PZC Minutes 082002Minutes of Planning & Zoning Commission
August 20, 2002
6:00 PM
Council Chambers
Town of Avon Municipal Building
400 Benchmark Road
AGENDA
I. Call to Order
The meeting was called to order at 6:10 PM.
II. Roll Call
All commissioners were present with the exception of Commissioner Macik.
III. Additions and Amendments to the Agenda
There were no amendments to the agenda.
IV. Conflicts of Interest
Chairman Evans noted a conflict with hearing A, Lot B, Avon Center at Beaver Creek, PUD
Final Development Plan.
V. Consent Agenda
The Meeting Minutes from the August 6, 2002 Planning & Zoning Commission were
approved unanimously. Commissioner Wolfe motioned for approval of the consent agenda,
Commissioner Him seconded. The motion passed unanimously.
VI. Zoning — PUD Amendments (PUBLIC HEARING)
A. Lot B, Avon Center at Beaver Creek Subdivision
PUD Final Development Plan
120 West Beaver Creek Blvd.
Applicant: Suites at Avon, LLC
Commissioner Karow opened the file. Planner Tambi Katieb gave a brief presentation of the
file. Tambi Katieb noted the final development plan has expired. The project now is to
reestablish the proposed plan. Parking is proposed as a combination of garage and surface
parking. The change in the development plan includes 22 additional accommodation units
with a reduction in the proposed commercial space, however the over all commercial space
remains consistent at 55,000 square feet. The parking plan has been reduced to 267
spaces yet the formula for parking remains largely the same. Staff recommends approval of
the plan.
The applicant, Stuart Borne, VP of Shapiro Development, gave a presentation starting off
with the introduction of the architect, developer and owners rep. He noted much of the
project remains the same with the primary difference in density shifting. The other changes
were primarily at the request of staff to make the approved design comply with existing
Town of Avon regulations. The first floor commercial space will remain the same.
Commissioner Karow opened the hearing for public input. There was no public input at this
time.
Commissioner Wolfe wanted to clarify that the first floor of Building A is commercial. He
noted there is approval for the office building further south of the adjacent property and he
noted a concern that the building will be too constrictive visually on an urban scale. Even
though there is grass adjacent to the property, Commissioner Wolfe feels that the corridor
between Lot B and Lot C will be too constrictive. He would like to see some relief through
the corridor. Currently, it is a very dense lot coverage.
Patrick Nook, the Architect for the project, approached the podium to respond to
Commissioner Wolfe's comments. He noted originally this project was designed with a wall
along the drive, however now the wall has been removed and the towers have been stepped
back. Ruth Borne, Director of Community Development noted the final phase for Lot C, the
hotel, has not gone through Final Design. Commissioner Smith asked where the original
location was. Patrick Nook responded by saying the current location of the building and set
back has stepped back from the original plan.
Commissioner Wolfe summarized the main concern for the project is density and setbacks.
He noted that whatever is approved here will have an impact on Final Design approval for
Lot C. Commissioner Wolfe noted the pitch of the roof is appears reasonable, however,
when looked at in elevation, he feels the eave to the ridgeline appear out of scale compared
to the rest of the buildings on the site and around town. He requested possibly dormering
the windows or something to bring the ridgeline down. Commissioner Wolfe believes if the
building looks good on the elevation plans, it will look good in reality. This is not consistent
with the other buildings in the neighborhood.
Commissioner Karrow commented that on sheet 1017 that there is some decorative walks
and landscaping. Landscaping is required at 20%. Sidewalks were included in the
landscaping plan. Tambi Katieb noted the landscaping plan must be revised because
sidewalks cannot be included as part of the 20% landscaping. Stuart Borne said they
would comply with the conditions for 20% landscaping. Mr. Katieb noted the height had not
changed since the previous application.
Commissioner Karrow noted he would like to see a model when they get to Sketch Plan.
Stuart Borne pointed to a model at the back of the council chambers, which showed
proportions to the neighboring properties.
Commissioner Wolfe again had concerns with the parking making sure there would be
plenty of accessibility for short term parking on the site. Mr. Borne noted time limitations for
parking are not enforceable under the current code.
Commissioner Wolfe noted parking is difficult and compact spaces are even more difficult
especially due to the fact that there are not many compact vehicles in the Town of Avon. Mr.
Borne noted staff requested all surface parking for compact spaces be eliminated.
Seeing as there was no public input, Commissioner Karow closed the public hearing.
Commissioner Karow made a motion for approval of the file, with the following conditions:
1. Remove all surface compact spaces from the site plan. Only standard size
(9'0"x18'0") parking spaces are permitted for surface parking. Total compact spaces
cannot exceed 30% of the total parking spaces in the garage.
2. Delete the proposed emergency access, and reconfigure the surface parking area to
accommodate a full one-way turning movement of the Ladder Truck (w/ 252" W.B.).
This revision must be submitted by a Professional Engineer to verify the turning
analysis.
3. The finished floor elevation of Buildings A and B must match the finished floor
elevations of the Seasons building and be verified by a Colorado licensed surveyor.
