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PZC Minutes 02-03-2009 (2)HEART of the \;ALLGN I WORK SESSION (5:OOpm — 5:30pm) Town of Avon Planning & Zoning Commission Meeting Minutes for February 3, 2009 Avon Town Council Chambers Meetings are open to the public Avon Municipal Building / One Lake Street Discussion of Regular Meeting agenda items. Open to the public. REGULAR MEETING (5:30pm) Call to Order The meeting was called to order at approximately 5:35 pm. Roll Call All Commissioners were present with the exception of Commissioner Green. III. Additions and Amendments to the Agenda Staff moved Item VI, Final Design Extension for Lot 21, Block 3, Wildridge Subdivision, to the consent agenda. IV. Conflicts of Interest There were no conflicts of interest. V. Consent Agenda • Approval of the January 20, 2009 Meeting Minutes • Item VI, Final Design Extension for Lot 21, Block 3, Wildridge Subdivision Action: Commissioner Goulding moved to approve the Consent Agenda as amended by Commissioner Roubos. Commissioner Struve seconded the motion. It was approved 6-0. VI. Final Design Extension Burkhard Single -Family Property Location: Lot 21, Block 3, Wildridge Subdivision / 4250 Wildridge Road West Applicant/Owner: Erich Burkhard Description: Final Design extension request for a single-family residence (with caretakers unit) that was approved on February 6, 2007. This is a duplex -zoned lot. The size of the residence is 4,300 square feet, which includes garage space and a proposed maximum height of 34.5'. Proposed materials include redwood, colored concrete to match existing site, aluminum window frames, and asphalt shingles. Discussion: Discussed during Work Session. Action: Approved on Consent Agenda VII. Trails Master Plan Description: The Public Works and Transportation Department will present the recently completed Trails Master Plan. Discussion: Jennifer Strehler, Public Works Director, presented the Master Plan. She stated that the Consultant was unable to attend this meeting and that he can address the comments III 1LN" made then report back. Jennifer stated that this document was intended to outline the recreational trails, not the road and paved trails. Commissioner Struve stated that he would like to see a differentiation between "x -country mountain biking trail" and "downhill mountain biking trail." He felt that they should be biased towards x -country riders. Commissioner Evans asked about the prioritization of the improvements, and would like to see how the trail improvements were formulated. For example, the Beaver Creek point trail and $250K as second priority may not be desirable given the current economic climate. Jennie Strehler stated that some grant funding will likely be available Commissioner Roubos felt that the new trails may not be desirable since there are several existing trails in the area that are already used. Commissioner Goulding questioned what public input had been taken in since the plan was produced. Staff responded that this is the first formal hearing for the public to review the plan. Commissioner Prince asked if the trail from Wildwood to the area where wood is burned in Mountain Star was considered. He stated that this particular trail is used throughout the year by Town residents. Commissioner Struve felt that parking at the maintenance/Annex shed would be nice for trail use if this trail were put into the system. Commissioner Roubos asked if the "roundabout" on Metcalf Road was actually a truck turnaround. Jennifer Strehler responded that yes, this area was designed for truck turnaround activity. . Commissioner Prince asked if the parking trailhead indicated for Wildridge Road East considered impacts to neighbors in the area. Commissioner Roubos agreed with Commissioner Prince, and questioned the wildlife impacts with the new proposed trails. Commissioner Lane felt that signage should be kept to an absolute minimum for any trails. Matt Pielsticker clarified that the trailhead indicated for the area near Wildridge Road East and Ferret Lane was indeed a trailhead access point, and not a parking area. Commissioner Struve stated that if there is a trailhead people will park there and ample space needs to be provided therefore. Action: No action was necessary as it will be discussed on February 24th, 2009 at the Town Council joint meeting. Historic Preservation Committee Property Nomination — PUBLIC HEARING Nottingham Blacksmith Shop Property Location: Lot 1, Filing 4, Eaglebend Subdivision 12000 Hurd Lane Applicant: Historic Preservation Advisory Committee / Owner. • Frank A. Doll Marital Trust/Imogene L. Doll Family Trust Description: Greg Macik and Jeanette Hix, on behalf of the Avon Historic Preservation Advisory Committee, submitted a recommendation for a structure to be considered for Historic Landmark designation — the Nottingham Blacksmith Shop. All Historic Landmarks must be reviewed by the Planning and Zoning Commission, prior to moving to the Town Council. Discussion: Matt Pielsticker highlighted the nomination. He also outlined the nomination procedure language from the Historical Preservation Code. Commissioner Goulding highlighted a grammatical error in the resolution. He also questioned the review process and the hardship it could place on the property. z# Commissioner Prince asked if the owner of the property was notified and fully understands the process that is being undertaken. Matt Pielsticker stated that the owner was notified, but that no response has been received. Greg Macik, representing the Avon Historic Preservation Committee, commented on the nomination. He stated that the main goal of the Committee was just to have the property brought to the public eye. He would like the residents of Avon to know that there is a piece of Avon history on this piece of land. Maurice Nottingham, neighbor, stated that he had talked to the son of the owner. He also stated that the owners of the property would possibly like to move the Blacksmith Shop to Laramie, WY. Commissioners Roubos and Prince asked about the designation and what it does to the structure and land. Greg responded that the designation would require a DRB application for any changes to, moving of, or tearing down the structure. Commissioner Evans stated that he would be in favor of the designation if the owner of the property was in favor. He also stated that he has a problem with any designation where the owner of the property is not "on board.