PZC Minutes 05-20-2003 (2)rj
't t Minutes of Planning & Zoning Commission
May 20, 2003
Council Chambers
Town of Avon Municipal Building
400 Benchmark Road
Call to Order
The meeting was called to order at 6:00 pm.
II. Roll Call
All Commissioners were present with the exception of Chairman Evans. Commissioner
Karow acted as Chairman for this meeting.
III. Additions and Amendments to the Agenda
There was an Addition for Chapel Square Master Sign Program and under the Consent
Agenda, Lot 16, Block 1, Filing 1, Eaglebend and Lot 42A, Block 4, Wildridge.
IV. Conflicts of Interest
Commissioner Him stated a conflict of interest with Lot 75, Block 1, Wildridge
Subdivision Sketch Design.
V. Consent Agenda
Commissioner Karow opened for a motion for the approval of the Meeting Minutes from
the May 6, 2003, Planning & Zoning Commission Meeting Minutes; Final Design Review
for Lot 16, Block 1, Filing 1, Eaglebend Subdivision; and Lot 42A, Block 4, Wildridge
Subdivision be approved.
Chris Ekrum who resides at Lot 15, Eaglebend, approached the podium to discuss the
Final Design of Lot 16, Block 1, Filing 1, Eaglebend. She was concerned with the lack
of notification on the Lot 16 project. Vice Chairman Karow reviewed the legal process
regarding Final Design Review approval.
Commissioner Him made the motion for approval and Commissioner Smith seconded
the motion. The Consent Agenda passed unanimously.
PUBLIC HEARING OPENS
VI. Special Review Use Applications
A. Lot 13, Block 1, Benchmark at Beaver Creek Subdivision
411 Metcalf Road
"Fiasco" — Bar/Tavern
Owner: Dave Svabik
Resolution No. 03-07
Matt Pielsticker presented the Staff Report for this Special Review Use Application by {�
Dave Svabik for the use of a tavern/restaurant. This Application was tabled at the April
15`h and May 6th Planning and Zoning Commission Meetings. The lot currently has an
unimproved parking area and per the interior size of the proposed facility, adequate
parking of 65 spaces is required per the Parking Standards of the Town of Avon's
Zoning Code. A revised site plan was submitted on May 13th that provided 34 parking
spaces and not forty as mentioned on the Staff Report. Staff is recommending denial of
this Special Review Use Permit Application.
Dave Svabik, applicant, presented his project and its positive impact on the community.
Mr. Svabik introduced Terrell Knight, land use planner in the area. Mr. Knight presented
change of use to daytime lunch use from nighttime nightclub with entertainment. Mr.
Knight feels the fit is good as it would be sited in an industrial area as opposed to
residential, isolated, stated the changes which occurred in Eagle Vail (as being similar
to this Application), addressed the parking issue, retaining wall issue, feels it is
neighborhood oriented, and believes it complies with the Town of Avon Comprehensive
Plan. He believes this concept supports the town.
Jim Bottomly gave a positive personal reference for Mr. Svabik and his concept. Terry
Goush supports the restaurant in the area. Personal reference stating Dave's
experience as positive.
T.J. Connors developed the warehouse where restaurant is proposed. And offered the
areas for overflow parking. Mr. Connors referenced Mr. Svabik as a good neighbor.
Rob Davis, Avon business owner, approached the podium as a business on Nottingham
Road and feels this is a good opportunity for the Town of Avon.
Liz Matthews, known Dave for 22 years, agrees to a restaurant in the area.
Brad Wyatt, Paul Benecot, property owner in the area, were both in favor.
Jim Lawrence, property owner in area, and Dave Lott, friend and mechanic, were both
in favor. Tom Bachus, owner of 4 Eagle Ranch, gave a positive personal reference.
George Rosenberg, applicant's attorney, discussed the changes in the area, from
industrial to primarily commercial, referenced other food establishments that had been
in the area, used the Gashouse as an example, felt that the basic three standards were
adequately addressed.
CLOSED PUBLIC HEARING
Commissioner Smith questioned parking, concerned with an "acceptable use for the
neighborhoods", voiced concerns by other neighbors regarding access. Commissioner
Him had easement, parking and access concerns; approved of the need for lunch and
dinner use, but concerned on impact of a nightclub and the situation it brings, and didn't
feel this is the location best suited for this use. Commissioner Neville commented that
the access road is not pedestrian oriented. Commissioner Didier thinks use is good,
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May 20, 2003
Page 2
concerned with parking, access and nightclub use, and thought they should make it
smaller in order to comply with parking. Commissioner Trueblood was concerned with
building's conditions, referenced the good support for the project by locals, but the
zoning and parking issues are primary concern and would like the opinion of Wildridge
residents. Vice Chairman Karow focused on the criteria for approving special review
use. He commented that the application does not support the technical requirements of
the Town of Avon Zoning and Municipal codes.
