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PZC Minutes 04-20-2004 (2)Minutes of Planning and Zoning Commission April 20, 2004 Council Chambers Town of Avon Municipal Building 400 Benchmark Road I. Call to Order The meeting was called to order at 5:35 pm. II. Roll Call All Commissioners were present with the exception of Commissioner Didier. III. Additions and Amendments to the Agenda There were no additions or amendments to the agenda. IV. Conflicts of Interest Commissioner Neville disclosed conflicts with Item VI, Rezoning Application, A. parcel of land located in the SW '/4 Section 2, Township 5 South, Range 82 West of the 6th Principal Meridian, Eagle County, Colorado (commonly referred to as "West Avon "), Resolution No. 04 -12, Applicant: The Vail Corporation and Item IX, Final Design Plan Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision, 910 Nottingham Road, Mountain Center, Applicant: Vail Resorts /Mark Donaldson. Commissioner Him disclosed a conflict with Item VI, Rezoning Application, A. parcel of land located in the SW' /4 Section 2, Township 5 South, Range 82 West of the 6th Principal Meridian, Eagle County, Colorado (commonly referred to as "West Avon "), Resolution No. 04 -12, Applicant: The Vail Corporation. V. Consent Agenda Commissioner Karow motioned for the approval of the Meeting Minutes from the April 6, 2004, Planning & Zoning Commission Meeting. Commissioner Him seconded the motion. The motion passed unanimously. Ruth Borne advised the Planning and Zoning Commission that this was her last meeting as Director of Community Development for the Town of Avon as she had resigned last week. She voiced her pleasure to have worked with the Planning and Zoning Commission. VI. Rezoning Application A. A parcel of land located in the SW % Section 2, Township 5 South, Range 82 West of the 6th Principal Meridian, Eagle County, Colorado (commonly referred to as "West Avon ") Resolution No. 04 -12 FAPlanning & Zoning Commission \Minutes\2004 \042004.doc Page I of 7 Applicant: The Vail Corporation Re- zoning of a 40 -acre parcel from "Open Space, Landscaping and Drainage" (OLD) to "Residential Medium Density" (RMD). The subject property is located directly west of the end of Nottingham Road. Ruth Borne provided copies of referrals from Carol Mulson, Eagle River Fire Protection and the Colorado Geologic Survey. Copies were available in the rear of chambers. Colorado Geologic Survey confirmed that there are issues with the geology and proposal on this property. Ruth Borne presented the staff report. Staff is recommending denial based on the four criteria of the Zoning Code, no justification to provide more affordable housing, application was contrary to the goals of preserving Open Space and its lack of compliance with the Comprehensive Plan. Property is adjacent to a current Industrial /Commercial zoned district and has no amenities for residential development. PUBLIC HEARING OPENS Tom Braun, Braun and Associates, representing Vail Resorts Development Company, approached the podium and introduced the members of his team. The Forest Service approached Vail Resorts for the Vassar Meadows Exchange with the West Avon parcel. Vassar Meadows is being protected primarily for its environmental values, wetlands and habitats, from development. West Avon is for the preservation of Open Space and to allow for development of the lower bench of the property. Vail Resorts would purchase Vassar Meadows and then deed it to the Forest Service when West Avon is given to Vail Resorts for the exchange. Vail Resorts does not have a specific plan for the project. Three hundred affordable housing units are being considered on 30 — 40 acres. Residential Medium Density (RMD) was selected because it allows for 15 units per acre and a large range of residential uses, condos, and townhomes. Addressed was the change of conditions pending with the ownership of the property. Master Plan evaluation was subjective to its policies. Ninety percent of the land would be dedicated open space. Adequate facilities and access will be the greatest challenge. Vail Resorts was looking for some direction from the town with this Sketch Plan application. Water and sewer system has been examined and can be addressed. Municipal services and other issues can be solved, transit, recreation on site, and issues that can not be changed, i.e. location, visual impact with the rest of the town and the one way in and one way out of the property. Unit type and number of units can be adjusted as well. Vail Resorts was looking for indications of how to proceed with the project. Peter Buckley, approached the podium as a citizen, and had concerns revolving around the Nottingham and Metcalf intersection. Peter Buckley will not be voting on any Vail Resorts Applications since he is currently in litigation with the applicant. The area is zoned Industrial/ Commercial. He stated proposed F:\Planning & Zoning Commission \Minutes \2004 \042004.doc Page 2 of 7 projects in this area and their impact on the public. He voiced his concern that Planning and Zoning Commission tends to view compartmentalized rather than looking at the bigger picture and in doing things that make sense for the Town. PUBLIC HEARING CLOSED Commissioner