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Item 930 Middle Street Special Exception and Industrial Subdivision Application Summary This is a special exception and industrial subdivision application. All application materials can be viewed online at: http://www.middletownplanning.com/PNE.html This property was formerly the site of a major Aetna Insurance Company facility. Originally constructed in 1983, the Aetna facility contained about 1.4 million square feet of floor area, with over 5,000 employees and 4,600 parking spaces. That facility, except for the data center, was vacated in 2010 and demolished in 2011. The special exception application is to allow a trucking company terminal for storage, assembly, distribution, handling or transfer of freight (61.02.30). The proposed trucking terminal is 519,000 square feet with a 15,000 vehicle maintenance building also located on site. Operationally the site is divided into three areas. From Middle Street there is 506 space parking area for employees. This parking lot is a the same elevation as Middle Street. The rest of the property is a much lower elevation, therefore most employees will enter the facility from Middle Street. The “Hub”, as the trucking terminal is called, is the largest section of the property. This area contains 496 parking spaces, mostly for trailer storage, and 350 load docks. All truck traffic will enter and exit via the entrance on Industrial Park Road. The third and the smallest portion of the development is remote tractor storage and automobile parking area located on Industrial Park Road north of the main truck entrance to the “Hub”. This 342 space lot is for parking of employee vehicles and the tractors that haul trailers. The industrial subdivision is to split the 262 acre parcel owned by Aetna and create four new parcels. Three parcels will constitute a 239.5 acre portion for FedEx. The fourth parcel will be 22.5 acres and contain the existing Aetna data center. Current Zoning Requirements Interstate Trade Zone (IT) (25.00)

Requirement Middle Street (FedEx) Middle Street (Aetna)

Lot Area 87,120 sqft. 10,432,620 sqft. 980,100 sqft.

Lot Width (Frontage) 200 feet 1,566 feet 957 feet

Front Yard Setback 75 feet 410 feet 268 feet

Side Yard Setback 20 feet 100 feet 200 feet

Rear Yard Setback 25 feet 100 feet 200 feet

Height 50 feet 47.7 feet

Lot Coverage 40% 5% 8%

Parking Requirements (40.08.21) Warehouse (40.04.11)- One (1) parking space for each two (2) employees plus additional parking for customers. However, no use in this category shall have less than three (3) spaces or less than (1) space for each 1,500 sq. ft. of gross building

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Data Center (40.04.29)- 1 space per employee on the major shift

Requirement Middle Street (FedEx) Middle Street (Aetna)

Warehouse 535 jobs requires 268 parking spaces 533,769 sqft requires 356 parking spaces

1,344 parking spaces

Data Center

Other Special Exception Requirements (Section 44.04)- A Special Exception may be granted when the Commission makes findings on: •Compliance with City Plan- The proposed use is consonant of the Plan of Development for physical development of the City, as embodied in the Zoning Code and in any Master Plan or portion thereof adopted by the Commission. (44.04.01) •Adverse Effects- The Proposed use will not affect adversely the health and safety of residents or workers in the area and will not be detrimental to the use or development of adjacent properties or the general neighborhood."(44.04.02) •Visibility and Accessibility- The proposed use will not preempt frontage on a major highway in such a manner so as to substantially reduce the visibility and accessibility of an interior commercial area zoned or proposed for commercial use which is oriented to the same highway. (44.04.03) •Traffic Movement- The proposed use will not impair the movement of through traffic along the adjoining thoroughfare through congestion and reduction of street capacities or through storage or back up of vehicles in the public right-of-way while awaiting service on the subject site. (44.04.04) •Orderly Development- The proposed use will not result in a fragmentation of the development pattern, thereby creating unnecessary additional points of vehicular conflict with the adjoining highway and adversely affecting the orderly development of surrounding neighborhoods. (44.04.05) •Property Value and Character- The proposed use will not tend to depreciate property values and the character and extent of development of adjoining properties; and (44.04.06) •Parking and Loading- The proposed use will provide off-street parking and loading facilities in accordance with Section 40 of the Zoning Code. (44.04.07) •Compliance with Standards- The proposed use will meet all the standards set forth herein and set forth in Section 44.08 of the Zoning Code for the type of Special Exception being requested. (44.04.08) Wetlands and Floodplain The site is located on Flood Plain Map Panels 0101G, 0102G and 0104G. There is activity within the floodplain to manage stormwater, but all proposed structures are located outside the floodplain. The applicant is looking to provide additional compensatory storage. The map below shows the 100 year floodplain in light green and the 500 year floodplain in orange.