Mr. Knight addressed the parking issue, as it is an equation with seating. Mr.
Rosenberg looked for a consensus on use. Commissioner Karow voiced that a Special
Review Use must meet the Town Code for parking. Technical issue of parking needs to
be addressed sufficiently.
Commissioner Smith made motion to deny the proposed use, as it does not conform to
the Town of Avon's Comprehensive Plan or parking codes. Commissioner Neville
seconded the motion for denial with all three conditions as stated in the Staff Report.
The denial of this application passed 5 to 1 with Vice Chairman Karow opposing the
motion.
B. Lot 18/19, Block 1, Benchmark at Beaver Creek Subdivision
281 Metcalf Road
Walkin' The,Dog — Extension
Applicant: Marisa Cantrell
Resolution No. 03-13
PUBLIC HEARING OPENED ,f.
No members of the public approached the podium for comment on Resolution No. 03-
13 which extends this Special Review Use for three years.
CLOSED PUBLIC HEARING
Commissioner Him moves to approve Resolution No. 03-13 with Commissioner Didier
seconding. The motion passes unanimously.
vi. Planned Unit Development Amendment
A. The Village at Avon Planned Unit Development
PUD Amendment for Zoning Plan of Tract N, Tract G, RMF -1, & Tract M
Applicant: Traer Creek
PUBLIC HEARING OPEN
This is a Public Hearing for the PUD Amendment designed to give an overview of the
proposal to modify the zone districts on the north side of 1-70. They are creating an
additional six acres of regional commercial which are immediately adjacent to the 1-70
interchange which should be opening shortly, relocating the school site to Tract M and
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May 20, 2003
Page 3
increasing the planning area of the school site by almost two acres, reconfiguring
community park, designating the fire district regional facility that was approved in the
Annexation and Development Agreement, increasing the planning area. At this time,
Staff continues to review the information and merits of the proposal.
Tim Lhosa of Zehren and Associates, representing applicant, Traer Creek, provided
details of the proposal. The applicant revisited the areas for changes that would benefit
the road and parcels, and access. An analysis of sites with slopes, geo hazards, and
devised a plan of development to include higher density residential, duplex areas,
school site revisited for housing type and move it to Tract M as the school district would
prefer a residential location. Community Park will remain at 29 acres. Fire and
ambulance districts prefer direct access. Staff interjected a site tour to review other
locations for reviewing the similarities with other communities already developed.
Shifting of density of 8 to 10 units per acre. Tract M has 15 units per acre and applicant
is proposing reduction in this number. PUD approved 2,400 units and 650,000 in
commercial.
Shane Bohart, Traer Creek, asked that the memo be disregarded due to several
inaccuracies, and suggests a work session to thoroughly discuss this proposal. Vice
Chairman Karow agreed with Mr. Bohart that a work session would be beneficial and
staff suggests the tabling of this issue for the next Planning and Zoning Commission
meeting.
Commissioner Him moved to table this PUD amendment to the next Planning and
Zoning Commission meeting. Commissioner Smith seconded the motion and all
commissioners were in favor of the motion. The motion carries unanimously.
CLOSED PUBLIC HEARING
VII. Sketch & Final Design Plans
Matt Pielsticker presented the Chapel Square Master Sign Program(MSP) Amendment
for the WalMart building. Four signs for three national tenants have been requested.
The signs vary from the MSP for Chapel Square for the WalMart building as they relate
to materials and size, however, comply with the size requirements of retail frontage as
proposed for the three tenants. Lighting is all back lit, and plans do include hours of
lighting of the signs to reduce light pollution.
Commissioner Dider moved to approve the Master Sign Program with the three staff
recommendations and with the signs being turned off one hour after and lit one hour
before posted store hours. Commissioner Trueblood seconded the motion. All
Commissioners were in favor and the motion carried unanimously.
A. Lot 16, Block 1, Filing 1, Eaglebend Subdivison — Final Design
4040 Eaglebend Drive
Applicant: Eric Johnson, Architect
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May 20, 2003
Page 4
Moved to Consent Agenda
B. Lot 42A, Block 4, Wildridge Subdivision - Final Design
5101 Longsun Lane
Applicant: Gregory Macik
Moved to Consent Agenda
C. Lot 17, Block 4, Wildridge Subdivision — Sketch Design
5670 Wildridge Road East
Applicant: George Plavec
Tambi Katieb presented the staff report. Applicant seeks both Sketch Plan and Final
Design Approval at this time. George Plavec availed himself at the podium for
questions. Commissioner Him voiced concerns on elevations. Commissioner Smith
motioned to accept plans as presented with minor modifications to the front elevations
to be worked out with staff and with Conditions 1-7, as listed by staff in their report.