Smith voiced concerns for steep slopes, geologic hazards in residential areas, more housing units is not required, and its visual impact. Commissioner Him mentioned that the Forest Service would acquire an important parcel with Vassar Meadows by the exchange with West Avon, felt the access was a huge concern, not attractive or the best interest for the town. Commissioner Karow reviewed the criteria, felt support of the denial for the ample affordable housing units currently in existence and not a true need; agreed with the staff report with compatibility with the comp plan. Commissioner Trueblood felt access is the main issue and a single point access in a wildfire situation is a significant issue particularly with its 40% slope. Chairman Evans doesn't believe this site is for the greater good of the town and not in keeping with the goals of the town; impacts are more negative than positive. Commissioner Smith motioned to approve the denial of the Rezoning Application, A parcel of land located in the SW '/4 Section 2, Township 5 South, Range 82 West of the 6th Principal Meridian, Eagle County, Colorado (commonly referred to as "West Avon "), Resolution No. 04 -12 (denial of the Zoning Application). Commissioner Him seconded the motion. All commissioners agreed and it passed unanimously. VII. PUD Amendment Application A. Lots 54, 55, 89 & 90, Block 4, Wildridge Subdivision 5190 & 5196 Longsun Lane, 5767 & 5775 Wildridge Road East Applicant: Jay K. Peterson The applicant has withdrawn his application and will be re- submitting a revised application. PUBLIC HEARING OPENS Phil Sturve, Wildridge resident, voiced support of this application. Lynne Young, Longsun resident, does not want a throughway down their road and felt it would demise their area. Ruth Borne voiced that two letters were received for the record, one in support and the other in opposition. Barbara Bright approached the podium with her opposition of the project. Mark Merrlll, 5134 Longsun Lane, is opposed and felt that opening the cul -de -sac was the wrong way to go. John Selgood, Wildridge resident and first house on Longsun, stated what a nice and quiet street it is and is opposed to this application. PUBLIC HEARING CLOSED F:\Planning & Zoning Commission\Minutes \2004 \042004.doc Page 3 of 7 VIII. Comprehensive Plan Update and Public Input The public is invited to attend and submit oral and written comments on what issues they consider important to address in the Comprehensive Plan update. Notes from the second steering committee meeting were reviewed. Tambi Katieb provided an update to the plan. In May, the committee will receive alternative plans. He voiced the need for greater public input, as it has been minimal. Conversation involved the wastewater plant and its barn, the fireworks in the park and its impact on the town and attaching the Town of Avon with Beaver Creek ski slope as it is visible from all areas of the town. IX. Final Design Plan 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 final design plan for the existing Mountain Center building on Nottingham Road just west of the Metcalf Road intersection. The final design plan is to approve a newly configured loading dock, revised floor plans and elevations. A sketch design plan was approved at the January 6 th 2004 Planning and Zoning Commission meeting. Tambi Katieb presented the staff report. Staff is recommending approval with the seven conditions as presented in the report. Colors were presented and there were discussions regarding lighting, what lighting for safety, security and aesthetics. Jack Hunn approached the podium to field any questions for the applicant. Commissioner Trueblood had questions that would be addressed at mock up. Commissioner Karow motioned to approve the Final Design Plan, Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision, 910 Nottingham Road, Mountain Center, with conditions as presented in the Staff Report. Commissioner Trueblood seconded. All Commissioners were in favor and the motion passed 4 -0. Peter Buckley approached the podium, in the capacity of a citizen, to discuss Commissioner Evans' business involvement with this applicant. Mr. Buckley asked what the basis was for Commissioner Evans' vote. Commissioner Karow revealed that he had a ski pass. Commissioner Evans responded that he currently is doing no business with the applicant at this time and secondly that he had no financial implication, positive or negative, based on how I might or might not vote on this project. Thirdly, Commissioner Evans found that this is in conformance with all the criteria for design review guidelines for this project and results in a better use for the site than currently and is in the best interest of the town. Mr. Buckley continued to ask if Commissioner Evans' company has any FAPlanning & Zoning Commission \Minutes \2004 \042004.doc Page 4 of 7 current bids with the applicant. Commissioner Evans remarked that Mr. Hunn, seated in the audience, would be able to verify his statement. X. Other Business A. Minor Projects: 1. Lot 40, Block 2, Wildridge Subdivision 2685 Bear trap Fence and Color Change Applicant/Owner: Tim Savage Staff received a Minor Project and /or Modification application for additional split rail