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PZC Minutes 02-15-2005 (2)Minutes of Planning and Zoning Commission February 15, 2005 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 with the exception of Commissioner Smith. III. Additions and Amendments to the Agenda There were no additions or amendments to the agenda. IV. Conflicts of Interest There were no conflicts of interest to disclose. V. Consent Agenda Commissioner Karow motioned for the approval of the Minutes from the February 1st, 2005, Planning and Zoning Commission Meeting; Commissioner Didier seconded and the motion passed 5-1 with Commissioner Savage abstaining due to his absence at the meeting.. VI. Special Review Use — Drive through Bank — PUBLIC HEARING Property Location: Lot 22-13, Block 2, Benchmark at Beaver Creek Subdivision/245 Chapel Place (Chapel Square, Building C) — Resolution 05-02 Applicant/Owner's Representative: Greg Gastineau Description: Greg Gastineau is requesting a Special Review Use (SRU) Permit to allow for the use of a drive -up teller window for the future site of a Wells Fargo Bank. The drive -up teller would gain access just south of the Outback Steakhouse Monument sign at the access road behind City Market. Drive -up teller windows are not specifically allowed in the Chapel Square PUD, therefore a SRU permit is required. This agenda item is a Public Hearing. Eric Heidemann presented the Staff Report to the Commission and asked for an additional condition be added to the Staff Report that the Applicant should apply for a Minor Subdivision to remove easements along the property line. Commissioner Didier questioned the property line issue and the driveway width. Greg Gastineau approached the podium as representative for the Applicant. He commented that he has read the Staff Report and can adequately address the CADocumcnts and Settingsltkatieb\L.ocal SettingsWempomry Intemet FileAOLK2\021505.DOC Page I of 7 issues including the property line. He continued with the length of the driveway as an issue of entrance and exit and not stacking. No public response. Public Hearing Opened Public Hearing Closed Commissioner review was positive to the project. Commissioner Struve questioned the commercial and public lanes and expressed the public convenience was a good factor. Commissioner Evans commented that the project meets the criteria for Special Review Use, it meets the Town's zoning codes, and the use is in conformance with the Town Comprehensive Plan and it was compatible with adjacent uses. Commissioner Savage motioned for approval of Item VI, Special Review Use — Drive through Bank, Property Location: Lot 22-13, Block 2, Benchmark at Beaver Creek Subdivision/245 Chapel Place (Chapel Square, Building C) — Resolution 05-02, with staff's recommendations 1-3, plus the addition of the property line condition. Commissioner Trueblood seconded and the motioned passed unanimously. VII. Sketch Design — Commercial Building Addition Property Location: Lot 22-B, Block 2, Benchmark at Beaver Creek Subdivision/245 Chapel Place (Chapel Square, Building C) Applicant/Owner's Representative: Greg Gastineau Description: In conjunction with a Special Review Use (SRU) application, the applicant is proposing a sketch design plan to add a canopy and associated drive through lanes for a drive up banking facility. The proposed drive through would be located on the former "chapel" site, behind the City Market grocery store. All materials and colors of the canopy would match the existing building to the south (Lot 22-A), and the bank would occupy the entire first floor of the building. Matt Pielsticker presented the Staff Report. Commissioner Evans questioned the parking code and its relation to the drive up situation. Eric Heidemann commented that if the parking spaces from the Chapel Square were in surplus and it granted through a mixed-use clause when Chapel Square was created. Commissioner Struve questioned the type of classification of the structure and it was voiced that it classified as B occupancy - Business. Greg Gastineau approached the podium as representative of the Applicant. He mentioned that he saw no issues with Staff Report or the recommendations but questioned Recommendation No. 5 of the staff report regarding the signage. Matt Pielsticker responded that signage should be presented at,Final Design. CADocuments and Settings\tkatieMocal SettingsWemporary Internet Res\0LK2W21505.D0C Page 2 or 7 Mr. Gastineau continued with the easement and transformer were property of Holy Cross Energy and his meetings with them concluded that a 6 -foot increased width, 3 feet on both sides, of the canopy would straddle the transformer. Holy Cross Energy would vacate the transformer, turned over to a private splice vault for the electrical underground and accessible by manhole, move the easement over to the north and place the transformer in the landscape area. Mr. Gastineau was consulting with his architects to provide at Final Design the concerns of Holy Cross Energy for Commission approval. Mr. Gastineau continued that trees, which would be removed, would be relocated within the property perhaps on the island created by the drive thru lanes. Commissioner Didier commented that the flat roof was a concern and felt that arches may enhance the project. Mr. Gastineau replied that most roofs in Chapel Square were flat and the square design was for vehicle clearance. Commissioner Evans mentioned that the arch could not be created in this location. Commissioner Evans continued that the roof color could be more appealing with the black removed and replaced with an earth tone and he continued that the lighting was a concern and