PZC Minutes 122121
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AVON PLANNING AND ZONING COMMISSION
MEETING MINUTES
TUESDAY, DECEMBER 21, 2021
1. CALL TO ORDER AND ROLL CALL
THE VIRTUAL-ONLY MEETING WAS CALLED TO ORDER AT 5:06PM BY CHAIRPERSON BARNES.
A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS PRESENT WERE TREVOR MACALLISTER, JARED
BARNES, DONNA LANG, AND ANTHONY SEKINGER. ALSO PRESENT WERE TOWN MANAGER ERIC HEIL, AND
MATT PIELSTICKER, PLANNING DIRECTOR.
2. APPROVAL OF AGENDA
COMMISSIONER LANG MOTIONED TO APPROVE THE AGENDA. THE MOTION WAS SECONDED BY COMMISSIONER
SEKINGER AND ALL WERE IN FAVOR.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
THERE WERE NONE.
4. BUSINESS ITEMS
4.1. 86 & 95 P OST BOULEVARD / MAJOR D EVELOPMENT PLAN - MCGRADY ACRES ENCLAVE
CONTINUED PUBLIC HEARING – DEVELOPMENT REVIEW OF A TWENTY-FOUR (24) UNIT TOWNHOME
DEVELOPMENT WITH PRIVATE INTERNAL ACCESS DRIVES (PLANNING DIRECTOR MATT PIELSTICKER ).
PUBLIC COMMENTS : BETTE TODD AND GUY ERICKSON COMMENTED ON THE APPLICATION .
ACTION: COMMISSIONER BARNES MOTIONED TO APPROVE THE MAJOR DEVELOPMENT PLAN WITH THE
FOLLOWING FINDINGS AND CONDITIONS :
FINDINGS :
1. THE PROPOSED APPLICATION WAS REVIEWED PURSUANT TO §7.16.080, DEVELOPMENT PLAN,
AND THE DESIGN MEETS THE DEVELOPMENT STANDARDS ESTABLISHED IN THE AVON
DEVELOPMENT CODE;
2. THE APPLICATION IS COMPLETE ;
3. THE APPLICATION PROVIDES SUFFICIENT INFORMATION TO ALLOW TH E PZC TO DETERMINE THAT
THE APPLICATION COMPLIES WITH THE RELEVANT REVIEW CRITERIA ;
4. THE APPLICATION COMPLIES WITH THE GOALS AND POLICIES OF THE AVON COMPREHENSIVE
PLAN;
5. THE DEMAND FOR PUBLIC SERVICES OR INFRASTRUCTURE EXCEEDING CURRENT CAPACITY IS
MITIGATE D BY THE APPLICATION ; AND
6. THE DESIGN RELATES THE DEVELOPMENT TO THE CHARACTER OF THE SURROUNDING
COMMUNITY .
CONDITIONS :
1. ILCS ARE REQUIRED TO CONFIRM BUILDING HEIGHT .
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2. APPROVAL IS CONTINGENT UPON TOWN COUNCIL APPROVAL OF EMPLOYEE HOUSING
MITIGATION PLAN AND MAJOR SUBDIVISION APPLICATION .
THE MOTION WAS SECONDED BY COMMISSIONER SEKINGER . THE MOTION PASSED WITH A 3-1 VOTE,
WITH COMMISSIONER LANG DISSENTING.
4.2. 86 & 95 P OST BOULEVARD / PRELIMINARY SUBDIVISION (MAJOR) – MCGRADY ACRES ENCLAVE
CONTINUED PUBLIC HEARING –PRELIMINARY SUBDIVISION REVIEW AND RECOMMENDATION TO
TOWN C OUNCIL (PLANNING DIRECTOR M ATT PIELSTICKER ).
PUBLIC COMMENTS : KEDAR GURJAR COMMENTED ON THE APPLICATION .
ACTION: COMMISSIONER LANG MOTIONED TO RECOMMEND TOWN COUNCIL APPROVAL , WITH THE
FINDINGS AND RECOMMENDED CONDITIONS AS FOLLOWS :
FINDINGS :
1. THE PROPOSED APPLICATION WAS REVIEWED PURSUANT TO AVON DEVELOPMENT CODE
§7.16.070, SUBDIVISIONS , AND THE APPLICATION IS IN CONFORMANCE WITH THE APPLICABLE
REVIEW CRITERIA;
2. THE APPLICATION IS COMPLETE ;
3. THE APPLICATION PROVIDES SUFFICIENT INFORMATION TO ALL OW THE PZC TO DETERMINE
THAT THE APPLICATION COMPLIES WITH THE RELEVANT REVIEW CRITERIA ;
4. THE APPLICATION COMPLIES WITH THE GOALS AND POLICIES OF THE AVON COMPREHENSIVE
PLAN;
5. PUBLIC NOTIFICATION REQUIREMENTS HAVE BEEN MET , AND THE PUBLIC HEARING WITH PZC
ON DECEMBER 7, 2021 MEETS REQUIREMENTS OF THE A VON DEVELOPMENT CODE; AND
6. THE DEMAND FOR PUBLIC SERVICES OR INFRASTRUCTURE EXCEEDING CURRENT CAPACITY IS
MITIGATED BY THE APPLICATION ;
CONDITIONS :
1. ABILITY TO SERVE FROM ERWSD AND FINAL UTILITY VERIFICATIONS M UST BE INCLUDED WITH
FINAL SUBDIVISION.
