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PZC Minutes 12-01-2009 (2)Town of Avon Planning & Zoning Commission Meeting Minutes for December 1, 2009 jT O Avon Town Council Chambers V 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 5:30 pm. II. Roll Call All Commissioners were present, with the exception of Commission Lane. 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 • Approval of the November 17, 2009 Meeting Minutes Action: Commissioner Green moved to approve the consent agenda as amended. Commissioner Anderson seconded the motion and it passed 6-0. ZONING VI. Airpark Auto Special Review Use Property Location: Lot 4, Block 1, Benchmark at Beaver Creek Subdivision Applicants: Paul Bartsch & Trish Shultheis, Airpark Auto & Truck Owners: Bruce and Chuck Allen Description: A Special Review Use (SRU) Permit request to operate a vehicle service and repair facility on Nottingham Road. Discussion: Matt Pielsticker briefly outlined the proposal before the Commission. He highlighted the code language that limited the types of use. Commission Prince questioned why educational use is specifically called out as not allowed. Matt Pielsticker responded that it is not specifically allowed at this time and would require a change of zoning. Sally Vecchio provided a list of potential impacts that need to be mitigated prior to approval. Commissioner Goulding questioned the reasoning for a recommendation for 5 years of review. Matt Pielsticker responded that it was consistent with recent SRU approvals, and also coincides with the tenants lease period. Commissioner Struve questioned if the Commission could call up the SRU. Commissioner Goulding asked why the definition of "Automobile" wasn't used verbatim. Matt Gennett stated that staff was clarifying the "Light" portion of that definition, and did not include the entire definition. Mike Devins, of Remax Vail Valley, representing the business owners, highlighted the proposal. He stated that he was asked by Colorado Mountain College to do Vocational Technical classes up valley. He discussed the building code issues with the building and stated that some of those issues could be dealt with by changing the use to classrooms. Commissioner Roubos asked if the classes were free. Mike Devins responded that the public benefit was to provide space for the classes. Commissioner Struve questioned the National Interlock system. Paul Bartsch explained the system and stated that this was the only service of this type provided from Grand Junction to Denver and that it would be performed in the Gypsum location. Trish and Paul explained that it was a devise to disable the starter if a person has alcohol on their breath. Commissioner Green questioned the educational use. Sally Vecchio stated that an educational use is not allowed within the specified zone district and therefore it is not allowed. Commissioner Struve asked who would manage the property. Paul Bartsch responded that this has not been determined, but in all likelihood he would be one of the primary managers. Commissioner Roubos questioned the number of cars staying overnight. Paul responded that he could hold 12 inside the building but the exact number of cars outside would change. Commissioner Prince asked when a car is deemed abandoned. Matt Gennett responded that it was after it was in one place, or inoperable for 30 days. Commissioner Goulding asked if the potential use was inline with the definition of Automotive Repair. Paul responded that it would be. Commissioner dialogue ensued discussing the light repairs, the nature of the business, and other items related to the use of the property. The Public Comment period was opened. Terry Cosh stated that he supported this use within the building even though he would be one of the bigger competitors in the local area. He fully supports the application. The Public Comment was closed with no other comments. Commissioner Anderson stated that this site was used for this type of use in the past and the proposed use makes sense. He stated this was somewhat against the Comp Plan, but it still made sense. He is in favor of the SRU. Commissioner Green questioned if this use was a "gateway use" for the Town. He did comment on the use of the rental units and asked if they were going to be refurbished and/or used again. He asked about the ability for vehicular circulation with exterior parking. He also had concerns about the amount of noise coming from the property. He stated that screening would be necessary and drainage is important. He wanted input from his fellow Commissioners on whether the 5 years was appropriate or if a shorter time frame would be more beneficial. Commissioner Struve stated this building was built for this purpose. He stated that limit to the number of outdoor parking should be included in the SRU. He would also like to see a way to do education in the building if at all possible. Commissioner Roubos agreed with Commissioner Struve's comments. She commented on the screening of the building, and spoke specifically to the outdoor storage of vehicles. She stated she was comfortable with the 5 year time frame. Commissioner Goulding stated that he felt it was a great use for the area. He felt that Staff did a good job at addressing the 4 criteria of the SRU. He commented on each criteria and agreed with Staff with the exception of number 2 which he thought should be non -applicable. He did comment about the public input that was provided in the Staff Report. There was