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PZC Minutes 01-06-2004 (2)Minutes of Planning and Zoning Commission January 6, 2004 Council Chambers Town of Avon Municipal Building 400 Benchmark Road I. Call to Order The meeting was called to order at 6:00 pm. II. Roll Call All Commissioners were present with the exception of Commissioner Evans. III. Additions and Amendments to the Agenda There are no additions or amendments to the Agenda. IV. Conflicts of Interest Commissioner Him and Commissioner Neville disclosed a conflict of interest regarding Item VII, A, Variance Application, Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision, 910 Nottingham Road, Resolution No. 04 -04, Applicant: Vail Resorts /Mark Donaldson, and Item VIII, A, Sketch Design Plans, Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision, 910 Nottingham Road, Mountain Center, Applicant: Vail Resorts /Mark Donaldson. V. Consent Agenda Commissioner Him motioned for the approval of the Meeting Minutes from the December 16, 2003, Planning & Zoning Commission Meeting. Commissioner Didier seconded the motion. The motion passed unanimously. VI. PUD Amendment Application -PUBLIC HEARING A. Lot 61, Block 2, Benchmark at Beaver Creek Subdivision Lot 61 PUD 75 Benchmark Road Resolution No. 04 -03 Applicant: IDG3 LLC This is a Lot 61 PUD to establish new development rights that conform to the recommendations of the Town Center Plan and locate an expanded Town Transit Center on this site. Ruth Borne presented the staff report. This Application was tabled at the previous Planning and Zoning Meeting held on December 16, 2003. The application has been revised. Staff continues to have some issues with the development standards as set forth in the proposed resolution. This application complies with the Town Center Plan and the Comprehensive Plan. The FAPlanning & Zoning Commission \Minutes\2004 \010604.doc Page 1 of 8 developer is required to convey the 50 -foot Right Of Way to the Town of Avon as a condition of this approval. The issues regarding the development standards are tied to the financial analysis and we are working through it. The decision on these standards rests with Town Council. The timing for vesting will be 2012 and this approval is contingent on the development agreement being executed. Applicant has no presentation. Public Hearing Opens and Public Hearing Closes as there is no Public input. After brief deliberation, Commissioner Neville motioned for approval of Lot 61, Block 2, Benchmark at Beaver Creek Subdivision, Lot 61 PUD, 75 Benchmark Road, Resolution No. 04 -03, with Commissioner Smith seconding. This approval included the use of the word 'or' on the first three bullet points for Item 2 in Resolution No. 04 -03. The motion passed unanimously. VII. Variance Applications - PUBLIC HEARING A. Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision 910 Nottingham Road Resolution No. 04 -04 Applicant: Vail Resorts /Mark Donaldson This is a revised variance request from the Town's off - street parking and off - street loading regulations. Section 17.24.020.1 of Town Code states "off street parking spaces, including the adjacent area used for turning movements necessary to enter or leave the parking spaces... may be located in any yard except the front ten feet of the required front yards." Section 17.24.030.3 of Town Code states "...loading berths shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement." A newly configured loading dock is proposed in a separate design application. Tambi Katieb presented the Staff Report that recommends the approval of Resolution 04 -04 that approves the Variance from sections of the Town Code cited in your Staff Report, 17.24.02.01 and 17.24.03.03, based on the criteria presented in the report with the recommended criteria as stated by staff. Note that one condition in the motion is should the loading dock change its use, the Variance will be void, as it is a time limited Variance specifically for this application. Public Hearing opens. Mike Cacioppo, resident on Nottingham Road, approached the podium and questioned if there are three loading docks at other businesses in the area. He expressed that it seemed a dangerous situation especially in bad weather conditions and requested denial for public safety issues. Peter Buckley, citizen, approached the podium. He believed that adding another loading dock would create more truck use and that for each tractor trailer truck, a minimum of two smaller trucks would be required to export the goods from this FAPlanning & Zoning Commission \Minutes\2004 \010604.doc Page 2 of 8 location. He just wanted to know if this project makes strategic sense for the Town of Avon. Amy