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PZC Minutes 06-01-2004Minutes of Planning and Zoning Commission June 1, 2004 Council Chambers Town of Avon Municipal Building 400 Benchmark Road I. Call to Order The meeting was called to order at 5:35 pm. II. Roll Call All Commissioners were present. III. Additions and Amendments to the 4genda There are two additions. They are listed under Other Business: Minor Project — Carport, Lot 37, Block 4, Wildridge Subdivision and Minor Project — Shed, Tract N, Benchmark at Beaver Creek Subdivision. IV. Conflicts of Interest Commissioner Trueblood disclosed a conflict with Minor Project — Shed, Tract N, Benchmark at Beaver Creek Subdivision. Commissioner Struve was asked to recuse himself from VI, PUD Amendment, Lots 54,55,89 &90, Block 4, Wildridge Subdivision/5190 & 5196 Longsun Lane / 5767 & 5775 Wildridge Road East, Applicant/Owner. Jay Peterson. V. Consent Agenda Commissioner Karow motioned for the approval of the Meeting Minutes from the May 18, 2004, Planning and Zoning Commission Meeting. Commissioner Smith seconded the motion. The motion passed unanimously. VI. PUD Amendment - Public Hearing Property Location: Lots 54,55,89 &90, Block 4, Wildridge Subdivision/5190 & 5196 Longsun Lane / 5767 & 5775 Wildridge Road East, ApplicanUOwner Jay Peterson Description: Jay K. Peterson is proposing an amendment to the Wildridge PUD for the four residential properties listed above, all of which are located in Block 4 of the Wildridge subdivision. The subject properties are currently zoned to allow for a total of eleven (11) dwelling units of duplex and triplex zoning. The proposed amendment is to change the zoning to single family and downzone the total dwelling units of the properties to eight (8) dwelling units on eight (8) separate lots. The proposed PUD amendment will not only change the zoning of these four lots, it will also change the existing access conditions. Currently, lots 89 and 90 are only accessible from Wildridge Road East (and also share a reciprocal access easement along the right of way frontage of both lots). Lots 54 and 55 F.Manning & Zoning Commission\Minutes120041060104.doc Page 1 of are likewise only accessible for access from Longsun Lane as currently entitled. Access to the 8 lots is proposed to occur exclusively from Longsun Lane. Also, the existing open space (non -developable areas) are proposed to be reconfigured with this amendment. Tambi Katieb began by stating that the Applicant had verbally requested a tabling of this application tonight. Mr. Katieb voiced for the record that new input letters were received, copies were available in the rear of Chambers and Mr. Peterson has not had an opportunity to review them. Chairman Evans commented that if in fact the applicant has requested a tabling, it was the intention of the Planning and Zoning Commission to continue with the Public Hearing as it was publicly noticed. Letters of public comment were received from Mac McDevitt, Karen McDevitt, a resident at 5161 West Longsun Lane, Richard and Jennifer Ann Gelovic, Sam Eckert and John Salko, regarding this application. Mr. Katieb continued to present the Staff Report. The new PUD has been titled the Western Sage PUD. Jay Peterson, applicant, approached the podium. He called Tambi Katieb today and asked him to table this application for tonight. Mr. Peterson voiced that for the past six months he has been working with staff on this project. He continued that prior to meeting with staff, he sent out a letter to people, in the entire area and all the adjacent property owners, stating that he anticipated going forward with the Town, asking for a PUD Amendment going from duplex/triplex zoning to single-family consideration. He sent along a plan, which he developed and asked for input. This was done long before an application to the Town was submitted. He never received any negative comments. He stated that he was dealing in good faith. He stated that the initial application wa`s withdrawn by suggestion of staff. It was recommended that he reduce his project to 8 units from 10 units. Mr. Peterson requested the tabling so that he could review the situation thoroughly. It is not his intention to disturb the site. He would like to come back in two weeks to present his side of the application. He wanted to return with accurate facts and plans, in order to respond in detail to the staffs memo. PUBLIC HEARING OPENED Mac McDevitt approached the podium with three procedural concerns. Mr. McDevitt began with voicing a potential conflict of interest with a Commissioner and this application. Chairman Evans responded with the definition of 'conflict of interest' and the process of leaving the room. Mr. Struve submitted comments on this issue and Larry Brooks, Town Manger, left the Chambers to contact legal counsel for input. Mr. McDevitt questioned the act of tabling an application. He queried which •party, an absent adjacent property'owner's request or the applicant's request, is procedural. Chairman Evans requested time to evaluate the question and respond. He continued to discuss the issues of variance and precedence, variance of building on non -buildable existing lots and setting a