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PZC Minutes 11-16-2004 (2)Minutes of Planning and Zoning Commission November 16, 2004 Council Chambers Town of Avon Municipal Building 400 Benchmark Road I. Call to Order The meeting was called to order at 5:30 pm. II. Roll Call All Commissioners were present. III. Additions and Amendments to the Agenda There are no additions or amendments to the agenda. IV. Conflicts of Interest Commissioner Evans voiced conflict with Item VII, Master Sign Program — American National Bank, Property Location: Lot 70, Block 2, Benchmark at Beaver Creek Sub /71 Beaver Creek Place. Commissioner Karow stated a conflict with Item VI, PUD Amendment — The Gates, Property Location: Lot 1, Chateau St. Claire Subdivision /38390 Hwy 6 & 24, Applicant: Parkhill - Ivins, P.C. Owner: CSC Land, LLC, Resolution No. 04 -26 and Item VII, Minor Modification — The Gates, Property Location: Lot 1, Chateau St. Claire Subdivision /38390 Hwy 6 & 24, Applicant: Parkhill - Ivins, P.C., Owner: CSC Land, LLC. V. Consent Agenda Commissioner Trueblood motioned for the approval of the Meeting Minutes from the October 19th, 2004, Planning and Zoning Commission Meeting; Commissioner Didier seconded the motion and the motion passed unanimously with Commissioner Karow abstaining due to his absence. VI. PUD Amendment — The Gates - PUBLIC HEARING Property Location: Lot 1, Chateau St. Claire Subdivision /38390 Hwy 6 & 24 Applicant: Parkhill - Ivins, P.C. Owner: CSC Land, LLC Resolution No. 04 -26 Description: Michael Stornello of Parkhill - Ivins, P.C. has applied for an amendment to the Chateau St. Claire PUD (pursuant to Section 17.20.11 OK of the Avon Municipal Code) to create a financial contribution to an existing affordable housing project, a perpetual public service impact TIMESHARE AMENITIES fee, and three (3) ADDITIONAL timeshare units in lieu of a PUD requirement for six (6) on -site deed restricted units. r: \Planning & Zoning CommissionWinutes \2004 \11 1604.DOC Page 1 of 7 Eric Heidemann presented the Staff Report to the Commission and disclosed two corrections to the Staff Report: Under Staff Recommendation, Recommended Motion, the Resolution number should be changed from 04 -20 to 04 -26; and #2 should reflect a change from (2006) to the Amending PUD Ordinance. Commissioner Savage questioned the Time Share Amenity Fee and Norman Wood, Town Engineer, approached the podium to respond. Commissioner Trueblood questioned the elimination of the restaurant and employee housing. Mike Stornello, applicant representative from Parkhill- Ivins, approached the podium to answer Commissioner questions. Mr. Stornello voiced that the restaurant had been replaced by an owner amenity locker room for boots and ski equipment. A limited service bar remained in the plans. Mr. Wood had commented that the PUD was dependent on the approval of the Development Agreement. Commissioner Smith inquired as to the size of the employee units and the response by Mr. Stornello was that they were 800 sq ft with one bedroom. It was questioned if the units were to be employee housing or rental units. Conversation proceeded with the need for additional employee housing and Commissioner Trueblood expressed that these 6 units were not mandatory and the money from it could better benefit other employee housing scenarios. Commissioner Evans mentioned that this project was initially designed to be a mixed -use project with retail, commercial and housing. He continued with questioning the balance of negating 6 affordable housing units from the project in lieu of $100,000 and commented that the Planning and Zoning Commission was not the venue to decide the monetary direction of a project. Mr. Stornello responded by reminding the Commission that the new developer has been involved in this project for approximately 6 months. The restaurant was proposed as a fill for the project and the retail was intended as a guest amenity. The removal of the restaurant addressed the lack of parking for external guest use. The 2 -year extension to the Development Agreement gives the Town leverage for completion of the project and the developer is willing to concede the issue. Mr. Stornello voiced that the full time employees would total 2 or 3 at most. Commissioner Trueblood suggested 2 units be provided for these employees and put the remaining 4 units into the rental /timeshare pool. Commissioner Savage commented on the economic impact of 6 employee units as opposed to the impact fees. Commissioner Evans thought the impact fee was more economically valuable but that the Planning and Zoning Commission was not in the position to make this decision. Commissioner Trueblood expressed comfort with acceptance of the PUD as it was presented. Commissioner Trueblood motioned for the approval of Item VI, PUD Amendment — The Gates, Property Location: Lot 1, Chateau St. Claire Subdivision /38390 F:APlanning & Zoning Commission \Minutes \2004 \111604.DOC Page 2 of 7 Hwy 6 & 24, Applicant: Parkhill - Ivins, P.C., Owner: CSC Land, LLC, Resolution No. 04 -26, with the following conditions: 1. The PUD amendment is contingent upon a valid Development Agreement between CSC Land, LLC, and the Town of Avon being approved; 2. Eliminate requirement #3 (Ordinance 98 -6) for employee housing to be replaced by three fractional ownership units; 3. Payment of a $100,000 fee to the Town of Avon to mitigate Employee Housing requirements prior to the issuance of Temporary Certificate of Occupancy; 4. Payment of a Time -Share Amenity Fee to offset additional costs for transportation and recreation; 5. Failure