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BLUE - indicates text that has been added. GRAY - indicates text that has been deleted. Revised 6/19/02 ELIZABETH
PARK - THE POND HOUSE Preamble: Elizabeth Park is a valuable community recreational resource which draws patrons from the surrounding neighborhoods in Hartford and West Hartford. It is also recognized internationally for its contributions to the horticultural world and draws patrons from far beyond the local community. Furthermore, because Elizabeth Park is owned and operated by the City of Hartford, it cannot be viewed as the property of the taxpayers and residents of West Hartford. Because Elizabeth Park cannot be viewed exclusively as a community or neighborhood resource and because it is not operated by the Town of West Hartford as a municipal park, it is appropriate that the West Hartford zoning ordinances should regulate Elizabeth Park differently from those Town-owned parks in our community which are intended to serve almost exclusively as neighborhood or community resources. The provision of food service within Elizabeth Park is appropriate because the park draws patrons from significant distances and for significant events at which the provision of food is to be expected. Similarly, the availability of meeting facilities can be an appropriate adjunct to the operation of the park as a recreational and horticultural attraction. The cost of maintaining these facilities cannot be ignored, however, and making them available to private groups for a fee may be viewed as the price to be paid for having them at all. Under any circumstances, however, food service and meeting facilities should be limited in a manner which prevents those uses from impairing the main recreational mission of the park as a whole. With the goal of balancing these competing considerations in mind, it is hereby found that the proposed Special Development District (SDD) plan, as approved subject to the conditions set forth below, will be: (a) In harmony with the overall objective of the Comprehensive Plan, as established by the zoning ordinances of the Town of West Hartford. (b) Superior to a plan possible under the regular standards of the zoning ordinances of the Town of West Hartford. (a) In harmony with the actual or permitted development of adjacent properties. 1. Approval of Application The application is hereby approved, subject, however, to the "Conditions of Approval" set forth below. For purposes of these conditions, unless the context of a specific condition otherwise indicates, the following terms shall have the following meanings:
2. Conditions of Approval
Implicit in the approval of the Special Development District is the condition that the premises shall be used only in accordance with the official application materials, plans and associated exhibits related to the application as supplemented or modified by any amended plans and documents or representations submitted during the public hearing process. Any other use shall require the express approval of the Town Council in accordance with the Zoning Ordinances of the Town of West Hartford.
Signage must comply with the Town Zoning Ordinance requirements for design, total sign area and color, and any modification or waiver of sign ordinance requirements shall be further reviewed by the Design Review Advisory Committee prior to approval by the Town Planner. The Applicant is expressly encouraged to utilize a design for all restaurant-related signage which is consistent with the decorative style of signage currently located at the Asylum Avenue entrance to Elizabeth Park. An on-site master sign program for Elizabeth Park as a whole shall be submitted to the Town Planner for approval including entrance and exit directional signs in an integrated uniform program in compliance with Town Ordinances. Traffic control signs shall be permitted provided such signs are approved by the Engineering Division. and devices are located and designed to comply with the Manual of Uniform Traffic Control Devices published and amended from time to time by the U.S. Federal Highway Administration. All signage shall be repaired or replaced as needed.
The Applicant shall provide the Town Planner, from time to time, as necessary, with the name (or title) of a person and a telephone number where that person can be reached or where messages for that person may be left, to act as a liaison between the Town and the Applicant. The identity of the party and the telephone number may be changed from time to time by notice to the Town Planner. If different individuals should be contacted regarding different aspects of operations within the area of the Special Development District, multiple contact people should be designated as necessary.
Solid waste collection shall be the responsibility of the property owner/manager. On-site solid waste containers including recyclable containers and trash compactors shall be maintained and operated in a neat and orderly manner. Such containers shall be enclosed by screen fencing of masonry construction which shall be maintained in a neat, clean and attractive manner. No outside storage of waste materials, cardboard, wood pallets, etc. shall be permitted. On-site trash compactors shall be operated in a neat and orderly manner. The compactor must be installed to provide maximum noise abatement such as motor on the inside of the building and all outside parts concealed by a masonry screen wall. Solid waste collection within the Special Development District shall be permitted between 7:00 a.m. and 6:00 p.m. on weekdays and between 8:00 a.m. and 5:00 p.m. on Saturdays. Solid waste collection shall not be scheduled on a regular basis on Sundays, but shall be permitted between 8:00 a.m. and 5:00 p.m. during holiday periods or in unusual circumstances where necessary to prevent the occurrence of an unsanitary condition.