FAPIanning & Zoning Commission\Minutes12004t060104.doc Page 2 of 9 precedent on approval of this item. He concluded that a new precedent should not be set by allowing this item. Lynn Young approached the podium to read a letter from her neighbor, John Salko. Mr. Salko's letter voiced opposition with the PUD Amendment. Ms. Young continued with her and her husband's concerns for the development of this area. She also voiced that she did not receive any letters from Mr. Peterson about his intentions in the area. Michael Haze, 5183 Longsun Lane resident at the end of the cul-de-sac, is concerned about the development of un -developable building area and the increase of traffic in this area. He had spoke with Mr. Peterson upon receiving his letter and felt Mr. Peterson was well intentioned. Neither the letter nor their conversation, nor conversations with neighbors revealed the non -developable land issue. He mentioned the importance of the traffic issue. He voiced disapproval. Dick Mayne approached the podium. He stated his representation of Ms. Mayne and her opposition of this application. Larry Brooks, Town Manager, approached the podium to discuss Mr. Struve and his correspondence regarding the issue of conflict of interest. Mr. Dunn, Town Attorney, advised that Mr. Struve recuse himself from this project. Mr. Struve left Chambers. Mark and Tammy Marto, 3154 A Longsun Lane, are against the amendment and he understands the developer's challenges. He remarked that tabling was the issue of the commission. PUBLIC HEARING CLOSED Commissioner Didier began commissioner review by voicing the tabling of the application. Commissioner Karow felt approval of the Resolution for denial was appropriate and he was in favor of tabling. Commissioner Trueblood felt that the applicant should be given the additional time to review the application and his concerns on the project. Commissioner Smith and Commissioner Savage both agreed to table the application. Chairman Evans felt the resolution provided by staff was supportable and he felt that moving a cul-de-sac was not why the public bought their property, and felt the non -developable building site should not be developed. Commissioner Evans preferred more public input and was in favor of tabling. F:1Planning & Zoning CommisslonlMinutes120041060104.doc Page 3 of 9 Commissioner Didier moved to table Item VI, PUD Amendment, Lots 54,55,89 &90, Block 4, Wildridge Subdivision/5190 & 5196 Longsun Lane / 5767 & 5775 Wt Bridge Road East. Commissioner Karow, seconded the motion. The motion carried unanimously. VII. Appeals Ordinance - Public Hearing Topic: Amend Avon Municipal Code to consolidate the appeals process Applicant Town of Avon Description: The proposed ordinance would amend Titles 2, 15 and 17 of the Avon Municipal Code as it relates to appeals from decisions of the Planning and Zoning Commission. The Town Council recommended adoption of this ordinance on the first reading at their May 11th, 2004 meeting and are referring it to the Planning and Zoning Commission for review. Second Reading (and adoption) is scheduled for the June 8th, 2004 Town Council meeting. Tambi Katieb presented the Staff Report. PUBLIC HEARING OPENED There was no input from the public. PUBLIC HEARING CLOSED Commissioner Trueblood motioned for approval of Item VII, Appeals Ordinance, Topic: Amend Avon Municipal Code to consolidate the appeals process, Applicant: Town of Avon. Commissioner Smith seconded the motion and all Commissioners were in favor. The motion passed unanimously. VIII. Final Design Plan Property Location: Lot 58, Block 4, Wildridge Subdivision/ 5170 Longsun Lane Applicant Lynn Fritzlen Owner. Robert Moehring Description: Lynn Fritzlen is proposing a "mountain lodge" style duplex residence on Longsun Lane. The building is approximately 9,636 square feet in size and each unit features an attached 2 -car garage. Proposed materials include wood siding, stucco, and stone. A Variance application for retaining walls in the front setback and a sketch design was approved at your April 6, 2004 Commission meeting. Ken Kovalchik presented the Staff Report. Commissioner Evans commented that a landscaping plan was not contained in the packet. Mr. Kovalchik agreed. Patrick Hamel, representing the applicant, approached the podium and began to show the Commissioners additional plans for the lot particularly regarding the landscaping issue. He addressed the culvert issue. F:\Planning & Zoning CommissionVvtinutes\2004\060104.doc Page 4 of 9 Commissioner Struve questioned the roof color and the response was a brown color. The applicant representative presented mock up colors at this point. Commissioner Savage asked about maximum site coverage and saw no problems with the site. Commissioner Smith agreed with Commissioner Savage's comments. Commissioner Karow asked about the guidelines and the roof pitch, and felt the landscape plan was inadequate. Commissioner Didier was concerned with the turn around area. Reduction of the parking spaces for turn around purposes was made on the site and an 8" curbside was made for driver ease. Commissioner Trueblood thought it complied. Commissioner Evans agreed with Commissioner Karow and the landscape