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The site is located on Wetlands Map Sheet number D1, D2, D3, E1, E2 and E3.There are wetlands located on the property. The wetlands are shaded in green in the map below.

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There is activity proposed within the 100 foot regulated area, but no activity proposed within the wetlands. The Inland Wetlands and Watercourses Agency reviewed and approved the proposal at its meeting on July 1, 2015. Discussion and Recommendations This project meets the basic zoning requirements set forth in Section 61.02.30, 25.00 and 40.08.21 of the Zoning Code. City Departments have been reviewing the proposal since March and communicating comments and questions to FedEx’s team. There was an All Departments Review with FedEx, where all the departments and FedEx meet in person to go over the plan in detail on April 15, 2015. Various departments have had one-on-one meetings since to discuss the project as it relates to their department. There are number of areas that warrant further discussion in determining the Commission’s findings as guided by Section 44.04 of the Zoning Code.

Discussion items Page Traffic Impacts 4 Landscaping 9 Protecting Natural Resources 13 Sound 16 Lighting 18

------------------------------------------------------------------------------------------------------------------------------------------- Traffic Impacts The most significant aspect of this proposal will be the possible impact of traffic on existing infrastructure. This is not the first high volume project at this site. The former Aetna facility contained about 1.4 million square feet of floor area, with over 5,000 employees and 4,600 parking spaces. This project will have in an estimated 535 employees and 1,344 parking spaces. As required for large developments, FedEx commissioned a traffic study, to determine the traffic impacts of the proposed development on existing roads. Given that the traffic impacts of this project are the most significant aspect of the proposal, I have requested that a third party review the traffic data and analysis. Given the time constraints for the public hearing, I feel this is the most appropriate path in weighing the traffic implications of the project. The following tables and maps summarize the results of the traffic analysis.

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In reviewing the tables and graphs above, table 4 most clear shows the impact of the proposed

development on traffic. The grading of A through F standard if further explained by the following table.

North American highway Level of Service standards

A free flow

B reasonably free flow

C stable flow, at or near free flow

D approaching unstable flow

E unstable flow, operating at capacity

F forced or breakdown flow

Industrial Park Road and Middle Street directly adjacent to the project site have stable flow or better. The traffic analysis recommends seven (7) steps to main or improve the level of service grade. Moving farther way from the project site, the level of service grades begin to fall lower than a grade C. With the exception of Route 372 at I-91 SB Ramps/ Industrial Park Rd and Industrial Park Rd at Smith St, these lower grades exist currently and are not attributable to the proposed development. The traffic analysis determines that there are at least five (5) actions that should be taken by the City or the State. Staff agrees with this assessment. The reasoning is based on the judgment in Buttermilk Farms, LLC v. Planning and Zoning Commission of the Town Of Plymouth that ruled that Commissions’ do not have the authority to require developers to make improvements to existing City street. The following is taken from the traffic analysis report. Recommended FedEx actions:

1. The proposal must to be submitted to the Office of State Traffic Administration (OSTA) to obtain a Certificate of Operation as a major traffic generator under Section 14-311 of the Connecticut General Statutes.

2. All large trucks should use the I-91 interchange at Route 372 (#21). Trucks oriented towards other regional expressways, I-84, Route 9 and Route 72 could legally use Route 372 to reach the site. While these may be shorter routes, it is recommended that the large trucks stay on the expressway network to avoid mixing with local traffic.

3. Industrial Park Road at proposed Hub driveway – Reactivation of the existing traffic signal would require an inspection of the installation, which has been out of operation for a few years. It is clear that there is at least one traffic signal head missing and perhaps other components have been cannibalized or stolen. It also appears that a traffic signal is not warranted based on the FedEx traffic volume projections and in a preliminary meeting, the Office of State Traffic Administration indicated they would not be supportive of reactivating an unwarranted traffic signal. Maintaining the signal in its current flashing mode may be beneficial to provide advance warning of this significant intersection, the first major access point one sees along Industrial Park Road traveling south from Route 372. The driveway can be reduced from its current three lane exit to two lanes. The former southbound Industrial Park Road southbound right turn lane into Aetna was painted out when Aetna closed. That lane should be reinstated in conjunction with other pavement marking changes, see below.

