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The Planning and Zoning Commission of the Town of Avon held a meeting at the Avon Town Hall on Tuesday, April 9, 2013. Present were Duane Starr, Chair, Carol Griffin, David Cappello, Marianne Clark, Peter Mahoney, Christian Gackstatter, and Alternates Elaine Primeau and Donald Bonner. Absent were Linda Keith, Vice Chair, and Alternate Jenna Ryan. Also present was Steven Kushner, Director of Planning and Community Development.
Mr. Starr called the meeting to order at 7:30pm.
APPROVAL OF MINUTES
Mr. Mahoney motioned to approve the minutes of the March 19, 2013 meeting, as submitted. The motion, seconded by Mrs. Clark, received unanimous approval.
PUBLIC HEARING
App. #4654 - PDP Financial, LLC, and MOJO Enterprises, LLC, owners, Sunlight Construction, applicant, request for 24-lot Subdivision, “Jefferson Crossing”, 45.5 acres, 44 Lenox Road, Parcel 3010044, in an R30 Zone
App. #4655 - PDP Financial, LLC, and MOJO Enterprises, LLC, owners, Sunlight Construction, applicant, request for Special Exception under Section IV.A.4.k. of Avon Zoning Regulations to permit single-family cluster development, 44 Lenox Road, Parcel 3010044, in an R30 Zone
App. #4657 - PDP Financial, LLC, and MOJO Enterprises, LLC, owners, Sunlight Construction, applicant, request for Special Exception under Section IV.A.4.j. of Avon Zoning Regulations to permit 34-unit multiple dwelling development, 44 Lenox Road, Parcel 3010044, in an R30 Zone
Also heard at this time but not part of the public hearing:
App. #4656 - PDP Financial, LLC, and MOJO Enterprises, LLC, owners, Sunlight Construction, applicant, request for Site Plan Approval to permit 34-unit multiple dwelling development, “Southampton Village”, 44 Lenox Road, Parcel 3010044, in an R30 Zone
Mr. Starr announced that the applicants have requested a continuance of the public hearing for Apps. #4654, #4655, and #4657 to the Commission’s next meeting, scheduled for April 30.
Mr. Gackstatter motioned to approve a public hearing continuance to the April 30 meeting for Apps. #4654, #4655, and #4657. The motion, seconded by Mrs. Primeau, received unanimous approval.
Mr. Gackstatter motioned to table App. #4656 to the April 30 meeting. The motion, seconded by Mrs. Primeau, received unanimous approval.
App. #4651 - Avon Business Park, LLC, owner, Cross-Fit Avon, applicant, request for Special Exception under Section VI.H.3.k. of Avon Zoning Regulations to permit cross-fit gym, 15 Industrial Drive, Parcel 2870015, in an I Zone
Mr. Starr announced that the applicant has requested a continuance of the public hearing for App. #4651 to the April 30 meeting.
Mr. Gackstatter motioned to continue the public hearing for App. #4651 to the April 30 meeting. The motion, seconded by Mrs. Primeau, received unanimous approval.
NEW APPLICATION
App. #4658 - K Brothers LLC, owner, Richard Morgan, applicant, request for Certificate of Approval for Gasoline Station, 213 West Main Street, Parcel 4540213 in a CR Zone
Present to represent this application were Richard Morgan, representing the owner, and Arsalan Altaf, owner.
Attorney Morgan submitted an amended application to the Commission, for the record.
Mr. Starr commented that the request is to operate a gas station but no food/convenience store is proposed. Mr. Morgan concurred.
Mr. Morgan explained that the subject application is a “Certificate of Approval” and is required by the State because the license lapsed.
In response to a question from James Olson, Mr. Starr explained that App. #4658 is not a public hearing and the Certificate of Approval process is being followed at the direction of the Town Attorney.
OUTSTANDING APPLICATION
App. #4650 - Town of Avon, owner, Avon Little League, applicant, request for Site Plan Approval to permit new “snack shack” and light poles at Sperry Park, 60 Simsbury Road, Parcel 3970060 in an ROS Zone
Mr. Starr reported that App. #4650 has been withdrawn by the applicant.
OTHER BUSINESS
CRCOG Appointments
Mr. Starr nominated Linda Keith as CRCOG representative. Mrs. Griffin seconded the motion that received unanimous approval.
Request for appraisal acceptance – Eagle View Estates/Golf Club of Avon – Country Club Rd
Mr. Kushner indicated that both he and the assessor have reviewed the appraisal and agree that there are no issues.
Mrs. Primeau motioned to accept/approve the appraisal, as submitted, for Eagle View Estates. The motion, seconded by Mrs. Clark, received unanimous approval.
Request for appraisal acceptance – Aspenwood Subdivision/Sunlight Construction – Sunrise Dr
Mr. Meyers explained that the appraiser was selected by the bank.
Mrs. Primeau motioned to accept/approve the appraisal, as submitted, for the Aspenwood Subdivision. The motion, seconded by Mrs. Clark, received unanimous approval.
