect result of the action;
- The creation of a hazard to
human health or safety;
- Any other substantial impact on natural, cultural,
recreational or scenic resources.
- The Commission may require a statement as
to the consistency or inconsistency of the application with the Statewide Plan
of Conservation and Development.
- Cumulative Impacts. Cumulative Impacts and
the impacts on the environment which result from the incremental impact of the
action when added to other past, present or reasonable foreseeable future
actions to be undertaken by the applicant. For the purpose of these
regulations, cumulative impacts include the incremental effects of a sequence of
actions undertaken pursuant to an ongoing program which may have a significant
environmental impact, whereas the individual component actions would not.
Environmental Impact Evaluation shall include:
- A brief summary which
adequately and accurately summarizes the focus and conclusion of the evaluation.
The summary shall include the appropriate E.I.E. contact person, who shall be
the person the Planning and Zoning Commission or its representative any contact
with respect to the contents of the E.I.E.
- A description of the proposed
action, a statement of its purposes and need and a justification for the action.
Major assumptions concerning growth and population used to justify the action
shall be clearly identified.
- A description of the environment of the area
which would be affected by the proposed action, as it currently exists prior to
commencement of the action. This description shall include the cultural,
economic, recreational and ecological characteristics and activities, both in
the immediate location of the proposed action and areas that would be affected
by the action.
- A description and analysis of the reasonable alternatives to
the proposed action, particularly those which might enhance environmental
quality or avoid some or all of the adverse environmental effects. This
discussion shall include, but not be limited to, alternatives such as taking no
action or substituting an action of a significantly different nature which would
provide similar benefits with different environmental impacts.
- A list of the
necessary licenses, permits, certifications or other approvals required to
implement the action from government agencies, boards or commission having
relevant regulatory jurisdiction.
- A discussion of the potential environmental
impact of the proposed action. This discussion shall include:
environmental effects. The primary consequences of the environment during and
subsequent to the activity as set forth in this section with emphasis on the
most significant effects.
- Indirect Environmental Effects. the secondary
consequences for the environment as set forth in this section which result from
changes in the pattern of land use, population density, and related effects on
air and water or other natural resources.
- The relationship of the proposed
action to approved land use plans, policies and controls for the affected areas.
- Any probable adverse environmental effects which could not be avoided if the
proposed action were implemented.
- Any irreversible and irretrievable
commitments of resources which would occur should the proposed action be
implemented. Resources mean materials devoted to the proposed action and the
natural and cultural resources that would be committed to loss of destruction by
- Mitigation measures to the proposed action including: limiting
the degree or magnitude of the action; rectifying by repairing, rehabilitation
or restoring the impacted environment; reducing or eliminating the impact over
time by preservation and maintenance operations; compensating for the impact by
replacing or providing substitute resources or environments.
- The effects of
the proposed activity on energy consumption and energy conservation.
effects of the proposed activity of any and all City services.
- An analysis of
the short term and long term economic, social, and environmental costs and
benefits of the proposed action. A comparison of benefits and costs shall be
made for reasonable alternatives. The comparative analysis shall explicitly
state and evaluate benefits with non-quantifiable benefits and costs as well as quantitative
benefits and costs.
Adopted March 14, 1990