The Planning and Zoning Commission of the Town of Avon held a meeting at the Avon Town Hall on Tuesday May 21, 2013. Present were Duane Starr, Chair, Linda Keith, Vice Chair, Carol Griffin, David Cappello, Peter Mahoney, and Alternates Donald Bonner, and Jenna Ryan. Mr. Bonner sat for the meeting. Absent were Marianne Clark, Christian Gackstatter and Alternate Elaine Primeau. 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
Ms. Keith motioned to approve the minutes of the April 30, 2013, meeting, as submitted. The motion, seconded by Mr. Mahoney, received unanimous approval.
PUBLIC HEARING
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 App. #4651 has been withdrawn by the owner.
App. #4664 - K Brothers LLC, owner, Tim’s Signs, applicant, request for Special Exception under Section VII.C.4.b.(2) of Avon Zoning Regulations to permit detached identification sign, 213 West Main Street, Parcel 4540213, in a CR Zone
Matt Walsh was present from Tim’s Signs.
Mr. Walsh explained that the proposal is for a detached identification sign for a Gulf gas station at this site; he noted that there is an existing small brick base where the old monument sign used to be (Nino’s Gas Station).
In response to Mr. Starr’s question, Mr. Walsh explained that the preferred lighting method is internal l illumination.
Mr. Kushner noted that Staff has no problem with internal illumination but suggested that if an approval is considered that a condition be attached such that a landscape plan be prepared and approved before a permit for the sign is issued.
In response to Mr. Kushner’s question, Mr. Walsh commented that no changes and/or color are proposed for the canopy; he noted that all the canopies in Town are white. Mr. Kushner suggested another approval condition requiring that the canopy remain white; no stripping or logos would be permitted.
In response to Ms. Keith’s question, Mr. Kushner explained that the Staff has been treating logos like signs and added that he has not yet seen any signage proposed for the gas pumps at this location. He noted that miniature logos have been allowed on some of the gas pumps in various locations, as the logos cannot be read from the street.
In response to Mr. Starr’s question, Mr. Walsh explained that the owner would like to overlay the existing pump doors with new vinyl; the panel would measure 3 feet high by 3.5 feet wide, which is standard.
Mr. Kushner pointed out that the Town has generally not permitted the vinyl doors that Mr. Walsh is referring to.
In response to Mr. Bonner’s noise concerns, Mr. Starr noted that external speakers are not permitted anywhere in Town. Mr. Bonner noted that speakers were proposed at the gas station on West Avon Road. Mr. Starr noted his understanding and added that a condition was placed on the approval such that no outdoor speakers were allowed.
Mr. Walsh explained that he has never seen speakers at any of the Gulf gas stations that he has been involved with.
In response to Mr. Walsh’s review of possible signage on the pumps, Mr. Kushner indicated that no signage has been permitted on pumps in other locations, in the past. He added that a plain panel without any advertising should be proposed; he noted that a single Gulf color may be permitted. A modest logo on the panel (4 inches square) may also be permitted for customer view but is not meant to be used as additional advertising from the road.
Mr. Starr suggested that signage for the pumps and any other signage proposed for the site should be submitted to Town Staff for review and approval; he noted that the Commission’s approval will only address the detached sign. Mr. Kushner concurred.
In response to Mrs. Griffin’s comment, Mr. Walsh confirmed that LED technology would not be used for the gas prices.
Mr. Cappello noted his displeasure with the street number shown on top of the sign; he noted that the number “213” looks like the price of the gas. He suggested that something different be done or identification be put on the building itself.
Mr. Walsh noted that the address is shown on the top of the sign, as the Zoning Regulations require it. He added that the font could be changed.
In response to Mr. Kushner’s question, Mr. Walsh explained that using a different font for the address than what is used for the gas prices is recommended. He added that the address number could be shrunk down in size to set it apart from the gas price.
In response to comments from the Commission, Mr. Walsh commented that the address number could be left justified on top of the sign; he noted that it could be revised anyway the Town wishes.
There being no further input, the public hearing for App. #4664 was closed.
