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PZC Minutes 121603Minutes of Planning and Zoning Commission December 16, 2003 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 Smith. III. Additions and Amendments to the Agenda There are no additions or amendments to the Agenda. IV. Conflicts of Interest There were no conflicts of interest disclosed. V. Consent Agenda Commissioner Him motioned for the approval of the Meeting Minutes from the November 18, 2003, Planning & Zoning Commission Meeting. Commissioner Karow seconded the motion. The motion passed unanimously. VI. Special Review Use Applications A. 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 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. Staff has requested that the application be tabled to a subsequent meeting. Matt Pielsticker, staff planner, requested the tabling of this application to January 6, 2004. This application became complete a few days ago and there was insufficient time for staff to prepare a review or respond to the Traffic Analysis that was recently submitted. FAPlanning & Zoning Commission\Minutes\2003\121603.doc Page 1 of 7 Mike Bowen, representative of the Edinburgh Corporation, approached the podium and described the history of this lot. Mr. Bowen performed the traffic study with a firm out of Denver. A tabling is recommended since the traffic study was submitted the day before packets were distributed. Chairman Evans questioned the completeness of the application, and staff responded that this application should be presented at the next anticipated meeting on January 6, 2003. PUBLIC HEARING OPENED Bobby Banks, Eaglebend resident and neighbor to this site, voiced his support of a bank on this site. He believes the residents of Eaglebend should work with the property owner to encourage a bank, because other options such as a fast food establishment, are distasteful. He would like the Commission to consider that the adjacent property should also be accountable. PUBLIC HEARING CLOSED Commissioner Karow motioned to table item VI, A, Special Review Use Applications, Drive-thru Bank, Lot 6, McGrady Acres Subdivision, 86 Post Boulevard, Resolution No. 03-19, Applicant: Edinburgh Corporation, to the Planning and Zoning Commission Meeting scheduled for January 6, 2004. Commissioner Him seconded the motion. The vote passed unanimously. PUBLIC HEARING OPENED B. Planned Unit Development Amendment Lot 61, Block 2. Benchmark at Beaver Creek Subdivision 0075 Benchmark Road Project Type: PUD Request Applicant: Michael Hazard This Lot 61 PUD application is designed 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. Staff has requested that the Application be tabled to a subsequent meeting, citing the issues contained in the staff report that still require resolution with the applicant. Ruth Borne presented the Staff Report to the Commission. The purpose of this Lot 61 PUD is to formalize the new building area and development standards for Lot 61 and the corresponding road alignments and Transit Center. Staff has been working with this applicant to accommodate a new 50 -foot road alignment for Benchmark Road and a new Transit Center that accommodates up to 5 buses. We have extended this PUD twice in order to bring an application to the Commission that complies with the Town Center Plan and corresponds to the financial modeling reviewed by the Town and the applicant. The most significant FAPlanning & Zoning Commission\Minutes\2003\121603.doc Page 2 of 7 elements that are being reviewed in this application tonight are a 50 -foot Right of way dedication for Benchmark Court, a Transit Center to accommodate 5 buses with a 300 square foot administrative Center, enhanced pedestrian and vehicular circulation and implementation of certain design and setback concepts that are set forth in the Town Center Plan. In exchange, Lot 61 is receiving: timeshares as a Use by Right, increased building heights, increased site coverage allowances, and a significant increase in developable density. This PUD is contingent upon a Development Agreement being entered into and approved by Council. The recommendation to table the Application in part stems from determining the development standards, particularly with regard to the timeshare units. We are requiring a minimum of 125 timeshare units at 900 sq ft and that is to comply with the terms of their financial analysis. We are also basing the proposal on a minimum of 17,000 sq ft of commercial retail space- not personal services or office space. We are in disagreement in respect to the professional offices at grade, and how to allow for office space on this project and still comply with