PZC Minutes 08-02-2005 (2)Town of Avon Planning & Zoning Commission Meeting
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o YTO N August 2, 2005
5:00 pm — 5:30 pm Commission Work Session
I. Call to Order
The meeting was called to order at 5:35 pm.
II. Roll Call
All Commissioners were in attendance with the exception of Commissioner Buckner.
III. Additions and Amendments to the Agenda
There were no additions or amendments to the Agenda.
IV. Conflicts of Interest
There were no conflicts to report.
V. Consent Agenda:
Approval of the July 19th, 2005 Planning & Zoning Commission Meeting Minutes.
Commissioner Struve motioned for approval of the Consent Agenda and Commissioner Smith
seconded the motion. Motion passed 5 to 0 with Commissioner Evans abstaining due to his
absence at the last meeting.
Vi. Town Zoning Code Additions & Amendments - PUBLIC HEARING
Applicant: John Dunn, Town Attorney
Description: The Commission to review a proposed Ordinance to amend Section 17.08 of the
Avon Municipal Code as it relates to the definition of 'Dwelling' (Section 17.08.230) and
'Hotel' (Section 17.08.380). The proposed Ordinance would add Section 17.08.385 to the
Avon Municipal Code for the definition of "lodge° and would clarify the definition of 'lodge' in
the Wildridge PUD. This is a public hearing prior to the second reading by Town Council on
August 9, 2005.
John Dunn, Town of Avon Attorney, presented his memo to the Commission. He continued
that this ordinance was intended to fix a bad definition of hotel, motel and lodge.
Commissioner Evans questioned the issue of family and its definition of "6" as paying guests.
Commissioner Struve questioned how many guests were in the home. Commissioners
questioned why the discussion was going on when commercial businesses are not permitted
in Wildridge.
OPEN PUBLIC HEARING
Kathy Kunis, 5301 Ferret Lane and 16 -year primary resident of Wildridge, approached the
podium to discuss the hotel operation going on in a lot behind her home. She provided to the
commission a copy of the website information for the "lodge' in question and brought to the
attention of the Commission other locations where hunters are renting in Wildridge. Mr. Dunn
asked of Ms. Kunis to reveal the noise issues. Ms. Kunis replied that the hotel guests bring
audio speakers out to the hot tub, the guests get drunk into the night in the hot tub, police
have been called, foul language is heard by neighborhood children, guest children stand on
the railing and jump into the hot tub without supervision, parties go late into the night, there
are twenty lights causing light pollution all night, and it is very disturbing to the neighborhood.
Ms. Kunis continued that sixteen guests can be housed and they arrive at all hours of the
night with unbearably noise, they use the neighbor's driveways to walk their pet and the
neighbors are left to pick up the feces, sled on neighbor's properties, toss used cigarette
butts onto neighboring properties, leave out "tons" of garbage that attracts the bears and it is
like living next to a Beaver Creek large hotel. The hotel's owner ignores all complaints from
his neighbors.
Commissioner Struve questioned Mr. Dunn as to why this issue was being discussed and
permitted. Mr. Dunn responded that claims of property right impingement, non -conforming
uses were grand fathered in, and he was tying it to a nuisance issue thus giving Town
Council greater latitude. Commissioner Evans asked if the properties qualify as non-
conforming use. Mr. Dunn was not sure that they do and the town's files depict them as
residential usage. Commissioner Evans commented that he believed that it is not an allowed
use now and that Wildridge was not a commercial location and none of it should be allowed.
Commissioner Smith expressed that short-term rental resorts should be prohibited. Ms.
Kunis voiced that there are many more properties doing the same thing. Commissioner
Green commented that if this ordinance might open Wildridge to attract Bed & Breakfast's
and he continued that it was an enforcement issue. Mr. Dunn commented that enforcement
would be easier with the ordinance approved. Commissioner Savage voiced that there
should be no short-term rentals but people would work around any legal jargon and it should
be prohibited and not restricted. Commissioner Struve questioned if it is only for Wildridge or
for Avon, too? Mr. Dunn commented to strike the words 'by more than 6". Commissioner
Green questioned the Wildridge plat and Mr. Dunn responded that it needed to be specifically
addressed.
