PZC Minutes 011513Town of Avon Planning & Zoning Commission
Meeting Minutes
Tuesday, January 15th, 2013
Avon Town Council Chambers
Meetings are open to the public
Avon Municipal Building / One Lake Street
I. Call to Order (5:OOpm)
The meeting was called to order at 5:00 pm.
II. Roll Call
All Commissioners were present.
III. Conflicts of Interest
Commissioner Anderson had a conflict of interest on Item V and VI.
IV. Additions & Amendments to the Agenda
Second item V was made VI. Item VIII was moved before item V.
V. Code Text Amendment — PUBLIC HEARING
Property Location: N/A
Applicant: Dominic Mauriello, MPG / Owner. Wyndham Vacation Resorts, Inc.
Description: A code text amendment application has been made to amend the
following portions of Title 7, Development Code: Chapter 7.08, Definitions; Section
7.24.040, Table of allowed uses; Table 7.24-1, Table of allowed uses; Section
7.24.050, Use -specific regulations; and, Section 7.24.060, Special review uses. The
proposed modifications will add "Timeshare" as a allowed use and special review use
within various zone districts as well as clarify the use -specific and special review use
regulations that currently exist.
Discussion: Jared Barnes presented the code text amendments. He highlighted the
process of adopting Title 7 and how "timeshare" was removed as an allowed use. He
further explained the similarities of the existing special review use regulations for
"Timeshare" and the proposed language for use -specific regulations and special
review use regulations.
Commissioner Struve asked if this amendment would cover the situations where
companies purchase whole ownership units and sell them as factional fee ownership
units. Jared Barnes responded affirmatively.
Commissioner Struve questioned how this amendment would affect a bed and
breakfast use.
Commissioner Minervini asked if the Town Attorney has reviewed the proposed
language. Jared Barnes responded that he drafted a majority of the language.
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Commissioner Green asked how the Town would find out that a home has been
purchased for fractional fee ownership. Commissioner Prince responded by
discussing the financing aspects and closing aspect that require Town notification.
Commissioner Green asked why "bed and Breakfast" was excluded in the definition for
"timeshare". Jared Barnes responded that it was because it was a separately defined
term.
Commissioner Green asked about the sales buildings for Timeshare West and how
that was approved and if the proposed language would prohibit that.
Commissioner Green asked how a conversion would occur and if the SRU process
would be limiting if the Town imposed a time limit. Jared Barnes responded that likely
the PZC would have to approve the use in perpetuity or a property owner would not
pursue the modification.
Dominic Mauriello, MPG, discussed the presentation stating that he agreed with the
proposed language.
Public Hearing open and closed due to no comments received.
Commissioner Clancy agrees the application cleans up the code.
Commissioner Prince had no comments.
Commissioner Minervini was appreciative that the Town Attorney reviewed the
proposed language and agreed with the provided language. He further commented
that Table 3 should be added to Section 2 of the proposed resolution. He further
stated that the "health and safety" portion of the resolution should be stricken.
Commissioner Struve agreed with the previous comments.
Commissioner Losa had no additional comments.
Commissioner Green had no additional comments.
Action: Commissioner Prince moved to approve Resolution 13-01, with the addition to
reference Table 3. Commissioner Struve seconded the motion and it passed 6-0.
VI. Rezoning & Major Design and Development Plan — PUBLIC HEARING
Property Location: Lot 61, Block 2, BMBC Subdivision / 75 Benchmark Rd
Applicant: OZ Architecture / 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.
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Discussion: Matt Pielsticker stated the agenda item title should include Alternative
Equivalent Compliance (AEC) and discussed the packet provided to the PZC. He
overviewed the changes to the draft motion and highlighted the proposed changes.
Commissioner Minervini asked about the changes in red to the recommendation.
Commissioner Clancy asked about the ongoing dialogue with the Avon Center HOA.
Dominic Mauriello overviewed the previous meeting and the previous exaction.
Commissioner Prince requested additional information on the Right-of-way dedication
and the court invalidation of the PUD approval.
Commissioner Minervini asked about the condition that requires compliance with the
2012 Mall Improvement Plan.
Dominic Mauriello further discussed the information he provided in his memorandum to
the PZC.
