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PZC Minutes 08-21-2007 (2)oil Town of Avon Planning & Zoning Commission '�� Meeting Minutes for August 21, 2007 AVON Avon Town Council Chambers C O L U R A D O Meetings are open to the public Avon Municipal Building / 400 Benchmark Road WORK SESSION WITH TOWN COUNCIL I. VAG, Inc. /Orion East Avon Concept Review Description: Pedro Campos, VAG, Inc, approached the podium to give the Planning and Zoning Commission and the Town Council an overview of the potential benefits for the Town of Avon with this project. His presentation included diagrams and pictures of the project. Brian Judge, Orion Development, discussed the overall plan with existing structures, demonstrated the layout of the proposed structures, shadow casting, pedestrian accesses, building heights ranging from 6 to 10 stories, application of the Comp Plan; and various comparisons in height to Sheraton, Avon Center and the Westin. Commissioner Evans asked for comments from the audience. Ron Wolfe, Mayor, commented the housing proposal and urban renewal contributions, that the project was creative, questioned Mr. Judge's comment that they might not be able to commit to the courtyard, project was monolithic and inconsistent with the East Town Center Plan, suggested taking a third of the building out of the picture, plus the flat roofs. East Town Center in a pedestrian scale was the object for Councilor Ferraro. Councilor Carroll was concerned with the heights and that this project set a dangerous precedent in height, size and mass. Councilor Phillips expressed a need for a connection to the gondola; and, building walls needed variations to omit the straight 'up and down'. Councilor Dantas troubled about heights, worried that this would cater more to businesses than guests, and more thought to use by locals was needed. Mr. Judge responded that they were interested in preserving the plaza. Councilor Underwood would like to see some of the architectural interest to get a handle on the project. Councilor Dantas asked on the phasing and Mr. Judge responded that it would be three phases, south first and then north. Councilor Sipes commented that height was troublesome and not in balance with the public benefit. Commissioner comments included that the concept was to enhance the town square and not turn our backs to it; north side pass breaks up mass, height an issue, drawings give a downtown feeling, too much height, bulk and mass; comp plan did not envision this on the east side of town; needed a town center and homey feel; more resident useful; concern with how pedestrians are handled; character and nature of a town center was a concern; too much volume, 10 —12 story buildings were inconsistent with Town's plans; compared to 4 Westins being placed on this site. The Commission would like to see a significant change in scope and scale. REGULAR MEETING II. Call to Order The meeting was called to order at 6:20 pm. III. Roll Call All Commissioners were in attendance. IV. Additions and Amendments to the Agenda There were no additions or amendments to the Agenda. V. Conflicts of Interest No conflicts of interest were revealed. VI. Consent Agenda • Approval of the August 7, 2007 Meeting Minutes. Commissioner Struve moved for approval of the Consent Agenda and Agenda as amended. Commissioner Lane seconded the motion and the motion passed 6 — 0 with Commissioner Evans abstaining due to his absence at the meeting. VII. Duplex Final Design — CONTINUED Property Location: Lot 70A, Block 1, Benchmark at Beaver Creek Subdivision /540 Nottingham Applicant/ Owner Jerald Wuhrman Description: Final Design for a duplex development accessed via an access easement from Lot 70 off of Nottingham Road. The design uses stucco, stone and wood siding as well as a mansard and gabled roof forms. This application was tabled from the August 7, 2007 Planning and Zoning Commission meeting. Jared Barnes presented the Staff Report Jerald Wuhrman, Applicant, approached the podium for his presentation. Mr. Wuhrman began by discussing his changes to the project plans. Commissioner Evans voiced that this project could not be approved as presented because there was no consistency on the proposal. For example, shutters were only on 4 windows on one elevation and nowhere else and curved chimney caps did not match other elements on the building. Commissioner Evans also stated that the building was a giant box, a minimum of 24" overhangs on roof were required in the guidelines, and the project needed to be completely reworked. Commissioner Lane questioned why the building hadn't addressed the Design Guidelines. Commissioner Green commented that the current design was not better than the original presentation. Mr. Wuhrman voiced that his original application was far different from its current presentation and discussed the changes he had made. Commissioner Evans voiced that the Design Guidelines were not being addressed or taken into consideration. Commissioner Goulding motioned to deny Item VII, Duplex Final Design, Property Location: Lot 70A, Block 1, Benchmark at Beaver Creek Subdivision /540 Nottingham with the findings that it does not meet the architectural interest section of the design guidelines. Commissioner Green seconded the motion. The motion passed unanimously with all Commissioners in favor of denial. VIII. Walkin' the Dog Special Review Use Review -,CONTINUED Property Location: Lot 70A, Block 1, Benchmark at Beaver Creek Subdivision / 540 Nottingham Applican6'Owner. Marisa Lahman Description: Re -review of the Special Review Use Permit (approved by Resolution 06- 14), issued at the Planning and Zoning Commission's October 3, 2006 meeting. The permit was approved for one year; subject to re -review no later than October 3, 2007. Matt Pielsticker presented the Staff Report to the Commission and began