2. PUBLIC IMPROVEMENTS AGREEMENT WILL BE PROVIDED AT FINAL SUBDIVISION.
3. EVIDENCE OF HOMEOWNERS ASSOCIATION CREATION AND ONGOING MAINTENANCE
RESPONSIBILITIES WILL BE DEMONSTRATED AT FINAL SUBDIVISION .
4. PARK LAND DEDICATION REQUIREMENTS WILL BE APPROVED BY TOWN COUNCIL.
5. EASEMENT FOR REALIGNED SIDEWALK MUST BE INCORPORATED WITH FINAL SUBDIVISION .
THE MOTION WAS SECONDED BY COMMISSIONER MACALLISTER AND THE MOTION PASSED
UNANIMOUSLY WITH A 4-0 VOTE.
4.3. 420 W. BC BLVD / MINOR DEVELOPMENT PLAN & ALTERNATIVE EQUIVALENT COMPLIANCE - NORTH
HARRY A. NOTTINGHAM PARK RESTROOMS– PUBLIC HEARING –MINOR DEVELOPMENT PLAN FOR
RESTROOM BUILDING PATH AND LANDSCAPING IMPROVEMENTS (PLANNING DIRECTOR MATT
PIELSTICKER AND PEDRO CAMPOS).
PUBLIC COMMENTS : N ONE.
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AEC21008 ACTION : COMMISSIONER MACALLISTER MOTIONED TO APPROVE THE AEC APPLICATION
WITH THE FOLLOWING FINDINGS :
FINDINGS :.
1. THE PROPOSED APPLICATION WAS REVIEWED PURSUANT TO §7.16.120 ALTERNATIVE EQUIVALENT
COMPLIANCE;
2. THE AEC ACHIEVES THE INTENT OF THE ROOF DESIGN STANDARD TO THE SAME OR BETTER
DEGREE THAN THE SUBJECT STANDARD ;
3. THE AEC ACHIEVES THE GOALS AND POLICIES OF THE AVON COMPREHENSIVE PLAN TO THE SAME
OR BETTER DEGREE THAN THE 4:12 ROOF DESIGN STANDARDS;
4. THE AEC RESULTS IN BENEFITS TO THE COMMUNITY BY LIMITING THE REMOVAL OF VEGETATION ,
PROVIDING ADA ACCESS TO THE PARK , AND LOWERING THE PROMINENCE OF THIS SERVICE
BUIL DING; AND
5. BY LIMITING THE HEIGHT OF THE BUILDING AND PROVIDING A DESIGN THAT INCORPORATES LIVING
“GREEN ” APPEARANCE , THE AEC IMPOSES NO GREATER IMPACTS ON ADJACENT PROPERTIES THAN
WOULD OCCUR THROUGH COMPLIANCE WITH THE SPECIFIC REQUIREMENTS OF THE AVON
DEVELOPMENT CODE.
THE MOTION WAS SECONDED BY COMMISSIONER LANG AND THE MOTION PASSED UNANIMOUSLY WITH
4 -0 VOTE.
MNR21039 ACTION: C OMMISSIONER MACALLISTER MOTIONED TO APPROVE THE MINOR
DEVELOPMENT PLAN WITH THE FOLLOWING FINDINGS :
FINDINGS :
1. THE PROPOSED APPLICATION WAS REVIEWED PURSUANT TO §7.16.080, DEVELOPMENT PLAN,
AND THE DESIGN MEETS THE DEVELOPMENT STANDARDS ESTABLISHED IN THE AVON
DEVELOPMENT CODE;
2. THE APPLICATION IS COMPLETE ;
3. THE APPLICATION PROVIDES SUFFICIENT INFORMATION TO ALLOW TH E PZC TO DETERMINE THAT
THE APPLICATION COMPLIES WITH THE RELEVANT REVIEW CRITERIA ;
4. THE APPLICATION COMPLIES WITH THE GOALS AND POLICIES OF THE AVON COMPREHENSIVE
PLAN;
5. THE DEMAND FOR PUBLIC SERVICES OR INFRASTRUCTURE EXCEEDING CURRENT CAPACITY IS
MITIGATE D BY THE APPLICATION ; AND
6. THE DESIGN RELATES THE DEVELOPMENT TO THE EMERGING CHARACTER OF HARRY A.
NOTTINGHAM PARK AND THE SURROUNDING COMMUNITY .
THE MOTION WAS SECONDED BY COMMISSIONER LANG AND THE MOTION PASSED UNANIMOUSLY WITH
A 4-0 VOTE.
