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PZC Minutes 12-18-2012 (2)Call to Order (5:OOpm) Town of Avon Planning & Zoning Commission Draft Meeting Minutes Tuesday, December 18u, 2012 Avon Town Council Chambers Meetings are open to the public Avon Municipal Building / One Lake Street The Meeting was called to order at 5:06 pm. II. Roll Call All Commissioners were present. III. Additions & Amendments to the Agenda Item VII, Approval of Meeting Minutes, moved before item IV. IV. Temporary Use Permit— PUBLIC HEARING Property Location: Lot 2, Block 1, BMBC Subdivision / 111 Nottingham Rd Applicant. Dominic Mauriello, MPG / Owner. GPI LLC Description: A temporary use permit request for the installation of a gravel temporary parking lot. In addition, the application is proposing to install temporary construction fencing along the eastern property line. The temporary use is requested to continue until the earlier of the start of construction on this lot or May 31, 2013. Discussion: Jared Barnes presented the staff report while outlining the process and proposed improvements. The commissioners asked questions related to the technical aspects of the application. Dominic Mauriello discussed the future project on the subject lots. He also discussed the need for additional parking for contractors during business hours. Commissioner Struve questioned the parking that has occurred on the property in past months. Dominic Mauriello responded that it has occurred by Northside employees and would be remedied by this application. Commissioner Green asked about the future development on the property and how that would impact this temporary use permit. Dominic Mauriello responded that the Temporary Use could be conditioned on the May 31 date or the permit completion. Commissioner Struve stated that a parking issue already occurs on the Northside property and the tenant finish will add to the parking issue and questioned how will this temporary use will help alleviate the issue. Dominic Mauriello stated that is the purpose of the future project on Lots 2 and 3. Commissioner Clancy asked if this lot was for employee parking or construction parking. Dominic Mauriello responded that it was for construction parking only. 11Page Commissioner Anderson asked about the future crosswalk improvements. Justin Hildreth stated that it was not contemplated at this time. Commissioner Losa had no comments. Commissioner Struve stated that he prefers finding a solution prior to a problem arising and thanks the applicant for their effort in this process. He further commented that the applicant has a good track record of development responsiveness. He stated that a future project on these Lots should give thought to a walkway along the front of the lot. He was also not in favor of approving conditions for revegetating so strictly. Commissioner Minervini generally agreed with Commissioner Struve. He also commented that the Town should encourage and support new businesses. Therefore he is supporting the Temporary Use. Commissioner Clancy questioned the requirement for maintenance of the fence and requested a condition of approval be added. He further stated that he supported the proposal. Commissioner Anderson had no further comments. Commissioner Green questioned the revegetation plan and asked if loosening of the soils prior to hydro seeding was included. Staff responded that it was not, but that should be added as a condition of approval. Action: Commissioner Anderson moved to approve the temporary use with the Staff recommended conditions and the following: 4. If no construction activity occurs in 2013, the existing soils should be scarified and revegetated; and, 5. Maintenance of the fence is required throughout the temporary use. Commissioner Struve seconded the motion. Public Comment portion of the item was opened. Public Comment portion of the item was closed. The motion was voted on and passed with a 7-0 vote. V. Rezoning & Major Design and Development Plan — PUBLIC HEARING Property Location: Lot 61, Block 2, BMBC Subdivision 175 Benchmark Rd Applicant OZ Architecture I Owner. Wyndham Vacation Resorts, Inc. Description: A Major Design and Development Plan and Rezoning have been submitted for Lot 61. The proposal consists of 5 stories and 58 timeshare units among other amenities within the building. The property will be accessed off Benchmark Rd and will contain a single sub -grade parking level. This public hearing follows an introductory presentation made at the November 14, 2013 meeting and a continued public hearing at the December 4, 2012 meeting. Discussion: Commissioner Anderson left the room as he had a conflict of interest on this agenda item. Matt Pielsticker discussed the application materials. Matt Pielsticker further discussed the staff report. 21l'age Commissioner Green asked if all of the actions needed to be bundled into a single motion. Matt Pielsticker responded that the draft recommendations and findings of fact separated each item into its own recommendation. He further stated that the PZC should make individual recommendations on each application, but only forward a single recommendation to the Town Council. Commissioner Struve questioned the approval history of the project. Matt Pielsticker overviewed the previous approvals and actions that have occurred on the subject application and property. Commissioner Green asked why the application is now a rezoning to Town Center instead of a PUD. Matt Pielsticker stated that the PUD was amended during the adoption of the Development Code and it restricted the types of relief from standard zone district dimensional standards. He further commented that it would need to be an overlay zone district, which would require this applicant to establish an underlying