4. Industrial Park Road at proposed satellite parking lot. The availability of adequate intersection

sight distance, based on truck needs, estimated to be 750’±, is necessary at this location. In

addition, it appears that the curb cut is in the transition area from two southbound Industrial

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Park Road lanes to one. This is an undesirable situation and some pavement marking and signing

adjustments should be made.

5. It is believed that Industrial Park Road once had two southbound travel lanes from Route 372 to

the Aetna driveway. The second southbound lane became the right turn lane into Aetna. With

the closure of the Aetna complex, that second lane was closed and a transition to one lane

made to the north. It is recommended that the two lane southbound arrangement be

reinstated.

6. Route 372 (Mill Street) at Main Street – the existing 100’± long westbound Route 372 left turn

lane should be lengthened to 240’± at this intersection in Berlin. This will require a minor

widening along the northerly side of Route 372. There appears to be sufficient right of way

available for this improvement. An alternative improvement, providing a westbound left turn

phase, could achieve the desired result, sufficient queue storage for left turns.

7. Route 372 (Berlin Road) at I-91 NB ramps – the afternoon peak period eastbound Route 372

(Berlin Road) left turn onto I-91 north is projected to be at LOS “E”, capacity, and the queue

nearing the end of the left turn lane under the build condition at this intersection in Cromwell.

The three other nearby development projects also contribute to this potential problem.

Modification of the traffic signal to reallocate more time to the left turn movement would

nearly replicate the background condition.

Recommended municipal or State agencies actions: 1. Country Club Road at the I-91 NB off ramp (exit #20) - this all-way stop has a projected “E” level

of service during the morning peak period, with left turns from the off-ramp and Middle Street westbound traffic currently nearing capacity. While FedEx has a minimal impact here, the City of Middletown expressed concerns about this intersection as far back as the initial Aetna project. If warranted, a traffic signal could provide benefit during the morning peak period, but much less so during other times.

2. Country Club Road at Middle Street and the I-91 SB on ramp (exit #20) - this all-way stop has a background “E” level of service during both peak periods studied, with westbound Country Club Road or Middle Street at “F”. Significant queuing was observed on Middle Street during the afternoon peak period, and on westbound Country Club Road during the morning period. The City of Middletown expressed concerns about this intersection as far back as the initial Aetna project. If warranted, a traffic signal would provide some level of improvement, but queues would still be substantial. Providing additional travel lanes on Middle Street and westbound Country Club Road (right turn lane) in conjunction with a traffic signal would be more beneficial. A partial 2-lane roundabout could be workable, but right of way acquisition could be necessary. While there is right of way available for geometric improvements (the State owns the property on three of the corners), a pump station in the northeast corner may limit the possibility of improvement.

3. Middle Street at Smith Street - the traffic volumes at this signalized intersection do not suggest a problem, but field observations revealed that the traffic signal is operating very inefficiently, with long queues on Smith Street. The traffic signal is not responsive to traffic volumes, that is, it has no vehicle detection and timing is the same regardless of traffic. This is not an appropriate type of operation for a location such as this.

4. Smith Street at Industrial Park Road - the Industrial Park Road (stop controlled) level of service during the afternoon peak period is projected to go from “D” to “E”, although the increase in

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average delay is only about 4 seconds per vehicle. There will still be sufficient capacity for the movement. As development continues along Industrial Park Road, a minor (3’-4’) widening of Industrial Park Road to provide two lanes approaching Smith Street could prove beneficial.

5. Route 372 (Berlin Road) at Sebethe Drive – the intersection is projected to operate at an overall “E” level of service, with several individual traffic movements at “F” and over capacity under afternoon peak period background conditions. A recently approved 88,000 square foot development project on Sebethe Drive, a dead end road, directly impacts this intersection. Afternoon peak hour traffic volumes on Sebethe Drive alone are expected to reach nearly 1200 vehicles. The FedEx project is projected to have minimal impact on this intersection. This location is controlled jointly with the I-91 SB ramps and Industrial Park Road intersection, 250’± to the east and the complex traffic signal phasing is very difficult to model. The Town of Cromwell should investigate options to provide additional access to Sebethe Drive to relieve the traffic pressure. Other possible improvements include constructing a third eastbound Route 372 through lane from the vicinity of Kirby Road to the intersection. Available right of way would limit the length of this lane to perhaps 175’. Beyond Sebethe Drive it would become the right turn lane at Industrial Park Road. This would limit its effectiveness, but still provide some improvement. A Route 372 westbound right turn lane could be constructed between the I-91 ramps and Sebethe Drive, but might impact the commuter parking lot fronting Route 372.