CLOSE PUBLIC HEARING
Commissioner Green motioned to recommend approval of Resolution 05-09 to Town Council
with the deletion of the words "more than six (6)". Commissioner Smith seconded. All
commissioners were in favor and the motion passed unanimously.
VII. Comprehensive Plan Update - PUBLIC HEARING
Description: Review the planning principles and recommendations within the Low
Priority Districts (Subareas) and work through Draft Plan Observation Summary as it pertains to
the Low Priority Districts.
Rebecca Leonard approached the podium to clarify that the packet distributed today was for a
future meeting and continued that low priority districts were the discussion items tonight. District
17 was opened for discussion and Commissioner Evans commented that affordable should be
stricken as to eliminate targeting markets. Commissioner Savage commented that the need to
keep affordable housing is necessary to maintained for public good. Commissioner Green
expressed the need to retain the ability for diversity this area of the town. Commissioner Evans
approved of medium to high density in the area and Commissioner Green voiced that it was a
matter of presentation. Commissioner D'Agostino agreed with economically diverse
development in this area. Mr. Katieb remarked on the words 'attainable', 'affordable' and 'local
housing'. The discussion moved to adding trees to mobile home parks and the topic of
sidewalks.
Throughout the remaining districts targeted for discussion, the commissioners commented on
building heights, keeping height down to a 3 -story level, connections to trails, incentives to
encourage easier and greater access to trails and pedestrian paths. The water feature and sign
off 1-70 does not create an encouraging "gateway" to Avon. Commissioner Struve suggested
that the removal/burial of power lines be pursued.
No public comment was offered.
OPEN PUBLIC HEARING
CLOSED PUBLIC HEARING
VIII. PUD Amendment i Sheraton Mtn. Vista - PUBLIC HEARING - Tabled from July 19,
2005 Meeting & Tabling Requested to August 16, 2005
Property Location: Lot C, Avon Center at Beaver Creek Subdivision/140 West Beaver
Creek Boulevard
Applicant/Owner., Points of Colorado, Inc
Description: A request for an amendment to the Lot C PUD to modify the existing property rights
and zoning for Lots 2C, 3, 4, and 5 (Phase 1C). This application proposes to eliminate a 125 -
room hotel and restaurant, and increases the number of time-share units in the project's last
phase of development. The review for this application will be broken into two separate meeting.
The background of Lot C and the land use portion of this application will be discussed at this
hearing. The applicant has requested another tabling of this application to the August 16, 2005
meeting.
Eric Heidemann voiced the desires of the applicant to table this application to the next meeting.
Commissioner Savage questioned the visual of the building and Mr. Heidemann responded with
the need for this application to take two meetings due to its complicated nature with the first
meeting to discuss the existing entitlements and design along with its history and where we are
today and its features. The second meeting would be with the applicant to discuss the
substance of the building and permit the commissioners to comment on the features.
No public comment was offered.
OPEN PUBLIC HEARING
CLOSED PUBLIC HEARING
Commissioner Smith motioned to table this application to next meeting, Commissioner Green
seconded with a vote of approval of 5 to 0 with Commissioner Struve abstaining.
IX. Moehring Landscape Modifications - Tabled From July 19, 2005 Meeting
Property Location: Lot 58, Block 4, Wildridge Subdivision /5170 Longsun Lane
Applicant. Robert Moehring, RMI Vail / Owners: David and Kathy Ferguson
Description: At the Commission's June 1, 2004 meeting, a final design plan was approved for
the subject property with the condition that additional landscaping shall be included on a revised
landscape plan to be submitted and approved by the Planning and Zoning Commission. A
revised plan has been provided to staff and the Commission will review this revised plan.
Matt Pielsticker presented the Staff Report to the Commission.
Robert Moehring, applicant, approached the podium to respond. Mr. Moehring commented on
the inability to provide engineer's letter and continued that the plant life recommended were
short rooted and the landscaper felt it would take two years for rooting. Commissioner Evans
suggested that approval of the landscaping plan be accepted with the contingency that an
approval letter from the geotechnical engineer be provided to Staff. Commissioner Struve
voiced concerned with the structural integrity of the wall with the plant life as suggested.