a. The Restaurant shall be open for the admission of patrons between 11:00 a.m. and 9:00 p.m.
a. The Auditorium shall be open for patron use only between the hours of 8:00 a.m. and 10:00 p.m. on Sunday through Thursday, between the hours of 8:00 a.m. and 11:00 p.m. on Friday and between the hours of 8:00 a.m. and 11:30 p.m. on Saturday. Annually, on New Year's Eve, the Auditorium may remain open until 1:00 a.m. The service of alcoholic beverages shall cease thirty minutes before the closure of the auditorium. The Restaurant use may extend into the Auditorium on the following special event dates annually, on which dates, the operational conditions applicable to the Restaurant shall also be applicable to the Auditorium: Easter Sunday; Mothers' Day; Fathers' Day; Secretaries' Day; New Year's Day; Valentine's Day; a Halloween event; 3 weekdays during Rose Week and one (1) Sunday in December.
Occupancy of the Auditorium shall be limited to a maximum of 200 persons at all times, except as otherwise restricted by Condition 2(E)(4)(a) set forth below. No event shall be scheduled at which more than 200 individuals are expected to attend.
The Auditorium shall be held available for events open to the public on the first Sunday of each month and for a minimum of 100 days each calendar year, inclusive of the first Sunday of each month. The Auditorium shall be available for private rental on not more than 250 days per calendar year. Community or park-related events open to the general public shall not be included in this 250-day computation, notwithstanding that a fee may be charged for setting up and/or cleaning the facility before and/or after such use. No fewer than fifty percent (50%) of the events held in the Auditorium on a semiannual basis shall be open to the public and/or sponsored by government or nonprofit organizations. A three-hour block of time shall be reserved for government, nonprofit or other events open to the public on the first Sunday and the third Tuesday of each month until one week prior to the date in question. In the event that no such event has been scheduled, the block of time shall be made available for any other type of permitted event. If no such event takes place, the unfilled block of time shall be credited toward the 50% computation set forth above. Within 15 days following the end of each calendar half, the Applicant shall provide to the Town a complete listing of all functions held at the Auditorium during that half, including the name of any organization; date and hours of use; facility(ies) used; number of attendees; nature of function (public or private); and status of user (public or private). During all operating hours, except after sunset, when the Auditorium is not scheduled to be used for a private an event, it shall be held open to the public for informal use the doors shall not be locked nor shall any other means be used to preclude public access, except during such periods as are required to undertake routine maintenance and cleaning activities and/or reasonable setup periods preceding scheduled events.
a. The use of the existing patio to the east of the Pond House (the East Patio) as a seasonal outdoor dining area for patrons of the Restaurant is approved. The installation of an awning over the East Patio to permit its continued use during inclement weather is also permitted subject to the requirement that an administrative amendment to the Special Development District be obtained therefor. The installation of tents or other enclosures, intended to extend the duration of the seasonal use of the East Patio is expressly prohibited. The installation of heating appliances or other equipment intended to extend the duration of the seasonal use of the East Patio is expressly prohibited. The duration of "seasonal use" shall be evaluated consistent with the use of outdoor dining facilities at restaurants elsewhere within West Hartford. b. The construction of a snack bar window in the south facade of the Pond House and a patio to the south of the Pond House (the South Patio) only for use by patrons of the snack bar window and by other park patrons is approved. The installation of tents or other enclosures, intended to extend the duration of the seasonal use of the South Patio is expressly prohibited. The installation of heating appliances or other equipment intended to extend the duration of the seasonal use of the South Patio is expressly prohibited. The duration of "seasonal use" shall be evaluated consistent with the use of outdoor dining facilities at restaurants elsewhere within West Hartford. c. The construction of the patio proposed for the north side of the Pond House (the North Patio) is rejected. 4. Parking It is specifically found that the parking arrangements proposed by the Applicant are not satisfactory to meet the permanent needs of the facility. At peak times, the Restaurant use (including the proposed patio dining) and the Auditorium could service 306 patrons, consisting of 44 patrons in the Restaurant, 62 on the patio and 200 in the Auditorium. West Hartford ordinances would require 102 parking spaces for such an occupancy load. While Elizabeth Park, as a whole, contains more than 102 parking spaces, it must be recognized that other park users also compete for these spaces and that many of the parking spaces available throughout the 84 acres of the park are located at a significant distance from the Pond House where their utility in connection with the Pond House is extremely doubtful. Only 19 proposed parking spaces are available within 300 feet of the Pond House and a total of 53 proposed parking spaces are located within 500 feet of the Pond House. In recognition of these concerns, in further recognition of the fact that the Applicant has events scheduled for the near future and in an effort to permit the Applicant to address the parking needs of the Pond House as efficiently as possible, the following conditions are adopted: a. A total of 37 parking spaces shall be established within 300 feet of the Pond House on or before April 2, 2002 as soon as possible following approval but in no case later than April 1, 2003. The East Patio shall not be permitted to open for Restaurant service during the 2002 2003 or subsequent seasons until these parking spaces are properly established and marked. Failure to satisfy this condition will also result in an occupancy limitation of 50 people until such changes as are described in this section are made. b. The Town Planner shall be authorized to act upon an application for administrative amendment to this Special Development District approval should such application be necessary to permit construction of the additional parking facilities described herein. c. Should it be necessary for the Applicant to submit an application to the Plan and Zoning Commission and/or Inland Wetlands and Watercourses Agency to construct these required parking facilities and should such an application be denied, the Applicant may return to this Town Council to request relief from this condition.
