PZC Minutes 111803Minutes of Planning and Zoning Commission
November 18, 2003
Council Chambers
Town of Avon Municipal Building
400 Benchmark Road
I. Call to Order
The meeting was called to order at 6:05 pm.
II. Roll Call
All Commissioners were present.
111. Additions and Amendments to the Agenda
There are no additions or amendments to the Agenda.
IV. Conflicts of Interest
Commissioner Neville disclosed a conflict with item VI, A, Confluence Overflow
Parking, The Confluence PUD, Avon Road, Resolution No. 03-18, Applicant:
Beaver Creek Resort Company and item VII, A, Lot 26/27/28, Block 1,
Benchmark at Beaver Creek Subdivision, 910 Nottingham Road, Resolution No.
03-20, Applicant: Vail Resorts/Mark Donaldson. Commissioner Him disclosed a
conflict with item VII, A, Lot 26/27/28, Block 1, Benchmark at Beaver Creek
Subdivision, 910 Nottingham Road, Resolution No. 03-20, Applicant: Vail
Resorts/Mark Donaldson. Commissioner Evans revealed a potential conflict with
item VIII, A, Lot 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision, 910
Nottingham Road, Resolution No. 03-20, Applicant: Vail Resorts/Mark
Donaldson, and by advisement of Town Attorney, John Dunn, no conflict exists
as no work is being performed. Commissioner Evans later revealed a conflict
with item VI, A, Confluence Overflow Parking, The Confluence PUD, Avon Road,
Resolution No. 03-18, Applicant: Beaver Creek Resort Company.
V. Consent Agenda
Commissioner Karow motioned for the approval of the Meeting Minutes from the
October 21, 2003, Planning & Zoning Commission Meeting. Commissioner
Smith seconded the motion. The motion passed unanimously with
Commissioner Evans abstaining.
PUBLIC HEARING
VI. Special Review Use Application
A. Confluence Overflow Parking
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The Confluence PUD
Avon Road
Resolution No. 03-18
Applicant: Beaver Creek Resort Company
Beaver Creek Resort Company is proposing to use the Confluence site for
overflow parking for Beaver Creek Resort. The permit would allow for up to 400
vehicles once all other overflow parking options are utilized. Matt Pielsticker
presented the Staff Report.
Jim Funk approached the podium to answer questions. Muddy conditions were
addressed and will be addressed as needed; he feels that this lot is primarily for
back up so as to prevent parking on the shoulders of Highway 6 when skier lots
are full and that the State Patrol will be monitoring Highway 6. Mr. Funk does not
anticipate putting in more lights and believed lights would be off around 8:00 pm_
Commissioner Didier asked about the rodeo and its impact on traffic as well as
the longevity of this plan. Mr. Funk responded with the traffic's ability to work
well and the longevity is unknown.
PUBLIC HEARING OPENS
Kathleen Walsh approached the podium with concerns of the traffic against the
Hurd Lane intersection. Dates of use were specifically addressed.
PUBLIC HEARING CLOSED
Commissioner Him motioned to approve Confluence Overflow Parking, The
Confluence PUD, Avon Road, Resolution No. 03-18, with Commissioner Smith
seconding. Motion carries unanimously with Commissioners Evans and Neville
abstaining.
B. Drive-thru Bank
Lot 6, McGrady Acres Subdivision
86 Post Boulevard
Resolution No. 03-19
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 permit application, not the
actual bank (which is a use by right in this zone district). Access to the site is
from Post Boulevard
Matt Pielsticker presented the Staff Report. Staff recommended this issue be
tabled for the next meeting. Applicant is in agreement with the tabling.
PUBLIC HEARING OPENS
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Carol Krueger approached the podium and is a resident of Eaglebend. She is
opposed to commercial being on this site. She understands that it is a use by
right and is pleased with the use of a bank for this site but is concerned with the
impacts of noise and light on the adjacent neighborhood with the drive-thru bays.
Kristy Ferrara came to the podium and wanted to voice the minimizing of
commercial use on the site. Kathleen Walsh added that the berm has not been
added to the cul-de-sac site as promised and wished that landscaping be used to
facilitate the issue of lights. Peter Buckley gave history on the site regarding
residential/commercial on the site as a concession for the dead end on
Eaglebend Drive. Carol Krueger did not want to dispute the comments by Mr.
