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01/17/2023 12:07 PMRecent applications to the Planning and Zoning Commission have led to some resident concerns that a wholesale change to the Town’s zoning regulations is on the horizon. According to several town officials with experience in the matter, no decisions have yet been made on any zoning issues pertaining to the proposed application, and these ongoing discussions regard very specific issues that are extremely narrow in scope.
At the heart of the issue is an application for a “text amendment” that would permit a Planned Development District (PDD) designation for a property at the former Winter Club facility located at 251 Boston Post Road. The applicant is seeking to have the town overlay a PDD on the parcel so that a restaurant can be built, which current zoning does not allow for at that site.
The confusion lies in the fact that if the PDD is approved, it will open the floodgates to wholesale changes to the zoning regulations that would then permit large-scale development of other areas. While it is correct that a “text amendment” to allow for a PDD designation would, in theory, allow other applicants to seek a PDD for other parcels under that same text change, the designation of a PDD is not an approval and does not offer a guarantee to a developer that any particular project will be greenlighted.
According to both Town Planner Erin Mannix and town regulations, a PDD is a very specific and narrow designation that permits an applicant to then begin the application process under the auspices of the text amendment.
The existing PDD regulation states, “Planned Development Districts (PDD) are intended to provide an attractive alternative to the subdivision of land, to diversify Madison’s overall housing portfolio, to encourage open space and economic development by allowing residential, commercial or a mixture of uses in a comprehensively planned setting. The PDD requires sensitivity in design in order to achieve a development that will be complementary to adjacent land uses while advancing Madison’s planning objectives. The provisions of this Section are designed to permit modification of the strict application of the standards and provisions of these Regulations…”
According to the regulations, factors to be considered by the Commission in approving a text amendment and establishment of a PDD include provisions that “are in conformance with the intent of, and the goals and objectives contained in, the Plan of Conservation and Development,” and include, “(h)armony and compatibility of the PDD with surrounding neighborhoods and land use,” and also provide, “(p)rotection of natural and historic resources.”
According to Mannix, the PDD regulations were adopted in June of 2019 and provided the specific opportunity to overlay a floating zone over an existing designation; however, the approval of any PDD is not itself an approval of any given project. Applicants must also apply for all relevant permits and present a master plan and a site plan before any approval for a project would be granted, all in the same manner as any general development proposal.
The current proposal for a text amendment regarding the Winter Club property has been denied twice by the PZC thus far, as members said the amendment was too broad and further streamlining of the proposal was needed.
According to Mannix, there is no discussion of large-scale changes to any zoning regulations, and there is no threat to existing open spaces, parks, or neighborhoods, which are concerns some residents have raised. Mannix also said that there are numerous provisions and limitations involved in any town-owned parcels, including public notice and input, and that no town-owned land can be sold or altered without Board of Selectman approval.
“Zoning issues are complex; this is not an easy thing to comprehend. I can see why people are concerned and confused,” said Mannix. “I appreciate the fact that residents and the Commission are sensitive to the fact that we’re upon an update and rewrite of our Plan of Conservation and Development, which is our Master Plan for the Town. Wanting to take the time to thoroughly go through that process before making any wholesale changes, I support that.”
Mannix added, “A PDD is simply a tool that can be utilized to enhance careful controlled redevelopment.”
Although the Town has previously, and is currently permitted, to sell off certain parcels of town-owned land, of which the now unoccupied school buildings fall under, that is a lengthy process that requires either a town meeting and or a referendum. However, when it comes to open spaces and parks in Madison, these parcels have quite restrictive contractual elements as part of the purchase or donation criteria that essentially forbid any sort of development or sale.
“Look at the process we just went through for the sale of the Island Avenue property or the Academy project,” Mannix said. “That is not something that can ever happen behind closed doors. There is a process set in place by the charter and municipal statutes for town land.”
According to the regulations, several specific mandatory criteria are included in Section 32.3.2 for a site to be eligible for the PDD designation, making for very little wiggle room to existing regulations.
Those provisions include a minimum district size of two acres, and any PDD may only have 10 residential dwelling units per acre. Other provisions are related to a property’s location within the coastal zone and a minimum road frontage of 200 feet on a town or state road. Additionally, parcels can only be considered if is lies within a specific zoning district.
Other provisions of the zoning codes, such as the requirement for public water, in essence, concentrate the discussion on parcels of land that are south of I-95, according to Mannix, as there is an extremely limited public water system north of the highway. These restrictions, by their design, place quite strict limitations on the potential for any development in Madison.
Another development provision that is essential to factor in when discussing zoning is the 8-30g State regulation for affordable housing. This decades-old provision, which has only been utilized by developers in recent years, allows for an applicant to bypass almost all municipal zoning regulations if the proposed plan designates a certain percentage of the project to be designated as “affordable”.
Only clear evidence of a public health or public safety issue can prevent a developer from being approved for a proposal that invokes the 8-30g provision.
Selectman Bruce Wilson said that any developer frustrated with an approval process has the ability to alter their application to fall under the mandates of the 8-30g provision, taking away a municipality’s ability to control the approval process.
“From my perspective, I see the PDD as a tool that the Town and Planning and Zoning Commission can use, in cooperation with developers, to make sure that projects that do move forward are good for Madison. Just as importantly, it doesn’t back developers into a corner where they feel they have to use the 8-30g statute,” said Wilson. “Which forces the Town to lose all control. It (the PDD) doesn’t preordain that any one scenario will happen; it simply provides a road map for the commissioners to work cooperatively with developers and make sure that projects make sense for Madison.”
There will be a hybrid Planning and Zoning meeting held on Thursday, Jan. 19, from 7 to 9 p.m. at the Town Hall Complex and via Zoom.