Becky Stone, OZ Architecture, discussed the architectural improvements to the
building. She also discussed the material samples.
The Commissioners and Becky Stone discussed the hardy board paneling color and
their application on the building.
Dominic Mauriello also discussed the ongoing discussions with the Avon Center HOA.
He recommended striking conditions 1, 3,and 4 from the recommendation.
Commissioner Minervini asked about the condition 1 and how the previous
correspondence from the applicant stated they would install landscaping west of
Lettuce Shed Lane.
Commissioner Losa questioned the Right -of -Way and encroachments into that
easement.
Public Hearing open and closed due to no comments being received.
Commissioner Losa stated that the entirety of the improvements and maintenance of
Lettuce Shed Lane should be the responsibility of the owner as the LSL ROW is used
for site coverage and landscape area. He further stated that these areas directly
benefit the project further justifying what the owner should install these improvements.
Commissioner Losa commented that the air intake is not in an appropriate location.
He felt the step back requirements have been addressed. He felt the additional stone
was an improvement as well. He was accepting of grade difference between the
parking lot and the sidewalk, but stated it was not an ideal solution. He was also
accepting of materials but would prefer smooth grey board instead of the, stained
board.
Commissioner Struve is in favor of the changes made by the application. He would
like the Council to make the decision on the applicant's participation of improvements
on LSL.
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Commissioner Minervini stated his concerns from the previous review have been
resolved by the proposed modifications. He also commented that the zoning issues
have been addressed in the proper manner and is ready to approve the project. He
agrees with Commissioner Losa's comments on LSL and Main Street language.
Commissioner Prince is supportive of the application and the changes made. He is in
agreement that Council should resolve the improvements to LSL area and that
conditions 1, 3, and 4 should be stricken from the code.
Commissioner Clancy commented staff recommended conditions 3 and 4 could be
stricken, but 1 should be reworded so that Council should decide on maintenance,
installation, etc of the public areas. He further agreed with Commissioner Minervini
and Losa's comment that a note should be added that Main Street could be a future
roadway.
Commissioner Green discussed that the Town Council will review the applications
participation for the area west of LSL. He stated that the PZC should provide a
recommendation to the Town Council on this issue and he would not be in favor of
removing condition 1. He stated that Condition 3 has been addressed by the applicant
with the recent modification. He had concerns about the air intakes and feels a
different location could be an improvement to the project as a whole. He also agrees
that a mock-up should be provided for final material and color approval and that it
should be of a size appropriate to demonstrate what the materials would be like in real
life. He suggested that the condition be expanded upon.
Commissioner Green further agreed with the Staff Recommended additions to the
AEC recommendation.
Commissioner Clancy questioned if the venting issue should be addressed with a
condition. Commissioner Prince responded that there is no location that is good and
when compared to the other areas, this is the best location. Commissioner Clancy
suggested that a condition is an issue to be discussed by Council.
Action: Commissioner Losa moved to approve the Draft Findings of Fact, Record of
Decision and Recommendations with the following conditions:
1. Staff recommended findings and conditions.
2. Striking conditions 3 and 4.
3. Add a condition to relocate the air intake louvers located at the bus stop.
4. Modify condition 2 be maintained by the Town
5. Modify condition 1 to be maintained by Windham.
Commissioner Struve seconded the motion.
Commissioner Minervini suggested that a condition be added that the applicant
acknowledge that Main Street can be motorized. Commissioner Green stated that the
public process and due diligence should address that issue.
Commissioner Prince suggested that the Town Council review the location of the
louvers.
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Dominic Mauriello stated he is opposed to the changes to conditions 1 and 2 and the
addition of condition 8.
The motion passed 5-1.
VII. Approval of Meeting Minutes
• December 18, 2012 Draft Meeting Minutes
Action: Tthe meeting minutes were amended and passed with a 7-0 vote.
VIII. Other Business
• PZC/Town Council Joint Work session
IX. Adjourn
The meeting was adjourned at 7:05 pm.
APPROVED on this 5th Day of February, 2013
SIGNED: TTEST:
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Chris Green, Chair colt Prince, Secretary
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