Delivery vehicles shall not be permitted on the site prior to 7:00 a.m. or after 6:00 p.m. Delivery vehicles shall be instructed to enter and exit directly to or from Asylum Avenue. Deliveries shall be limited to those goods or supplies needed to service the Restaurant and/or Auditorium uses. The parking of tractor trailers used for the delivery of goods or supplies is restricted to the designated loading areas as indicated on the site plan. The parking of delivery vehicles shall be limited to the time needed for active loading and unloading.
The maintenance plan referred to in Condition E(16) shall contain provisions dealing with snow removal. Specifically the snow removal plan shall call for the removal from required off-street parking areas, and fire lanes of all snow deposits greater than four (4) inches in depth. Accumulated snow which is stored on-site shall be located in a designated snow storage area where such storage will not encroach into or damage required landscaped areas or parking spaces.
Motorized sweeping equipment may be used in Elizabeth Park only between 7:00 a.m. and 6:00 p.m. on Mondays through Saturdays. Sweeping equipment shall not be scheduled for use on Sundays, but shall be permitted between 8:00 a.m. and 5:00 p.m. on Sundays in unusual circumstances where necessary to prevent the occurrence of an unsanitary condition.
During all hours in which Elizabeth Park is open to the public and in which the Pond House is open consistent with these conditions of approval, the restrooms within the Pond House shall be made available for public use, except for those periods of time reasonably necessary to permit maintenance and/or cleaning of those restrooms.
The Applicant shall not use, nor shall it permit the facilities of the Pond House to be used for cooking, preparation, storage, administration or any other aspect of any event to be catered outside the Pond House building. The Applicant may cater up to ten (10) off-site events annually, provided, however that said events shall be limited to those which are sponsored by government or nonprofit organizations.
It is expressly found that the use of alcoholic beverages poses a risk of harm to users of Elizabeth Park. This is particularly true where, as in the case of Elizabeth Park, parking areas are scattered and vehicles travel throughout the park. Further, large gatherings at which alcoholic beverages are served to invited guests require the delivery of greater quantities of alcohol and carry a greater risk of alcohol abuse than do small gatherings of patrons at Restaurants where alcohol is consumed with meals. The extent of the risk of harm to park goers must be weighed carefully against the viability and desirability of the Pond House as a public facility. In furtherance of this finding, the service of all alcoholic beverages wine and/or beer at, or associated with, events in the Auditorium at the Pond House shall be prohibited permitted. Beer service shall be limited to cans or bottles and no keg service will be allowed. The applicant shall be required to pour all alcoholic beverages. No self-service of alcohol by patrons shall be permitted. At least one (1) private security officer shall be provided to patrol the area surrounding the Pond House at each event where alcoholic beverages will be served and where one hundred (100) or more guests are expected to attend Within the last hour of any such event, said security officer shall be stationed to direct traffic out of the park unless needed elsewhere. This condition is intended to prohibit both the sale of alcoholic beverages and their delivery or service to patrons with or without the imposition of a fee. The Applicant may continue to permit patrons of the Restaurant to bring alcoholic beverages with them into the Restaurant for personal consumption with their meals. On or after January 1, 2002, should the Applicant obtain a permit and any and all necessary regulatory approvals for the sale of beer and wine within the Restaurant, such sale of beer and wine shall be permitted and thereupon and thereafter the practice of permitting patrons of the Restaurant to bring alcoholic beverages with them into the Restaurant for personal consumption with their meals shall be prohibited. A "bar only" service consisting of the sale or service of beer and wine to patrons of the Restaurant separate from the table service of meals and alcoholic beverages shall be prohibited.