Buckley, however, she wanted to take issue as the end of the street is
commercial and only benefited the developer. Kathleen Walsh did dispute Mr.
Buckley's comment and commercial was going in and the cul-de-sac was
compromised.
PUBLIC HEARING CLOSED
Commissioner Smith made motion to table Drive-thru Bank, Lot 6, McGrady
Acres Subdivision, 86 Post Boulevard, Resolution No. 03-19, until such time as
the application is complete. Commissioner Didier seconded the motion and the
motion passed with all commissioners in favor for tabling this issue until the
Application is complete.
VII. Variance Application
A. Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision
910 Nottingham Road
Resolution No. 03-20
Applicant: Vail Resorts/Mark Donaldson
This is a 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, with
access and turning movements that would encroach the front yard and partly into
the existing traffic lane of Nottingham Road.
Tambi Katieb presented the Staff Report to the Commission reviewing all staff
comments in detail. Staff Recommendations were: "I move to approve
Resolution 03-20, denying the Variance for Lots 26/27/28, Block 1, Benchmark at
Beaver Creek Subdivision (Mountain Center) from the requirements of Section
17.24.020.1 and Section 17.24.030.3 of the Town Zoning Code (as more
specifically described in the application dated November 5, 2003) based on staff
recommendations and according to Section 17.36.050 of the Avon Municipal
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Code, that the Planning & Zoning Commission cannot make the following written
findings before granting a variance:
A. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified in the
same district;
B. That the granting of the variance will not be detrimental to the public
health, safety or welfare, or materially injurious to properties of improvements in
the vicinity;
C. That the variance is warranted for one or more of the following reasons:
1. The strict, literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of this title;
2. There are exceptional or extraordinary circumstances or conditions
applicable to the site of the variance that do not apply generally to other
properties in the same zone;
3. The strict or literal interpretation and enforcement of the specified
regulation deprive the applicant of privileges enjoyed by the owners of other
properties in the same district."
Commissioner Trueblood questioned Norm Wood, Town Engineer, regarding
traffic analysis and the impact of additional trucks in the location. Mr. Wood
believed the capacity on Nottingham Road is approaching maximum capacity
without the impact of additional truck traffic in the area. Commissioner Karow
asked Mr. Wood regarding the size of the trucks in these studies as well as the
frequency of traffic analysis done of the area. Mr. Wood responded that the
traffic analysis is done on a biannual basis and does not take into account the
inclusion of anticipated large trucks. Commissioner Didier asked Mr. Wood to
define level C and level D as discussed in the analysis whereby how long it takes
at a traffic intersection to complete the intersection.
Commissioner Karow asked about the size of truck that would impact this loading
area and Mr. Wood responded that most trucks that provide major deliveries, run
1-70 and make deliveries to City Market, Wal-Mart and Home Depot are the WB -
67. Mr. Wood responded that this location should accommodate this size of
vehicle although there are no ordinances mandating the vehicle size at this time.
Commissioner Karow asked if accommodating a WB -67 is a specification and
Mr. Wood responded that there are no specifications or standards but it is a
recommendation of the Engineering Department.
Chairman Evans gave clarification of this Variance request. Tambi Katieb
elaborated that it is for two different sections of the code; 1) it is for the truck
movement in the Town's Right of Way and in the front ten feet, or front yard, of
the property, and, 2) it is also for the design that would least interfere with traffic.
Mark Donaldson approached the podium to discuss the issue for his client, Vail
Resorts. He discussed how the design was based on an analysis of use. The
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three models of truck turning maneuvers presented were designed for WB -55, 62
and 67 trucks. He mentioned the truck sizes are not that which would be using
the facility and noted that it would be the smaller truck that would serve this site.
The Variance issues he addressed was the off street loading and to provide a
more appropriate means of access which least interfered with traffic and met
Engineering Department standards. One truck per hour on a 24-hour schedule
was foreseen with trucks being 54' or under. Approval for the concept of riding
westbound on Nottingham Road, turn completely off the driving surface, in a
single simple maneuver and head into this driving safe zone were the request.