recommended recess fixtures. Commissioner Trueblood commented that signage redundancy might be an issued. Mr. Gastineau presented to the Commission the proposed signage that still required Wells Fargo Corporate approval. VIII. Minor Modification Property Location: Lot 45C, Block 2, Wildridge Subdivision/2520 Old Trail Road, Applicant/Owner: Bob Mach Description: Bob Mach has submitted a Minor Project for a design change to his single-family project that is currently under construction in Wildridge. The application proposes to eliminate the wrap around portion of the deck and to reduce the size of the deck on the house by approximately 126 square feet. Matt Pielsticker presented the Staff Report. Commissioner Didier asked what the reasoning for the deck elimination. The applicant was not presented and the application was opened up for commissioner review. Commissioner Savage began the discussion by commenting that this issue had previously addressed by the Commission and voiced that Mr. Mach is looking for this modification since he changed the design feature without Commission approval and now is seeking approval for another design feature. In other words, Mr. Mach put a fireplace where it didn't belong and now he needed to wrap a deck around that elevation and it presents a fire hazard from the exhaust of the fireplace. Commissioner Evans commented that commissioner rationale should focus on design guideline standards. Commissioner Struve voiced that the visual of the CADocuments and SettingsltkatieMLocal ScttingsWempomry Intemet Files\OLK2\021505.DOC Page 3 of 7 fireplace bump out required the deck. Commissioner Karow commented that the firebox bump out and the wrap around deck help the code by adding additional materials and satisfies design review considerations. Commissioner Trueblood asked to abstain from this project due to previous conversation with the applicant. Commissioner Evans agreed with Commissioner Struve and his recollection of the original submittal. West elevation approval at previous design review and does not believe that it is in conformance. Commissioner Evans continued that the fireplace bump out is approximately 24 to 30 inches off the wall and with the deletion of the deck, there is no bump out grounding, its an appendage stuck on the wall and makes no sense architecturally. At the time of the last review of this project, the Commission approved the two new fireplace bump outs, one on the west elevation and one on the east elevation that came out on the ground and granted approval on the west elevation with the condition that the deck remain in place and wrap around the project. Commissioner Savage motioned for denial of Item VII, Minor Modification, Lot 45C Block 2, Wildridge Subdivision/2520 Old Trail Road, ApplicantlOwner: Bob Mach, with Commissioner Struve seconding the motion. The motion passed 4 to 1 with Commissioner Karow opposing and Commissioner Trueblood abstaining due to exparte contact with the applicant. XI. Comprehensive Plan Update Description: Distribution of the February 9th Public Review Draft of the Comprehensive Plan. Staff will provide the Commission with a summary of proposed changes to the content, organization, and format of the Draft Comprehensive Plan. Staff will also update the Commission on the scheduled open house and upcoming public hearing dates. No action required. Eric Heikemann presented his memo to the Commission. Dominic Mauriello, representing Vail Resorts, approached the podium to address his comments that were distributed in letterform to the Commission. Mr. Mauriello commented that the "Red House" be eliminated as a historical structure from the Comprehensive Plan as it does not lie within the Town of Avon boundaries and his clients are concerned with the "gateway" image and may be prone to deed this building to the Town of Avon at some point. Commissioner Evans voiced that the "Red House" did not present any cultural or historical relevancy to the Town of Avon. However, Commissioner Evans pointed out that the Town via the Comprehensive Plans has the right to give guidance and recommendations regarding parcels of land that are not within the boundaries of the Town. Other Business: Eric Heidemann voiced to the Planning and Zoning Commission the concerns of the Town Council concerns regarding fencing in the Design Guidelines. Tambi CADocuments and SettingsltkatiebU=al Settingffempomry Internet Rcs\0LK2\021505.D0C Page 4 of 7 Katieb commented that in a Joint Session between Town Council and Planning and Zoning Commission, the subject of fences was opened. Mr. Katieb mentioned that the guidelines needed to be strengthened with regard to fences and wanted commissioner input prior to proceeding. Commissioner Evans questioned the goal of Town Council in this area. Commissioner Karow voiced that clarity was the issue in the fencing guidelines and continued with the his recollection of the background that was in the original Wildridge PUD to allow the deer to roam to per the desires of the National Forest Service. Commissioner Didier commented that there would need to be areas that would conform to fencing such as Eaglebend due to the railroad in its backyard. Commissioner Evans reiterated the need for clarification and direction from Town Council on the issue of fencing. Commissioner Struve mentioned to the Commission that the Comprehensive Plan include a comment on the 420 acres, West Avon Parcel, to be clear to the Forest Service that it be developed as a recreational parcel. Commissioner Karow voiced that other adjacent parcels be reviewed and documented in the Plan. Mrs. Bob Mach approached the podium, apologizing that her