the spirit of the Town Center plan. At a minimum, we would like to see that use as an SRU, though we still have concerns that it conflicts with the 17,000 sq ft of commercial space, the Bed and Breakfast at grade and SRU's at grade. Lastly, the parking needs to comply with current parking standards until a site-specific development plan is presented for review. Mr. Borne, the applicant representative, felt tabling is not necessary. His concern with tabling is that the vested rights of the PUD run out in February and a PUD Application Amendment has to go before Council for two readings. The property will revert to Town Center Zoning without the PUD being extended and that will create a significant financial hardship on the Applicant. Mr. Borne summarized that the applicant has given up substantial property on the north side of the Lot 61 to comply with the new Town Center, given up property which was a zero lot line (build to lot line) on the west side to create a Right of Way to re-route Benchmark Road, and given up a small amount of property and access on the south side to accommodate the Transportation Hub. In exchange, the applicant has asked to retain the net entitlements we had before with a couple of additions on entitlements that include density, timeshare use, office use, and parking reductions. The Applicant is willing to concede the Bed and Breakfast at grade as a use; would give two-year leases as an office, if retail clients were unavailable, knowing the town prefers to use retail at grade. Mr. Borne stated that stated that the retail space had a value of $2.5 million. Regarding timeshares as a use by right, Mr. Borne was willing to make concessions for a minimum of 125 units, a minimum of 900 sq ft, and anything FAPIanning & Zoning Commission\Minutes\2003\121603.doc Page 3 of 7 that diverges from that would become an SRU which currently all timeshares are a SRU. Mr. Borne discussed the height situation as the buses required greater height and the height was provided elsewhere. Mr. Borne then asked for an update to a maximum of 175 units, reduction of parking standards consistent with Lot C and might be agreeable to language that says current town standards except he would have a right to modify it at Design Review if it was merited and data was provided to support it. Mr. Borne thought that there didn't need to be specific design review requirements and voiced that the Town is not obligated to allow anyone to move forward with designs and feels it is irrational to have specific design review guidelines for this property. Chairman Evans questioned that the Benchmark road alignment must be conveyed by Subdivision Plat prior to approval of the Lot 61 PUD. Mr. Borne responded that a Condominium Map or similar plat would handle it. Commissioner Trueblood asked about the water rights issue and this property. Mr. Borne responded that the initial zoning covered the density issue and water rights. Staff included the water rights issue on their report in order to verify that the final densities were accounted for and if additional water rights were required. They would take care of the situation prior to coming to construction of the project. PUBLIC HEARING OPENED Mark Donaldson approached the podium and asked questions regarding the process. The issue of vested rights of the property was clarified for Mark. Is there draft agreement available for public review? Staff does not have a current new draft for his review. Commissioner Trueblood voiced the timeline for this project with a February 3rd, 2004 deadline. Commissioner Didier questioned the extension of time to do the review properly. Chairman Evans reviewed the conditions of the Staff Report and concessions made by the applicant and staff. He does not feel that the mixed use parking reduction is appropriate just yet, but may be through the design review or a PUD amendment when an actual design has been submitted. PUBLIC HEARING CLOSED Commissioner Neville asked about the exact increase in water rights. Mr. Borne responded by saying this was an infill development, and based on what the Town requires after further study, they have the ability to purchase additional water rights if necessary. Commissioner Karow made motion to approve Lot 61 PUD with all staff recommendations and conditions #2, and #3 (a minimum size of each timeshare unit), #12 professional offices are allowed at grade as a Special Review Use, and FAPlanning & Zoning Commission\Minutes\2003\121603.doc Page 4 of 7 #13 (Bed and Breakfasts are eliminated from any use). Commissioner Didier seconded the motion. New Benchmark Court must be conveyed in a method agreeable to staff. Chairman