Commissioner Smith questioned the number of trucks coming in bound as well
as the number going outbound removing the delivered product. Rick Sackbauer,
Vail Resorts Development Company, anticipated 4 smaller sized trucks would be
moving product away from the site. He stated that the product was for food
service operations on the mountain. Facility is to provide support for Beaver
Creek Mountain operations. Mark Donaldson stated that 2 loading docks were
desired and three are being requested to maximize service. Trucks would be
out of the road for maneuvering.
OPEN PUBLIC HEARING
Dr. Doug Bryant, Avon Pet Center and Wildridge Resident, approached the
podium. He has witnessed improper truck maneuvering with the human element
of driving and safety would be a problem at this site. Peter Buckley approached
the podium in his capacity as a citizen. As his background as an engineer, he
believes that at the end of a dead end road to have a loading area would be a
huge issue. He thinks this should be relocated to a more viable site. Rick
Sackbauer returned to the podium to address Mr. Buckley's comment of why this
is to be located in this location. He directed Mr. Buckley to question the food
service division of Beaver Creek Resort for further location and delivery
information.
PUBLIC HEARING CLOSED
Commissioner Didier questioned Glenn Palmer, Alpine Engineering, on the
design of the site and it's reasoning. He discussed the limitations of the site and
that it is designed with WB 67 in mind so that smaller carriers would have greater
maneuverability. It is also designed to minimize the use of the cul-de-sac by the
trucks for turning around and this would minimize the impact on Nottingham
Road. Having the loading docks in the middle optimizes the use of the
warehouses for breakdown of product for redistribution. Simulation of WB 67
trucks forward and backup turning capabilities was used in the design.
Commissioner Trueblood believed that the proposed loading area on a current
cul-de-sac makes sense and he didn't have the same concerns as those of staff.
Commissioner Didier felt it is compatible with its location, landscaping does need
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to be addressed and his difficulty with granting a variance was he felt a better
way may be available. Commissioner Karow stated that backing into the road
would be unregulated, provided for greater safety on the road but was not
convinced that the WB 67's would not be backing into the road and affecting
public safety. Commissioner Karow does not believe that adjacent owners are
afforded the same privileges however he believes it is good for the building but
does not fully address public safety. Commissioner Smith voiced concern with
traffic safety on the public road and that truck traffic will increase beyond the
stated requirements for this Variance and a better solution may be available.
Chairman Evans does not believe that the criteria were totally met by this design
for a Variance. He would prefer to approve a design along these lines by moving
the site more to north with a better solution for safety and lack of encroachment
into the roadway. Chairman Evans mentioned the parking ratios and felt the
truck unloading may be best resolved by forward motion with backing into a
covered loading area and completing the circle by re-entrance into Nottingham.
Mark Donaldson re -approached the podium to address the concerns voiced by
the commissioners. He could elevate, strip and landscape to accommodate the
site. He is concerned that an $11 million dollar building is not used appropriately.
Glenn Palmer interjected that the cul-de-sac creates a clockwise turning area_
With some modifications to the submitted proposal, there may be a better
solution to examine. Staff will avail themselves to "the applicant to review
alternatives if the applicant so chooses. Variance requirements need to be met
and a safety solution is necessary as the impact of traffic increases.
Staff suggested that the applicant review alternatives such as separation of the
lane, moving the wall back further, and clarification on parking for support of the
variance. These issues were the same reviewed by staff and how effective this
alternative is and how can it be modified. It may best benefit the applicant as
opposed to seeking denial of the Variance as presented.
Mark Donaldson requested the tabling this variance with conditions as follows;_
Staff would avail themselves to the applicant's engineers immediately this week
or early next week so as to be ready to the next meeting and work with the time
constraints already imposed on the applicant. Commissioner Trueblood
motioned to table this Variance Application, Lots 26/27/28, Block 1, Benchmark
at Beaver Creek Subdivision, 910 Nottingham Road, Resolution No. 03-20, with
Commissioner Didier seconding the motion. Staff brought to light that a complete
application should be required. Commissioner Trueblood withdrew the motion.
Commissioner Didier moved to table this Variance until such time as the
applicant and the staff provides a revised complete application. Commissioner
Karow seconded the motion and the motion carries unanimously.
