Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Development Review topic
No spam. Unsubscribe anytime.
Plan commission continues Nirvana Sports development plan after parking-easement and design concerns
Summary
The commission continued DPR 2609 (Nirvana Sports) to July 27 after staff recommended denial of four design waivers and opponents raised a recorded 1996 cross-parking easement the movie theater says it only recently discovered; petitioner said it will withdraw two waivers and work with staff on others.
The Avon Plan Commission voted to continue the development-plan review for Nirvana Sports (DPR 2609), a proposed roughly 15,000-square-foot indoor recreation building at 313 Shiloh Crossing Drive, to its July 27 meeting after extensive discussion about architectural waivers, pedestrian connections and a recorded shared-parking agreement.
Planning staff presented DPR 2609 and outlined four waiver requests: (a) waiver of required foundation plantings adjacent to the south and part of the west facades, (b) waiver of facade articulation for facades over 100 feet, (c) allowance of only one roof feature where two are required, and (d) a waiver of the UDO pedestrian-network requirement connecting the building to the public sidewalk. Staff concluded none of the waiver findings are met and recommended denial of each waiver.
"We think the requested waivers are due to a desire to develop a building footprint that's larger than what the site can accommodate," Planning staff said, adding that waivers a through c would create the appearance of a single, dominant building mass and that waiver d (pedestrian connection) would be detrimental to public safety if not provided.
The petitioner’s design team said waivers c and d could likely be withdrawn and that the team would work with staff on façade articulation and foundation plantings. Joseph Lisi, the project architect, said the owners were willing to collaborate with staff and hoped for a short continuance to keep a summer construction schedule on track.
Adjacent property representative Michael (Mike) Sandy, general manager of the nearby Regal Cinemas, told the commission he and his corporate landlord only recently discovered a recorded 1996 declaration that appears to create cross-parking obligations. "We have maintained the parking lot by ourselves for 31 years," Sandy said, and asked for time to consult corporate counsel and other property owners about the agreement.
Petitioners said they pay HOA fees and had reviewed the recorded documents prior to purchase; staff noted a recorded easement appears to permit shared use of movie-theater parking and that the UDO treats shared parking as acceptable when a recorded easement exists. Commissioners said approving or denying waivers now could leave little recourse if problems with parking access, pedestrian safety or architecture later arise, and several members recommended a continuance so the petitioner can submit revised drawings and documentation.
A commissioner moved and the commission approved a continuance of DPR 2609 to the July 27, 2026 meeting. Planning staff set a July 10 deadline for any revised documents to be placed in the packet for the July meeting.
The continuance keeps the record open while the petitioner works with staff on design changes and the adjacent landowners review the shared-parking documentation. The commission indicated it is open to working with the petitioner but said the four waiver requests as presented did not meet the UDO findings as written.