to obtain a Certificate of Occupancy within two years of the effective date of the Amending PUD Ordinance shall automatically terminate all permits and no further development shall be permitted under existing approvals; and 6. Except as otherwise modified by this permit approval, all- material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. Commissioner Struve motioned to second. All commissioners were in favor and the motion passed 6 to 0. VII. Minor Modification — The Gates Property Location: Lot 1, Chateau St. Claire Subdivision /38390 Hwy 6 & 24 Applicant: Parkhill - Ivins, P.C. Owner: CSC Land, LLC Description: Michael Stornello of Parkhill - Ivins, P.C. has applied for the following Minor Modifications to the Chateau St. Claire PUD: provision for shared access with adjacent property to the east, relocation of light fixtures, change in exterior building color /material, and minor alterations to the exterior building elevations. Matt Pielsticker presented the Staff Report and requested of the Commission to table this application in lieu of receipt of a grading plan. Mr. Stornello asked that the grading plan be a condition of the approval of this application. Mr. Wood did not think it would be a problem. Commissioner Savage asked if the Applicant had opened communication with the adjacent property owner for the shared access and he felt it would increase the value of the adjacent property. Mr. Stornello stated that dense planting on the median strip should aid in elimination of a motel appearance. Commissioner Didier asked that the mock up have details such as shutters, railings, metal fencing and colors. Commissioner Smith asked why the planters were eliminated and the response was that the planters tend to leak and mar the appearance of the stucco and require additional maintenance expense. Commissioner Evans brought to light how the original project has been scaled down to its current form and questioned where the detail has gone. His concern regarding the disappearance of the massing such, as the original stone front, and he feared that the detailing may be totally eliminated. The message to the developer, aside from the changes presented, was to continue with detail. Mr. FAPIanning & Zoning Commission \Minutes \2004 \111604.DOC Page 3 of 7 Stornello voiced that the construction documents submitted to the Town were approved and he would present the changes in greater description. Commissioner Evans voiced the need for more definitive detail on the project. Commissioner Smith mentioned that without the detail, perhaps tabling would be most beneficial. Mr. Stornello asked for a list of the detail requested. Commissioner Evans will coordinate with Matt Pielsticker to provide said list. Commissioner Struve mentioned that if the mock up did not include detailing, it would not be beneficial to the client. Mr. Stornello suggested that prior to mock up, the commission review the preliminary mock up drawing for its approval in order to continue with the actual mock up. Commissioner Smith motioned to table Item VII, Minor Modification — The Gates Property Location: Lot 1, Chateau St. Claire Subdivision /38390 Hwy 6 & 24 Applicant: Parkhill- Ivins, P.C., Owner: CSC Land, LLC, until the next Planning and Zoning Commission meeting and staff will provide, with the assistance of Commissioner Evans, a list of the detailed items the Commission would like to review along with a revised grading plan. Commissioner Savage seconded the motion. All commissioners were in favor to table. VIII. Sketch Design — Duplex Residence Property Location: Lot 42A, Block 4, Wildridge Subdivision /5101 Longsun Lane Applicant: Greg Macik, TAB and Associates Owner. ASE, Inc. Description: Greg Macik is proposing a new duplex on Longsun Lane. The proposed building measures approximately 8,543 square feet with a maximum building height of 31'8 ". The proposed materials include a stucco finish with a combination of stone veneer and wood siding. Eric Heidemann presented the Staff Report. Greg Macik, Tab Associates, approached the podium. He commented that the snow storage can be moved and will show the necessary spaces at the Final Design Review. The mirror images will also be addressed by final design. Tab Bonidy, questioned the board and asked what massing or materials would be best to use. Commissioner Savage remarked that the type of materials help but the structure would need to be worked to change the mirror look. Commissioner Evans suggested that a double garage door, change in some materials and the like, could change the appearance. Commissioner Didier commented that the driveway was tight to Longsun Lane but it is on the setback lines and there is no movement in it. Commissioner Karow felt this application met the design review criteria. FAPIanning & Zoning Commission \Minutes \2004 \111604.DOC Page 4 of 7 IX. Master Sign Program Amendment— American National Bank Property Location: Lot 70, Block 2, Benchmark at Beaver Creek Sub /71 Beaver Creek Place Applicant: Kit Magley, Gardner Signs, Inc. Owner. American National Bank Description: Kit Magley is proposing a Master Sign Program (MSP) amendment to the American National Bank MSP. The existing program was approved for the property at the October 19, 2004 Commission meeting. The current program includes four signs including: one monument sign, one building mounted sign near the main entrance, and two freestanding directional signs. Proposed with this amendment are two additional building mounted signs. Matt Pielsticker presented the Staff Report to the Commission. Commissioner Karow questioned the