Landscaping Landscaping is an important component for any development. Landscaping protects property values, provides privacy from visual intrusions, light, dirt, and noise, prevent the erosion of soil, and improve the quality of the environment and attractiveness of the commercial corridor. The FedEx includes a comprehensive landscaping proposal. The landscape plant schedule is below. The following is a summary of the proposed landscaping plan:

Along Middle Street the proposal include 26 street trees spaced approximately 40 feet apart with 30 evergreens grouped in three and fives at regular intervals. An 6 to 8 foot earth berm exists between the street and the parking lot.

The employee parking lot off of Middle Street has 32 proposed parking lot trees.

The proposed property line between FedEx and Aetna’s data center has an 10 foot buffer of evergreen trees running the entire length.

The remote parking lot on Industrial Park Drive has 25 proposed trees in and around the parking lot.

The proposed compensatory storage for the floodplain has another proposed 24 trees. There is no landscaping standard written into the regulations for the IT zone. The City does have

landscaping guidelines that was designed for retail and commercial developments. Middletown’s

guidelines sets a minimum number of points that need to be achieved. Based on this project, the

minimum number of points need was 1,633. The landscaping plan as proposed would earn 1,551 points,

but if the conservation easement discussed in the next section is incorporated then the proposal would

score 2,331 and surpassing Middletown’s landscaping requirements.

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The most important area for landscaping is the section along Middletown Street between the employee

parking lot on Middle Street and the residential homes on Middle Street, as shown below. FedEx is

utilizing the existing 6 to 8 foot berm and planting trees along Middle Street and in the parking.

Staff believes this 450 foot section should have street trees at 25 foot intervals rather than 40 foot

intervals shown on the plan (see landscaping plan section on following page). Staff further believes that

the landscaping street trees and evergreens should be positioned to help shield the five single head

parking lot lamp posts from the four residential homes.

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Protecting Natural Resources This site contains the confluence of the Mattabesset River and the Sawmill Brook. This is a important natural resource and is an area that is recommended for protection. The Mattabesset River Watershed Plan, developed in 2000 to help restore and preserve the environmental health of the Mattabessett River Watershed.

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This plan has 9 goals, two of which are important for this project and are listed below. These look to preserve existing wetlands and to ensure their protection through methods such as conservation easements.

Subdivision regulations also allow the Planning and Zoning Commission to consider dedication of 10% of a tract for open space. The objectives for open space are outlined in 5.17.01

1. Any Open Space areas shown on the Plan of Development should be incorporated into the subdivision layout as open space. When applicable, open spaces should be arranged to link with any adjacent permanently preserved open spaces.

2. Natural features, including but not limited to, viewsheds along roads, rivers, streams, wetlands, flood plains, lakes, aquifers, steep slopes, forested areas and ridgelines should be conserved and enhanced to promote the public health, safety and welfare and provide visual barriers between areas within the development and between adjacent developments;

3. Areas of land for active recreational use should be provided, especially in areas of population concentration;

4. The preservation of prime agricultural soils and historically significant sites should be encourage; 5. Important habitats for fish, wildlife and flora, significant trees and archaeologically significant

sites should be retained; and 6. Natural Drainage ways and natural flood water retention areas should be retained, and the

quality of water bodies should be protected. Furthermore, Section 5.10 allows a conservation easement may be required to be established which creates a buffer area around such watercourse or waterbody or the Commission may require that the buffer be dedicated as open space in accordance with Section 5.17 of these regulations. The

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Commission may approve any alternative plan whereby responsibility for safe maintenance and access to the watercourse is assured. Staff therefore recommends a conservation easement of approximate 19.7 acres to protect

approximately 10% of the area to be subdivided.

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Sound The City of Middletown has an ordinance that governs noise standards, section 206. There are no specific standards setforth in the Middletown Zoning Code, but it is recognized as an important consideration. FedEx has their own standards that exceed the City’s standards for the project.

The following map is taken from the Facility Acoustical Analysis, showing the receptors of any noise eminating from the FedEx site.

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The table above shows the estimated sound levels at the receptors shown in the map above. All receptors will not experience sound above the City’s standards. Dwelling to the north along Middle Street, Division Street and Kirby Road in Cromwell have estimated sound levels above the 47 dBA at night. FedEx is therefore proposing sound barriers to reduce the sound levels to within FedEx’s design goals.

