The City Plan Commissioners voted 3 – 1 (with one abstention) to approve a controversial new zoning plan to make neighborhoods on the edges of downtown denser..
The plan now moves to the Legislation Committee of the Board of Aldermen for further debate.
The proposed change, technically called “zoning ordinance text amendments regarding the BD‑1 District” would make it easier for people to build “mixed-use” projects — combining stores, apartments, and offices — in places like the Ninth Square and Chapel West. Those areas fall under a relatively new “BD‑1” zoning designation.
Click here to read details of the plan and objections to it as they unfolded at last month’s City Plan Commission meeting.
Click here to read the city’s arguments for the change as presented in a “road show” last month to various neighborhood management teams.
City officials want to change the rules for BD‑1 zones so people constructing combined commercial-residential projects don’t have to leave as much space in side yards and in front of buildings as they would if they were constructing purely retail spaces. They also want to allow for 30 percent of the parking in such projects to cover just compact cars rather than larger vehicles.
The idea is to allow for denser urban living. Opponents worry the change could destroy the residential character of historic neighborhoods.
At last month’s City Plan Commission meeting, the opposition was outspoken and numerous enough to persuade the commissioners that too much was at stake for a vote without further study. The proposal was tabled.
On Wednesday night, with their laps full of documents and their faces grim, Dwight neighbors Susan Bradford and Patricia Kane (pictured) were the only opponents present. They were hoping for the same result, another tabling. It was not to be.
Bradford, co-owner of 70 Howe Street LLC, is fighting the erection of a 136-unit building, proposed by developer Randy Salvatore adjacent to her property at the corner of Howe and Chapel. She contends the BD‑1 change is motivated in part to expedite that project and is in court appealing Salvatore’s zoning approvals.
Kane is an attorney and founding member of Friends of the Dwight Street Historic District
The Debate: How Political is Zoning?
They asked that the measure, which they contend has a far-reaching impact on city development and the potential to destroy the historic character of Dwight, be tabled again for ongoing study.
City Plan Commissioner Adam Marchand, a Westville alderman, advocated that position, saying that the timing is giving the wrong impression: “We need a fix, but it shouldn’t be enmeshed in the current project [the Salvatore proposal],” he said.
CPC Chair Ed Mattison replied, passionately: “That’s a dangerous way to go.”
A riveting philosophical back-and-forth ensued on just how pure or unpolitical zoning decisions could or should be.
“Any change we make will have impact [on some parties]. Some people benefit, others not. Once you start raising questions [about broad zoning issues being motivated by specific projects], you become part of the political arena. That’s not us,” Mattison argued.
Marchand said he wanted to be on record about the City Plan Department staff report advocating the zone change. He agreed with Mattison that it was professionally done, not motivated by wanting to benefit a particular developer. He still has concerns about the timing of the vote, he said: “It’s not intention but perception.”
“What I appreciate about being part of this body is that people don’t call me up to harangue me,” said Mattison, a former East Rock alderman.
Aldermen have the burden of being targets of special-interest lobbyists, Mattison argued. “We [City Plan] should act in good faith. If the local aldermen want to intervene, let them. That’s why you have local [elected] officials. Not us.”
He then moved approval of the City Plan staff report supporting the change. It passed with Commissioners Mattison, Audrey Tyson, and Roy Smith voting yea, alternate Commisoner Kevin DiAdamo abstaining, and Marchand voting no.
Carolyn Kone, the attorney who represents RMS Chapel LLC, Salvatore’s development company, said she was pleased.
Neighbors Kane and Bradford weren’t.
“Zoning is inherently political. They should have tabled,” said Kane.
“Only Adam [Marchand] knows what’s at stake. If this goes through the aldermen, Randy can go 30 stories. BD‑1 has no limits. You can build to the property line,” said Bradford.
She and Kane vowed to continue the fight at the public hearings before the legislation committee.