plan as it was presented was inadequate and expressed that more trees were warranted. He felt the massing needed to be better broken up and voiced concern with the outdoor lighting as proposed. Commissioner Evans continued with the lighting for the driveway and signage, and how it would comply with the forthcoming Lighting Ordinance. Commissioner Smith motioned to approve Item VIII, Final Design Plan, Lot 58, Block 4, Wildridge Subdivision/ 5170 Longsun Lane, Applicant. Lynn Fritzlen, Owner. Robert Moehring, with the 3 existing staff conditions and a fourth condition that a revised lighting plan and landscaping plan be submitted back to this Commission for review and approval prior to the issuance of the building permit. Commissioner Trueblood seconded the motion; all commissioners were in favor and the motion passed unanimously. IX. Final Design Plan Property., Lot 86, Block 4, Wildridge Subdivision / 5749 Wildridge Road East Applicant. Miramonti Architect PC Owner., Frank Hamel Description: The applicant is proposing this final design plan for an uphill lot on Wildridge Road East in Wildridge. The design is for a custom duplex residence. The residence is approximately 8,200 square feet featuring stucco, natural wood, and asphalt shingles. A sketch design was approved at your May 41", 2004 meeting. A Variance was approved at your May 181" meeting for the proposed boulder walls in the front setback. Tambi Katieb presented the Staff Report. Commissioner Didier questioned the fixtures to be used. Mr. Gerald Miramonte arrived and approached the podium for questions. Commissioner Trueblood commented that it was a lot of structure for the lot but had no major concerns. Commissioner Didier agreed. Commissioner Karow and NPlanning & Zoning Commission\MinutesUO041060104.doc Page 5 of 9 Commissioner Smith felt it met Design Guidelines. Commissioners Struve and Savage both thought it was a good plan. Discussion revolved on the point that the entire lot was being maximized. Commissioner Evans remarked on the sparse landscaping and reviewed the guidelines that require all sides of the property to be equally treated. Commissioner Smith motioned to approve Item IX, Final Design Plan, Property: Lot 86, Block 4, Wildridge Subdivision / 5749 Wildridge Road East, Applicant., Miramonti Architect PC, Owner. Frank Hamel, with the four staff conditions as presented in the Staff Report, and the recommendation for additional trees in the landscaping plan to be approved by Staff. Commissioner Savage seconded the motion and the motion passed unanimously. X. Sketch Design Plan Property. Lot 24, Block 1, Wildridge Subdivision/2100 Long Spur & 2250 Saddle Ridge Loop Applicant: Phil Matsen Owner: Phil Matsen Description: Phil Matsen has resubmitted a duplex design for the intersection of Long Spur and Saddle Ridge Loop roads in Wildridge. The previous sketch/final design plan was denied at your May 4th, 2004 meeting. The design has been modified since the last submittal with material changes and architectural interest being added to all building elevations. Proposed materials include stucco siding, wood trim, cultured stone, fieldstone, and asphalt shingles. Ken Kovalchik presented the staff report. Phil Matsen approached the podium to discuss the revisions made to his original plan. There were no specific questions by the Commission. Commissioner Karow began the review of this project and felt his concerns about similarity with other projects in the area were dispelled. Commissioner Smith concurred. Commissioner Struve and Commissioner Savage both commented on the considerable positive difference from the last submittal. Commissioner Evans agreed. Commissioner Didier moved to approve Item X, Sketch Design Plan, Property. Lot 24, Block 1, Wildridge Subdivision/2100 Long Spur & 2250 Saddle Ridge Loop, Applicant: Phil Matsen, Owner: Phil Matsen, Description: Phil Matsen. Commissioner Karow seconded the motion and the motion passed unanimously. XI. Sketch Design Plan Property Location: Lot 5B, Nottingham Station PUD/ 1910 Hurd Lane Applicant: Architectural Services PC, Owner. Nancy & Mauri Nottingham Description: Architectural Services PC is proposing a single -family residence on Hurd Lane. The building is approximately 2,903 sq. ft. of finished living space, with a 574 sq. ft. garage and 1919 sq. ft. unfinished basement. The style of this house will emulate a country farmhouse with 10:12 roof pitches, horizontal siding, shingle siding at the gable ends and a stone base. FAPIanning & Zoning Commission\Minutes12004%060104.doc Page 6 of 9 Ken Kovalchik presented the staff report. Commissioner Didier asked staff about the additional 35 it stream setback and was responded that it was not additional. Jennifer Buck, Architectural Services, PC, approached the podium for questions. Commissioner Evans asked about the roof expanse and although there is abundant vegetation, the roof was a concern. A new landscape plan that demonstrates the new and the existing landscaping will be submitted at Final Design. Commissioner Karow moved to approve Item XI, Sketch Design Plan, Property Location: Lot 513, Nottingham Station PUD/ 1910 Hurd Lane, Applicant: Architectural Services