zone district. He stated that the revisions to the Town Center zone district will allow the applicant enough flexibility to develop this project without the need for a PUD overlay zone district. Commissioner Clancy asked if there was a requirement to act on the application tonight. Matt Pielsticker stated that the PZC was bound by the Development Code which allowed a 35 day review from tonight (or the first public hearing). Scott Wright, Town Finance Director, discussed the financial impacts of this project with the town. He overviewed the Real Estate Transfer Tax (RETT) and Timeshare Amenities Fee (TAF). He further commented on the types of expected revenues for the project. Commissioner Prince overviewed the changes to the staff report, specifically the collection of RETT. He further asked how the county assessor will assess this property. Scott Wright stated he was unsure to how the assessment of this property will occur. Commissioner Struve asked how the Urban Renewal Funds (URA) would be used. Scott Wright discussed the capital improvements that would be a part of the URA funds, for example Lake Street. Commissioner Minervini asked if the Staff would view this application as generally favorable for Town revenues. Scott Wright responded affirmatively. Matt Pielsticker overviewed the attachments to the Staff Report as well as the Staff recommendation. Commissioner Losa questioned if the existing PUD contained any underlying zoning. Matt Pielsticker responded by discussing the history of the zoning. Commissioner Losa asked a follow up question about why the subdivision plat lived on after the PUD was invalidated. Matt Pielsticker stated that the subdivision was not part of the approval ordinance, therefore it lived on after the invalidation. Dominic Mauriello, Mauriello Planning Group, presented the application. He discussed the applicant's desire to keep the Town Center zoning and their desire to clarify the zoning through this rezoning application. 311'agc Dominic Mauriello discussed the modifications to the landscaped plan, highlighting the need for an AEC application for irrigated area. He further discussed the trash removal process and optimal time. Commissioners asked how the proposed building compared to adjacent developed properties. Commissioner Clancy questioned if the fire and life safety would be impacted by the increased parking caused by the valet service parking plan. Becky Stone, Oz Architecture, responded that the fire district would stage on Benchmark Road and within the transportation center. Dominic Mauriello discussed the remaining portions of the design highlighting the limited changes. Becky Stone discussed the architecture of the building. Commissioner Minervini asked about the location of the stone on the north elevation as compared to the courtyard elevations. Commissioner Losa asked about the materiality of the metal roof. Becky Stone stated it was a standing seam metal. Commissioner Prince asked about the application of the stucco. Dominic Mauriello discussed the compliance with zoning and the master planning documents, including the Comprehensive Plan and the West Town Center District Investment Plan (WTCDIP). Commissioner Prince asked about the percentage of stucco to the other exterior materials. Becky Stone stated she was not sure of the specific percentage, but stated it was approximately 20-30%. Commissioner Green questioned the location of the requirement for discouraging stucco. Dominic Mauriello discussed the neighboring properties use of stucco. Commissioner Losa asked if rooms are available could a person off the street purchase a nightly room rate. Dominic Mauriello stated that was the case and it would be subject to an accommodation tax. The Public Comment portion of the hearing was opened Eben Clark, Johnson and Repucci, representing the Residential Homeowners of Avon Center discussed the letter he prepared that was provided in the Staff Report. He further commented that there is no case law, charter, or code language that allows for a public body to approve a project that allows for the inclusion of the Benchmark Court ROW and transportation easement for the purposes of calculating zoning standards. He also discussed the differences between Town Center and a PUD zoning. He honed in on the public benefit criteria and the adaptability of the project with the lot it is located on. Eben Clark also presented the employee housing mitigation and the lack of compliance by utilizing the above mention town properties for zoning calculations. He discussed the lack of installation of retail spaces on the ground floor. Eben Clark also discussed the impacts of the mixed-use reductions on neighboring properties and he felt there was not a mix of uses and therefore should not be granted the reduction. 4113agc Commissioner Green stated that the lack of parking on the subject property and its impact on adjacent properties. Commissioner Prince wanted to know what are the core issues for the Avon Center Homeowners. Eben Clark stated that the Avon Center Homeowners Association wants compliance with the code or a PUD process that would allow variances from the code for a public benefit. Commissioner Prince questioned if their desire was about the providing of public benefits. Dominic Mauriello requested to respond to the public input. He discussed the only item that the PUD allows relief from is density. He further commented on each item within the public input provided by Eben Clark. The Public Comment portion of the meeting was closed. Commissioner Prince asked if the lounge was available to the public. Dominic Mauriello stated it would not be available for public use. Commissioner Clancy stated that the technical aspects of the application may need further