PZC Minutes 09-04-2012 (2)Town of Avon Planning & Zoning Commission
Meeting Minutes for September 0, 2012
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Avon Town Council Chambers
Meetings are open to the public
Municipal Building / One Lake Street
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Call to Order
The meeting was called to order at 5:05pm
It. Roll Call
Commissioners Losa and Green were absent. All other Commissioners were present.
111. Appeal — PUBLIC HEARING
Property Location: Lots 26-28, Block 1, Benchmark at Beaver Creek Subdivision / 910
Nottingham Road, Units N11-12
Applicant Ron Bean, Rooted Hydroponics and Organics / Owner. ARI Mountain Center LLC
Description: An appeal of a Staff decision to deny a business license for retail sales of
indoor plant growing equipment and supplies. The Property is located within the Light
Industrial and Commercial (IC) zone district.
Discussion: Jared Barnes, Town Planner, highlighted the Staff decision and the nature of the
appeal.
Commissioner Prince questioned the size of the unit. Applicant stated it was approximately
4,200 square feet.
Commissioner Anderson asked about Ruggs Bennedict and how that use was approved.
Jared Barnes responded that it was a preexisting use prior to the adoption of the
Development Code.
Mike Pearson, property manager for the Mountain Center building and other commercial
properties in the Town, explained the rationale for locating the business in this location.
Commissioner Minervini spoke to Mr. Pearson's comments related to delivery trucks and
mentioned that other retailers also receive deliveries.
Ron Bean, owner of Rooted Hydroponics and Organics, presented to the Commission. Mr.
Bean explained his business model and how he felt that it fits more with the landscaping
supply/nursery land use designation instead of retail sales.
The Commissioners discussed parking, deliveries vs. on-site purchases, number of
employees, and hours of operation.
Commissioner Anderson felt that the use was in line with the other uses in the zone district
and wholesale in nature. He likened it to nursery or landscaping supply store.
Commissioner Clancy did find the similarity with nursery stores and electrical supply shops,
but struggled with how it fit in with the Development Code.
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Commissioner Prince expressed concern with parking, but wanted to make sure the impacts
were mitigated. Commissioner Prince felt that a SRU could be the appropriate process to
make sure it was a continued compatible use and that any possible impacts could be
addressed at SRU permit renewal.
Commissioner Minervini's opinion was that the use was indeed retail, and until the code is
updated he was in support of staffs opinion.
Commissioner Struve explained his opinion of the use and how it fit in with the adjacent
uses.
Public Comment portion of the meeting was opened.
Mike Dantas, non-resident, did not find any reason to object the application. He thought that
there was no reason to deny someone from walking in and buying the product. Mr. Dantas
did wonder how winter deliveries would work since it was not discussed and he further
stated that the ability to use fork lifts seem to be the reason they are locating in this building.
Public Hearing was closed.
Commissioner Struve found that the fork lift was the differentiating factor in a wholesale
business. He was generally acceptable to the use as long as there were findings to not set
precedence. In response to the SRU idea, he was not in agreement to that burden on the
applicant or the Town.
Action: Commissioner Anderson moved to approve the appeal of the Staff Denial for Rooted
Hydroponics' Business License Application with the following conditions:
1. The landlord work with all future tenants to ensure available on-site parking adjacent to
their units.
And with the following findings:
1. The PZC has determined that Rooted Hydroponics and Organics business use is most
closely related to the retail use, "Nursery, landscaping supply" as allowed in Table 7.24-1,
Use Table;
2. Sufficient parking exists on-site for the proposed business operation.
Commissioner Clancy seconded the motion and it passed with a 4-1 vote.
IV. Major Design and Development Plan
Property Location: Lot 99, Block 1, Wildridge Subdivision / 2310 Old Trail Road
ApplicantMichael Dantas / Owner. Donna Smith
Description: A new duplex residence measuring approximately 5100 square feet of gross
floor area. The proposed structure will be finished with stucco and wood siding and will have
an asphalt roof.
Discussion: Commissioner Minervini disclosed a potential conflict of interest as a
neighboring property owner. The Commissioners discussed the conflict of interest and
Commissioner Minervini left the room for the agenda item.
Jared Barnes, Town Planner, presented the application and its conformance with the Town
Code.
Mike Dantas, prospective buyer, expressed his opinion on the design and its conformance
with the neighborhood.
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Commissioner Prince asked about what type of boulders are being used on this project.
Mike Dantas responded that they would be similar to the Boris house.
Action: Commissioner Prince moved to approve the Major Design and Development Plan
application for Lot 99, Block 1, Wildridge subject to staffs conditions and findings.
Commissioner Anderson seconded the motion and it passed with a 4-0 vote.
W. Other Business
Approval of VAA Final PUD findings of fact
Matt Pielsticker explained the minor changes to the document since the last hearing. He
also discussed the ongoing process and future meetings for the Town Council review.
V. Approval of Meeting Minutes
• August 21, 2012 Meeting Minutes
The amended August 21, 2012 minutes were approved, with Commissioner Clancy
abstaining due to his absence.
• August 27, 2012 Meeting Minutes
Commissioner Clancy moved to approve as amended. All Commissioners were in favor.
VI. Adjourn
The meeting was adjourned at 7:05pm.
APPROVED on this 2n° Day of October, 2012
SIGNED:
ATTEST:
(�D2-'t A
-PliI-St...e, Chair Scott Prince, Secretary
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