Special Land Use Study - Avon Old Farms School Property
Mr. Kushner addressed a plan to relocate Old Farms Road to the south. He noted that this project has been studied and endorsed by the Town for more than 30 years. He indicated that this project finally seems to be getting some momentum and has been divided into 2 parts. The first part consists of rebuilding the bridge over the Farmington River and this project has been endorsed by the Governor and will be funded by the State; there is a direct relationship to the improvements being made at the UCONN Health Center. Although some progress has been made with the State Department of Transportation (DOT) Federal Highway Administration (FHWA) and Environmental Protection Agency (EPA) concerning the rest of the project, each time the Town advances one step it seems as though it takes a half-step back. Most recently, the State DOT is requiring that the Town undertake a study known as an “EA”, or an environmental assessment. The Town will hire a consultant at the cost of approximately
$650,000 to study environmental impacts and other planning related impacts as a result of the possible relocation of Old Farms Road in this new alignment. The Federal government will fund 90% of the cost of this study.
Mr. Kushner explained that in advance of this study, the Town has been in conversation with the Avon Old Farms School about the possibility of preserving approximately a 100-acre corridor in the general area of the new road alignment. This would do 2 things; 1) preserve a significant amount of open space, a portion of which is a valuable wetland area; and 2) provide an important trail connection between the Farmington Valley Greenway and Fisher Meadows. Environmental impacts will be measured against the alternative which is to improve Old Farms Road in its current location. It is hoped that the preservation of this significant corridor of open space would mitigate any possible adverse environmental impacts and will be superior to improving Old Farms Road in its current location. He noted that in
conversations with the Old Farms School, the School has indicated their support for a new road alignment. Although the School has no immediate plans to expand their campus, there have been some discussions in the past about this possibility. The road currently bisects the School’s campus and makes it somewhat unsafe for students to cross Old Farms Road to access the 300+ acres of open space owned by the School, located to the south of the current roadway. If the road were placed in a new southerly alignment the road then would frame out a much larger area of land that could define the core campus for the School.
Mr. Kushner addressed land owned by the School and indicated that, at one time, the School owned even more land but have been forced to sell land over the past decades when it was financially necessary. This is the case in the instance of the Stony Corners Subdivision, which was built in the 1960s, and, more recently, the Devonwood Subdivision, built in the late 1970s; in this instance, there was 500 acres of land sold to a private developer resulting in the construction of 500 homes. The Town has also been in discussions with the School over the last decade about the possibility of acquiring some or all of the open space assets owned by the School. In 2008 both the Town and the School paid to have a real estate appraisal report done in an effort to gauge value of these open space assets. Also in
2008, the School hired Richter & Cegan, landscape architects, to conduct a property study. Several layouts were studied showing the division of land into single-family lots.
Mr. Kushner explained that the cost of building the new road in a new alignment would be substantially higher in costs than rebuilding Old Farms Road in its current location. He explained that the former Town Engineer, Tom Daukas, now Special Projects Engineer for the Town, is working on developing detailed estimates but on a preliminary basis has indicated that the cost is approximately $2.5M more than improving Old Farms in its current location.
Mr. Kushner addressed open space and explained, taking into account all the background information just provided, that a discussion has been ongoing with the School regarding the acquisition of approximately 100 acres to form the corridor which is being discussed. In reviewing the 2008 appraisal report and in discussions with the School, it seems prudent, at this time, to have a more detailed discussion regarding what possible or likely land uses might be acceptable for the open space land owned by the School. He indicated that, as the Commission knows, the property is currently zoned EL (Educational Land) and this zone is very restrictive in terms of the uses permitted and essentially limits uses to a school and school-related activities/accessory uses. He noted that he has included, in his outline, a
list of other special land use studies conducted by the Commission, the most recent being the 2005 Avon Center Study. Other more recent plans include the Nod Road/Montevideo Road Study and the Huckleberry Hill Land Use Study. In the case of Nod Road, this Study discussed about 75 acres of land occupied by the Bel Compo (now known as Blue Fox Run) Golf Course along Nod Road which was a little higher in elevation, outside the floodway and suitable for some type of development. In that particular instance, the Commission concluded that looking at the density previously approved for Hunter’s Run (located across the street), which was approved at a density of one unit per acre; that is, 264 homes on 264 acres of land, that perhaps 75 single-family homes would be appropriate. He explained that equivalency factors were then discussed (i.e., those variables that also define land use and land use intensity such as building mass and traffic generation) and as a
result, paved the way for the possibility of professional office development which resulted in the 3 office buildings that now exist at 27 Nod Road, including the St. Francis building. The Huckleberry Hill Open Space Study resulted in the construction, in an incremental way, of Northington Drive, completed over the last 15 years with the last missing link being paved this past fall creating the extension of Northington Drive through the Found Land to Old Kings Road.
