town of tolland/ 21 tolland green, tolland, connecticut ... · article 2, definitions section 2 ‐...
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MEMO
TO: Planning & Zoning Commission
FROM: Heidi Samokar, AICP, Director of Planning & Development
DATE: June 20, 2018
RE: Zoning Regulation Amendments – Farm Wineries and Breweries
Based on discussions at previous meetings, this memo provides some “starter” amendments to allow farm wineries, breweries and distilleries in the Residential Design District in Tolland. This proposal is based on the following assumptions and earlier input from the Commission:
The Commission’s larger goal for allowing farm wineries, breweries and distilleries is to promote agriculture and business development. A secondary consideration is the desire to allow the sampling and purchase of products and some level of entertainment in a pastoral setting.
The Commission prefers a two tier system with a larger minimum lot size for venues that will offer events and entertainment.
While there should be a requirement that some portion of grapes are grown on‐site, recognize that a similar requirement for breweries might not be practical today.
These uses shall require a Special Permit.
Please note specific section numbering would be added once a final set of regulations is prepared.
TOWN of TOLLAND/ 21 Tolland Green, Tolland, Connecticut 06084
ARTICLE 2, DEFINITIONS
Section 2‐2. Terms Defined.
FARM BREWERY – A brewery located on a farm. See definition for “brewery”.
FARM WINERY, CIDERY – A winery or cidery located on a farm in which wine or cider is manufactured from grapes or fruit grown on the premises and sold. See definition for “winery”.
ARTICLE 5: RESIDENTIAL DESIGN DISTRICT (RDD)
Section 5‐2.B Special Permit Uses
22. Farm winery, farm cidery or farm brewery. See Section 16‐13 for detailed standards.
ARTICLE 16: SPECIAL PROVISIONS
Section 16‐13. Farm winery, farm cidery, and farm brewery.
A. Intent
The intent of these regulations is to support agriculture in Tolland by allowing expanded economic enterprises on farms while ensuring that activities are compatible with residential zones and minimizing potential impacts to nearby residences.
B. Permitted Uses
In addition to the farming operation, the following uses are permitted on the premises of any farm winery or brewery:
Tastings, for free or for a fee.
Tours.
Retail and wholesale sales of the products grown or manufactured on the premises
Retail sales of wine and beer related items, such as glasses, mugs, and items that promote the product. Up to 25% of the items offered for sale (based on quantity) may be items unrelated to the products produced on site. [Does the Commission wish to allow this? Difficult to enforce, but can still set a standard.]
Other uses customary and incidental to a farm.
In addition to the above use, the following uses are allowed by Special Permit on a farm winery or brewery located on a parcel with a minimum lot size of 25 acres:
[Commission discussion needed – allow for all events or just those related to products produced on‐site. May also wish to set size limitations, number of events, etc.]?
Wine or beer events OR
Non wine or beer events
C. Dimensional Requirements
Minimum lot size: 15 acres, except as otherwise required by subsection B.
All buildings, structures and parking related to the winery or brewery operation shall be located at minimum of 100 feet from all property lines.
All refuse areas shall be located a minimum of 100 feet from all property lines.
Areas used for outdoor seating, outdoor tastings and outdoor events shall be located at least 200 feet from all property lines.
[Question for Commission, what if they wish to use an existing structure that does not meet the 100 foot requirement for some activities?]
D. Standards
Requirements for local ingredients:
For a farm brewery, a minimum of 20% of ingredients, excluding water, shall either be grown on the site or grown within a 60 mile radius of the site.
For a farm winery or cidery, an average crop of fruit equal to no less than 25% of the fruit used in the manufacture of the wine or cider shall be grown on the premises. No more than 75% of the fruit used in the wine or cider may be imported. [May need to average over a few years to allow for start‐up and good versus bad years. Need expert input.]
The establishment shall not sell or offer tastings of alcoholic beverages that were not manufactured on the premises.
Unless otherwise restricted by state law, hours open to the public and events are limited to [This is a bit more restrictive than state laws]:
o Sunday, noon to 6 p.m.
o Monday through Wednesday, noon to 8 p.m.
o Thursday through Saturday, noon to 9 p.m.
Additional screening may be required for areas used for outdoor tasting, seating or events in order to reduce disturbances to adjacent residential uses.
There shall be no food preparation on site and food trucks are prohibited. Establishments may permit visitors to bring food.
To the extent practicable, truck deliveries and pick‐ups between 10 p.m. and 6 a.m. should be avoided.
MEMO
TO: Planning & Zoning Commission
FROM: Heidi Samokar, AICP, Director of Planning & Development
DATE: June 20, 2018
RE: Additional Information on Medical Marijuana Dispensaries and Production Facilities
At the May 14 meeting, the Commission asked me to provide additional information on medical marijuana dispensaries and production facilities including:
1. An updated number of patients by county.
2. Locations of existing dispensaries.
3. Locations of existing production facilities.
4. More information on qualified uses of medical marijuana.
The state is currently soliciting applications for additional dispensaries. It is my understanding that they received approximately 75 applications for only 3 to 10 new licenses. It is also my understanding that after they have awarded these new licenses, they may then open the process for new production facilities.
The Economic Development Commission discussed this issue at its June 6 meeting. The Commission supports a continued discussion on this topic and looks forward to learning more.
Patients by County
This information is updated regularly. As of May 13, 2018, here are the latest data on the number of registered patients by county:
Fairfield – 5,380 New Haven – 6,078
Hartford – 6,407 New London – 2,853
Litchfield – 1,585 Tolland – 1,254
Middlesex – 1,562 Windham – 885
TOWN of TOLLAND/ 21 Tolland Green, Tolland, Connecticut 06084
Locations of Existing Dispensaries
Hartford – Located in a retail plaza (92 Weston Street).