previous approvals. Kit Magley, Gardner Sign and applicant representative, approached the podium for commission questions. She revealed that the plan was to have sign #4 on the same plane as sign #3. She was advised that sign #3 was a nonconforming use and sign #4 cannot be within the Town of Avon setback. Commissioner Karow mentioned that a Variance for the setback was necessary for the location of sign #4 even though the design was approved at a previous Commission Meeting. Ms. Magley commented that she was in receipt of a letter stating her application was an approved sign permit. Commissioner Smith asked regarding the distance sign #4 was to be moved and the response was 8 — 9 feet. Mr. Pielsticker responded that the site plan was not specific and he could not accurately determine setback or frontage properly. Ms. Magley began her presentation that the frontage was incorrect and was actually 149 linear square feet and not the 144 as presented by staff. Ms. Magley read the Sign Code aloud. Commissioner Smith requested the total size of the signs. Commissioner Smith questioned Ms. Magley regarding the dimensions of the Edwards American National Bank. Ms. Magley responded that it was 1 foot by 14 feet as it is in a strip mall and mentioned that all signs in this shopping district were that size. Commissioner Smith continued that it may be too much signage for the Avon building and the signage was too redundant. Commissioner Struve and Commissioner Savage both concurred with Commissioner Smith that it was too much signage. Commissioner Didier questioned staff regarding item #5 of the Staff Report and agreed that it was too much signage for this property. Commissioner Trueblood didn't think the square footage was a problem but the redundancy of the signage was the issue. Commissioner Karow's interpretation of the Sign Code was for the 149 linear sq ft and nothing more. Ms. Magley believed that a larger sign was necessary due to the size of the trees on the property. Commissioner Savage commented that the signs could be placed at F:APlanning & Zoning CommissionAMinutes \2004 \111604.DOC Page 5 of 7 the applicant's discretion but it could not exceed the sign program's footage allotment. Tim LyBarger, American National Bank representative, approached the podium and addressed the redundancy of the signs. He asked about if the two signs are on different walls was that considered redundant. Staff will resolve the exact square footage issue with an on -site visit. Ms. Magley said they could make the south elevation sign smaller by 6 sq feet. Commissioner Trueblood motioned to approve the two additional signs provided that the total sign square footage is appropriate to the size of the building and approved by Staff. Commissioner Smith seconded this motion. Commissioner Savage stated that the monument sign and wall sign would both remain. The motion carried unanimously by all commissioners present. Eric Heidemann mentioned to the Commission that a Variance couldn't be approved administratively without submission of an application. Commissioner Trueblood requested, instead of waiting until the next Planning and Zoning Commission Meeting, that a Variance approval could be made by Staff as a condition of this Master Sign Program Amendment approval for signs #3 and #4 specifically. Commissioner Smith seconded the motion and all commissioners were in favor of the motion. X. Minor Projects - Staff Approvals A. Property Location: Lot 9, Block 3, Wildridge Subdivision /5010B Wildridge Road Applicant/Owner: Jill Orsatti Description: New deck and stairs to match existing. B. Property Location: Lot 49, Block 1, Benchmark at Beaver Creek Subdivision Applicant: Sortland Contractors Owner: Lawrence Simon Description: New deck in rear of property to match neighboring units. C. Property Location: Lot C, Avon Center at Beaver Creek Subdivsion /180 West BC Blvd Applicant: Interiors Design Build, Vaughn Miller Owners: Points of Colorado Description: Automatic glass sliding doors fronting West Beaver Creek Boulevard for future tenant. D. Property Location: Tract Q, Block 2, Benchmark at Beaver Creek Subdivision 182 East Beaver Creek Blvd, Unit 104. Applicant/Owner. Nova Entertainment, LLC FAPlanning & Zoning Commission \Minutes \2004 \111604.DOC Page 6 of 7 Description: Adding additional door to Unit 104. Remove existing window and replace with door. Commissioner Evans questioned the approval of the Lighting Ordinance by Town Council. Commissioner Trueblood mentioned that the School Board would be meeting at Avon Elementary at 6:30 pm on Wednesday regarding the Village at Avon school site. Chairman Evans mentioned that during the PUD on the Gates portion of today's meeting that the Public Hearing was not addressed. For the record, no members of the public were presented for a Public Hearing to take place. Commissioner Evans continued with his concerns regarding the details of the Gates project from its inception and commented on the detail from the historical base of the project, which began in 1996. Commissioner Evans continued that a mock up six months after the project was underway would not be beneficial. Commissioner Didier mentioned that a mock up would avoid issues regarding detail on this project. IX. Adjourn Commissioner Trueblood made the motion to adjourn. Commissioner Didier seconded and the motion was unanimously approved. The meeting adjourned at 7:30 pm. Respectfully submitted, Ruth Weiss Recording Secretary APPROVED: Chris Evans Chairman Terry Smith t�-- Secretary f F: \Planning & Zoning Commission \Minutes \2004 \111604.DOC Page 7 of 7