fencing and a color change to a single - family house on Bear Trap Road. Split rail fencing already surrounds half of the house and the color change is from a brown /maroon color to "barn red" with white trim. Matt Pielsticker presented the staff report. Tambi Katieb distributed the color scheme. Staff was seeking denial of the fence and approval of the colors. The fence is greater than a quarter of the property. Commissioner Evans voiced concerned with the red color the applicant was requesting and that it is not a natural color and felt a mock up was necessary. Commissioner Trueblood felt approval was inappropriate without a mock up. Commissioner Karow cited condition 2; fence is not compatible with the Residential Design Guidelines, and condition 5; conformance to the adopted Goals, Policies and Programs of the Town, as major concerns. Commissioner Smith voiced concern that the green roof with the red paint was not compatible. Commissioner Him motioned for denial of the fence portion of the application. Commissioner Smith seconded the motion to deny. The fence denial passed unanimously. Commissioners discussed that Wildridge was predominately neutral colors and the reds were too bright and out of context with the other residences. Colors were not in compliance with the guidelines. Commissioner Karow moved to deny the proposed color changes with review criteria 3, the fence and colors may have a negative impact on the community. Commissioner Him seconded. Motion carried unanimously. 2. Lot 2, Avon Town Square 70 Benchmark Road Fence Applicant: Avon Town Square Staff received a Minor Project and /or Modification application for a section of fence to be installed behind the Avon Town Square Building that would front the railroad tracks. All fences require specific approval from the Planning and Zoning Commission. FAPlanning & Zoning Commission \Minutes\2004 \042004.doc Page 5 of 7 Matt Pielsticker presented the staff report to the Commissioners. He voiced its location and felt it was in compliance with town codes. Staff is recommending approval as a landscape feature only. Norm Wood, Town Engineer, approached the podium. He brought to light that the fence served to divert a downpour of water and that a four foot fence would work just as well as a six foot fence. Commissioner Evans questioned the use of boulders instead of wood fence and Mr. Wood replied that if the boulder wall were done properly, it would be as effective. Commissioner Evans and Commissioner Smith were concerned with the visual impact of a six foot dog - eared fence from Avon Road. Commissioner Smith motioned to deny approval of Lot 2, Avon Town Square, 70 Benchmark Road, Fence, Applicant: Avon Town Square based on criteria two and three from the Staff Report. Commissioner Karow seconded the motion. All commissioners were in favor and the motion carried unanimously. B. Proposed Driveway Access Lot 24, Block 1, Wildridge Subdivision Applicant: Philip Matsen Staff received a Sketch Design Plan for a duplex residence on the above - mentioned property. Due to the incomplete nature of the submittal and a number of technical issues with the application it could not be scheduled for your review in its entirety. Instead of reviewing the entire sketch design due to grading and other issues with the submittal, staff and the applicant would like direction on the multiple driveway access points prior to proceeding with the complete design review process. Matt Pielsticker presented the two- driveway configuration. This design is being brought to the commission for direction on the two - driveway access. Commissioner Evans discussed the history that the Commission has approved two- driveway projects on corner lots. Commissioner Karow motioned for approval of a two driveways on this lot and all commissioners voiced approval. C. Lighting Ordinance Discussion Staff and the Commission will discuss a partial draft of the proposed lighting ordinance. The night tour will be discussed and the public is invited to attend and comment on proposed lighting standards. Matt Pielsticker opened the discussion with comments from the staff memo. Discussion revolved around the illumination of the bulbs that may be used. Floodlights and municipal lighting were brought to light.. Next meeting will discuss conversion timing and enforcement procedures. Karow suggested finding a community with a thorough plan and Mr. Katieb voiced how the Town of Eagle has a very precise plan and it is quite difficult to enforce. F:\Planning & Zoning Commission\Minutes \2004 \042004.doc Page 6 of 7 Bob asked is Holy Ccross was involved and could they be a supporter of less lights. Evans agreed that the more people that could be involved, it would be better. And, Evans said that compliance with different areas of the town, it would need to be totally supported by all areas. Matt strayed form breaking it into different zones. XVIL Adjourn Commissioner Tureblood made the motion to adjourn. Commissioner Karow seconded and the motion was unanimously approved. The meeting adjourned at 7:15 pm. Respectfully submitted, Ruth Weiss Recording Secretary APPROVED: Chris Evans Chairman Terry Smith Secretary i a FAPlanning & Zoning Comm ission \Minutes\2004 \042004.doc Page 7 of 7