4. All parking aisles will be a minimum of 24'0" in width. Minimum clear ceiling height on
the parking structure entrance will be 7'6".
5. Landscaping will be provided at a 20% minimum that meets the Town standards for
landscaping area.
6. Both perimeter and internal sidewalks must have a minimum width of 8'0".
7. Garage spot elevations do not match the proposed grades, and require revision on
the site plan.
8. A construction -staging plan is required to address each phase of the project,
including temporary landscaping.
9. A note shall be added along with a dimensioned 'envelope' to the site plan that
indicates the future knockout area between Lot B and Lot C parking garages.
10. Architectural and design plans will be separately submitted and reviewed, and must
comply with the existing Town of Avon Residential. Commercial, and Industrial
Guidelines.
11. The PUD plan 'Parking Requirements' table shall be amended to include the
minimum parking provision of 214 parking spaces for Lot A.
12. In the event that the parking standards set forth herein are not satisfied at any phase
of the project (including the minimum provision for Lot A), then accommodation units
will be reduced to satisfy the parking requirement.
13. All underground parking must be completed in Phase 1 as proposed.
14. A revised development plan addressing all of the above conditions must be provided
one week prior to first reading of PUD Ordinance by Town Council.
15. 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 Smith seconded the motion and the approval carried unanimously.
B. Lots 22, 22A, Tracts A, B1, B2, Block 2, Benchmark at Beaver Creek
Subdivision / Chapel Square PUD
220 West Beaver Creek Place
Applicant: LB Chapel Square LLC
Chairman Evans opened the file. Tambi Katieb gave a brief presentation of the file. Ruth
Borne noted the Commission could make two separate motions if they desire. The new
owner is seeking several amendments to the existing PUD. The deadline for the completion
of the fagade was originally set for October 29, 2001. They are proposing additional parking
spaces in the chapel area. Staff supports the fagade improvement language as well as the
proposed reconfiguration of the chapel parcel, but would like to see further clarification
regarding the loading dock. Staff recommends approval of the PUD and would like to have
further review of the fagade improvement for the Wal-Mart building as well as the new paint
scheme for Chapel Square.
Dominic Mauriello, of BAI Associates, also gave a presentation noting the owner acquired
this property with many issues including the fagade, the paint, and the problems with the
hardi board. Dominic noted they are working hard to get new tenants as well as to bring the
building up to a high standards. Their concern is the timeline for the facade improvements.
They noted these did not occur because Wal-Mart is leaving. They are fully committed to
the fagade and would like to have the timeframe extended beyond the January 1, 2003
deadline. They ultimately would like to wait until Wal-Mart is gone, but they would be willing
to do the improvements next summer before Wal-Mart leave if so required. Commissioner
Evans opened the PUD file to the public. The public hearing was closed after no comments
were received.
Commissioner Wolfe commented that there were many elements involved and listed them in
order of priority. Commissioner Wolfe is against the PUD amendment on the basis of the
Wal-Mart building not being consistent with the blending in of the rest of Chapel Square and
the does not like the loading dock. He also feels the colors that are submitted do not blend
in well with the rest of the town. Commissioner Wolfe does not approve of the staff
recommendation of the forgiveness of the fine. Chairman Evans clarified that the fine
should be retroactive to October 2001 if the improvements are not done.
Commissioner Karow agrees with staff recommendations, except for the clerical change
noting January 1, 2003, as the deadline. He also asked if the developer would be willing to
change the name of the project due to the fact they were not going to build the chapel.
Mr. Mauriello addressed the Commission regarding the name change noting he had not
talked to his client about the name change.
Commissioner Smith note she feels the colors are too cold and she does not approve of the
ones on Wal-Mart. Commissioner McClinton would like to see the fine assessed retroactive
through October 2001. He too does not approve of the color scheme. Chairman Evans
noted that his recollection of the approved Chapel Square was that there was no
mechanism to force them to build a chapel, and he approves the loading dock and parking
spaces. He has a big problem with the lack of effort to get the Wal-Mart fagade done,
including the attachment of Building A to Wal-Mart. The developer prior to their involvement
wanted Wal-Mart attached to Building A. He showed an arcade attaching these two
buildings. Chairman Evans does not feel that we should move forward with a lesser
fagade. He would rather see at this point the color scheme changed and the facade at Wal-
Mart equaling what was initially done. He feels painting should be complete by January 1,
2003 with fines being retroactive to October 2001 for the fagade and he would like to see a
fagade that makes sense. Paint colors, he noted looked gray and they do not match the tan
that the renderings say they are.
Mr. Mauriello addressed the Commission agreeing they would like to correctly paint the
building according to the photographs. With respect the rear improvements to the building.
He noted it was built per what was approved. They are not in favor of redoing the rear
fagade. They are only proposing paint and stucco. In regards to the facade improvements,
time has elapsed and they are going to have an empty building that the owner will have no
control of a lease. He noted that the building C does not have an arcade and neither does
the building in the middle. They have concerns with what the future of the building, noting
that it may be demolished, or it could be split into 3 stores.