° He discussed his global concerns of restricting private property for the benefit of the public good. Greg Macik stated that the Commission has a regulation that does not require property owner approval for designation. He sees the designation as a notification to the owner that the Town feels this structure is a part of the Town history, and that they will have to deal with the Town on any modifications to the existing structure. Commissioner Struve commented that he felt that this structure is historic, but has concerns about designating without ownership approval. Commissioner Lane agreed with Commissioner Struve. Eric Heidemann stated that he does agree with the Planning and Zoning Commission. He also stated that the language that would require property owner consent was in the original draft of the ordinance to Town Council, but that language was deliberately removed by Town Council. Commissioner Evans responded that he was aware of that fact. His concerns are with the ethical question of placing designation on a property without any input from the property owner. He stated that he would be comfortable moving a recommendation of approval subject to the property owner consent. Eric Heidemann stated that he thought that would fully summarize the concerns of the Commission. Commissioner Roubos asked if there would be a better chance of approval if the property owner would comment on the designation. Action: Commissioner Struve moved to table the application until February 17'", 2009. Commissioner Roubos seconded the motion and it passed with a 5-1 vote. IX. Zoning Code Text Amendment: Title 17.14 Vested Property Rights- PUBLIC HEARING Applicant. Town of Avon Description: Review of Ordinance No. 09-02, Series of 2009, Repealing and Reenacting the Town of Avon Vested Rights Regulations (Section 17.14—Avon Municipal Code). Discussion: Eric Heidemann outlined the Town initiated text amendment. Commissioner Goulding asked about the intent of section 17.14.030.C. He was wondering if there was a certain level of detail for ordinances or resolutions that would be applicable. Eric Heidemann responded that the vesting would still be subject to any new regulations that were passed. Commissioner Goulding stated that he was fine with the intent of the regulation and q thought that the language might need to be cleaned up to bring forth that intent. Commissioner Goulding stated that the intent regarded technical standards, building standards, massing, etc. Commissioner Goulding brought forth specific suggested language. Larry Brooks, Town Manager, stated that the specific language would likely not be approved by the Town Council, and that the majority of the Ordinance has been taken from the Colorado Revised Statutes. Commissioner Evans stated that he would like to have this Commission agree on specific language due to the tight timeframe of this amendment. Commissioner Struve asked if Commissioner Goulding would be agreeable to a recommendation. He responded that he would not be agreeable to that. Commissioner Evans stated that he would support a motion that allows the Council and the Town Attorney to review and potentially wordsmith Commissioner Goulding's recommendation. Commissioner Goulding was amenable to that. The Public Hearing was opened and subsequently closed due to no input. Commissioner Lane asked Commissioner Goulding if there was an inherent risk to being a developer. He asked if there are external risks that are of a greater potential cost to the development than what the Town would be able to impose. Commissioner Goulding responded that there were certainly things that the Town could impose that would cost the developer more money than some external factors. Commissioner Prince asked if the term significant was defined in the CRS. Eric Heidemann stated that it was not due to its subjectivity. Commissioner Evans asked if the Commission could forward a recommendation to have Staff and the Town Council look into this section Prince asked about Section 17.14.060 (a) specifically the date. He questioned why it was retroactive. Eric Heideman stated that it was unchanged language from the current Ordinance, and the idea is to preserve the "frozen date". Commissioner Struve asked if Section 17.14.060 (b) 1-3, needed more commas, specifically after "specifically" and after "to" in Section 17.14.060 (b) 2. Eric stated he would forward that recommendation on to Eric Heil for consideration. Action: Commissioner Goulding motioned to approve Resolution 09-03, with direction for Staff, the Town Attorney, and Town Council to review Section 17.14.030 (c) to add more specificity to the unilateral regulations to be included or defined in this section. It was suggested to reduce the language to specify what ordinances or regulations will be included. Struve seconded. It passed 7-0 X. Other Business • Riverfront Village Mockups Commissioner Evans stated that he would like the words "prior to" instead of "during" with regards the construction of the buildings. Also, the corner detailing needs to be at least 3' to demonstrate returns. • Rideshare shelter in Wildridge down to Town • Maximum Comfort truck deliveries XI. Adjourn The meeting was adjourned at approximately 7:05. �j Approved on Fe uary 97, 2009: Chris Evans G Chairperson fin, p� Phil Struve Secretary