(dissenting). Although the Sims-bury zoning regulations provided for a B-3 zone, a “designed development district” in the nature of a special use district, none was established in the town until 1966, when the subject property was rezoned from residential to B-3. Furtney v. Zoning Commission, 159 Conn. 585, 598, 271 A.2d 319. The decision to rezone was appealed to this court, and, in the opinion upholding the decision, it was specifically noted that the rezoning was sought in order to build a shopping center. Id., 587. In approving the 1966 zone change, the commission concluded that the change of zone would permit the use of the land for a suitable and appropriate purpose, that it was a safe location, considering traffic, and that “the, shopping center would not pose a traffic hazard.” Id., 600. (Emphasis added.) The commission also pointed out that site approval would be required before a building permit was granted. The shopping center originally proposed was never built. The land changed ownership and the plaintiff, relying on the zone change, sought site approval for construction of a shopping center which differed in some respects from the one originally proposed.
The real issue in this case is whether the subordinate facts which supported the commission’s deci*32sion rezoning the property as B-3 in 1966 are proper subjects for redetermination by the commission later when site approval is sought. In B-3 zones the Simsbury zoning regulations permit all the uses permitted in the B-l and B-2 zones save residences (with an exception for custodians and caretakers), subject to the procedures and requirements contained in special regulations.
The preamble to the special regulations concerning designed development districts states that “the intent of these regulations [is] to permit the development of groups of principal buildings on a single lot or other variance from the specific lot requirement of these regulations only under the strictest control to assure that the intent of these regulations is carried out.” As I observe the site plan reproduced in the plaintiff’s brief it appears that only one building is proposed on one lot. It is true that that building contemplates more than one retail outlet, but, as far as the ordinance is concerned, it is only one building on one lot. However that may be, I would not rest my disagreement on that basis.
The special regulations are confusing in that they contemplate one application for both a change of zone and for site approval, and they do not make clear which portions of the regulations apply to the zoning change decision and which to the site approval decision. The heading “Prerequisite to Commission Approval or Disapproval” is ambiguous in this respect. The nature of the matters to be considered under that heading (see note 2 of the majority opinion) indicates that some are to be considered in connection with the zoning decision, and others in connection with the site plan.
*33The commission gave three reasons for its disapproval of the site plan as stated in the majority opinion. The first reason for disapproval, that no proof of need for the proposed use was established by the applicant, is clearly not applicable to the site plan approval. It would only relate to zone change. At least tacitly, the majority agrees with this, as the opinion does not rely on that ground for affirmance.
The second reason given was as follows: “The neighborhood is clearly residential and the adopted plan of development for Simsbury recommends the maintenance of its residential character. Of the many uses permitted in the B-III zone, a shopping center of the scope proposed with its related traffic activity and after-dark operations, would be the most harmful to the residential character of the neighborhood.” This reason would be sufficient if it related to a zone change, but I am not persuaded that it applies to a site plan.
Insofar as a shopping center involves after-dark operations, the decision that such operations were tolerable in that location was made when the property was rezoned in 1966, as was the decision that the residential neighborhood could tolerate an increase in traffic because of such a shopping center. The commission cites no changes in traffic patterns or roads since 1966. Insofar as the site approval decision may take into account traffic problems, it should be concerned with the details of traffic management: number of parking spaces, placement of entrances and exits, and traffic circulation within the site. It is these technical details to which item (e) of the considerations listed as a “Prerequisite to Commission Approval” speaks: “[tjraffic circulation within the site, location, amount and access to parking, traffic load or possible circulation problems *34on existing streets.” The record is silent as to any circulation problem or congestion on existing streets. The commission’s concern for the residential character of the neighborhood is appropriate when there is an application for a change of zone, but not when approval is sought for a site plan for a use already permitted by the ordinance.
The third reason given was “because of the inherent nature of the location and operation of the proposed development, the Commission was unable to establish any safeguards to protect adjacent property or the neighborhood from the detrimental effect of a shopping center.” Even though the designed development district should be developed “under the strictest control,” once established, as in this case, the district permits business activity as contemplated by the plaintiff, with proper safeguards. The commission did not disapprove the site plan merely because the safeguards proposed by the plaintiff were inadequate. Rather, it disapproved because the commission itself eould not establish what it considered to be adequate safeguards. I do not think that this is proper zoning. If the commission could not establish adequate safeguards it should not have changed the zone in 1966. Once the commission has changed the zone it cannot disapprove a site plan for a permitted use because it does not know what to do.
The Simsbury zoning commission has attempted to reverse its 1966 decision rezoning the subject property, without complying with the formalities necessary to change the zoning of the property. This violates principles of both res adjudicata and due process. I would sustain the appeal.