discussion at a future meeting. He stated that the architecture of the building is of the level he is expecting and that minimal changes should be necessary. He stated that the parking is provided for, but he felt there would likely be scenarios where there may not be sufficient parking but those would be isolated incidents. Commissioner Prince stated that the architecture is of a quality level and he is amenable to recommending approval of the design of the building. He agreed with the parking plan. He also commented that current market conditions do not warrant an increase in commercial space on the ground floor. He is in favor of recommending this item be moved to the Town Council. Commissioner Minervini generally favors the project and agrees with most of Commissioner Clancy's comments. The zoning aspects of the proposal could warrant the need for additional meetings. He suggested additional comments from the Town Attorney regarding the zoning. Commissioner Struve agreed with Commissioner Prince's comments. He did state that he would prefer additional comments from the commercial aspects of the Avon Center building. He stated that he believe Eric Heil needs to help the Town Council further understand the zoning, not the PZC. Commissioner Losa agreed with Commissioner Prince's comments. He stated that he is in agreement with Staffs opinion of the need for underlying zoning and supports Town Center zoning. He stated that the applicant followed the letter of the code, but that the code may be flawed. He also stated that the entire property is a commercial use and since a person can book a room off the street. He discussed the AEC request for the irrigation waiver and wanted to follow the direction of the Landscape Architect. He questioned the quality of the interface between the ground and the sales office. He stated that the part-cochere parking deck should be of the same level as the bus stop sidewalk. He also questioned the venting facing the transportation center. He stated that the gable facing Avon Road was not substantial enough. He suggested that the grey fiber-cementicous board should be stained to better mimic wood. He also stated that the landscaping west of LSL should be installed by the applicant if it is going to count towards required area. He also suggested that the 51 Paae path and landscaping on Main Street be installed by the applicant since the Town has already installed half of the sidewalks for the property. Commissioner Green discussed the need for a special meeting to allow for the applicant to address some of these concerns so that a complete package can be forwarded to the Council. Commissioner Green stated that he needs to be more comfortable with the AEC requests since they are intended to be of an equal or better design. He commented that the northwest comer of the building needs a greater attention to detail. Commissioner Prince stated that he believe tabling the application will further delay a project that will have minimal impact on design if the applicant will address these issues at all. Action: Commissioner Minervini tabled to January 15, 2013. Commission Clancy seconded the motion and it failed 3-0. Commissioner Prince moved to recommend to the Town Council Staffs recommended conditions and findings as listed in the Draft Record of Decision, Findings of Fact and Recommendation, as well as: 1. The zoning be clarified by the Town Attorney; and, 2. The Southwest and Northwest corners of the building be addressed by Town Council pursuant to Commissioner Losa and Green's comments. Commissioner Struve seconded the motion. Commissioner Clancy questioned if LSL landscaping and Main Street should be included in the recommendation. Commissioner Struve agreed to the added condition. Commissioner Prince questioned if Staff was comfortable with the conditions. Commissioner Green wanted additional findings of how the lack of stepbacks meet the AEC requirements outlined in the Development Code. Commissioner Prince stated the railings, overhangs and general architecture of the building meet the review criteria. The motion failed with a 3-3 vote and was withdrawn. Dominic Mauriello requested that the item be continued to the January 15, 2013 meeting. Commissioner Clancy moved to continue the public hearing to the January 15, 2013 meeting. Commissioner Struve seconded the motion and it passed 7-0. Commissioner Minervini requested that the Town Attorney provide final comments on the zoning of the property. Commissioner Clancy provided more comments on the architecture and commented that the building stepping is important and findings are important if that issue is approved through an AEC. He further stated that he was accepting of the AEC for irrigated area. He further commented that he generally agreed with Commissioner Losa's comments. Commissioner Struve wanted clarification on the use table and requested that clear information be presented to confirm that residential uses are not zoned by type of ownership. Commissioner Losa further clarified his comments on the ventilation being removed from SW corner under balcony and retail frontage on street. He also commented that the northwest corner is a tall mass and needs additional relief. 6 1 P a a e Commissioner Green provided recommended mitigating factors for AEC approval with regard to lack of stepbacks. VII. Approval of Meeting Minutes • December 14, 2012 Draft Meeting Minutes Action: Commissioner Prince moved to approve the meeting minutes as amended. Commissioner Struve seconded the motion and it passed 7-0. VIII. Other Business • PZC/Town Council Updates IX. Adjourn The meeting was adjourned at 9:56 pm. APPROVED on this 15th Day of January, 2013 SIGNED: Chris Green, Chair ATTEST: aVVz---- Scott Prince, Secretary 71 Page