Should the hours of operation for Elizabeth Park be changed by the City of Hartford, such change shall be communicated to the West Hartford Town Manager not less than 48 hours prior to the effective date of such change.
All uses of the Pond House shall comply strictly with the noise ordinances of the Town of West Hartford. No amplified music, including recorded music or radio broadcasts, shall be permitted in any outdoor area within the Special Development District, including the entrance area and/or any patio area. All exterior doors to the Auditorium shall remain closed when any amplified music is being played therein.
The snack bar window shall be open to the general public during all hours when it is operational and shall not be limited in its use to events being held in the Auditorium or to Restaurant uses.
All conditions of this approval relating to operations and uses of the Pond House shall be provided, in writing, to all parties which seek to rent the Auditorium, and those parties shall acknowledge, in writing, that they understand and accept their obligation to comply with these conditions.
Within 15 days following the end of each calendar quarter, the Town may request that the Applicant shall provide to the Town a complete listing of all functions held at the Auditorium during that quarter, including the name, address and telephone of the any organization/renter and its contact person; date and hours of use; facility(ies) used; number of attendees; nature of function (public or private); and status of user (public or private).
The Applicant shall, prior to the filing of the Special Development District on the Land Records, submit for review and approval by the Town Manager or his designee, an agreement which establishes a yearly maintenance plan for the Special Development District. Said agreement plan shall designate the individuals responsible for establishing maintenance objectives and an ongoing schedule of maintenance activities to ensure the aesthetic quality and cleanliness of the site. The maintenance agreement plan shall include, but not be limited to, a timetable for all required installation and maintenance activities with respect to plantings, landscaping and screening; access driveways, parking area; curbing, sidewalks and berms; lighting; signage, storage, refuse and litter control; building exteriors and other site amenities proposed in the plans. The consolidated management of all on site maintenance is encouraged.
All trees noted to be saved on the landscape plan shall be clearly identified on site prior to the start of construction. If it becomes necessary to remove trees during construction, the Applicant shall plant new trees to replace the removed trees. Trees which die as a result of construction activities shall be replaced. Nothing herein shall prohibit the Applicant from trimming, pruning and otherwise maintaining trees and shrubs following good horticultural practice.
Applicant will maintain all landscaped areas including mowing, weeding and brush removal and be responsible for replacement of plantings where necessary. Screen fencing shall be of masonry construction and shall be maintained free of graffiti.
The exterior parking areas of the premises shall be lit in such a manner as to achieve an average illumination level no greater than approximately 1.5 foot candles. No lighting shall be permitted to direct light to off-site residential properties. Site lighting other than site security lighting shall be extinguished no later than one-half (½) hour following the time of closing and shall remain extinguished until opening hour.
The Applicant will clean catch basins every six (6) months, or sooner, if necessary. Construction-related silt build-up shall be regulated by Town Ordinances, the requirements of IWW Permit (IWW #___), and the requirements of the Town Engineer.
1. A twenty-five percent (25%) performance bond (or other form of surety) acceptable to the Corporation Counsel of the Town of West Hartford should be provided for the following on-site improvements: erosion and sedimentation controls, storm drainage systems, site lighting, parking and traffic improvements and landscaping. No building permit shall be issued until this bond is provided. This performance bond shall remain in full force and effect until all required improvements are completed and installed. Said bond shall be delivered to the Town of West Hartford prior to the commencement of any site work. 2. The Town Planner in consultation with the Town Engineer may approve a reasonable number of partial bond releases as portions of the project are completed. Decisions related to such releases shall be based on standard planning and engineering policies and practices in relation to such releases in similar large scale projects. 3. Before filing a bond with the Town as provided above, the Applicant shall submit to the Town Engineer, for his approval, a cost estimate for all required improvements to be covered by said bond, prepared by a professional civil engineer. The cost estimate shall be based on unit costs established by the Town Engineer. 4. Applicant shall also obtain appropriate liquor liability insurance coverage in the event that a permit to serve beer and wine in the Restaurant is obtained.