by giving a historical review of the project. Mr. Pielsticker requested to amend the recommendations of staff. Commissioner Goulding asked for date clarification of preceding events related to this SRU. Marisa Lahman, applicant, approached the podium and apologized for not understanding process and she would work more closely with the property owner. Commissioner Green asked of staff if there was anything in place to return the site to its original condition should the business leave this location and the response was affirmative. Commissioner Evans voiced to the applicant the conclusions that were available and that the Commission wanted the hillside revegetated. Matt Pielsticker voiced the need for $18,000 cash surety on the project for its completion. Commissioner Goulding commented that this SRU had 10 months of unresolved issues, total disregard of deadlines and no sense of urgency; work should begin on 8/27 and completion on 10/1. Commissioner Struve wanted action now, protection to the overhanging Juniper, different style of fence and to be completed by 10/1/07, and the direction of forgiveness and not permission will not work with this Commission. Commissioner Smith agreed with Commissioner Evans to get the work done. Commissioner Green moved to extend the permit, Item VIII, Walkin' the Dog Special Review Use Review, Property Location: Lot 70A, Block 1, Benchmark at Beaver Creek Subdivision / 540 Nottingham, with the following conditions: 1. The applicant will supply cash surety of not less than $18,750 to the Town of Avon to cover the expense to complete all reseeding and irrigation work necessary to revegetate and stabilize the results of clearing portions of Lots 20 and 21, Block 1, Benchmark at Beaver Creek Subdivision, no later than 5pm on Friday, August 24, 2007. If the cash surety is not received by August 24, 2007 at 5pm, the SRU permit will be revoked and the Town will pursue measures to reclaim the site to its natural state at the owner's expense. 2. The applicant will complete all work indicated on the engineered drawings and Landscape Plan, including revegetation and stabilization, no later.than October 1, 2007. The fence will also be installed by October 1, 2007. Failure to comply with the October 1, 2007, deadline mandates immediate revocation of the SRU permit. 3. The application will be re -reviewed at the October 2, 2007 Planning and Zoning Commission meeting for compliance with these conditions. 4. Adequate surety will be supplied to the Town when the use vacates the property in order to ensure the site will be restored to its original condition. 5. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representatives in this application and in public hearings shall be adhered to and considered binding conditions of approval. The Planning and Zoning Commission placed the above-mentioned conditions on your Special Review Use permit and cited the following findings: 1. There have been 10 months of unresolved issues regarding grading and disturbances which were not approved. 2. The applicant has willfully disregarded the conditions of approval. 3. The condition approved at the July 17, 2007 meeting, which required a Landscape Plan to be submitted prior to the August 7, 2007 Planning and Zoning Commission meeting, was not met. The motion was seconded by Commissioner Goulding and passed unanimously with 7-0 vote. IX. PUD Amendment — CONTINUED PUBLIC HEARING Property Location: Village at Avon PUD Applicant. Dominic Maudello, MPG/ Owner Traer Creek Description: Amendment request to reconfigure the planning area boundaries of Planning Areas H, Neighborhood Center, I, Neighborhood Center, E, Village Residential; and F, Village Residential, in order to create a larger buffer between commercial uses and the adjacent existing Eaglebend drive residential neighborhood. Also part of the request is a text amendment to the PUD guide that will result in a modification to the current percentages and ratios of commercial -to -residential uses in order to permit more residential density in areas that are presently planned for more commercial square footage. Commissioner Evans motioned to table the public hearing of Item IX, PUD Amendment, Property Location: Village at Avon PUD, to the September 18, 2007, Planning and Zoning Commission Meeting. Commissioner Foster seconded the motion and the motion passed 7-0 with all Commissioners in favor. X. Final Design Plan — Western Sage PUD/Wildridge Property Location: Lot 3, Western Sage PUD / 5205 Longsun Lane Applicant. John G. Martin /Owner. Ted Leach, Western Sage Partners, LLC Description: Final Design for a Single -Family residence in the Western Sage PUD. Lot is accessed from private drive off cul-de-sac on Longsun Lane. The Design features a 2 -car garage, European style design with wood siding, stucco/stone siding, and large roof forms. Currently under construction in this PUD are lots 1, 2, and 6. Jared Barnes presented the Staff Report. Commissioner Struve questioned the height calculations and was advised that height calculation was close to the maximum and that this figure will be verified during the construction process. Jeff Manley, applicant, commented on changes to the design from the original submission highlighting the color differentiation and continued with a visual presentation of the site with approved structure from Lots 1 and 2. Commissioner Lane commented on the high quality of the architecture and good elevation form. Commissioner Smith liked the design and Commissioner Foster agreed. Commissioner Green asked if the entire project could be moved south on the project so that the hammerhead could fit within the building envelope. Mr. Manley responded that the height and driveway grades limited this project to its current spot. Commissioner Green moved to approve Item X, Final Design Plan — Western Sage