a letter received from presumably an owner of a condominium in the area; however, the letter only spoke to the lowering of property values without a clear rationale. Commissioner Prince agreed with the majority of the Commission that this is the highest and best use of the property. He would encourage the applicant to go forward with a zoning change to allow for educational uses. Sally Vecchio clarified that the definition is Light Automobile not Light Vehicle. She further clarified that a one ton limit is generally used as a threshold. The applicant asked if commercial vehicles would be allowed. Commissioner Prince stated that a 5 year approval would further incentivize proper improvements to the building. Commissioner Struve questioned the stacking of vehicles on Nottingham Road. Trish responded that the Port-cochere would be used as a valet. If the vehicle stacking became an issue then additional cars would not be allowed on the property. Signs could be installed if they were deemed appropriate Commissioner Goulding summarized the comments heard thus far. He thought linking the definitions of Automobile Repair should be linked, with the exception of gasoline sales. He thought an approval deadline would be beneficial for the Minor Project. Sally Vecchio stated that the Minor Project should be prior to the issuance of a Building Permit. Action: Commissioner Struve moved to approve Resolution 09-15 with the findings and conditions listed in Staffs report. It was clarified that the definition for automobile service should match the code definition; Condition #4 should be approved by the "Avon" Chief Building Official; Condition #5 should be reworded to require a Minor Project approvalrip or to the issuance of a building permit; Condition #7 will be added to limit of the number of overnight outdoor parking to 9 automobiles; and the drafted Condition #7 should now be read as Condition #8. Commissioner Roubos seconded the motion. Commissioner Prince stated that the outdoor overnight parking should be dealt with at the Minor Project review. Commissioners Struve and Roubos agreed that 7 be changed to outdoor overnight parking will be addressed at Design Review. The motion passed 6-0. DESIGN REVIEW VII. Heat Recovery Project Property Location: Tract N and Tract H, Benchmark at Beaver Creek Subdivision Applicant: Mark Donaldson, Victor Mark Donaldson Architects Owners: Eagle River Water and Sanitation Dist, Town of Avon Description: The applicant is requesting approval for the design of two separate accessory structures, each necessitated by the construction of the heat recovery project, which is slated for construction in 2010. Discussion: Matt Gennett briefly described the proposal. Commissioner Goulding questioned the exemption that was stated throughout the report. Mark Donaldson discussed the district site and the lack of initial knowledge on the Zoning. Matt Gennett highlighted that a current building is already constructed in this zone district of a similar use. Commissioner Goulding questioned if this process was going through the same process the t general public would. Commissioner Green stated that this use was a public benefit and sustainable therefore there should be some allowances for loose interpretation. Commissioner Goulding stated that all open space shouldn't be allowed to be developed with solar panels. Commissioner Goulding stated that Staff should provide quality findings to justify the land use. Commissioner Green questioned the separation of the Rec Center and the Heat Exchange building. Commissioners had the following comments on the Heat Recovery building: Commissioner Struve stated it looks just like the last building and it should look more like the old barn. Commissioner Anderson commented on the non -articulated roof ridge. Commissioner Prince does not find the design in compliance with Town Guidelines. Materials, roof lines, lack of articulation, it's a plain boring building. Commissioner Green agreed with Commissioner Prince. He stated that a 38 foot long ridge is small but a simple solution exists to vary the roof form. He said he was torn on the application. Commissioner Roubos stated that she thought we were limiting ourselves. She said that it should be designed a bit better. Commissioner Goulding stated that he agreed with the previous comments. Commissioners had the following comments on the Heat Exchange building: Commissioner Green doesn't have a problem with minimizing the architecture. He did suggest planting trees to replace the removed trees. Commissioner Prince questioned the fixing of stone and will there be a subsequent issue with this building. He had no other comments. Commissioner Anderson questioned the number of parking spaces currently available and how many are extra. Commissioner Struve had no architectural comments. He said it blended in well. He would like to see better plantings. Commissioner Roubos questioned planned plantings. Commissioner Green questioned the guardrail. Commissioner Goulding questioned if there was any other place possible to put this use. Action: No formal action is required as this is a Sketch Plan review. VIII. Other Business • 2010 Capital Improvements Project Update - Justin Hildreth, Town Engineer Addition to Rec Center Overall Site Plan • Next Meeting's Anticipated Agenda • Courtyard Villas Color Scheme • Gandorf Deed Restriction IX. Adjourn The meeting was adjourned at 8:30. Approved on December W. Todd Gouldin Chairperson Phil Struve , Secretary