All improvements within Elizabeth Park shall be materially completed within 180 days following filing of the final SDD plans except where alternative dates are specified elsewhere herein. The Applicant shall submit to the Town Engineer and Town Planner a detailed construction sequence schedule, including time periods. Detailed construction plans for improvements, including maintenance and protection of traffic and pedestrians, shall be submitted to the Town Engineer and Town Planner prior to the issuance of building permits.
The Applicant shall submit to the Town Planner, for review and approval by the Town Engineer, construction plans certifying that all improvements have been completed to the approved SDD plans. Such certification shall be made by a registered professional engineer.
Final plan submissions and supporting documents shall address the Town Council conditions of approval and shall contain the following revisions:
All mapping and construction plans shall be prepared in electronic format using the Connecticut Geodetic System for inclusion into the Town's Geographical Information System.
Implicit in the SDD approval is the requirement that the record plans and exhibits establish the minimum standard of design and improvement for this project. As specific drawings for the project are prepared, refined and detailed, the filed SDD plans and exhibits shall serve to identify the major standards for the quality of design and improvements. It is expected that detailed site grading and development plans, architectural plans, landscape plans, erosion and sedimentation control plans and other project development details and plans may be prepared and approved under applicable Town ordinances and standards. The Town Planner in cooperation with Town staff, including but not limited to the Fire Department and the Community Services Department, shall coordinate the final review and approval of the project design to insure compatibility and consistency with the Special Development District Plans approved by the Town Council. No building permit shall be issued and construction shall not begin until all appropriate Town Departments have reviewed and approved the plans as submitted to the Town.
If any condition of approval set forth above shall be declared invalid or unconstitutional by the valid judgment or decree of any court, such invalidity or unconstitutionality shall not affect the approval of this application or the remaining conditions set forth herein.
It is found that the Applicant has been engaged in Restaurant and meeting activities at the Pond House without the appropriate zoning approvals since 1999. Furthermore, the Applicant has scheduled private events in the Auditorium into the future. Many of these events, such as wedding receptions, conferences and bar mitzvahs, involve months of planning and coordination of schedules by large numbers of people. The Applicant's failure to obtain the necessary zoning permits does not afford a justification for permitting the Applicant to continue its activities. Conversely, the Applicant's patrons should not be penalized for the Applicant's failure to obtain the necessary permits. In an effort to balance the need for the imposition of these conditions of approval against the harm which might be suffered by innocent patrons who have already entered into rental agreements with the Applicant for events scheduled into the future, the following condition is adopted: The Applicant shall be permitted to honor any rental and/or catering agreements executed before the date of this approval for events scheduled to occur in the Auditorium on or before December 31, 2001. All events occurring in the Auditorium on or after January 1, 2002 shall comply with these conditions of approval. The use of the Restaurant shall comply with these conditions of approval effective on the date following the expiration of the period within which this approval may be appealed or, in the event of such an appeal, upon the conclusion of that appeal, except where specific conditions contain alternative dates.
It is recognized that the City of Hartford is a unique property owner in West Hartford in that it maintains its own police force which may be used to enforce its rules for operations within Elizabeth Park. Despite that fact, however, the approval of this application shall not be construed in any way to require, authorize or permit the City of Hartford to replace the West Hartford Police Department as the primary source of police protection for the portion of Elizabeth Park which is located in West Hartford. The West Hartford Police Department shall respond to calls which it receives for service in the West Hartford portion of Elizabeth Park. The West Hartford Police Department shall take appropriate enforcement action in response to any violations of law which occur within the West Hartford portion of Elizabeth Park. During those hours when the administrative departments of the Town of West Hartford are not open for business, the West Hartford Police Department shall investigate any complaints regarding violations of these conditions of approval and shall provide reports of its investigation to the zoning officials of the Town for further review, investigation and/or enforcement action as necessary. The City of Hartford is encouraged to coordinate its police activities within the West Hartford portion of Elizabeth Park with the West Hartford Police Department. This coordination may include cooperative efforts to enforce City of Hartford park rules and regulations which are not otherwise violations of law for which the West Hartford Police Department may undertake enforcement action. In addition, should the Hartford Police Department receive calls for service to the West Hartford portion of Elizabeth Park, it may coordinate its response to those calls with the West Hartford Police Department, but in all cases where such a call for service is reported to the West Hartford Police Department, West Hartford officers shall respond to investigate. Click here to see the meeting time and date
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