PZC Minutes 081500 (2)Minutes of Planning & Zoning Commission
Regular Meeting
August 15, 2000
Council Chambers
Town of Avon Municipal Building
400 Benchmark Road
I. Call to Order
The meeting was called to order at 6:04PM.
II. Roll Call
All Commissioners were in attendance with the exception of Commissioners
Karow and Sipes.
III. Additions and Amendments to the Agenda
Fence Application for Lot 46A, Block 1, Wildridge Subdivision, 2410 Saddleridge
Loop, was moved to the Consent Agenda.
IV. Conflicts of Interest
None
V. Consent Agenda
A. Approval of the August 15, 2000 Planning & Zoning
Commission Meeting Minutes
B. Lot 46A, Block 1, Wildridge Subdivision
Project Type: Split Rail Fence
Address: 2410 Saddleridge Loop
Owner: Gil Fancher
There were no public comments on the fence application. Commissioner Klein
made a motion to approve the Consent Agenda, Items A & B. Commissioner
Macik seconded the motion. The motion carried unanimously with Commissioner
Fehlner abstaining from Item A, Meeting Minutes.
Item B, Lot 46A, Block 1, Wildridge Split Rail Fence was approved with the
following condition:
Minutes of PRZ Meeting
August 15, 2000
Page I
The location and design of this fence shall be as defined in the
letter dated July 19, 2000 to Ruth Borne, including the attached
revised site plan, as submitted in the application.
VI. Public Hearings
Lot 12, Block 4, Wildridge Subdivision
Project Type: PUD Amendment
Address: 5712 E. Wildridge Road
Applicant: Town of Avon
Ruth Borne, Assistant Director Community Development, made the presentation for
Staff and the Town as applicant. She stated the Town is proposing a PUD amendment
for Lot 12, Block 4, from a single-family residence to a duplex residence. The
application is based upon the fact Staff erroneously provided the owner with information
Lot 12 was zoned duplex. The Town Attorney, Burt Levin, recommended that we
proceed in this manner. Based upon the PUD criteria, Staff is recommending approval.
Staff has received four letters of objection from neighbors in the community:
John & Donnis McDonald, Lot 10, Block 4
Russell & Margaret Stuut, Lot 12, Block 4
John & Greer Gardner, Lot 82, Block 4
Lynn & Joanne Morgan, 5735 Wildridge Road East
Owner, Alice Leeds, spoke to the Commission. She stated she purchased the lot this
past September. She received a fax indicating the property permitted a duplex
residence so she would know what options were available. She was told the options
were for either a single family or duplex.
Chairman Evans opened the Public Hearing.
Donna McDonald, 5730 Wildridge Road East, did not understand how the property
could now be a duplex lot. Chairman Evans explained there was erroneous information
provided by the Town to the owner of the lot. He pointed out that the current zoning for
Lot 12 is for a single-family residence. He said that regardless of how this Commission
votes, the decision can only come from Town Council. The Commission only makes the
recommendation for approval or denial to Town Council.
Greer Gardner, 5723 Wildridge Road East, lives directly across the street from the lot.
We purchased our property with the information that Lot 12 was a single-family lot. We
were told all the lots across the street from us were zoned single family. We don't think
we should pay for an error the Town made.
Minutes of P&Z Meeting
August 15, 2000
Page 2
John Dettling, 5717-B Wildridge Road, said he lives a few yards down from this lot. His
determination to buy a home at this location was that this lot was a single family home.
He felt that it is not right that the game plan be changed now.
There were no further comments from the public. Chairman Evans closed the public
hearing.
Commissioner Fehlner asked Staff if the PUD criteria required that a development plan
be submitted for that application. Mike Matzko, Director of Community Development,
said it is not a strict requirement.
Commissioner Fehlner stated she had a difficult time reviewing this application against
the criteria. There are no development plans to review the design. It is difficult to
determine how the project complies with the design criteria. The other concern is the
requirement that the project not impact adversely the neighboring properties.
Commissioner Klein said he agreed with Commissioner Fehlner's comments. He is
concerned with the public's input on upzoning the property and their reliance upon the
current zoning of Lot 12.
Commissioner Macik agreed with the comments that were made.
