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PZC Minutes JAN 25, 2011
The Planning and Zoning Commission of the Town of Avon held a meeting at the Avon Town Hall on Tuesday January 25, 2011.  Present were Duane Starr, Chairman, Douglas Thompson. Vice-Chairman/Secretary, Carol Griffin, Linda Keith, Marianne Clark and Alternates Elaine Primeau, Donald Bonner, and Christian Gackstatter.  Mrs. Primeau and Mr. Bonner sat for the meeting.  Absent were David Cappello and Edward Whalen.  Also present was Steven Kushner, Director of Planning and Community Development.

Mr. Starr called the meeting to order at 7:30 pm.

APPROVAL OF MINUTES

Mrs. Griffin motioned to approve the January 11, 2011, meeting minutes, as submitted.  The motion, seconded by Ms. Keith, received unanimous approval.

OUTSTANDING APPLICATION

App. #4519 -   Nod Brook LLC, owner, Midwood Management Corp, applicant, request for Site Plan Approval to construct new retail building and expand parking lot with modifications to traffic circulation, Nod Brook Mall, 287 and 315 West Main Street, Parcels 4540287 and 4540315, in a CR Zone.  

Discussion continued from January 11.

Present were Kevin Cornell, Midwood Management Corporation, and David Carson, OCC Group, Inc.  

Mr. Cornell stated that the project team has had several meetings with the State Traffic Commission (STC) and while several changes have been made to the plans, another meeting with the STC is planned for this coming week as there are still outstanding issues.  He noted that the most recent plan changes address the STC’s concerns about the exiting traffic from The Fresh Market merging with the incoming traffic from Route 44.  Mr. Cornell noted that the site lighting has been modified in response to the Staff’s concerns; the decorative fixtures will be installed along the edge of the parking adjacent to Route 44.  He added that the landscaping will be modified to accommodate the lighting changes.  

Mr. Carson explained that brick pavers have been integrated at the crosswalks from Route 44 into the main plaza.  He noted that a brick crosswalk has also been added to the walkway that leads to The Fresh Market.  

Mr. Cornell noted that additional crosswalks from Marshalls may be added as a result of comments from Town Staff and/or the STC but added that, unfortunately, pedestrians don’t always take advantage of crosswalks.  Mr. Cornell addressed the proposed conditions of approval and requested that that the word “reasonably” be added to the last sentence in Condition #1.  The last sentence would read, “.....the applicant shall be responsible for completing all reasonably required improvements.  The Commission conveyed their understanding.  

Mr. Kushner pointed out that the most recent plan modifications were done in response to comments from both the Town and the State but noted that the Department of Transportation (DOT) has not yet approved the current plan.  He explained that the applicant is asking for an approval tonight so an approval from the State Traffic Commission (STC) can be requested.  He further explained that it is likely that the STC may require some slight modifications to the most current plan before they approve it.  He noted that the STC will not grant approval until local approval has been received.  

Mr. Bonner asked what modifications the STC would ask for.  Mr. Cornell explained that while the DOT is primarily concerned with moving cars from Point A to Point B, a parking lot has other factors that must be considered (i.e., pedestrian traffic, internal left-hand turns).  He noted that the DOT could ask that certain traffic movements internal to the site be closed or changed.  Mr. Cornell commented that he believes that such a request could be accommodated by rearranging the islands without changing any parking counts.  He added that if too many north/south exit points were closed, the main drive aisle would be duplicated and all the traffic would end up in one area and cause a parking problem.  Mr. Cornell communicated that the project team would like to have the current plan approved by the DOT/STC.  

Mr. Kushner commented that notwithstanding the STC’s authority, consideration has been given to ask the Town Manager to write a cordial letter to the DOT to ask them to concentrate on their primary concern/charge, which is traffic movement on Route 44 and not the internal movements of the shopping center.  

Mr. Starr agreed that the STC’s primary concern should be that the entrance is queuing traffic back onto Route 44 properly.  Mr. Kushner concurred.  

Ms. Keith commented that she feels the changes to the plan result in much better traffic flow.  She noted her concern that motorists may try to turn left between parking bay 3 and bay 4 but added that signage will be in place to discourage that movement.  Mr. Carson concurred.

Mr. Cornell concluded that the STC has indicated that they don’t believe that the right-hand turn into The Fresh Market (from Route 44) is decisive enough.  Mr. Cornell noted that it is the applicant’s viewpoint that a gentler movement to the right is preferable to a sharp right turn.