Mr. Kushner concluded by noting that, for all these reasons, it seems prudent to undertake a special land use study at this time; the thought being that this study could be adopted by the Commission as part of the 2006 Plan of Conservation and Development (POCD).
In response to Mr. Starr’s question, Mr. Kushner confirmed that the special land use study would be done in advance of the preparation/next update to the 2006 POCD (next update 2016).
Mr. Kushner added that he would attempt to have a “draft” of this study before the Commission’s break in August.
Mr. Kushner addressed zoning options and noted that one option could be to keep the School property zoned EL but give the Commission the ability, by special permit, to permit certain types of cluster housing; this would allow the School to develop the property at a reasonable density. He indicated that while it is both the Town’s and the Commission’s first wish to preserve the property, if this could not happen, perhaps, (unlike a conventional single-family zoning district where a conventional single-family subdivision would result such as the Stony Corners Subdivision) instead, a set of rules could be created that would only permit cluster development. He noted, as an advantage, a cluster development would permit a reasonable number of single-family homes while at the same time achieve the
preservation of a significant amount of open space. Other uses considered could be other institutional type uses such as an assisted living facility.
Mr. Starr indicated that he feels that permitted density should be based on R40 zoning; he added that he would have no problem with developments proposed utilizing R40 zoning but added that no density greater than R40 should be allowed. He further added that he doesn’t think any type of commercial/office development would be appropriate on the Old Farms School property.
Mrs. Griffin commented that if the property was rezoned to residential that the taxes would go up but if the land remained zoned EL that she feels it would remain open longer.
Mr. Kushner noted that the idea is not to rezone.
In response to Mrs. Griffin’s questions, Mr. Kushner explained that the School would deed land to the Town to build a new road and the old, existing road would be removed. He noted that the School would have to make a significant contribution to the Town to balance the cost of the new road; possibly deed 100 acres of open space where the wetlands could connect the Farmington Valley Greenway to Fisher Meadows. He further explained that a separate bicycle route could not be accomplished with the new road alignment because the road would be pulled away from the School; the School doesn’t want the public on their property.
In response to Mr. Gackstatter’s questions, Mr. Kushner confirmed that Avon Old Farms School is the only property zoned EL in Town. Mr. Gackstatter asked that if the property remained EL but opportunities, via special permit, were created in the Zoning Regulations to permit cluster housing what would prevent a developer from purchasing the land from the School and asking for a zone change. Mr. Kushner explained that a private developer could request a zone change.
The Planning and Zoning Commission has a substantial amount of discretion in reviewing such a request. In this instance, where the Commission has already created an opportunity to allow residential development (albeit, cluster format) it might be different for an applicant in this instance to claim that they were being denied any reasonable use of their property.
In response to Mrs. Primeau’s question, Mr. Kushner explained that it is the opinion of the Town Engineering Department that the Town owns the road but noted that he would check into road ownership. Mrs. Primeau commented that Old Farms Road used to be called The Farmington Road.
There being no further comments, the meeting adjourned at 8:15pm.
Respectfully submitted,
Linda Sadlon, Clerk
LEGAL NOTICE
TOWN OF AVON
The Planning and Zoning Commission of the Town of Avon held a meeting on April 9, 2013. The following application was withdrawn:
App. #4650 - Town of Avon, owner, Avon Little League, applicant, request for Site Plan Approval to permit new “snack shack” and light poles at Sperry Park, 60 Simsbury Road, Parcel 3970060 in an ROS Zone WITHDRAWN
Dated at Avon this 10th day of April, 2013. Copy of this notice is on file in the Office of the Town Clerk, Avon Town Hall.
PLANNING AND ZONING COMMISSION
Duane Starr, Chair
Linda Keith, Vice-Chair
LEGAL NOTICE
TOWN OF AVON
The Planning and Zoning Commission of the Town of Avon will hold a Public Hearing on Tuesday, April 30, 2013, at 7:30 P.M. at the Avon Town Hall:
App. #4659 - Sunlight Construction, owner/applicant, request for 2-lot resubdivision, 2.617 acres, 15 Aspenwood, Parcel 6460015, in an R40 Zone
App. #4660 - Breakaway Enterprises, LLC, and Kenneth Dixon, owners/ applicants, request for 2-lot subdivision modification, 8.71 acres, 598 and 600 Deercliff Road, Parcels 2090598 and 2090600, in an RU2A Zone
App. #4661 - Darci and Daryl Vallez, owners, Liljedahl Brothers Inc., applicant, request for Special Exception under Section IV.A.4.q. of Avon Zoning Regulations to permit accessory apartment, 37 Beverly Drive, Parcel 1290037, in an R40 Zone
All interested persons may appear and be heard and written communications will be received. Applications are available for inspection in Planning and Community Development at the Avon Town Hall. Dated at Avon this 11th day of April, 2013.
PLANNING AND ZONING COMMISSION
Duane Starr, Chair
Linda Keith, Vice Chair
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