Commissioner Head stated that this lot was zoned single family for some reason and
this is the Town's mistake. He saw no reason why it should be changed to a duplex
now.
Chairman Evans speaking to the owner said yes, you were provided with erroneous
information, but we also have four property owners who have written letters of
objections and three owners who have spoken tonight voicing their objections to
changing the zoning. They have just as much of a case for not upzoning the lot based
on their reliance on the information that it was a single-family lot. If we look at upzoning
in Wildridge in general, we have a problem with the PUD criteria. First, conformity and
compliance with the overall design theme of the Town. If we start allowing upzoning to
specific lots we start to destroy compliance with the design theme. Without a
development plan it is very difficult to evaluate the design compatibility with the
immediate environment, neighborhood and adjacent properties. He found conflict with
design criteria # 8, 9 and 10. He found the application as presented does not meet the
PUD review criteria items number 2, 3, 8, 9 and 10.
Chairman Evans stated the Planning and Zoning vote is merely a recommendation to
Town Council and the final decision rests with them. It would be worthwhile for the
people tonight to attend the Town Council meeting in order to make their viewpoints
known. Town Council will be provided with all of submitted information and minutes
from this meeting.
Minutes of P&Z Meeting
August 15, 2000
Page 3
Commissioner Klein moved to deny Planning and Zoning Resolution 00-6, which
recommends approval of the application for the Amendment to the Wildridge PUD, Lot
12, Block 4 as a duplex lot, based on non compliance with PUD review criteria 2, 3, 7,8,
9 and10. Commissioner Head seconded the motion. The recommendation carried
unanimously.
VII. Other Business
A. Village at Avon Design Guidelines
Parcels K and L
Mike Matzko gave a brief synopsis. The proposed guidelines are based upon the terms
of the development agreement for annexation and PUD approval. One of those
requirements was that Planning and Zoning would review the proposed Design
Guidelines for the project as a whole within 60 days. The PUD, Appendix -Subsection E
was the minimum requirement for submittal. At that time, it was not contemplated that
we would just deal with sections of the project. We are looking at the eastern most
portion of the project on Stolport itself. Approval of the Design Guidelines would
specifically facilitate the permitting and construction of two large big box retailers.
Chairman Evans commented they are losing control of this project because of a
technicality or loophole in the language. We are not getting a fully complete guidelines
submitted. We are getting an appendix that we have already seen once. I understand
that Mr. Forstman is no longer involved in the project. But, he did stand in front of this
Commission and represented that the Commissioners would have design guideline
standards submitted for review.
Mr. Peter Jamar gave his comments. He stated that the owner is not trying to
circumvent the process. A full set of design guidelines will be provided. There is a
certain time clock and schedule that has been put into motion for the project. That has
been developed in mutual discussion between Bill Post, who is a representative of the
applicant, Mike Matzko, Norm Wood and Larry Brooks. Breaking ground will happen
sometime next April or May. We have preliminary plats for K and L that will be
submitted to you later this month and final plats later in the fall. Building permit
applications will come in sometime in November. This submittal tonight is triggering this
time clock and schedule.
Mr. Jamar said, what is submitted here is the minimum requirement as worked out with
the Town Staff, Planning Commission and Council in the PUD approval; however, we
have begun discussion with Staff and would like your input. Arthur Erickson, the
architect, is working on finalizing several sections of the design guidelines: the
architectural theme, materials and colors, lighting, streetscape and adjacent site
elements, screening mechanical equipment, signage and other miscellaneous things. It
is our goal to provide something far more stringent than the Town would require. It is
important to us to strictly control the architecture and design. Input is encouraged on
every project. The purpose of this meeting is to get the time clock going.
Minutes of P&Z Meeting
August 15, 2000
Page 4
I
Chairman Evans is concerned with the design guidelines for the big box stores. Mr.
Jamar said design guidelines will be submitted in the next few months as part of the
review of the first project. Chairman Evans asked who will be reviewing those designs
for compliance with those design review guidelines which have yet to be submitted?
Mr. Jamar said there is a two-tiered system set up in the PUD guide. The Village will
have a Design Review Board, which will have a representative of the Planning
Commission. Also, plans will be submitted to the Town Staff for comments.