There was no further input for App. #4519.

Mrs. Griffin motioned to approve App. #4519 subject to the following conditions:

1.      As offered by the applicant, in a letter dated January 5, 2011, the applicant shall prepare a traffic study one year, or sooner, from the date of issuance of the Certificate of Occupancy and shall submit the same to the Planning and Zoning Commission and their staff for the Commission’s determination as to whether additional measures are required to mitigate any negative impacts with respect to vehicular and pedestrian traffic.  If the Commission determines that additional improvements relating to vehicle circulation, safety and signage are required, the applicant shall be responsible for completing all reasonably required improvements.    

2.      Any modifications to these plans, as required by the State Department of Transportation (DOT) and or State Traffic Commission (STC) will require additional review and approval by the Planning and Zoning Commission.
3.      Applicant shall work with Town Staff in developing a final plan for traffic control signage.

4.      Deliveries shall be received by the Fresh Market only between the hours of 6 am and 9 pm.  Signs shall be posted instructing drivers of delivery vehicles to park to the rear of the main building (Marshalls/Michaels) should they arrive at times outside of these hours.  All store managers shall be instructed and shall have the obligation to notify drivers, and/or the companies who employ them, of these rules if they are known to be waiting at the loading dock prior to 6 am or after 9 pm.  

5.      The final location for the concrete sidewalk to be constructed from the entrance drive to the westerly boundary line parallel to Route 44 shall be determined with Town Staff.  In addition, plans shall be highlighted defining an area for an easement to be granted to the Town for future sidewalk construction from the entrance drive running parallel to Route 44 to the eastern boundary line with the Rotondo property (275/279 West Main).  

6.      Notes shall be added to the site plan indicating that the proposed location for the future driveway connection connecting with property to the west may be altered in the future with the consent of both the applicant and the Commission depending on various redevelopment scenarios for commercial-zoned property along Bailey Road, which abuts this parcel.

7.      Final site lighting details to be approved by Town Staff.  All “shoe-box” style fixtures shall be full cutoff.  

8.      Applicant shall work with the State Department of Transportation (DOT) to obtain permission to construct a handicapped-accessible ramp transitioning the new concrete sidewalk to Route 44.  In addition, the applicant shall work with the State to make whatever adjustments may be required for the existing pedestrian buttons located on the traffic light signal pole on both the north and south sides of Route 44 and add a striped crosswalk on Route 44 meeting State specifications to better facilitate a safe crossing for pedestrians between the north and south sides of the highway.

9.      Provide brick paver crosswalk detail.

10.     Applicant shall utilize integral concrete curbing, as shown on detail sheet for all curbs to be constructed in association with these improvements.

11.     Applicant shall provide a maintenance plan for all planted areas including, but not limited to, weeding, mulching, fertilizing, and watering, with added detail for how ornamental plants and grass will be maintained on the landscaped entrance islands.  In addition, applicants shall provide evidence of a one-year warranty for all plant materials.
               
The motion, seconded by Mrs. Clark, received unanimous approval.    

OTHER BUSINESS

Ensign Bickford - Presentation of concept master plan for proposed Mixed-Use Overlay District for Avon Center  

Present were Gus Jasminski and Andy DiFatta, Ensign Bickford Realty Corporation, and Bob Stevens, Stevens Land Architecture.  

Mr. Jasminski explained that changes to the Zoning Regulations must be adopted before any applications for Avon Center can be submitted.  He noted that once the new regulations are in place, Ensign Bickford would submit a master plan (SE-MUD) which contains a variety of aspects.  He displayed a map of the area and noted that Ensign Bickford owns 97 acres in Avon Park North which has been broken down into 10 Village Design Districts.  Each District has its own distinct character, density and special features.  Mr. Jasminski clarified that tonight’s information does not include specific site plans, traffic issues, or other details but rather examines the overall planning possibilities that exist.  He acknowledged that the subject area is only a piece of the entire Town Center, which also includes Riverdale Farms and Old Avon Village.  

Mr. Jasminski pointed out the first Village Design District area, which includes the existing Marriott Hotel area, and noted that a new retail component is proposed.  He noted that the intent is to create a main street that runs parallel to Route 44; an area where the traffic will move at a much slower pace (i.e., 20 to 25 mph) with on street parking and crosswalks.  The area is approximately 6.5 acres in size; the Town Green and the existing nearby retail shopping area would be part of this District.  He noted that there is room for some smaller retail buildings and added that the area could support a larger building (maybe 2 to 3 stories), as it would be located near the Avon Congregational Church and the Marriott Hotel.  

