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PZC Minutes 101601 (2)Minutes of Planning & Zoning Commission Regular Meeting October 16, 2001 Council Chambers Town of Avon Municipal Building 400 Benchmark Road Call to Order The meeting was called to order at 6:00 p.m. Roll Call All Commissioners were present with the exception of Commissioners McClinton and Klein. III. Additions and Amendments to the Agenda Item VIII, Lot 12, Block 4, Wildridge PUD Amendment is moved to Item VII. IV. Conflicts of Interest None V. Consent Agenda A. Approval of the October 2, 2001 Planning & Zoning Commission Meeting Minutes Commissioner Macik moved to approve the Consent Agenda. Commissioner Sipes seconded the motion. The motion carried unanimously with Commissioner Wolfe abstaining. VI. VILLAGE AT AVON A. Affordable Housing Applicant: Wintergreen Homes Owner: Traer Creek, LLC Eric Smith, representing the applicant, showed elevations and color boards to the Commission. Window colors will be off-white. Commissioner Wolfe asked about increasing the elevations and raising the ridgeline of the two in the middle. It is too large of an unbroken line. Jeff Spanel of Wintergreen Homes discussed various ideas with the Commission. Chairman Evans said they are pleased with what has been done. B. Preliminary Plan -Filing 2 Resolution No. 01-17 Ruth Borne, Director of Community Development, said the Preliminary Plan is for the affordable housing project. Jeff Spanel of Wintergreen Homes reviewed the plans with the Board. Commissioner Karow moved to approve Resolution No. 01-17 recommending approval of the Preliminary Subdivision Plan for the Village at Avon, Filing 2. Commissioner Sipes seconded the motion. The motion carried unanimously. C. Design Review Process and Procedures There was discussion on how communications would be handled from the Planning and Zoning Commission through their representative to the Village at Avon Design Review Board. It was decided plans and guidelines would be submitted to the Town and in tum, would be given to the Commission for review. A vote would be taken by the Planning and Zoning Commissioners. Their representative would then take that vote along with the Commissions' comments to the Village at Avon Design Review Board. Commissioner Wolfe asked about the timing for review. He said in accordance with the Village at Avon Annexation and Development Agreement, a copy of plans would be forwarded to the Town of Avon Planning and Zoning Commission 35 days prior to the meeting of the Village DRB. We want to adhere to that. Ruth Borne suggested that new items could be put on the Planning and Zoning Commission Agenda and a draft of the minutes from that meeting could be faxed or e-mailed to the representative and he then could bring them to the Village DRB meetings. Commissioner Wolfe commented on the existing guidelines for K and L. He said they are very basic and have a lot of holes in them. It is not complete enough for the Village DRB to be able to do a good job. Commissioner Karow said there will be several different guidelines written by the Village DRB for various submittals. The employee housing guidelines will be written separately. It was asked who in Traer Creek will be writing those guidelines. Shane Bohart with Traer Creek said the guidelines will be written by Arthur Erickson's office and also Peter Jamar's office. Commissioner Wolfe suggested the Planning and Zoning Commission give the Village something more complete to work with. He asked if Staff could send a copy of the Town's revised Guidelines to Traer Creek for their use. Chairman Evans asked that reduced sets and colored elevations of incoming plans from Traer Creek be included in the Commissioner packets. D. Home Depot Shane Bohart with Traer Creek reviewed the design. Colors were discussed. Commissioner Sipes said he had the same comments as he had for the employee housing; it is not an alpine design. He has concerns about the roof, the fagade and the canopy. Chairman Evans said they cannot review and comment on 118,000 sq. ft. which had just been presented to the Commission tonight. He suggested tabling this item to give time for review and discuss it at the next meeting so the Commission is able to give some valuable feedback. One Minutes of P&Z Meeting October 16, 2001 Page 2 of his suggestions was to do ballasted EPDM for the roof so an earth -tone river rock could be used. Commissioner Wolfe commented that the citizens of the town are not going to like this design. He asked if the Commission could schedule another work session and invite Council and Bill Post. Chairman Evans agreed with the suggestion. VII. PUD AMENDMENT - Public Hearing A. Resolution No. 01-16 Lot 12, Block 4, Wildridge Project: Single Family to Duplex Applicant: Town of Avon Owner: Alice Leeds Address: 5712 Wildridge Road East Burt Levin, Town Attorney, said the applicant, prior to purchasing this property, inquired of the Town what the zoning was for this lot. The Town informed her through a fax by its zoning administrator that the lot was zoned duplex. She relied on that information in deciding to buy the lot. She bought it on the assumption it was a duplex lot. The information the Town provided was wrong. The lot is actually zoned single family. Staff concluded that as a practical matter, the owner had done exactly what she should have done to ascertain the zoning on the lot before signing the contract to buy. The owner's reliance on the erroneous factual information she received from the Town was reasonable. She could make a plausible argument in court if she is not successful in changing this lot to duplex zoning. If a person detrimentally relies upon erroneous information provided by a governmental