PC, Owner. Nancy & Mauri Nottingham. Commissioner Didier seconded the motion for approval. All commissioners were in favor and the motion passed unanimously. XII. Minor Project — Fence Property Location: Lot 8, Block 1, Filing 1, Eaglebend Subdivision/4720 Eaglebend Drive; Applicant/owner. Catherine Bentley Description: The applicant is requesting the approval of a four -foot metal fence in the rear of her property. The fence is proposed at four feet tall to compliment the existing railing on the deck above the proposed "courtyard" area. Ken Kovalchik presented the Staff Report. Catherine Bentley approached the podium for commissioner questions. Commissioner Savage asked how long the fence would be and was responded with about 30 feet by the applicant. Commissioner Trueblood motioned for approval of Item XII, Minor Project — Fence, Property Location: Lot 8, Block 1, Filing 1, Eaglebend Subdivision/4720 Eaglebend Drive; Applicant/owner.Catherine Bentley, with the conditions as listed on the Staff Report. Commissioner Didier seconded the motion and all commissioners were in favor. The motion was unanimous. XIII. Comprehensive Plan Update and Public Input Topic: Comprehensive Plan Update Applicant: Town of Avon Description: Staff updated the Commission on the progress of the Comprehensive Plan project. Tambi Katieb responded that the meeting would be held next week, June 9t", 2004, so that it would not conflict with Planning and Zoning Commission FAPIanning & Zoning Commission\MinuteA20041060104.doc Page 7 of 9 Meetings. There were no updates from Staff and no public input. There was no action taken at this time. XIV. Other Business Commissioner Trueblood voiced concern regarding the compromise Town Council had voiced regarding the Lighting Ordinance. Tambi Katieb discussed some of the comments as expressed by Council. Council was not supportive of the variance provision and would rather have an,appeals provision as with all the other codes. This would allow for a noncompliant lighting to be appealed and it would not create a variance mechanism. Minor Project — Carport Property Location: Lot 37, Block 4, Wildridge Subdivision Applicant: Scott Rella Description: The applicant is requesting a carport addition to the existing Parcel A garage that would feature a rusted corrugated steel roof and wood siding to match the existing structure. The project also proposes a new temporary parking area finished with gravel extending from the existing paved driveway. Ken Kovalchlk presented this addition to the agenda. Michael Poukis, owner representative/architect, approached the podium and stated that the gravel parking area was temporary and the'owner intended to build an open carport or garage in the future. He mentioned the driveway would be paved in one to two years. Commissioner Savage was concerned with the metal roof and that an accountable time frame was not provided for the asphalting of the driveway. Mr. Poukis mentioned that this carport was not very visible from the road. Commissioner Karow mentioned that code required an approved surface. However, currently the additional parking is in the dirt. Commissioner Evans said that the guidelines do not support gravel. Commissioner Karow motioned to approve this application with the condition that the parking space is either paved or otherwise improved within 12 months of building permit application and the roofing material be approved by both the Planning and Zoning Commission and Staff. Commissioner Savage seconded the motion. It is not implied that a second structure on this site will be approved. All commissioners were in favor and the motion passed. Minor Project — Shed Property Location: Tract N, Benchmark at Beaver Creek Subdivision Applicant., T. Horn Enterprises Description: The applicant is requesting approval of an 8 foot by 8 foot shed to house the computers for the weather station building. The building for the weather station currently exists and the proposed shed appears to be compatible with the existing building. FAI'lanning & Zoning Commission\minutes\20041060104.doc Page 8 of 9 Ken Kovalchik presented the staff memo. This shed is to house weather computers. Commissioner Karow moved to approve this Minor Project and Commissioner Smith seconded the motion. The motion carried unanimously. Commissioner Savage questioned Jay Peterson's comment regarding the five- month timing for his application. Tambi Katieb responded with the pre - application meeting and voiced that until the application is submitted and complete, the process does not get full attention. Mr. Peterson's preliminary withdrawal was of his own volition. The Planning Department did not have the application for 5 months. Commissioner Karow questioned the non -developable land portion of lots. He asked if this is part of the plat map and Tambi Katieb responded that it was part of the original PUD. XV, Adjourn Commissioner Karow made the motion to adjourn. Commissioner Didier seconded and the motion was unanimously approved. The meeting adjourned at 8:00 pm. Respectfully submitted, Ruth Weiss Recording Secretary Andrew Karow 0� Vice Chairman Terry Smith Secretary FAPIanning & Zoning CommissionXMinuteM20041060104.doc Page 4 aro