Mr. Jasminski explained that the second Village Design District is called the existing brownstones (i.e., the arts center and existing historical brownstone buildings).  The new main street theme will be continued here but the area will not really change except for the possible removal of one or two small buildings that may have to come down for new road construction; the character and the density of this area is not expected to change.  He noted it will remain primarily an office park.  

Mr. Jasminski addressed the third proposed District and noted that it is approximately 13 acres in size and possesses some grade changes.  The proposed buildings have been designed to be two-stories; one story facing the retail shops and one story facing the opposite direction as a transition.  Some type of anchor building/tenant is proposed as a lure for the retail component; this District will also be close to the proposed main street theme.  Mr. Jasminski commented that “The Fresh Market” grocer would have been an excellent anchor for this area.  

In response to Mr. Starr’s question, Mr. Jasminski stated that the anchor building is proposed to be a 20,000 to 25,000-square-foot footprint.  He clarified that big-box type stores (i.e., Target) are not proposed.  He commented that the hope is that some residential units can be incorporated above the retail.  He noted that residential above retail can sometimes be difficult, as it requires individuals who like living in a more active environment; the target groups would be young single people and individuals in transition.  Ms. Keith commented that towns like Winsted and Torrington have main street areas with apartments above retail uses.  Mr. Jasminski concurred.    

Mr. Starr commented that Blue Back Square in West Hartford does not have buildings that offer residential over retail uses.  Ms. Keith concurred and added that she doesn’t want to see a replication of Blue Back Square and noted her preference for the main street areas in Torrington and Winsted.  Mr. Jasminski noted his understanding.   

Mr. Jasminski reviewed the fourth proposed District and explained that it appears that the Capitol Region Education Council (CREC) is no longer interested in this site, as they are looking more closely at 59 Waterville Road.  He noted that Ensign Bickford thought the CREC School would be a good anchor tenant while providing a good draw for the nearby retail component.  He explained that a good anchor is needed in this area to draw people off of Route 44; a medical office building would be a good choice.  

Mr. Jasminski addressed the next proposed District and noted that medium to high density residential is proposed.  He noted that there is an 80-foot grade change in this area which works very well for smaller, residential-style buildings.  This area would offer views of the Heublein Tower and is also noted in the 2006 Plan of Conservation and Development as an area targeted for higher density housing.

Mr. Starr commented that proposed residential in this area could be either rental or owned depending on the market.  Mr. Jasminski concurred.

Mr. Jasminski continued and explained that the proposed housing would not be traditionally designed with young children in mind, as there would not be any play areas.  Smaller apartments/condos for young single adults, empty nesters, individuals in transition, and snow birds are proposed.  

Mr. Jasminski addressed the next proposed District and noted that due to the sloped nature of the area, narrow buildings close to the road with on street parking is proposed; this area is viewed as a central feature of the entire master plan development.  He noted that the green shown on the drawing represents the sloped area.  The proposed buildings could be 2 to 3 stories and house a variety of mixed uses such as dental offices, hair salons, and accountants with either offices or residential on the second and/or third floor.  He noted that the very large existing oak tree will be preserved as a focus to add to the “downtown feel” of the area.  Mr. Jasminski explained that many motorists during the morning commute travel at a high rate of speed on Climax Road.  He commented that the addition of on street parking and crosswalks should slow motorists down and also change the traffic patterns.  

Mr. Jasminski moved onto the next proposed District and noted that the area is quite flat with some nearby wetlands.  He noted that residential uses are proposed for this area but it could also be a good fit for a large medical use, as the area is located close to Hartford Hospital’s Oncology Center.  He explained that different uses are targeted for different areas because as the development progresses and things change over time, flexibility will be needed.  

Ms. Keith asked whether an assisted living use has been considered.  Mr. Jasminski stated that a continuing care facility has been looking in the area but explained that 40 to 50 acres is needed.  He noted that it’s a huge program that requires tremendous funding.  Ms. Keith commented that she would like to see this option kept open, as there are some programs that don’t require that much land.  Mr. Jasminski acknowledged that consideration for an assisted living /independent care facility will be kept open.  

Mr. Jasminski discussed the next proposed District noting that it is located along Route 10 and is a very narrow strip that drops off into wetlands.  This area has been targeted for restaurants, banks, and offices.  He noted that it would be beneficial to have restaurants near the Marriott Hotel; a patio setup overlooking the adjacent water feature would also be attractive.  