Commissioner Neville seconded the motion. Motion passes unanimously.
D. Lot 75, Block 1, Wildridge Subdivision — Sketch Design
2465 Saddle Ridge Loop
Shaw Ste -Marie Duplex
Applicant: Bob Mach
Commissioner Smith questioned the keeping of aspens in order to minimize site
disturbance. Commissioner Didier voiced concern for its lack of conformity to existing
structures. Unit checked for lock off by staff was requested by Vice Chairman Karow
requested review of the structure at 2170 Longspur as it is in violation of code. Vice
Chairman Karow expressed concerns that this building is being designed with lock off
units in mind just as has occurred by the applicant at 2170 Longspur.
Vice Chairman Karow does not feel building conforms well to the site. Roof is clipped to
conform to code. Vice Chairman Karow feels this home does not comply with
guidelines, forced relief on the north side, and the bay window does not conform with
any architecture in the area. Cindy Shaw, daughter of developer involved in project,
questioned the unit numbers and was advised that lock offs are illegal and that the
architect has created ancillary units (lockoffs) in his past projects. Mr. Richard Ste.
Marie, applicant, approached the podium and asked what the Commission is looking for
in this duplex location. Vice Chairman Karow would like to see the door eliminated or
perhaps a deck off the back.
Commissioner Smith made a motion to approve the Sketch Plan with Staffs 7
conditions and Motion dies for lack second motion. Commissioner Neville made motion
to table application and Commissioner Trueblood seconded. Motion passes
unanimously.
Commissioner Him returns to the meeting.
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May 20, 2003
Page 5
R
IX. Sign Design Application
A. Lot 67 & 68, Block 1, Benchmark at Beaver Creek Subdivision
0008 Nottingham Road
Swift Gulch Professional Bldg. (Petro -Hut) Master Sign Program
Applicant: Tom Banner, Banner Realty
Matt Pielsticker presented to the Commission the Staff Report. Staff was seeking
approval with the removal of the monument along with the Staffs listed 4 conditions.
Tom Banner provided new signs, which shrinks the tenant signs and allows for the
monument sign to remain.
Commissioner Didier moved to approve the Application with all staff recommendations
except of Condition No. One and to allow the monument sign. Commissioner Trueblood
seconded the motion and it carries 5 to 1 with Commissioner Him dissenting.
X. Minor Projects
A. Public Art (busts) in NW corner of roundabout #3
Applicant: Town of Avon
Bob Reed, Director of Public Works, addressed the art in the roundabout and on
pedestals. Roundabout Two improvements, other sites staying with stucco and caps,
town money will be used for these improvements.
Peter Buckley addressed the issue of the pedestal busts being installed illegally and
wants procedure to be followed as the Planning and Zoning Commission was bypassed
in the installation of the art. Vice Chairman Karow motioned to give the Avon Arts
Council the authority to approve the type of art installed in Town, with the Town
approving the locations only. Arts Council would like to have the art remain at its
current locations particularly the busts.
Peter Buckley voiced his concerns that the Planning and Zoning Commission did not
approve the busts located in the 1st Bank of Avon. He is seeking the removal of the
busts•and reapplication by the Arts Council to the Planning and Zoning Commission for
the busts to be installed.
Commissioner Neville made motion to allow the Avon Art Council to provide art at their
discretion with Commissioner Him seconding. Removal of heads will be at the
discretion of the Arts Council. Motion was made to add specific locations to list of sites
approved art locations. Commissioners Him and Trueblood dissented the motion.
Commissioners Smith, Neville, Didier and Vice Chairman Karow approving. Motion
carried.
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May 20, 2003
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B. Minor Design Approvals:
r Lot 12, Block 1, Filing 2, Eaglebend Subdivision
4420 Eaglebend Drive
Addition of deck and expansion of master bedroom
n r
Moved to Consent Agenda.
C. Lot 20, Block 2, Benchmark at Beaver Creek Subdivision
48 East Beaver Creek Boulevard
Resurfacing Benchmark Plaza concrete with "Everstone"
Applicant: Everstone of Western Colorado
XI. Adjourn
Commissioner Him made a motion to adjourn, with Commissioner Trueblood
seconding. The motion is approved unanimously. The meeting was adjourned at 9:00
pm.
Respectfully submitted,
Ruth Weiss
Recording Secretary
APPROVED:
Andrew Karow n, D,
Vice Chairman
Terry Smith_
nlelwj-
Secretary
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Minutes of P&Z Meeting
May 20, 2003
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