Evans would like to add the Condition #1 in Staff report and add a condition that the issue of vested rights be clarified and resolved to staff's satisfaction according to State Statutes and Avon Municipal Code. The Lot 61 Development Plan must be limited for vesting purposes only with specific provision for insuring the complete PUD planning process is completed prior to commencement of any development. Chairman Evans asked for specifics on the Design Review Guidelines. Ruth Borne responded for staff that there are currently only general design guidelines that do not specifically address the terms and conditions of the Town Center Plan. Staff needs to insure that when Lot 61 comes on line that there are additional requirements and restrictions on the design that have the approval of the Planning and Zoning Commission. Without these guidelines in place, adequate standards do not exist to implement the Town Center Plan properly and address the arcade vision, transit area and the pedestrian area. Staff recommended tabling so that clarification of design guidelines can be addressed. Commissioner Karow withdrew his initial motion. Tambi Katieb voiced that staff would prefer that this application not be denied for the reasons that staff has worked with the Applicant for months and prefers tabling to allow the application to move forward with a unanimous recommendation through the public process. Commissioner Trueblood made motion to table this issue until January 6, 2004, Planning and Zoning Commission meeting with the consideration that if staff finds that the applicant is correct with the timeline and problems with the 2 council meetings, there will be a special meeting and hearing to review this project. Commissioner Him seconded the motion. This motion passed 4 to 2. VII. Minor Projects A. Lot 40, Block 3, Wildridge Subdivision 4540 Flat Point Accent Lighting Applicant/Owner: Mike Farr Staff has received this Minor Project application for the addition of accent lights on a newly constructed Flat Point single-family residence. The proposed lighting was not part of the original design approval. The application proposes 17 "accent" lights in total, with lights on every elevation of the home. Matt Pielsticker presented the Staff Report on this project. Mike Farr approached the podium to discuss the lighting product he wished to use that requires a 150 -watt bulb and the amount of lights to be installed. He FAPlanning & Zoning Commission\Minutes\2003\121603.doc Page 5 of 7 would like to keep the number of lights but is willing to lower the wattage. Commissioner Karow read the code that states floodlights are not permitted. Commissioner Neville made motion to deny with Commissioner Him seconding, all Commissioners were in favor and the denial passed unanimously. B. Lot 28, Block 3, Wildridge Subdivision 4491 Wildridge Road West Fencing Applicant/Owner: Marjorie J. Marks The applicant is proposing a four to six foot high green mesh fence to keep deer off her property. The fence has already been installed, and staff has asked that she fill out this application since all fences require specific approval by the Planning and Zoning Commission. The fence does not comply with the Town guidelines. Staff recommended denial on the fencing. Commissioner Him motioned to deny with Commissioner Karow seconding. The motion passed unanimously. VIII. Sign Applications A. Tract B-1, Block 2, Benchmark at Beaver Creek Subdivision 220 Beaver Creek Place Gart Sports Balloons and pennant line Applicant: Mark Johns, Sports Authority — Approved B. Lot 72, Block 2, Benchmark at Beaver Creek Subdivision 110 E. Beaver Creek Boulevard Beaver Liquors Temporary Banner Applicant: David Courtney —Approved C. Tract B-2, Block 2, Benchmark at Beaver Creek Subdivision Building D, 230 Chapel Place The Board Room sandwich board sign Applicant: Matt Bryan — Denied XI. Other Business A. Approval of the 2004 Planning & Zoning Commission Meeting Schedule B. Proposed Lighting Ordinance Timeline Staff has set this timeline for a potential new lighting ordinance to be adopted by Town Council. This ordinance will be drafted with the assistance of the Commission, staff, residents of Avon, and there will be numerous chances for public input during Public Hearings. FAPIanning & Zoning Commission\Minutes\2003\121603.doc Page 6 of 7 X. Adjourn Commissioner Neville made the motion to adjourn. Commissioner Him seconded and the motion was unanimously approved. The meeting adjourned at 8:15 pm. Respectfully submitted, Ruth Weiss Recording Secretary APPROVED: Chris Evans Chairman Secretary FAPlanning & Zoning Commission\Minutes\2003\121603.doe Page 7 of 7