Phillips, who doesn't live on Metcalf Road, voiced concern regarding the impact of more large trucks being at the intersection of Metcalf and Nottingham. She felt it will make it worse for the residents of Wildridge and that the current congestion influenced her decision to live elsewhere from Wildridge. She stated her concerns regarding the landscaping between 1 -70 and Metcalf needs to be enhanced to create an enhanced visual barrier. Public Hearing closed. Commissioner Didier clarified that the Variance is for the turning lane and truck movements into this project. He is concerned with the safety issue as the trucks will be there anyway. Commissioner Trueblood mentioned that the road does meet the traffic requirements. He didn't believe denial would be appropriate as it is a Use by Right. Change of use of the building would void this Variance. Vice Chairman Karow questioned the level of service of traffic at the intersection of Nottingham and Metcalf. Norm Wood, Town Engineer, replied that the intersection was a Level C. There has been a preliminary study for a development to the west of this intersection and in order to stay with a Level C of Service, a minor modification of a left turn lane on Nottingham Road that would be a free right turn lane onto Metcalf. Mark Donaldson approached the podium. He wanted to add for the record that the third loading dock does enhance and improve the level of safety with the truck movement. He mentioned increased landscaping would be addressed at Final Design Review. After review and deliberation, Commissioner Trueblood motioned to approve the Variance Application, Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision, 910 Nottingham Road, Resolution No. 04 -04, from the requirements of the section 17.24.02.1 and section 17.24.03.3 of the Town Zoning Code and to include staff conditions. Commissioner Didier seconded. The motion carried unanimously. VIII. Sketch Design Plans A. Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision 910 Nottingham Road Mountain Center Applicant: Vail Resorts /Mark Donaldson The applicant is proposing this Sketch Design plan for the existing Mountain Center building on Nottingham Road just west of the Metcalf Road intersection. The sketch design plan is to approve a newly configured loading dock, revised floor plans and elevation. This application is being reviewed in conjunction with a Variance application. FAPlanning & Zoning Commission \Minutes \2004 \010604.doc Page 3 of 8 Tambi Katieb presented the staff report and recommendations by staff. Staff is recommending approval of the application along with conditions 1 — 10 as outlined in the report. Mark Donaldson approached the podium. He agreed with all staff recommendations. He responded to the questions of a third loading dock, as it would assist getting the trucks off the street and into bays. Commissioner Smith voiced concern regarding the landscaping and Mr. Donaldson stated that he would find each piece of green to landscape but there is limited practicality. Commissioner Didier stated the public concern for the traffic. Entertainment of public comment was made. Mike Cacioppo approached the podium and mentioned that to deny another loading dock would create a need to coordinate timing of the trucks rather than more traffic. He voiced concern that the traffic study was paid and provided by Vail Resorts. He brought up the potential development to the west and its impact on traffic. Peter Buckley approached the podium as a citizen and expressed that there is no advantage to the town in revenues from sales tax to have additional trucks in the area. He asked for the commissioners to think about how their decisions are affecting the Town and its interests. Commissioner Trueblood thought the third dock would help to eliminate back up of trucks on the road. After deliberation, Commissioner Trueblood moved to approve Sketch Design Plan, Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision, 910 Nottingham Road, Mountain Center, with conditions as listed by staff. Commissioner Didier seconded the motion. All commissioners were in favor and the motion carried unanimously. B. Tract Y, Mountain Star Subdivision Metcalf Road (address not assigned) Applicant: Mark Donaldson The applicant, Victor Mark Donaldson ( "VMD ") has submitted a Sketch Plan application for a business and storage facility consisting of 141,130 sq. ft. located on Tract Y, Mountain Star Subdivision referred to as the Wildridge Business Park & Storage Facility. There are three (3) buildings proposed, which include 88,065 sq. ft. of self- storage /warehouse on the upper floors and 53,065 sq. ft. of I/C warehouse space on the ground floors. Accompanying