day-care parents were late in picking up, to understand the denial of Mr. Mach's Modification Application and to voice her opposition to the wrap around deck as a privacy issue for the duplex next door. Bob Mach approached the podium with apologies for arriving late due to a "crack-up" on Nottingham Road and asked for understanding of the denial of his application. Commissioner Evans explained to the Machs that it would take a motion to re -open the decision of the Commission regarding this application. Commissioner Evans continued that the application was denied with a 4 to 1 vote; Commissioner Trueblood abstained due to an exparte contact that he felt would exclude him from voting on the application. The consensus of the four commissioners that voted on denial that, at the time of the last review of this project, there were numerous items re -approached for approvals after the fact and after things had been changed. At that point in time, the Planning and Zoning Commission had made a number of concessions with regard to the design features of the home. Commissioner Evans continued that specifically two items that were approved at the last project review, 2 new firebox bump outs with one on the west elevation and one on the east elevation, and the denial of the deck wrap around on the west elevation, which was to show support for the bump out that was added by the builder without prior approval from the Commission. It only made sense to have this bump out there if there is something to support it. Right now, this bump out is hanging in mid air with no grounding and no support and that is not supported by the Design Guidelines. The maintaining of the deck as it wraps around as originally proposed and approved by in the Final Design Review for this project adds that base and grounding to make it look as if something is supporting that bump out. Based on previous criteria, the anchoring and base of the bump out was again discussed and decided by four members of the commission that the deck was needed there CADocuments and Seltings\tkatieMocal SettingsMemporary Intemet Files\OLK2\021505.DOC Page 5 of 7 to have the' design make sense and look like it is actually grounded and supported by something. Mr. Mach voiced that if a buyer shows up; this buyer should have the ultimate say in this issue and not an appointed board. Mr. Mach continued by saying that it was his property and no one else can see it. The Machs argued the decision of the Commission. Commissioner Evans again repeated the format and foundation of this denial and mentioned a recourse would be to appeal to Town Council the Planning and Zoning Commission decision. Commissioner Trueblood questioned Lot 61 and the changes that were proposed by the owner, and asked why the Commission was not informed of the condemnation earlier or a Commission person was not invited to sit in on the Executive Session by the Council. Tambi Katieb responded that it was not within his authorization to advise the Commission on the matter until it an offer was made to the Owner of the subject property, also noting the frustration of the applicant for Lot 61 with the timing. Mr. Trueblood was requested to discuss Commissioner presence at Executive Session with the elected policy body. Commissioner Trueblood voiced a failure of communication between Town Council to P&Z, stating that the physical arrangement of the joint work session was not conducive to a meaningful dialogue since he felt Council had to speak down to the Commissioners. Commissioner Karow questioned the condemnation criteria and process, and the proposed use. Commissioner Evans mentioned that Al Williams was offered compensation for the acquisition and has until 3/8 to respond. Commissioner Evans noted that rationale behind the acquisition appeared to be a logical location for transit, adjacent to the railroad. Commissioner Struve wanted on record to show appreciation to Commissioner Evans for his professional approach to a difficult situation regarding the developer presentation at the joint work session meeting. Commissioner Didier acknowledged the value of the joint work session and thought it still represented a value to the developers to hear the concerns. Commissioner Evans appreciated the session to better understand the Council vision and viewpoints on Main Street and Lot 61. Commissioner Trueblood mentioned the ease with which the Gates project approval had occurred, and the new difficulty for Lot 61 regarding the timeline of the project that has been pushed out. Mr. Katieb mentioned that a sketch plan application could be on the table within the month since the Lot 61 project does have entitlements at this time, and that it was up to the owner and developers to determine whether a better project for the Town and themselves would cause a PUD amendment. Commissioner Trueblood questioned the vision of Main Street and whether it is reflected in the new Comp Plan. Tambi Katieb commented that the Town Center plan considers the project and the Comprehensive Plan acknowledges the public improvements required. CADocuments and Settings4katieb\Local Settings\Temporary Internet Fles\0LK2\021505.D0C Page 6 or 7 Mr. Katieb continued with an update on anticipated Lot C PUD applications and the forthcoming Confluence submission. IX. Adjourn Commissioner Evans made the motion to adjourn. Commissioner Trueblood seconded and the motion was unanimously approved. The meeting adjourned at 7:15 pm. Respectfully submitted, Ruth Weiss Recording Secretary APPROVED: Chris Evans Chairman Andrew Karow 0—,,OQ Vice Chairman CADocuments and SettingA\tkatieMLocal SettingsWempomry Internet Files\0LK2\021505.D0C Page 7 of