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PZC Minutes 08-04-2009 (2)Town of Avon Planning & Zoning Commission 7_ >- 7/r Meeting Minutes, August 4, 2009 VON Avon Town Council Chambers Meetings are open to the public Avon Municipal Building / One Lake Street C O L O R A D O REGULAR WORK SESSION (5:00pm — 5:30pm) 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. II. Roll Call All Commissioners were present. 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. V. Consent Agenda Approval of the July 21, 2009 Meeting Minutes. Action: Commissioner Green moved to approve the minutes. Commissioner Roubos seconded the motion. Commissioner Goulding asked that 2 minor changes be made. Commissioners Green and Roubos accepted the amendment and the motion passed 7-0. ZONING VI. Stonebridge PUD Amendment Property Location: Tract B, Filing 3, Eaglebend Subdivision Applicant. /Owner. Richard Landy, Stonebridge HOA Description: A proposal to amend the zoning of an Eaglebend Subdivision tract of land. Currently, the tract is commonly owed by the Stonebridge HOA and is zoned for "open space, landscape, drainage, pedestrian trails, and utilities." The proposal is to carve out a new lot ("Lot 20") from Tract B, thereby reducing the net open space for Filing 3, and zoning the new lot for one single-family dwelling unit. Discussion: Matt Pielsticker presented the Staff Report. Commissioner Green asked Staff if there has been an application to convert a parcel of open space into a developable parcel. Staff responded that it there has not been any application of that sort. Richard Landy, representative of the Stonebridge HOA, presented the proposal. He discussed the history of the project. He highlighted the amount of green space and how even after this application there would still be more than 60% of the land as open space. Commissioner Roubos stated that she is surprised by the request and is asking if there is an underlying reason why this application is proposed. Richard Landy responded that it is undeveloped woods and that is the main underlying reason. Commissioner Anderson asked if individual lots were platted. Matt Pielsticker responded that a development plan was approved, but not subdivided. Commissioner Prince asked if there was support from the HOA. Richard Landy responded that the vote was 18-1. The Public Hearing was opened. Chris Etrem, not a member of the Stonebridge HOA, commented that she was an original owner of Eaglebend. She stated that this is the remaining open space that is usable for owners of the west end of the Eaglebend Drive. Whitney Goulden, 3770 Eaglebend Drive and east of the Stonebridge PUD, commented that a majority of her windows and decking face the open space. She stated the developer had an intent when this property was platted this way. The Public hearing was closed. Action: Commissioner Green moved to deny the application for the reasons stated in the Staff Report and add the findings that there is no precedent for this action and the comp plan encourage connectivity between neighborhoods and the river and this application doesn't keep with the intent of the Comp Plan, and there is a public benefit to green space anywhere in this town. Commissioner Struve seconded the motion and it passed 7-0. VII. Gandorf PUD Property Location: Tract B, Block 1, Wildridge Subdivision Applicant: Dominic Mauriello, MPG /Owner Gandorf Tract B LLC Description: A proposal to rezone the only commercial lot in Wildridge to zoning that permits two duplex structures. Each half of the duplex will be a maximum of approximately 1,800 square feet. Discussion: Matt Gennett presented the Staff Report. He highlighted the zoning classification and the relationship between caretaker apartment units and dwelling units. He also clarified the staff recommendation and how the condition is more of an example and how a true public benefit could be achieved. Commissioner Green asked if the context spoken of by Staff only refers to the density. Matt Gennett responded that density is one issue. He also highlighted the replat as another context and how the plat differentiates between dwelling unit and assessory unit, as well as the total number of types of dwelling units and total number of units. Commissioner Struve asked about the deed restriction. Matt Gennett stated that the deed restriction will be different than those in Wildwood and that there would be no price appreciation cap. Commissioner Prince questioned the use by right. Staff specifically described the uses allowed by right. Dominic Mauriello, MPG representing the owners of the property, outlined the proposal. He also discussed the history of the parcel of land. He stressed that the proposal would have a multi -family structure layout to it. The owners of the duplexes would only own the units and the HOA would own the common areas. Commissioners Prince and Struve questioned the types of responses received from the general public and the applicant. Dominic Mauriello highlighted the land use summary and stated that he doesn't differentiate between the dwelling units and apartments. He discussed the proposed site plan and highlighted the proposed easements for potential pathways and mail delivery. Dominic Maudello also compared the proposed project to the Residential Low Density zone district. He also discussed portions of the Comprehensive Plan and how they affected the proposal. Commissioner Prince questioned the Condo style development over a townhome style development. The Public Hearing was opened. Jim Benson wanted to see more parking spaces, didn't like the triplex configuration, and wanted the units to be free market. Bill Willow agreed with the comments made by Jim Benson. He preferred the use change and wasn't opinionated on the number of units. The Public Hearing was closed. Commissioner Green thanked Dominic on his thorough, yet lengthy presentation. He stated that the use is acceptable. He does state that the application is higher in density than what was proposed by Staff. He commented that the deed restriction will help locals be able to purchase homes and that if there is no restriction "out-of-towners" will snap up the units. He wants to ensure there is a direct connection for pedestrians between the current paths and the proposed path area. Commissioner Struve commented that the original plat and PUD is outdated and the commercial use is not applicable anymore. He stated that a majority of the traffic into Wildridge goes down Old Trail. He did state he has issues with deed restrictions. Commissioner