Commissioner Green concerned with the long term geo-grid of the wall and that is why a
professional's written opinion was requested. Mr. Moehring said the original landscaping plan
was approved by his engineer for grass only on the wall but the Commission requested
additional landscaping for the area.
Commission consensus was to get the professional letter for the walls and to consider softening
the site with shrubs.
Commissioner Struve motioned to approve Item IX, Moehring Landscape Modifications,
Property Location: Lot 58, Block 4, Wildridge Subdivision /5170 Longsun Lane, conditional on a
letter from a Colorado Professional Engineer stating approval of the Landscape Plan.
Commissioner Green seconded the motion and all commissioners voted in favor.
X. Final Design — Campbell Duplex
Property Location: Lot 30, Block 1, Wildridge Subdivision/2160 Long Spur
Applicant. Gerald Miramonti / Owner: Patrick Campbell
Description: Gerald Meremonte is proposing a duplex on this Long Spur property. The
proposed design utilizes a predominately stucco exterior with a flat roof design. The structure
totals approximately 6,500 square feet. A sketch design for this structure was reviewed at the
Commission's June 7, 2005
Matt Pielsticker provided the Staff Report to the Commission. Gerald Meremonte responded to
commissioner concerns and distributed a new set of drawings. Commissioner D'Agostino
questioned the retaining wall materials and matt responded with boulders, and a discrepancy
With entry. Mr. Meremonte stated that walkways and partitions would be made of stamped
concrete but color has not yet been determined.
Mr. Meremonte presented his project to the Commissioners; all comments from sketch were
incorporated in this final design.
Commissioner Savage commented that a good job was done in breaking up as requested.
Commissioner Green appreciated the massing, good break up to the roofing, could not
encourage the smaller driveway and parking, encouraged greater landscaping as current plan
was not appropriate. Commissioner Smith commented that it is not compatible with the
neighboring structures and overrides all other issues. Commissioner D'Agostino appreciated
the different roof lines and parapets, disagreed with the lack of variation in materials as it sets a
precedent which was inappropriate; each individual color is nice but each hue is a different color
tone and the base tones were too dissimilar; and exterior light could use some punch.
Commissioner Struve liked what was presented but was having trouble with how it fits in the
neighborhood. Commissioner Evans agreed with Commissioner Green on the landscaping plan
as being inadequate, driveway was adequate as proposed, varying roof heights were well done,
design intent could be accomplished with varying material, with enough landscaping for
buffering it might work. Commissioner Green questioned the difference in materials. Mr.
Meremonte commented that his client desired to deviate from the typical and fitting the
neighborhood should not be a concern., Commissioner Evans voiced that the Ccommission's
responsibility was to judge the product with the Town of Avon Design Review Guidelines.
Patrick Campbell, owner of property, voiced that architecturally homes are all different but
primarily southwestern with flat roof and stucco exteriors and commented that he desired to
have greater landscaping but believed the landscaping needs to be more drought "sensitive.
Commissioner Green motioned to approve the submitted design with the staffs two conditions
and the addition of Condition 3: exterior lighting is not approved and a new fixture must be
approved by the Commission and Condition 4: landscaping plan is not approved as submitted
and a new plan must come back to the Commission for approval with additional landscaping
incorporated. Commissioner Savage seconded the motion and the motion passed 4 to 2 with
Commissioners Smith and D'Agostino opposing.
XI. Sketch Design — Lot 48 Duplex
Property Location: Lot 48, Block 4, Wildridge Subdivision/5151 Longsun
Applicant Andrew Royster, Fieldstone Development
Description: Andrew Royster of Fieldstone Development is proposing a duplex on this half acre
property on Longsun Lane. Both units of the duplex feature a mirrored floor plan layout, with
3,120 square feet of living space. Proposed materials include vertical wood siding, stucco, and
stone accents. The property is on the downhill side of Longsun Lane and bordered by a
developed duplex to the north, a vacant duplex parcel to the south, and an Open Space parcel
at the bottom of the property.
Matt Pielsticker presented the Staff Report.
Andrew Royster, applicant, approached the podium to address the staff report by commenting
that this was his first Sketch Plan Review to attend. He continued that mirrored image can be
remedied, drive was the most realistic solution to the site particularly regarding height, and roof
slope follows the steep site with a turn at the garage for a gable form.