entity, then the Town is estopped from denying the owner remedy. Ruth Borne said Staff feels the application complies with the PUD criteria primarily because there are only 14 lots out of 353 lots in Wildridge that are zoned single family. There is only one other lot in Block 4 that is zoned single family. Staff recommends approval. Four letters of opposition were received from residents of Wildridge. Commissioner Wolfe asked if it was correct that the reason why this lot is zoned single family is that a development right was transferred to a lower lot in the early days of Wildridge. Ms. Borne said that is not her understanding. The original Wildridge plat showed it as single family. Commissioner Sipes said it says here (reading from a letter received from residents John and Janet Perdzock) that it was rezoned in 1981 from duplex to single family to compensate for an overall Wildridge plat density increase from approximately 830 to 849 units. Stuart Borne approached the podium. He said he is a real estate developer and an attorney and is speaking for the applicant, Alice Leeds. He said this lot was rezoned from duplex to single family and portions of the Town records were not updated. Every other lot in Block 4 except two were zoned duplex or multifamily. He showed a color -keyed picture of the platted area. He said Ms. Leed's key decision for buying this lot was made on the information given by the Town. She relied to her detriment on the Town's representation and has been injured due to their erroneous information. Her reliance on the Town's information was reasonable. We are asking for the lowest impact solution which would be the PUD rezoning. There are other solutions; one of which would be monetary compensation for the difference in value. There would be no precedent set due to the extenuating circumstances of this application. The Town Minutes of P&Z Meeting October 16, 2001 Page 3 made a mistake and needs to rectify it. The lot is almost an acre in size and is large enough for a duplex residence. It abuts Forest Service property and open space. Chairman Evans commented that Mr. Bome's color -keyed photo of the platted area which he showed to the Commission was in error in several places. Commissioner Wolfe asked if Ms. Leed's had any red flags on the zoning to cause her to question the information given by the Town; possibly with the real estate listing, a legal review, or the Wildridge covenants and documents. Mr. Borne said no. She had a right to and did rely on the zoning information given by the administrator of the Town. The Public Hearing was opened. John McDonald who lives on Block 4, Lot 10 in Wildridge spoke about the letters from residents that had been sent to the Town in August of 2000 opposing this rezoning. He said he did not know this lot had been zoned single family in order to meet some requirement of density for the development. The trade had something to do with density, so let's not increase the density here. Normally you would have a title policy and get a set of covenants stating the zoning requirements before you buy property. What is recorded would prevail over what is kept in- house by the Town office. Everything has been built single family around this area even though the lots are zoned duplex. We would like this lot to remain single family. Randy Smith spoke saying he just closed on a duplex house at 5711-13, East Wildridge Road. It is a daunting task to buy a home and in doing so he said he relied very heavily on what people told him. He thought Alice did her due diligence in getting her information. He does not believe the mistake the Town of Avon made changes the integrity of the Wildridge neighborhood. It is mostly duplexes and zoned for duplexes. The Public Hearing was closed Commissioner Karow said the PUD criteria is the basis for reviewing this application. It conforms with Criteria Numbers 1 and 2. Town Staff believes it is consistent with the goals and policies of the Town. He agrees with Staff. Commissioner Wolfe had difficulty in deciding this issue just on the basis of the PUD requirements. He was not convinced the applicant did rely solely on the information the Town gave. There are too many other sources of information and her own lawyers review should have raised a question as to what the Town was conveying through a simple fax table regarding the zoning. Second, there was a trade of development rights for this lot. It was selected to go from duplex to single family. If the applicant is due some remedy, it should be other than changing this zoning which is against the wishes of the neighbors. He was against rezoning this property. Commissioner Macik said he would follow Staffs recommendation per the Criteria Numbers 1-10. Commissioner Sipes agreed that this application should be reviewed by the Design Criteria. He said this application meets the criteria, particularly Numbers 1 and 2 due to the fact the neighborhood is predominantly duplex residences. Chairman Evans was not convinced the upzoning of this lot is warranted from the standpoint of the PUD Review Criteria. Other factors in play here are what was the original approved density Minutes of P&Z Meeting October 16, 2001 Page 4 for Wildridge. He is concerned about the precedence that this would set. How many single family lots do we have left in Wildridge and what would be the impact on those. Commissioner Karow moved to approve Resolution 01-16 recommending approval of an amendment to the Wildridge PUD to establish Lot 12, Block 4, Wildridge Subdivision as a duplex lot. Commissioner Sipes seconded the motion. The motion carried 3-2 with Commissioners Wolfe and Evans opposing. VIII. MODIFICATION TO APPROVED PLANS A. LOT C, Avon at Beaver Creek