this application is a Special Review Use application for a caretaker unit on -site. Ruth Borne presented the staff report to the Commission that included the history of the site. FAPlanning & Zoning Commission \Minutes\2004 \010604.doc Page 4 of 8 Mark Donaldson, representing the applicant, approached the podium. He does not feel the staff's recommendation for denial is appropriate and would prefer to see tabling of this application rather than denial. Chris Jergens, project coordinator from Mark Donaldson's office, and Buzz Victor of United Stor -All were present. Buzz Victor has developed self- storage in over 12 states; he is the founder of the Self- Service Storage Association, approached the podium. Mr. Jergens reviewed the parking issue and the determination of 1 space for 5,000 square feet. He looked at two storage projects that exist in the Town of Avon and felt the parking was appropriate to those projects. Buzz Victor gave a brief history of the uses by the public and the useable space of such a product, traffic data for such a facility and stereotypes of the clientele. Mr. Donaldson addressed the parking issue and this project's low impact use. He simply wants to develop at a cost and at a level that his competitors are working in. Commissioner Neville questioned why procedure was not followed, as a Variance application was not submitted for the parking issue on this project. Mr. Donaldson stated he debated with staff over the format, as he was not willing to the PUD format. He will be filing a Variance application. This application will be tabled per the request of the Applicant; however, the Applicant requested that the Commission review the application for feedback. He will be returning this project via a Variance for parking in the near future. Issues arose regarding the driving access versus parking area. Eric Williams, civil engineer, approached the podium to discuss the grading plan provided was a Sketch Plan level design for the site and demonstrates construct ability. Substantial retaining walls will be built and it is recognized they may be greater than demonstrated on the plan. He recognizes the need for greater detail to the plans provided. He further mentioned that all grading and drainage, access driveway, improvements to Metcalf road all follow the guidelines for the Town of Avon. Issues of maintenance of runoff around the buildings such as drainage tunnels to avoid backup and wildlife mitigation issues need to be addressed. Lighting is an issue on this project and Mark Donaldson responded that he wished to minimize lighting impact. Commissioner Karow questioned mudslides, as those that occurred years ago on Nottingham Road, and Mr. Williams that a large sump or parking lot could be used for flow thru and that he would prefer to consult with a geotechnical engineer. His concerns are based on site disturbance with retaining walls on all sides, three buildings and its height. Staff had not responded to a letter dated October 14, 2003 and Chris Jergens requested it be part of the record. After review and deliberation, Commissioner Didier motioned to table Sketch Plan, Tract Y, Mountain Star Subdivision, Metcalf Road (address not assigned), FAPlanning & Zoning Commission \Minutes\2004 \010604.doc Page 5 of 8 Applicant: Mark Donaldson. Commissioner Smith seconded the motion. All commissioners were in favor and the motion carried unanimously. IX. Special Review Use Applications— PUBLIC HEARING A. Tract Y, Mountain Star Subdivision Metcalf Road (address not assigned) Applicant/Architect: Mark Donaldson The applicant is requesting a Special Review Use permit for a caretaker unit on Tract Y, Mountain Star. The request is consistent with the I/C zone district and a caretaker unit is encouraged throughout the governing rules, regulations, and Comprehensive Plan for the Town. Staff cannot support this application due to the concerns listed in the Staff Report for the design application on Tract Y based upon established criteria. Ruth Borne presented the Staff Report. No comments from the Applicant, Mark Donaldson, were made. Opened for public hearing with no response. Public hearing closed. Commissioner Didier moved to table Special Review Use Application, Tract Y, Mountain Star Subdivision, Metcalf Road (address not assigned), with Commissioner Smith seconding the motion. The motion carried unanimously. B. Drive -thru Bank — PUBLIC HEARING Lot 6, McGrady Acres Subdivision 86 Post Boulevard Resolution No. 04 -02 Applicant: Edinburgh Corporation Edinburgh Corporation is proposing a drive -thru facility on Post Boulevard for a bank. A bank drive -thru facility is the subject of this review and permit application, not the actual