App. #4665 - Proposed amendment to Avon Zoning Regulations pertaining to parking for industrial uses; Town of Avon, applicant
Mr. Kushner explained that the language for the proposed amendment has not changed from the draft. The language is based on the Town of Farmington’s parking regulations, which have been the same since the early 1980s. He indicated that the proposed language is really a comprise between Avon’s existing parking standard (3.3 spaces/1,000 GSF) and the language contained in the Town of Farmington’s Regulations. He commented that before the Commission agreed to grant a parking reduction it would be make sense to ask for real world data from the company with regards to future parking needs. He clarified that the amendment language is worded such that the applicant would not be required to show that they have enough spaces in reserve to build, theoretically, in the future or get back to
3.3 spaces/1,000 SF. Mr. Kushner referenced an ITE parking generation manual and noted that for manufacturing uses the manual suggests that on a per 1,000 SF basis, the 85th percentile is 1.18 vehicles per 1,000 SF of gross floor area (the range is .82-1.27), which is much less than Avon’s standard of 3.3 spaces that has been used for many years.
Mr. Kushner noted that it is his understanding that Reflexite is planning another building addition in the near future. He added that their employee count is low relative to the square footage of the building; the large machines inside the building take up a huge amount of space.
Ms. Keith indicated her support for the proposed parking amendment, as it gives the building owners/tenants more leeway and the Commission more discretion.
Mr. Bonner concurred and added that the Commission wants to encourage the type of building that Reflexite is planning.
There being no further input, the public hearing for App. #4665 was closed, as well as the entire public hearing.
PLANNING AND ZONING COMMISSION MEETING
Mrs. Griffin motioned to waive Administrative Procedure #6 and consider the public hearing items. Mr. Bonner seconded the motion that received unanimous approval.
App. #4664 - K Brothers LLC, owner, Tim’s Signs, applicant, request for Special Exception under Section VII.C.4.b.(2) of Avon Zoning Regulations to permit detached identification sign, 213 West Main Street, Parcel 4540213, in a CR Zone
Mrs. Griffin motioned to approve App. #4664 subject to the following conditions:
1. A landscape plan for the site, to include landscaping around the detached sign, shall be prepared and submitted to the Town Planning Department for review and approval prior to the issuance of a sign permit.
2. Signage for the canopies and gas pumps is not approved at this time. Proposed signage for canopies and pumps shall be submitted to Town Planning Department for review and approval prior to installation.
3. The font for the address number “213” on top of the sign shall be different from the font used for the gas prices.
The motion, seconded by Mr. Mahoney, received approval from Mesdames Griffin and Keith and Messrs. Mahoney, Starr, and Bonner.
Mr. Cappello voted in opposition of approval.
App. #4665 - Proposed amendment to Avon Zoning Regulations pertaining to parking for industrial uses; Town of Avon, applicant In response to Mr. Mahoney’s question, Mr. Kushner explained that the parking standard would remain at 3.3 spaces but would provide an opportunity to discuss options with the Commission.
Mr. Mahoney motioned to approve App. #4665. The motion, seconded by Mr. Cappello, received unanimous approval. The effective date of the amendment is June 20, 2013.
STAFF REPORT
Accessory Apartments – review current requirements in the Zoning Regulations
Mr. Kushner reviewed the existing language for accessory apartments, noting that sometimes there appears to be some misunderstanding/confusion with applicants regarding what the regulations state. He noted that oftentimes accessory apartments are discussed only in the context of use by immediate family members and clarified that the Regulations do not require that use be limited to immediate family. He added that the Commission has the ability to stipulate that a request for an apartment be used only by family members and has placed that condition on various approvals. He explained that the Regulations state that the permit expires 2 years from the date of approval and it is the applicant’s responsibility to reapply; he noted that the Town rarely receives requests for renewals. He noted that
the Regulations currently permit apartments between 400 and 600 square feet in size but pointed out that requests are often received for much larger apartments. He clarified that the apartment cannot exceed 25% of the total living area but added that it is not usually a problem, as there are many large homes in Town.
In response to Mr. Kushner’s comments, Mr. Starr indicated that he feels finished basements should be counted as overall living space for the house, especially basements with walkout access.
Mr. Kushner commented that he could draft revised language in an attempt to clarify/confirm the requirements for an accessory apartment.
Mr. Bonner commented that he would not like to see a lot of accessory apartments becoming rentals without the Town’s knowledge.