Chairman Evans asked about the highway interchange. Mr. Jamar stated the review
and approval process is moving forward. There will not be a lot of development before
the interchange is put in. Chairman Evans asked what is the access going to be for the
Big Box store? Mr. Jamar said it would be East Beaver Creek Boulevard and
Nottingham Ranch Road connecting with Hwy. 6.
Commissioner Macik pointed out that the Commission technically won't have 60 days to
review the architectural theme. Mr. Jamar said no, you won't have 60 days. This starts
the time line right now.
Chairman Evans asked how long will we have to review the final submitted guidelines?
What we have now is incomplete. Mr. Jamar answered, you can review them as long
as you like. Chairman Evans stated, given the impact on the Town, we would like to
fully review and provide you with good comments but we only have minimums at this
time. Don't force us into reviewing, commenting and perhaps deny what isn't even
going to be close to the final document.
Commissioner Fehlner stated, you say we are here to review and Staff says we are
here to review and approve. You say we do not approve. Mr. Jamar said we are going
to submit to you the final version of the design guidelines within the next couple of
months. You will have an opportunity to review that. There is no mechanism where
approval of it is required. You are going to see what is now in the process, you will be
able to comment on it, we will listen to your comments. Chairman Evans said, but you
are not required to. Mr. Jamar said that is right.
Chairman Evans asked Mike Matzko what is the mechanism within the PUD approval
for review of design guidelines? Could you please get that to me at a later time.
Commissioner Fehlner was concerned there is no architectural theme. Mr. Jamar
stated that Arthur Erickson is responsible for developing the theme.
Mike Matzko commented that this group has a good track record and is able and willing
to do a good job. Mr. Jamar has demonstrated many times they are willing to produce
high quality guidelines. Staff is not concerned about the eventual outcome of the design
guidelines. He suggested that this discussion be tabled until the next meeting.
Minutes of P&Z Meeting
August 15, 2000
Page 5
Mr. Jamar said we do not mean to go around you on this. We need to be working on
this together. He suggested a work session.
Chairman Evans said in the beginning, a year or two ago, this project was very
controversial. We want to be a part of the process and facilitate the process. We have
a responsibility to the Town and the general public that live in Avon. You said you have
been working on this with Town administration. It would be helpful to us if we would be
kept informed on what is taking place with you and the Town. He said we will see no
further submission until after the 60 day time line. We will be making an approval or
denial based upon what we have tonight, no more.
Commissioner Macik asked if we will have any rights past what is stated as a minimum.
Can't we require more than the minimum? Chairman Evans said no.
Larry Brooks, Assistant Town Manager, appreciates the confusion and angst that exists
about this issue. Until recently he did not realize there was an Exhibit E in the
document which was the minimum design criteria and started the time clock. He said,
many of the difficulties you are feeling I felt as well. The time clock is starting and I don't
have anything complete. I asked Mike Matzko if this was true and he said yes.
Chairman Evans said the developer should not have a problem to agreeing to an official
review period by Planning and Zoning for the final design review guidelines. That is
what we would like to have. We are missing that. We have no right of review on those.
Once we approve the minimums, we have no other input on the design. We can
comment all we want, but the developer does not have to listen to us.
A motion was made by Commissioner Klein to table this item until the next meeting for a
more complete overview. Commissioner Head seconded the motion. The motion to
table carried 3-2 with Commissioner Fehlner and Macik opposing.
B. Staff Approvals: Summary was given by Ruth Borne. There were no
questions from the Commission.
Lot 2, Avon Town Square
90 Benchmark Road
Adding of exterior vestibule to first floor corner entrance (Wells
Fargo Building)
2. Lot 41, Block 1, Wildridge Subdivision
2121 Longspur Road
Stucco color change
Minutes of P&Z Meeting
August 15, 2000
Page 6
Adjourn
Commissioner Fehlner moved to adjourn the meeting. Commissioner Macik
seconded the motion. The motion was unanimously approved. The meeting
adjourned at 7:20 PM.
Respectfully submitted,
Cecelia Fenton
Recording Secretary
APPROVED: September 5, 2000
Chris Evans
Chairman
Andrew Karow
Secretary
Minutes of P&Z Meeting
August 15, 2000
Page 7