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VIII. Sketch 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 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 and
revised floor plan and elevation. This application is being reviewed in
conjunction with the Variance application.
Commissioner Smith motions to table Sketch Design Plan, Lots 26/27/28, Block
1, Benchmark at Beaver Creek Subdivision, 910 Nottingham Road, Mountain
Center, until such time as it is fully resubmitted. Commissioner Didier seconded
the motion and it passes unanimously.
IX. Master Sign Program
A. Lot A, Avon Center at Beaver Creek Subdivision
100 Beaver Creek Boulevard
Applicant: VAG Architects
VAG Architects is proposing a Master Sign Program (MSP) for the Avon Center
building. This application proposes all new signs for the property, making the
existing signage obsolete.
Matt Pielsticker presented the Staff Report. Stephanie Lord -Johnson from VAG
approached the podium to address staffs concerns. There are five client
identification signs and these would be the maximum to be used. Consistency is
a factor to follow through with color, type and shape. Some signs would be in
cursive. Submission for approval to staff will be necessary as well as clarification
on each sign to include illumination standards and bulb types.
Commissioner Him moved to approve with the 5 conditions listed in the Staff
Report along with modifications/clarifications on each sign for staff approval.
Commissioner Smith seconded the motion. All commissioners were in favor.
X. Sign Design Approvals
A. Lot 1, Block 2, Benchmark at Beaver Creek Subdivision
30 Benchmark Road (Unit #102)
"Central Rockies Mortgage"
Applicant: Paul W. Jardis
Sign application for 2 un -lit building mounted signs at the Avon Town Square
building. Both signs comply with the current Master Sign Program (MSP) for the
building.
B. Lot 21, Block 2, Benchmark at Beaver Creek Subdivision
182 Avon Road (Unit #200 & 210)
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"Prestige Cleaners"
Applicant: Patricia Prewitt
Staff approval for a sign application for a new tenant, Prestige Cleaners, in the
former Earth Wireless suite. Two signs were approved and both comply with the
MSP for the Christy Sports Building.
C. Lot 63, Block 2, Benchmark at Beaver Creek Subdivision
137 Benchmark Road
"Mountain Burger"
Applicant: Brian Nolan
Sign application for a north facing "Mountain Burger" sign on the Seasons
building. This building has a MSP, and the sign is in conformance.
XI. Minor Project Approvals
A. Lot 41 B, Block 3, Wildridge Subdivision
4350 Flat Point
Deck addition, additional space, & new entryway
Applicant: RYS Olsen
Staff has approved this Minor Project on Flat Point for a deck addition, and a
small building addition. A new front entryway was also included. Materials and
colors match the existing home.
B. Lot 12, Filing 2, Eaglebend Subdivision
4995 Eaglebend Drive
New window
Applicant/Owner: Kristina Bruce
Minor Project for a new window on an Eaglebend Drive single-family home.
Window and trim matches existing home.
C. Lot 8, Wildridge Acres Subdivision
2823 Ked Spur
Shed addition
Applicant/Owner: Mark A. Nelson
Minor Project approval for a shed addition on Ked Spur. The attached accessory
structure will match the building materials and colors of the home.
XII. Other Business
A. Lots 1&2, Nottingham Station PUD
0025 Hurd Lane
Minor Project — Doors and handrail repaint
Applicant: O'Halloran Construction
This Minor Project application proposes to repaint all sets of doors and both
handrails on the Nottingham Station building with the "California Rustic" color.
The Commission is being requested to make a motion on this application. The
color sample was available for review at the site tour and work session.
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No motion was made. Commissioners requested that the applicant be
approached with refinishing the oak doors as opposed to painting them.
Tambi Katieb gave an update on the Comprehensive Plan. Good response from
public input. Moving forward. Pre -application meeting is on December 1St
RFP's are due on the 19th of December. Mid January is focused for decision.
X. Adjourn
Commissioner Trueblood made the motion to adjourn
seconded and the motion was unanimously approved.
8:35 pm.
Respectfully submitted,
Ruth Weiss
Recording Secretary
APPROVED:
Chris Evans
Chairman
Terry Smith
Secretary
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. Commissioner Smith
The meeting adjourned at