Redeker, 102314 CTAGO, AGO 2014-6

• Case Date: October 23, 2014
• Court: Connecticut

The Honorable James Redeker AGO 2014-6 No. 2014-006 Connecticut Attorney General Opinions Office of the Attorney General State of Connecticut October 23, 2014          The Honorable James Redeker          Commissioner          Department of Transportation          2800 Berlin Turnpike          Newington, CT06111          Dear Commissioner Redeker:          In your letter of August 4, 2014, you requested our opinion as to whether municipal zoning requirements and approvals apply to transit-oriented development in the City of Stamford under the factual circumstances outlined in your letter. My opinion, for the reasons set forth below, is that the property owned by the State is not subject to the zoning authority of the City of Stamford.          By way of background your letter provides the following information: The General Assembly of the State of Connecticut enacted what is now codified as Conn. Gen. Stat. § I3b-79kk, authorizing the Department of Transportation (DOT) to participate in Transit-Oriented Developments (TODs). "Transit-oriented development" is defined in subsection (a)(4) as follows:

The development of residential, commercial and employment centers within one-half mile or walking distance of public transportation facilities, including rail and bus rapid transit and services, built environment densities and walkable environments, in order to facilitate and encourage the use of those services.

         DOT's authority with regard to TODs is set forth in Subsection (b) and states in relevant part:

Subject to the availability of funds, the commissioner may, with the approval of the secretary, participate in transit-oriented development projects to the extent that such projects result in the development or improvement of public transportation facilities. When the State solicits transit-oriented development proposals, the commissioner shall select the developer or developers through an open, competitive process.

         Pursuant to § 13b-79kk, DOT solicited proposals for a TOD at the Stamford Parking Garage. Currently, parking for the Stamford Rail Station is provided in a 2004-consructed parking garage, which is connected to another parking garage constructed in the 1980s (the Original Garage). In addition to the need to replace the Original Garage, there is a demand for more parking. DOT selected a proposal for a TOD of the Stamford Parking Garage and is currently negotiating with the selected proposer. The proposal includes...