In response to Mr. Mahoney’s question about kitchens, Mr. Starr explained that the definition of an accessory apartment requires that the area be a complete independent living area with sleeping, cooking, and sanitation provisions.
In response to Mrs. Ryan’s question about enforcing the removal of accessory apartments, Mr. Kushner explained that while there is nothing in place currently, the Town could require that a document be recorded on the Land Records along with the filing of the Special Exception for approval; this information would then be discovered during a title search should the house be sold.
Mr. Kushner indicated that the Town of Canton changed their regulations approximately 15 years ago to allow accessory apartments by right and noted that it did not increase the number of apartments.
Mrs. Griffin commented that she doesn’t think it’s a good idea to allow accessory apartments by right, as it could potentially reduce the value of adjacent properties because it changes the character of the neighborhood.
Mr. Starr asked if the apartments could be allowed by right but limited to family only.
Mr. Kushner commented that it may be possible to allow apartments for family only, by right, as the current definition for “family” in the Regulations is any number of individuals related by blood/marriage plus up to 2 or 3 unrelated people. He noted that the key is that all these people are supposed to be living together as a family unit.
Mr. Mahoney commented that if apartments are allowed by right, policing occurs via building permits. Mr. Kushner concurred. In response to Mr. Mahoney’s question, Mr. Kushner noted that he believes most towns only allow accessory apartments by special permit; the Town of Canton is unusual in that regard.
Ms. Keith commented that additional people living in a house also adds to the total number of vehicles in the driveway.
Mr. Kushner noted that he would look more closely into the Town of Canton’s regulations.
Mr. Mahoney noted that he supports adding information to the deeds regarding a 2-year time limit.
Mr. Starr suggested that any limitations/stipulations should go with the ownership of the property.
Mrs. Griffin commented that she feels the apartments should remain special permit approvals but noted her support of adding information to the deed.
In response to Mr. Kushner’s question, Mr. Starr indicated that he feels 25% should be the controlling factor, more than square footage.
Mr. Kushner noted that he would prepare a draft of proposed language changes. The apartment would still require special permit approval with possibly a requirement for an additional document filing in the Land Records.
There being no further input, the meeting adjourned at 8:10 pm.
Respectfully submitted,
Linda Sadlon, Clerk
LEGAL NOTICE
TOWN OF AVON
At a meeting held on May 21, 2013, the Planning and Zoning Commission of the Town of Avon voted as follows:
App. #4664 - K Brothers LLC, owner, Tim’s Signs, applicant, request for Special Exception under Section VII.C.4.b.(2) of Avon Zoning Regulations to permit detached identification sign, 213 West Main Street, Parcel 4540213, in a CR Zone APPROVED WITH CONDITIONS
App. #4665 - Proposed amendment to Avon Zoning Regulations pertaining to parking for industrial uses; Town of Avon, applicant APPROVED EFFECTIVE June 20, 2013
In addition, the following application was withdrawn:
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 WITHDRAWN
Dated at Avon this 22nd day of May, 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, June 11, 2013, at 7:30 P.M. at the Avon Town Hall:
App. #4667 - Shops at Dale Corners, LLC, owner/applicant, request for Special Exception under Section VI.C.3.b.of Avon Zoning Regulations to permit Class III restaurant, 385 West Main Street, Parcel 4540385, in a CR Zone
App. #4668 - Shops at Dale Corners, LLC, owner/applicant, request for Special Exception under Section VI.C.3.b.of Avon Zoning Regulations to permit Class III restaurant, 385 West Main Street, Parcel 4540385, in a CR Zone
App. #4669 - Avon Village, LLC, owner, Avon Village, LLC, and LCB Senior Living, LLC, applicants, request for 2-lot Subdivision, 11.0 acres, 117 and 121 Simsbury Road, Parcels 3970117 and 3970121, in a CP-A Zone
App. #4670 - Avon Village, LLC, owner, Avon Village, LLC, and LCB Senior Living, LLC, applicants, request for Special Exception under Section VI.E.3.b. of Avon Zoning Regulations to permit 74-unit assisted living facility, 117 Simsbury Road, Parcel 3970117, in a CP-A 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 28th day of May, 2013.
PLANNING AND ZONING COMMISSION
Duane Starr, Chair
Linda Keith, Vice Chair
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