PUD/Wildridge, Property Location: Lot 3, Western Sage PUD / 5205 Longsun Lane, with staff conditions. Commissioner Smith seconded the motion and the motion passed 7-0. XI. Minor Projects A. Shed Addition Property Location: Lot 41-B, Block 3, Wildridge Subdivision 14330 Flat Point Road Applicant: James G. Downs, Tuff Shed, inc. / Owner. Tony Prior Description: Construct a shed in the side yard of the subject property. The shed exterior finish will match the existing residence. Jared Barnes offered the staff report to the Commission. Commissioner Struve questioned if it would be on slab or piers and Mr. Barnes responded that it would be on slab, and all exterior colors and materials would match the existing structure. Commissioner Green questioned where the site plan, elevations, color, and materials were for review. Mr. Heidemann requested the Commission to table this application to the next meeting and that the packet should be more complete. The applicant could not be present. Commissioner Foster moved to table Item XI, Minor Projects, A. Shed Addition, Property Location: Lot 41-B, Block 3, Wildridge Subdivision / 4330 Flat Point Road, with Commissioner Smith seconding the motion. The motion passed 7-0 with all Commissioners in favor. B. Color Change Property Location: Lot 32, Block 2, Wildridge Subdivision / 2643 Bear Trap ApplicantlOwner. Patrick McKenny Description: Change materials and colors on one half of an existing duplex. Siding, Stucco, and Deck railings will be modified by this application. Jared Barnes offered the staff report to the Commission. Commissioner Foster asked if better pictures were available. Patrick McKenny, applicant, approached the Commission and distributed a packet. Mr. McKenny stated that due to staffs verbal approval, he has already ordered the materials. Mr. McKenny continued by giving historical detail of previous projects on the duplex residences and of the discussion of this proposed color change with his duplex neighbor, Mr. Casey Frehe. Commissioner Green began that he had no problem with the look but voiced that the Commission was not in the position to mediate neighbor conflicts and suggested they work it out. Commissioner Evans proposed that the two neighbors go out in the hall and discuss the project. Casey Frehe, neighbor, commented from the podium that his side of the duplex was up for sale and preferred that the new buyer have the option of color choices, but Mr. McKenny did not want to wait. The discussion continued with Mr. Frehe stating that both neighbors were not in agreement therefore a color change cannot be approved. The Commission once again stated that they had no problem with the siding or the pickets. Commissioner Struve motioned to approve Item XI, Minor Projects, B. Color Change, Property Location: Lot 32, Block 2, Wildridge Subdivision / 2643 Bear Trap, with the following conditions: 1. Existing wooden pickets be changed to vertical black metal pickets; 2. The existing vertical siding be changed to horizontal siding with the color to remain the same; and 3. The current color of stucco is to be maintained, upon agreement of the duplex neighbor the stucco can be repainted to the proposed mocha color and the siding colors can be changed as shown in the rendering added as an exhibit to the file. Commissioner Foster seconded the motion and it was approved 7-0. C. Deck and Pavilion Addition Property Location: Lot 12B, Block 1, Wildridge Subdivision / 2190 Saddleridge Loop Applicant/ Owner. Chadd Ziegler Description: Proposal to construct a 37' x 20' deck addition. Within the perimeter of the proposed deck addition would be a 10' tall "pavilion" structure. Matt Pielsticker presented the Staff Report. Commissioner Green voiced that he does not have enough information to approve and that the submittal was about 75% complete. Struve agreed with green and voiced concern with the stilts and questioned the need for additional landscaping. Mr. Pielsticker mentioned to the Commission that for a Minor Project the submittal documents were minimal and not subject to more detail. Chadd Ziegler, applicant, approached the podium and commented that a rendering was not offered until he knew what the Commission wanted to see. Commissioner Foster commented that she could not envision what existed and what was being proposed. Commissioner Struve could not imagine approving a structure on top 'of a deck. Mr. Ziegler stated that the walls were there for protection from the wind and was looking for direction from the Commission. Commissioner Green questioned what the existing deck was and Mr. Ziegler commented that the new deck would be part of the old, and being on the side of a hill, therefore the need for stilts. Commissioner Evans requested a section of the deck from the architect. Commissioner Green voiced that it may not be the best way to address the issue of windblock for this structure. Commissioner Foster revealed concern for the height and Commissioner Struve questioned lighting. Commissioner Struve moved to table Item XI, C. ,Deck and Pavilion Addition, Property Location: Lot 12B, Block 1, Wildridge Subdivision / 2190 Saddleridge Loop, to the next Planning and Zoning Commission Meeting with Commissioner Foster seconding the motion. All Commissioners were in favor XII. Other Business • Duplex Guidelines Revision — Community Development Commission approved the guidelines at their last meeting. • Snow Run Town homes (update) — discussed earlier in the evening with one of the owners, Ron Tribelhorn. • Urban Renewal Plan and the Investment Plan were approved by Town Council. XIII. Adjourn Commissioner Smith motioned to adjourn. Commissioner Lane seconded the motion. All Commissioners were in favor. The meeting was adjourned at 8:40 pm. Respectfully submitted, Ruth Weiss Recording Secretary APPROVED: Chris Evans Chairman Phil Struve Secretary