Roubos stated that information presented effectively swayed her opinion of the Public Benefit. She does state that these units will be snapped up by Denver residents and she feels that a deed restriction would be a good idea. Commissioner Prince agreed with the use change. He also questioned who would purchase the potential units. He was not in agreement with the deed restriction. He agreed with his fellow Commissioners in the two duplex configuration. Based on the proposal submitted and the neighborhood characteristics he strongly feels that the free market should dictate what type of product is built. Commissioner Lane agreed with the comments made by his fellow Commissioners. Commissioner Anderson stated he was not in support of the application prior to the meeting. He stated that he is not in favor of the proposed public benefit and he stated that owners surrounding purchased their homes with the knowledge that it was zoned commercial. Commissioner Goulding agreed with Commissioner Anderson that we shouldn't rule out the potential for future commercial. He did state that the Comp Plan does contemplate residential uses on this site and there is generally 15 dus per acre. He did question the public benefit provided by the applicant. He stated that he would support residential, but he would support baseline zoning. Since the application is asking for more density than zoning, he would like to see a greater public benefit. He also commented that he would like to keep more full-time residents in Wildridge. Matt Gennett highlighted the differences between assessory units and dwelling units. He stated that the proposal is actually an upzoning since there are no DUs as uses by right. Commissioner Green stated that a comment was made that smaller units are less quality. He strongly disagreed with that statement. He also commented that a down market is no reason to allow for zoning modification. He stated that at some point smaller units will become more attractive and those will be snapped up quicker. He stated that the down market argument goes against the Town Council direction the P&Z has received. He stated that what is right for the community is most paramount. Commissioner Prince stated that a public benefit can be construed as taking away a nuisance. Dominic proposed the first 90 days the units are on the market they would be sold to Eagle County residents. Commissioner Roubos stated that it comes down to Public Benefit and that a deed restriction would only enhance the Public Benefit argument. Action: Commissioner Green moved to table the application. There was no second and the motion failed. Commissioner Prince asked if the applicant would have an issue with one unit being deed restricted. Dominic responded that there would be an issue. Commissioner Roubos moved to approve the application with the following conditions: Subject to the Avon Design guidelines, Deed restriction to eagle county residents, size as proposed, and staff conditions 3, and 4. Commissioner Lane seconded the motion and it failed with a 2-5. Commissioner Struve made a motion to approve the application with the following conditions: Maximum density is 4 (2 duplexes), max GFA is 1500 and 1900, staff conditions 3 and 4, and Avon DRB. Commissioner Prince seconded the motion. It failed 2-5. Commissioner Green moved to table to the first meeting in September. Commissioner Roubos tabled and it passed 6-1. VIII. Other Business Transportation Master Plan Justin Hildreth, Town Engineer Description: Presentation of the draft Comprehensive Transportation Master Plan, which includes an assessment of the current and future vehicular, bicycle, transit, and pedestrian infrastructure demands. Discussion: Charles Buck presented the Comprehensive Transportation Plan. He highlighted the changes made to the plan specifically the overpass on Avon Road at Main Street, Holly Buck also helped present the Transportation Plan. Commissioner Green appreciated the summary and recommendations included. Commissioner Struve agreed with Commissioner Green's comments that the bike path needs to be separated from the roadway. Commissioner Green still doesn't think the plan is visionary enough. He commented on the Avon Road crossing and still didn't think that the elevators proposed are the best route. He still felt that the proposed plan does not help the Planning and Zoning Commission guide future developers and the town towards how to improve the town. Commissioner Struve commented that the plan does help the town review developer's results. Commissioner Roubos stated that there is a very limited plan portion of the document. She also agreed with Commissioner Green. Commissioner Anderson agreed with Commissioners Roubos and Green. He preferred an open ended plan that just addresses the issues and doesn't propose the solutions. Commissioner Lane stated that he feels the plan is too diagrammatic. He feels some of the priorities needed to be focused on specific improvements and their designs. q Commissioner Prince stated that Commissioner Anderson brought up a good point. He agreed that all of the solutions should not be placed on the consultant and should be placed on future developers. Commissioner Goulding wanted the visions to be vague. He stated that he wasn't overly concerned with the costs, but wanted the best solutions possible. An example was that he would prefer Avon road being sunk and at grade crossings be provided for pedestrians. He stressed the layering of importance of improvements and types of transportation as well as the types of funding mechanisms for improvements. Commissioner Roubos wanted the applicants to look at this plan as Main Street was addressed. Commissioner Green commented on how the West and East Town Center plan were undertaken. He stated that he has concerns about how this plan has been undertaken differently. He would like to see a small group that helps guide these plans. He suggested the Comm Dev Subcommittee meet to review this plan. Commissioner Anderson stated that the plan could be separated into a plan, cost estimates, potential details, etc. Commissioner Lane agreed with the comment made by Commissioner Anderson. The Commissioners asked Staff to present this to the Comm Dev Subcommittee. Justin Hildreth stated that this is reactionary to the other planning documents that have been approved. IX. Other Business Joint Work session on Aug 11 Courtyard Villas update The meeting was adjourned at approximately 9:15. Approved on September W. Todd Goulding Chairperson /11 Phil Struve Secretary