Mr. Starr commented that he would like to see the area long Route 10 used more for entertainment and/or restaurants and less for banks.

Mr. Jasminski moved onto the next proposed District noting that it is 14 acres in size and much of it is covered by wetlands; the intent is to preserve the trees.  He explained that this area used to be an ice cutting area and added that it has a lot of potential.  He commented that while Ensign Bickford would like to revive some of the old traditions in this area, some assistance and/or cooperation from the Town will be required due to the large area of wetlands.  He noted that a pedestrian access would also be investigated, as the area is located close to Sperry Park.  Reinforcing the bike trail and adding a park area where people could rest would also be appealing.  Mr. Jasminski reiterated that the area has a lot of potential but noted that getting approvals for activities near wetlands can be difficult at both the State and local level.

In response to Mrs. Griffin’s question concerning Rails to Trails, Mr. Jasminski explained that the existing bike path that currently runs through the Park will remain but paths may be added in other areas, such as the retail areas, to provide multiple paths.  Sidewalks would also be available.  Mrs. Griffin commented that she feels there should be a way for people to utilize the bike path without having to go through all the development in the Town Center but added that there should be a way for people to get off the trail/path if they decide to patron one of the shops.  Mr. Jasminski explained that while it is hoped that individuals would experience some of the new trails that are proposed, they would have the option of riding through the Park on the Rails to Trails that exist today.  

Mr. Bonner commented that Avon is boring and needs an attraction to bring people in from other areas.  He suggested that an entertainment feature of some kind (i.e., Infinity Hall in Norfolk and The Performing Arts Center at Simsbury Meadows) could be located on the site on Climax Road where, at one time, the CREC School was being considered.  He noted that a destination needs to be created in Avon; something special where we are thinking outside the box.  

Mr. Jasminski noted that there are courtyard areas associated with the existing brownstone buildings.  He commented that, over time, he could envision café style dining in these buildings, as they possess high ceilings and a lot of glass that would make great restaurants and/or entertainment areas.  He commented that this scenario would work well located right off of the main street.  

Mr. Bonner commented that, hypothetically, if a 500-seat theater were constructed, all the restaurants in the Park would fill up and people would shop at the retail stores.  Avon could become a destination place.  He noted that the opportunity exists right now to do something special and unique.  

Ms. Keith commented that there are a lot of talented individuals in Avon.  She asked whether some type of tiered seating with a stage could be installed near the water feature to provide a place for local talent to gather.  Mr. Jasminski agreed that that would be a great idea but reiterated that there are wetland regulations/restriction that would have to be overcome.  

Mrs. Primeau commented that the water feature area could also be used as a nature center of some sort.  She asked whether a roundabout would be considered in the area across from the large existing oak tree, as it would slow traffic down.  Mr. Jasminski explained that that area would, most likely, have a 3-way stop but added that a roundabout could be considered.                

Mr. Bonner conveyed his feeling that some kind of entertainment feature would complement the rest of Ensign Bickford’s proposed master plan for development in Avon Center and, in turn, benefit the entire Town.  Mr. Jasminski concurred and noted that it’s a fabulous idea but pointed out that a facility would have to be constructed, a person would be needed to run it, and financing would have to be available.  

Mrs. Primeau commented that every part of the master plan proposal (i.e., offices, housing, medical, etc.) is cookie cutter; nothing is unique except the idea of an entertainment feature.  She noted that the Hartford Symphony Orchestra plays at the Performing Arts Center in Simsbury.  Mr. Jasminski noted his understanding but pointed out that the Town of Simsbury constructed the facility, the Town owns the grounds, and the Town sponsors the programs.  

Mr. Starr noted that Simsbury Meadows isn’t located next to an existing residential neighborhood.  

Mr. Bonner commented that he feels an entertainment concept would be a very marketable item in Avon.  He commented that a building with 400 to 500 seats and professional performances would give plenty of people something very enjoyable to do.  Mr. Jasminski explained that he doesn’t think that the site on Climax Road could accommodate 400 to 500 seats, as that would require 300 to 400 parking spaces.  He noted that parking from nearby uses could be possibly be utilized.  Mr. Bonner agreed that nearby parking for other businesses could be used.  

Mr. Kushner commented that Mr. Jasminski’s presentation gives the Commission a better idea about the master plan concept and what the different ”pods” mean as well as the phasing that will be involved.  