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Lighting Staff have worked with FedEx to refine the lighting plan. There are two section of the Zoning Code that pertaining to lighting, but they do not provide quantifiable standard. 40.03.08 LIGHTING- Adequate lighting shall be provided if the parking facilities are used at night. If the parking facilities abut residential land, the lighting shall be installed and arranged so as not to reflect or cause glare onto the abutting residential land. 55.04(A)(5) Signs and Lighting

1. With the exception of public street lights all outdoor lighting shall be installed in such a manner as to insure the highest level of energy conservation and cost efficiency using the best technology available and be so shielded that the cone of light shall fall, substantially, within the property. Through the use of shielding and limitations upon intensity, all sources of ambient light traveling outward and upward, producing a sky glow shall be reduced to the greatest extent possible without duly interfering with the intent and purpose of the outside lighting in the first instance.

2. Illuminated graphics. illuminated street graphics, in addition to conforming to all other requirements of this section, shall be shielded in such a manner so that no direct source of light is cast into streets or residential properties. Illuminated street graphics shall not interfere with pedestrian or motorist vision. Said illumination shall not be reflective or phosphorescent and shall be in a steady nonfluctuating or nonundulating manner and placed in a manner that will not create a nuisance to other premises and interfere with traffic.

3. Glare. All lighting shall be so hooded or shielded as to reflect the light in such a manner that no illumination source or glare creates a nuisance to any adjoining property or unreasonably interferes with the lawful use and enjoyment of any adjoining property.

Without a quantifiable standard in the zoning code, staff have consulted Crittenden County Regional Planning Commission Outdoor Lighting Manual for Vermont Municipalities, 1996, in order to guide our evaluation of the FedEx plan.

Average footcandles is the average of the measure of light falling on an area. For example, full sun-light is equal to 1,000 footcandles. An overcast day is 100 foot candles. We requested FedEx achieve the following for the zones:

o Zone 1-6 2 fc o Zone 7-8 5 fc o Zone 9 2 fc o Zone 10-11 0.1 fc

Uniformity ratios are to be used as a guide, but the lower the ratio the more uniform light is spread over an area. In reviewing this project we requested FedEx try an achieve an Avg/Min ratio of 4:1.

Color Rendering Index (CRI) is a measure of the amount of color shift that objects undergo which lighted by a light source. CRI values range from 0 to 100. The minimum value we requested FedEx to achieve was a CRI of 70.

Below are the statistics from the original lighting plan and the revised lighting plan. These statistics that summarize the impact of the lighting plan.

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May 8, 2015 Lighting Plan

June 15, 2015 Lighting Plan

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Other Department Comments Health Dept.: Approved, on City water and City Sewer Public Works: Police Dept.: Westfield Fire: Site and building construction will follow State of Connecticut 2012 Fire Codes

as adopted on May 7, 2015. Building plan reviews and inspections will be conducted jointly by the Building Department and Fire Marshal offices. Fire Hydrants shown on the plan need further discussion, some additional and relocations are required. (Lower parking area closest to Industrial Park Road has no fire hydrants is an example.) Emergency vehicle access entering and around the facility is adequate because of the facility’s usage with trucks. Fire Alarm System and Fire Sprinkler System will be an addressable system showing locations and tied directly to Middletown’s Dispatch Center. Key Access boxes will be located on each of the buildings with access keys and information. Any potential blasting on the site will follow the State and Federal Regulation and the permits will be issued every 30 days. All the comments made above can be resolved with the Commission’s approval and doesn’t have to postpone any decision of approval.

Water/Sewer: Capital Region COG: No conflict with regional plans River COG: June meeting was cancelled for lack of quorum. Meeting scheduled July 28th. Staff Recommendation I recommend that the project be approved with two separate motions Motion to approve the Special Exception with the following conditions:

1. That bonds be posted for Erosion and Sedimentation Control, Landscaping, water and sewer improvements and improvements within the City’s right-of-ways.

2. The landscaping across the street from 1001 Middle Street and 1035 Middle Street be supplemented to Street trees every 25 feet and position the trees and evergreens to help shield the five single head parking lot lamp posts.

3. All other Department comments are complied with. Motion to approve the 4 lot resubdivision with the following conditions:

1. That a conservation easement be included on the resubdivision map to be filed with the Town Clerk as recommended by staff

2. All other Department comments are complied with.