4.4. 1 LAKE ST. / MAJOR DEVELOPMENT PLAN IN TOWN CORE & ALTERNATIVE EQUIVALENT COMPLIANCE - EAST HARRY A. NOTTINGHAM PARK IMPROVEMENTS–PUBLIC HEARING – MAJOR DEVELOPMENT PLAN FOR
RESTROOM BUILDING, PARKING, AND ASSOCIATED LANDSCAPING IMPROVEMENTS (PLANNING DIRECTOR
MATT PIELSTICKER AND PEDRO CAMPOS).
PUBLIC COMMENTS : N ONE
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AEC21009 ACTION : COMMISSIONER LANG MOTIONED TO RECOMMEND T OWN COUNCIL APPROVAL OF
THE ALTERNATIVE EQUIVALENT COMPLIANCE
FINDINGS :
1. THE PROPOSED APPLICATION WAS REVIEWED PURSUANT TO §7.16.120 ALTERNATIVE
EQUIVALENT COMPLIANCE;
2. THE AEC ACHIEVES THE INTENT OF THE ROOF DESIGN STANDARD TO THE SAME OR BETTER
DEGREE THAN THE SUBJECT STANDARD ;
3. THE AEC ACHIEVES THE GOALS AND POLICIES OF THE A VON COMPREHENSIVE PLAN TO THE SAME
OR BETTER DEGREE THAN THE 4:12 ROOF DESIGN STANDARDS;
4. THE AEC RESULTS IN BENEFITS TO THE COMMUNITY BY LOWERING THE PROMINENCE OF THIS
SERVICE BUILDING ; AND
5. BY LIMITING THE HEIGHT OF THE BUILDING AND PROVIDING A DESIGN THAT INCORPORATES LIVING
“GREEN ” APPEARANCE, THE AEC IMPOSES FEWER IMPACTS ON ADJACENT PROP ERTIES THAN
WOULD OCCUR THROUGH COMPLIANCE WITH THE 3:12 OR 4:12 REQUIREMENTS OF THE AVON
DEVELOPMENT CODE.
THE MOTION PASSED WAS SECONDED BY C OMMISSIONER SEKINGER AND IT PASSED UNANIMOUSLY
WITH 4 -0 VOTE.
MJR21009 ACTION : COMMISSIONER SEKINGER MOTIONED TO RECOMMEND TOWN COUNCIL
APPROVAL OF THE MAJOR DEVELOPMENT PLAN APPLICATION WITH THE FOLLOWING FINDINGS AND
CONDITIONS:
FINDINGS :
1. THE PROPOSED APPLICATION WAS REVIEWED PURSUANT TO §7.16.120 ALTERNATIVE
EQUIVALENT COMPLIANCE;
2. THE AEC ACHIEVES THE INTENT O F THE ROOF DESIGN STANDARD TO THE SAME OR BETTER
DEGREE THAN THE SUBJECT STANDARD ;
3. THE AEC ACHIEVES THE GOALS AND POLICIES OF THE A VON COMPREHENSIVE PLAN TO THE SAME
OR BETTER DEGREE THAN THE 4:12 ROOF DESIGN STANDARDS;
4. THE AEC RESULTS IN BENEFITS TO THE COMMUNITY BY LOWERING THE PROMINENCE OF THIS
SERVICE BUILDING ; AND
5. BY LIMITING THE HEIGHT OF THE BUILDING AND PROVIDING A DESIGN THAT INCORPORATES LIVING
“GREEN ” APPEARANCE, THE AEC IMPOSES FEWER IMPACTS ON ADJACENT PROPERTIES THAN
WOULD OCCUR THROUGH COMPLIANCE WITH THE 3:12 OR 4:12 REQUIREMENTS OF THE AVON
DEVELOPMENT CODE.
CONDITIONS :
1. IRRIGATION PLAN WITH HYDROZONES WILL BE APPROVED BY STAFF .
2. L IGHTING PLAN WILL BE REVIEWED AND APPROVED BY PZC.
THE MOTION PASSED WAS SECONDED BY C OMMISSIONER MACALLISTER AND IT PASSED UNANIMOUSLY
WITH 4 -0 VOTE.
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5. CONSENT AGENDA
5.1. APPROVAL OF MINUTES FROM OCTOBER 5, 2021 PZC MEETING
5.2. APPROVAL OF RECORD OF DECISION FOR 2841 DRAW SPUR, UNIT 3 FENCE / MNR21034 & AEC21007
5.3. APPROVAL OF RECORD OF DECISION FOR COMMUNITY HOUSING PLAN AMENDMENTS / CPA21001
5.4. APPROVAL OF MINUTES FROM DECEMBER 7, 2021 PZC MEETING
ACTION: COMMISSIONER B ARNES MOTIONED TO APPROVE THE CONSENT A GENDA; SECONDED BY
COMMISSIONER L ANG. THE MOTION PASSED UNANIMOUSLY WITH 4-0 VOTE.
6. STAFF UPDATES
• TRACT Y
• SWIFT G ULCH HOUSING
7. ADJOURN
THE MEETING WAS ADJOURNED AT 7:30 PM.
These meeting minutes are only a summary of the proceedings of the meeting. They are not intended to be
comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most
accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office.
APPROVED:
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Chairperson