Milford (2) – One appears to be in a stand-alone building (255 West River Street) and the other in a multi-tenanted commercial building (318 New Haven Avenue). Milford has had no issues and stated that if you did not know they were there, one would not realize they were there.
Branford – Located in a larger building, appears to be a multi-tenanted office or medical type building (471 East Main Street). I reached out to Branford and they have had no issues with the use and just approved an expansion.
Waterbury – Appears to be in a multi-tenanted industrial type building (237 East Aurora Street).
Bethel – Appears to be in a small stand-alone building (4 Garella Road). Staff noted they have had no issues during the two years the facility has been open.
South Windsor – Located in a retail plaza (75 John Fitch Boulevard). South Windsor staff has indicated there have been no issues related to the business.
Montville – Appears to be in a stand-alone small commercial building (912 Norwich-New London Turnpike). Montville has not had any issues, but they do recommend that the waiting room is large enough so that customers do not have to wait outside.
Bristol – Located in a small stand-alone commercial building (159 East Main Street). According to staff, there have been no issues in the 4 years it has been open.
Locations of Existing Production Facilities
There are currently 4 licensed producers:
Portland – CT Pharmaceutical Solutions
West Haven – Advanced Grow Labs
Simsbury – Curaleaf (they have submitted an application to move to another location in Simsbury as they have outgrown their current facility).
Watertown – Theraplant
Additional Information
For additional information see: http://www.portal.ct.gov/DCP/Medical-Marijuana-Program/Medical-Marijuana-Program. This web page provides information on qualifying conditions and diseases, including cancer, glaucoma, Parkinson’s disease, cystic fibrosis and many others. To qualify, the patient must be a Connecticut resident and go through a registration process.
MEMO
TO: Planning and Zoning Commission
FROM: Heidi Samokar, AICP, Director of Planning & Development
DATE: June 20, 2018
RE: Sign Modification Request: 32 Browns Bridge Road
On May 7, 2018 I received a Zoning Complaint Form regarding a temporary yard sign advertising a business
at 32 Browns Bridge Road. The property, which is located in the Residential Design District, has a permit for
a home occupation for Banner Water. The sign is advertising this home-based business.
Section 19-2.E of the Zoning Regulations allows an approved home occupation to install one sign of up to
four square feet. The permit can be approved by staff. However, Section 19-2.K requires that free-standing
signs have “permanent, durable materials” for the base.
The applicant proposes to continue to use a temporary-style lawn sign. The regulations do not allow for the
modification of the base requirements in K. If the Commission were to allow the lawn style sign, it would
need to modify 19-2.E to allow a different type of sign (e.g., a “portable” sign).
In the past I have granted permits for two home occupations that used lawn-style signs. However, when we
updated these regulations this past year, it became apparent that home occupations in the RDD require
signs with a permanent base. One home-based business that was issued a permit has since installed a
permanent base for the sign. The second business received the permit with the understanding that they
are going to install a sign with permanent base in the near future, but have not yet done so.
TOWN of TOLLAND/ 21 Tolland Green, Tolland, Connecticut 06084
MEMO
TO: Planning and Zoning Commission
FROM: Heidi Samokar, AICP, Director of Planning & Development
DATE: June 20, 2018
RE: Inquiries Regarding Allowing Two-Family Housing Units on Oversized Lots
Since I have been in Tolland, I have been approached twice by home-builders about allowing two-family
housing units on larger lots. Allowing two-family housing units on lots in residential zones that have at least
twice the required acreage (i.e., 4 acres) would allow for slightly lower-cost housing units while maintaining
the overall density.
In both cases I had suggested the interested party approach the Planning and Zoning Commission. I did
mention that since we are starting the update of the Plan of Conservation and Development (POCD), the
Commission may wish to wait to update housing options in the Zoning Regulations until after the POCD is
completed.
TOWN of TOLLAND/ 21 Tolland Green, Tolland, Connecticut 06084
MEMO
TO: Planning and Zoning Commission
FROM: Heidi Samokar, AICP, Director of Planning & Development
DATE: June 20, 2018
RE: P&Z #18-6, Set Public Hearing
The River of Life Church has submitted an application to amend the Zoning Regulations to allow religious
institutions in the Tolland Business Park Zone by Special Permit (see next page). The public hearing must
open within 65 days of the official date of receipt, which was June 11, 2018. I recommend the hearing is
scheduled for July 9, 2018.
Since the Tolland Business Park Zone abuts the Town of Vernon, the application was referred to Vernon and
the Capitol Region Council of Governments.
TOWN of TOLLAND/ 21 Tolland Green, Tolland, Connecticut 06084
MEMO
TO: Planning and Zoning Commission
FROM: Heidi Samokar, AICP, Director of Planning & Development
DATE: June 20, 2018
RE: Change of Use Request – F. Valanti
On May 17, 2018, Fred Valanti of 203 Anthony Road, Tolland submitted a Change in Use or Occupancy
Review Form to staff to allow a medical marijuana dispensary. The application did not identify a location for
the use and the Zoning Regulations do not currently allow medical marijuana dispensaries. Therefore I sent
Mr. Valanti a letter dated May 21, 2018 stating that I am unable to process his request.
Mr. Valanti submitted a follow-up letter dated June 14. I advise that the Commission vote to deny the
Change of Use request for the reasons stated in my May 21 letter. Further, the Commission receives its
power and authority from the Connecticut General Statutes and zoning approvals “run” with the land, not
the person. The statutes do not grant the authority to grant a person an approval for a use that is not tied to
a specific location.
TOWN of TOLLAND/ 21 Tolland Green, Tolland, Connecticut 06084