Projects: Sheraton's Mountain Vista Entry Truss; Bus Stop Applicant: Vistana, Inc. Address: 160 Beaver Creek Boulevard West Ruth Borne stated the bus stop was previously approved and is in the packets to show you what they are doing. Ms. Borne said the applicant is here to go over the design revision for the entry truss discussed at the last meeting. Jeff Edwards, Director of Construction for Starwood, said they have concluded that option one is the one they would like to do. It matches the rest of the fagade of the building. Chairman Evans said he is fine with any of these solutions. He would like to see a vertical column with the stone up five feet or so; as shown on R-3. Commissioner Sipes said they should tie the planter in with the wall behind it so the column would be tied in. Commissioner Wolfe agreed that the planter should tie in with the column. It does not matter to him if the stone base is battered or vertical. He believes this whole effort is focused on the wrong part of the problem. The problem is not the base of the column but the shape of the truss or lack of attachment to the main building. Would there be a way to change the outer truss to match the inner truss. If the Commission is unwilling to have the truss changed, then the proposal to go with the vertical stone base and the wood detailing and what works with the planter, in his opinion, is a give up solution. Commissioner Macik said he stands by his original comments two weeks ago. The truss should change, not the base. Commissioner Karow agreed. Chairman Evans said he is trying to look at this practically. What can we get that is going to work. He agreed the truss should be changed; but, it is not realistic. The next step in this process would probably be an appeal to Council who, in his opinion, would not agree to the truss change. He agreed the mismatching trusses do not look good. He would like to see the vertical pier underneath it straightened out. Commissioner Sipes agreed they need to be realistic on this. Commissioner Wolfe moved to approve the redesign of the inner truss support structure to eliminate the batter on the outer surface and to link the base of the stonework into the planter structure behind it to integrate the column so that it appears to be part of the building. The steel column must be clad with wood as shown in R-1 with a metal band at the top of the base where Minutes of PBZ Meeting October 16, 2001 Page 5 it adjoins the transfer beam. Commissioner Sipes seconded the motion. The motion carried 3-2 with Commissioners Karow and Macik opposing. IX. OTHER BUSINESS A. Discussion on Approvals/Conditions Commissioner Wolfe asked if Staff could send out an e-mail when new plans from the Village at Avon are received so those who want to come in and look at them can do so. Chairman Evans commented that the Eagle County Planning and Zoning Commission has a condition of approval on their decisions that any statement or representation made by the applicant during any meeting prior to approval is considered a condition of the approval. That would be anything on the tape recording of the meeting. This would give them the ability to go back and review the records to pull out statements made by the applicant. Ms. Borne said Staff would like to look at the language and look at some alternatives and present it at the next meeting. Tambi Katieb, Planner, said what this does is heighten the awareness of the applicant. When you put those statements made on the tape against the conditions listed on paper on an approval, they do not hold up. B. Resolution No. 01-18 Commission Appointment to the Village at Avon Design Review Board Commissioner Karow resigned as the Planning and Zoning representative to the Village at Avon Design Review Board. A nomination was made to appoint Commissioner Wolfe as the new representative. Commissioner Sipes moved to approve Resolution No. 01-18 appointing Ron Wolfe as the Planning and Zoning representative to the Village at Avon Design Review Board and Andrew Karow as the alternate. Commissioner Karow seconded the motion. The motion passed unanimously. C. Lot 77, Block 1, WR - Orchard Town Homes The colors on the door and window trim will be changed to white. D. Review of Proposed Design Guidelines 2001 Mr. Katieb said the main difference on this revision is we have combined the residential and commercial sections. We would like to have a resolution to adopt the guidelines by the next meeting. We would then send it on to Council so they could have three meetings to review the guidelines by the end of December. Individual comments should be sent in by a week from today and then schedule a meeting if necessary. E. Staff Approvals: Lot 12, Block 1, Wildridge Subdivision 2190 Saddleridge Loop Berm Revegetation Minutes of PBZ Meeting October 16, 2001 Page 6 2. Lot 75, Block 4, Wildridge Subdivision 5601 Wildridge Road East Deck Stain and Revised Stucco Color 3. Lot 43, Block 1, Benchmark at Beaver Creek 520 Nottingham Road, Units B&C Grading for Units B&C and Stucco for Unit C 4. Lot 36, Block 2, Wildridge 0238 Beaver Creek Boulevard, Units A&B Remodel F. Sign Permits Lot 23, Block 1, Benchmark at Beaver Creek 810 Nottingham Road Ruggs Benedict Sale 2. Lot C, Avon Center 160 Beaver Creek Boulevard West "S" for Sheraton's Mountain Vista 3. Lot 22, Block 2, Benchmark at Beaver Creek 222 Chapel Place "Panda City" X. ADJOURN Commissioner Karow moved to adjourn the meeting. Commissioner Sipes seconded the motion. The motion passed unanimously. The meeting adjourned at 8:23 p.m. Respectfully submitted, Cecelia Fenton Recording Secretary APPROVED: November 6, 2001 Chris Evans Chairman A/ gm Paul Klein AV Secretary ' Minutes of P&Z Meeting October 16, 2001 Page 7