In response to Mr. Starr’s question regarding the timeline, Mr. Kushner explained that the Zoning Regulations need to be modified section by section, which will lead up to a public hearing to adopt the proposed changes.  He noted that the hope is that a public hearing could be held sometime in March.  

Mrs. Primeau asked if a sidewalk is proposed along Route 10 to provide a connection to the Village Center.  Mr. Jasminski commented that a sidewalk would be beneficial but it would have to be located some distance away from Route 10 where the traffic is heavy.  

Mr. Kushner provided a summation and noted that a master plan would be submitted to the Commission; a change of zone would be requested along with the master concept plan.  He noted that the level of detail will be fairly significant but the owner will, in turn, benefit from having some level of certainty when the individual site plans are prepared.  The master plan will be a refinement of what was presented tonight and show all the different “pods” or Districts.  He explained that while the property owner would have some freedom/flexibility as to the order in which certain sections get developed, there may be critical components of the design infrastructure that must be completed in accordance with a specific timeline/milestone.  

Ms. Keith commented that she has no problem with tonight’s presentation as long as the flexibility factor remains.  She added that she would be comfortable having most of the regulations in place by March, as the master plan appears to be very comprehensive.  

Mrs. Primeau commented that she feels the Town Green needs something more than a gazebo.  She acknowledged that she doesn’t have anything particular in mind but added that to achieve a true Town Green, something more is needed.

Mr. Kushner noted that Mr. McDermott (Milone & MacBroom consultant) has a place of public assembly (i.e., outdoor concerts, plays, a gathering place) shown on one of the master plan drawings.  He explained that the concept is for an outdoor space, a smaller version of the Town Green.  He noted that, at this point, ownership has not been defined (public vs. private) and/or how it would be managed and tie into the infrastructure.   

Mr. Starr suggested that a workshop be held in a couple of weeks. The Commission agreed that it would be a good idea to hold a special workshop meeting to review the proposed regulation changes.  The meeting was planned for the second week of February.  

Mr. DiFatta noted his appreciation for the Town’s assistance, from both the consultants and the Town Staff, and thanked the Commission for their time.  He commented that he feels that the master plan is starting to take shape and noted that he doesn’t want another Blue Back Square but would like the area to be considered the Town Center.  He commented that he feels it is important to retain the wetlands/water feature on the site, as it would be a focal point.  He explained that Ensign Bickford would work with the Army Corps of Engineers to obtain necessary permits.  There have been preliminary discussions with an assisted living facility and while the timing is not quite right, there is interest in this area.  An apartment developer has expressed interest in developing units and there are tentative concepts in place for residential units above retail spaces; there is a possibility for 3 stories with a 2-story townhouse located above a 1st floor retail space.  Mr. DiFatta communicated that Ensign Bickford is trying to be creative and produce an end product that everyone will be pleased with.  He noted his agreement that an entertainment feature would be a great addition.  He concluded by noting that Ensign Bickford has a legacy to live up to and creating a vibrant Town Center is what everyone wants.              

Mr. Bonner, Ms. Keith, Mrs. Griffin, and Mrs. Clark noted their agreement that an entertainment feature is a great idea.  

STAFF REPORT

Mr. Kushner reported that the Town of Simsbury is working on a new planning study to include all of Simsbury Center and the Route 10 Corridor; the study area begins at the Avon town line (NU property on Route 10) and ends just before the Granby town line.  He noted that the study is being funded by CRCOG and the State Department of Transportation (DOT).  He noted that one of the goals of this study is to maintain Route 10 as a two-lane road.  Mr. Kushner noted that Avon will coordinate with Simsbury during the study.      

There being no further input, the meeting adjourned at 8:30 p.m.        

Respectfully submitted,


Linda Sadlon, Clerk


LEGAL NOTICE
TOWN OF AVON

At a meeting held on January 25, 2011, the Planning and Zoning Commission of the Town of Avon voted as follows:

App. #4519 -    Nod Brook LLC, owner, Midwood Management Corp, applicant, request for Site Plan Approval to construct new retail building and expand parking lot with modifications to traffic circulation, Nod Brook Mall, 287 and 315 West Main Street, Parcels 4540287 and 4540315, in a CR Zone.  APPROVED WITH CONDITIONS.

Dated at Avon this 26th  day of January, 2011.  Copy of this notice is on file in the Office of the Town Clerk, Avon Town Hall.

PLANNING AND ZONING COMMISSION
Duane Starr, Chairman
Douglas Thompson, Vice-Chairman/Secretary