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Danbury zoning commission closes hearing on proposal to allow lease paperwork, delivery of leased vehicles in IL-40

Danbury Zoning Commission · June 25, 2024
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Summary

The commission closed public testimony June 25 on a text amendment that would let business/professional offices in the IL‑40 industrial zone execute leases and deliver rented or leased automobiles and trucks; staff advised amending existing special‑exception rules rather than creating a new unrestricted use, and neighbors raised traffic and licensing concerns.

The Danbury Zoning Commission on June 25 closed a continuation of the public hearing on a petition to amend city zoning rules to allow business or professional offices in the IL‑40 industrial zone to execute leases and deliver rented or leased automobiles and trucks.

Attorney Neil Marcus, representing the applicant, told commissioners the change is a clarification of current rules rather than a new use. "My amendment is simply to say, in a business office or a professional office in an IL‑40 zone, you can sign a car lease or rental agreement, pick up the keys, and drive off the car that is allowed to be parked on the site," Marcus said. He described the planned site as about 10 acres near the Danbury post office, and said a typical buildout could include roughly an 80,000‑square‑foot building and an equal‑size parking area.

Why it matters: Planning staff and several commissioners said the petition, as written, could allow the same activities that currently require special‑exception review to occur by right across the entire IL‑40 district. Acting Planning Director Jennifer Emminger said the sale or rental of automobiles and trucks is already allowed in IL‑40 by special exception and listed seven additional requirements in section 6.a.5.g of the zoning regulations—minimum lot area, lot frontage and proximity to an existing licensed dealer, location on a collector or arterial, water and sewer availability, a DMV K‑7 (dealer/repair) license when applicable, and a certificate of location approval. "To lease, you have to have a dealership," Emminger told commissioners, noting staff and the zoning enforcement officer interpret the petition language as potentially authorizing dealership activity without those restrictions.

Neighbors and two city council members spoke in opposition during the public comment period. Resident Oswaldo Chin said the neighborhood does not need more traffic and urged commissioners to protect local quality of life. "I think we don't need any more traffic in here," he said. Councilman Paul Rotello warned that broadening IL‑40 could reduce the city's ability to attract large, higher‑value industry in the future.

Commissioner questions focused on traffic and licensing. Commissioners asked whether a traffic study exists; Marcus said none has been done and that the threshold for triggering a special exception would be more than 500 car trips per day. Commissioner Bennett raised DMV licensing and enforcement concerns and said he was unconvinced the petitioner had provided sufficient operational detail.

What the staff recommended: Emminger urged the applicant to amend section 6.a.5.g (the special‑exception provisions) rather than create a new, unrestricted use that would apply citywide to IL‑40 properties. She said that approach would preserve public‑hearing protections and the additional requirements intended to limit impacts such as traffic and infrastructure wear.

Vote and next steps: The commission voted to close the public hearing rather than decide the petition the same night, citing member‑qualification rules and the need for further review. The chair said the petitioner could withdraw and resubmit with revised language or await a future meeting; no final zoning action was taken June 25. The commission noted the next regular meeting is scheduled for July 23, 2024.

Votes at a glance: The commission approved a motion to accept the June 11 minutes; voted to close the public hearing on the IL‑40 petition; and accepted and referred a separate petition from JM Zelle Partners, LLC (regarding a limited prohibition on auto repair in a Public Water Supply Watershed District) to the planning commission for recommendation.

Reporting notes: Direct quotations and attributions are taken from the June 25 transcript of the Danbury Zoning Commission meeting. The petition text was discussed on the record as "business or professional office for the delivery of rental and or leased automobiles and trucks."