Commissioner comments began with Commissioner Struve commenting that the shed roof over
the garage was not pleasing in its architectural style, stringers were dated in style, siding of
stucco and wood on top needed more of a visual. Commissioner D'Agostino expressed that this
application has potential but needed additional development, roof overhang detailing could
enhance the project, discrepancy with the plans and elevations were a staff concern, decks
detailing was warranted, and long column supports do not fit the character of the home.
Commissioner Smith commented that the home does not fit the neighborhood; project has an
industrial look and support from the roof line to the ground does not help its view. Commissioner
Green stated that this project was too mirrored in image, the site is difficult but the mirrored
image was not appropriate for the site, expressed that color was necessary, there was a need
for three dimensional representation on such a difficult site, the roof was uninteresting, huge
stucco was an issue, and architectural unreality exists. Commissioner Savage was concerned
with driveway slope, and agreed with his fellow commissioner's comments. Commissioner
Evans expressed that the plans provided were the wrong project on this site, and roof facing
your view was contrary to Design Guidelines. Commissioner consensus was for the applicant to
come back again for Sketch Plan Review since the Commissioners cannot give any approval
with this application.
Eric Cecil stood up in the audience and questioned the shed roofs, as it would cause the project
to "start all over" as the shed roofs were designed due to the ridge heights. Commissioner
Struve responded that he would have a hard time with approval because of the shed roofs.
Commissioner Evans also responded that this project as presented did not come close to the
intent of the Design Review Guidelines.
XII. Other Business
A. Fence Application
Property Location: Lot 63, Block 3, Wildridge Subdivision/4281 Wildridge Road West
Applicant/Owner: Henry Schneidman
Description: This application is for a fence that has already been installed. The fence
construction is with rounded logs and chicken wire, and is intended to keep the owner's dogs
contained to their property. The fence was installed in the same location as a split rail fence
that existed.
Matt Pielsticker presented the Staff Report.
Commissioner Struve questioned who had done it professionally. Commissioner Green queried
if the previous fence meet with the guidelines. Mr. Schneidman was not aware that compliance
with guidelines was an issue and a professional company had installed it. He continued that the
original fence was in disrepair and it was architecturally different from home.
Commissioner Struve had an issue that it isn't split rail, a problem with the chicken wire, that a
professional installer was unaware that it was not permitted; and he would like to see it
screened off from the road with trees and Mr. Schneidman agreed. Commissioner Smith could
live with fence material, but chicken wire and height of fence were inappropriate. Commissioner
Green commented that the chicken wire would oxidize with time to eliminate the shiny surface,
but it was too high but landscaping might mitigate some of the issue, but fences are only to be
two rails in height. Commissioner Savage commented that it was a nice attempt to match the
house, but it must be lowered in height to four feet and two rails. Commissioner Evans
expressed that certain guidelines do not get broke and one was the height of fence, fence
material was okay, suggested removal of top rail and chain saw the posts by 10 inches.
Commissioner Struve motioned within in the next 5 years the fence needs to be reduced in
height to four feet with additional landscaping for the neighbors. Commissioner Evans
seconded. Motion failed with 3 to 3 vote.
Commissioner Savage motioned to approve this application contingent that the fence be
reduced to 4 foot. Commissioner Struve seconded. All commissioners were in favor.
Tambi Katieb requested the commissioners to review the Charette data on Avon Main Street dot
cam website and click on phase 2 and look at the summary. A Comm Dev meeting will sit down
with Design Workshop. Lot 12 appeal will occur this Tuesday with Town Council and will be
prepared with a new concept at that time. The Gates forms for foundation will appear in the
next few days in order to get back on track with the construction schedule however there is not
a way to avoid default.
Lot 61 is interested in coming back and will revisit the PUD and they don't want to design a
project that doesn't accommodate the Confluence and Main Street projects. Lot C is owned by
the same owner as lot 61. Confluence applications are coning in this week.
XIII. Adjourn
Commissioner Struve motioned to adjourn; Commissioner Smith seconded the motion. All
Commissioners were in favor. The meeting was adjourned at 9:25 pm.
Respectfully submitted,
Ruth Weiss
Recording Secretary
APPROVED:
Chris Evans
Chairman
Phil Struve
Secretary \