Chairman Evans voiced again his concern regarding the fagade upgrades. Commissioner
Karow suggested having the developer escrow the money to the Town of Avon. Chairman
Evans noted this might not be such a good idea. Mr. Mauriello noted Traer creek has total
control of who will come in that Wal-Mart space. Commission Wolfe asked staff if the
agreement with the Village at Avon provided compensation the Town of Avon for any loss of
sales tax caused by Wal-Mart moving out. Ms. Borne responded by saying the loss of
sales tax would be covered for the first year only.
Mr. Mauriello noted this in an anchor location and this could cause other tenants to leave if
they do not lease it to a large tenant. Commissioner Wolfe would like to table this motion to
allow more discussion with staff and the applicant to get a better mix of things. He would
like to see the previously approved fagade, the loading dock, and some considerations for
the west end of Wal-Mart as well as the imposing of the fine. He motions to table it until
the next P&Z meeting. Commissioner McClinton seconded it. Commissioner Karrow noted
this still has 2 readings at the Town Council level. He feels we are just prolonging the
process. Commissioner Karow will not vote to table it. Ms. Borne noted you could make
whatever recommendation to council to have the conditions you would like. Chairman
Evans reminded the commission that there are two different applications. There is the PUD
amendment, which can be sent to council, and the fagade improvements, which can be
tabled. Chairman Evans feels P&Z should send to council a clear recommendation of what
they want. Commissioner Wolfe noted the requirement of the proposed fagade by January
of 2003 is not attainable by the applicant, and the new fagade will be even less likely.
Chairman Evans noted this facade would not happen. The financial reality of this is we will
not get the fagade. He noted if we insist on the fagade, it would not happen because the
project will have $150,000 in fines and $450,000 in fagade improvements. Chairman Evans
would like to see some form of an arch reveal and carry it down the west side, with foam
and stucco, but not a relaxation of the fines. It is council's option to follow through with the
fine. According to the code they should be fined, and the fagade needs to show an arcade.
Commissioner Wolfe's motioned died. Dominic noted there is no ongoing fining to the
applicant, and feels that there have been extensions and waivers. Ms. Borne noted that he
is correct that fines have been waived through July 15, 2002 in order to seek some form of
resolution. Commissioner Smith would like to table this for further discussion.
Commissioner Karow made a motion to table the Final Design of this project until the next
meeting for the purpose of the Final Design of the arches and colors. The motion for Final
Design approval being tabled until the next meeting was seconded by Commissioner Smith
and unanimously passed.
Chairman Evans' recommendation to Council is that a date be set for the fagade and he is
comfortable with the January 1, 2003. Commissioner Him made a motion to approve the
PUD Amendment with the following conditions:
1. Fagade improvements to the Wal-Mart Building (Tract B-1) must be completed no
later than January 1, 2003, and 'Note 16' accordingly revised on the PUD Mylar's.
No extensions will be granted. Fines for non-compliance to the original fagade
deadline (October 29, 2001) as required in the original PUD approval will be
assessed and retroactive to that date per Town Code Section 17.40.010 (B).
2. The final location, dimension, and details of the proposed loading dock to service
Building C will be reviewed and approved through the design review process. This
will require hard-line drawings to scale, and a recalculation of the available
landscaping area for the entire project.
3. The PUD Mylar's will be revised to delete the proposed 'Chapel' from Lot 22A, as well
as revise the 'Uses by Right' chart to indicate whether or not 'Churches' is a use by
right.
4. The applicant considers revising the project name to remove 'Chapel' from the title.
5. 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 Karow seconded this motion. Chairman Evans noted they couldn't do this.
Chairman Evans would like to seethe Town Council levy fines back to October 2001. The
Commission approved the motion 5-1, Commissioner McClinton voting against.
VII. Conditions of Final Design Approval
A. Chapel Square PUD Modifications to Final Design
Proposed colors and Wal -mart fagade
Applicant: Timberline Management
This was included in the discussion of the PUD above.
B. Lot C, Phase 1B Office Building
Architectural details
Applicant: Oz Architecture
Chairman Evans opened the file. Ruth Borne, Director of Community Development, gave a
brief presentation of the file recommending approval with the exception of drawing SKA 099
not be approved because of lack of detail. That is staffs only comment. Commissioner
Karrow made a motion to approve. Commissioner Smith seconded and the motion carried
unanimously.
VIII. Other Business
Vail Valley Trading and Loan has been put on notice and will be fined accordingly if they do
not apply.
Chairman Evans presented an ad with an illegal lock -off. Chairman Evans would like to get
a reading from council on this issue.
IX. Adjourn
Commissioner Karow Motioned to adjourn. The motion was seconded by Commissioner
Wolfe and passed unanimously. The meeting was adjourned at 7:45pm.
Respectfully Submitted,
Wally Sheata, Planning Technician
APPROVED:
Chris Evans
Chairman
Mike McClinton
Secretary