bank (which is a use by right in this zone district). Access to the site is from Post Boulevard. Ruth Borne presented the staff report. A correction to the Staff Report is that Lot 6 was annexed to the Town in 2002 not 2001 and was zoned as Neighborhood Commercial. Staff believes it is a permissive use and the drive -thru lanes are the primary issue with this application. Staff recommended approval of this project. Mike Bowen, applicant representative, approached the podium. The drive -thru banking service does not exist elsewhere in the Town of Avon. Revenue would be beneficial to the Town by this project. James Thomason, representative for Mesa Banks, addressed the issue of hours of operation. Drive -thru availability would be until 6 pm daily. The drive thru may be equipped with ATM. Carol Krueger, Eaglebend resident, approached the podium. She questioned the hours of operation and sought validation of those hours to be concrete. Increased night traffic, night noise of vehicles and the additional traffic, which FAPlanning & Zoning Commission \Minutes\2004 \010604.doc Page 6 of 8 would be created, are her major concerns and not pinned down to conceptual drawings. Amy Phillips approached the podium. She voiced her concerns with the development in regard to pedestrian and bicycle traffic. Guy Erickson approached the podium. His home is next door to this project and feels this project will compliment the town. Public hearing closed. Mike Bowen approached the podium to respond to commissioner inquires regarding parking, pedestrian access, bicycle access and landscaping. After review and deliberation, Commissioner Trueblood made the motion for approval of Special Review Use Application, Drive -thru Bank, Lot 6, McGrady Acres Subdivision, 86 Post Boulevard, Resolution No. 04 -02. Commissioner Neville seconded the motion with the five conditions, and all commissioners were in favor. X. Variance Applications — PUBLIC HEARING A. Lot 20, Block 2, Benchmark at Beaver Creek Subdivision 48 E. Beaver Creek Boulevard Resolution No. 04 -01 Applicant: Sanjay Manandhar / Narayan's Thai The requested variance is intended to reduce the Town parking code to allow delivery and pick -up lunch service at the Benchmark Plaza ( "Boat" building). Currently, Narayan's Thai is a dinner -only establishment due to parking constraints. Restaurants are a 'use by right' in this zone district; however, available parking is slightly short of the requirements to permit the full use of a second restaurant in this location. Matt Pielsticker commented that no complaints have been received regarding Vista Restaurant and their lunch service approved last April. Public hearing opened and closed with no public comment. After review, Commissioner Him made motion to approve Variance Application, Lot 20, Block 2, Benchmark at Beaver Creek Subdivision, 48 E. Beaver Creek Boulevard, Resolution -No. 04 -01, with the three conditions as presented in the Staff Report and allowing lunch service to include delivery, pick up and dine in. Commissioner Smith seconded. The motion passed unanimously. XI. Master Sign Program A. Lot 22, Block 2, Benchmark at Beaver Creek Subdivision 240 Chapel Place Applicant: Greg Gastineau, Timberline Management FAPlanning & Zoning Commission \Minutes\2004 \010604.doc Page 7 of 8 Greg Gastineau, property manager for Chapel Square, is proposing a Master Sign Program (MSP) for the entire Chapel Square PUD. This application allows all existing signage on the property remain in place, and sets standards for new monument signs, banner signs, and new tenant signs. Ruth Borne discussed this application. The applicant is working on providing the civil drawings and evidence of the easements. Staff will work with the Applicant to resolve the issues with the banners. The Applicant has requested tabling instead of denying the application. Staff would like to have approval for the tenant signs, labeled Type B and Type C. After brief review and deliberation, Commissioner Smith made motion for approval and Commissioner Him seconded the motion. All commissioners were in favor. Commissioner Neville motioned to table signs labeled Type A and Type D, with Commissioner Didier seconding the motion. The motion carried unanimously. Xlll. Other Business A. Sample Lighting Ordinances B. Review and Scheduling of Zoning and Design Review Applications X. Adjourn Commissioner Him made the motion to adjourn. Commissioner Didier seconded and the motion was unanimously approved. The meeting adjourned at 8:30 pm. Respectfully submitted, Ruth Weiss Recording Secretary APPROVED: Andrew Karow Vice Chairman Terry Smith Secretary FAPlanning & Zoning Commission \Minutes\2004 \010604.doc Page 8 of 8