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PZC Minutes 081898Record of Proceedings Planning and Zoning Commission Meeting Minutes August 18, 1998 The Town of Avon Planning and Zoning Commission regularly meets at 6:00 p.m. on the first and third Tuesday of each month, in the Avon Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, CO 81620. Meeting agendas are posted at least 72 hours in advance of the meeting in the following locations: Avon Municipal Building lobby; Avon City Market lobby; Avon Recreation Center lobby; Eaglebend Apartments laundry room. Commission Members Staff Members Mike Dantas Karen Griffith, Town Planner Chris Evans, Vice Chair Jacqueline Halburnt, Recording Secretary Anne Fehlner George Harrison, Planner Andrew Karow, Chair Mike Matzko, Community Development Director Paul Klein Greg Macik Sue Railton, Secretary Agenda Call to Order Commissioner Karow called the meeting to order at 6:20 P.M. Roll Call All Commissioners were present. Additions and Amendments to the Agenda Chairperson Karow announced that there was a sign-up sheet for those citizens who wished to speak during the public comment portion of the meeting. Conflicts of Interest None Consent Agenda A. Approval of the August 4, 1998 Planning & Zoning Commission Meeting Minutes Motion Commissioner Evans moved to approve the consent agenda. Commissioner Fehlner seconded it and the motion passed unanimously. Final Design Review A. Lot 22, Block 2, Wildridge Subdivision - Plavec Duplex Project Type: Residential Duplex Property Owner/Applicant: George Plavec Address: 2960 June Creek Trail George Harrison reviewed the project as outlined in the staff report. He passed around the sample color board for Commission's review. The applicant, George Plavec, was present, but declined to add further information to Mr. Harrison's review. Commissioner Fehlner said the site plan showed two retaining walls on the east side, but the landscape plan only showed one. Mr. Harrison said the site plan detailed site specific details on sheet Al and was the most current. Commissioner Dantas asked the applicant to ensure that the building height was 35 feet. Commissioner Evans asked where the additional surface parking space for each unit was located. Mr. Harrison said staff had consistently counted the space in front of the garage of each unit. Motion Commissioner Dantas moved to approve the proposed final design for the residential duplex on Lot 22, Block 2, Wildridge Subdivision, as depicted on the application and plan set dated August 4, 1998, subject to the following conditions: 1. That the driveway access be move eastward to lessen potential impact to the June Creek access easement. 2. That the applicant was fully aware that the building height was not allowed to exceed 35 feet. Commissioner Evans seconded the motion and it passed unanimously. B. Lot 13, Block 4, Wildridge Subdivision -A-T Inc. Residence Project Type: Remodel and Addition; Conversion to Duplex Property Owner: A -T Inc. Applicant: Steve Sandoval, Buildworks, LLC Address: 5690 Wildridge Road East George Harrison reviewed the project as outlined in the staff report. Commissioner Dantas asked if the additional unit would be one that someone else could own and sell, or if it would be a lock -off unit. Mr. Harrison clarified that it was a lock -off unit and it could not be subdivided at this point. However, he said that the Fire Department had reviewed it as two separate units and ensured staff that the two dwelling units would meet the code. Commissioner Fehlner asked if the remodel significantly impacted the sight. Mr. Harrison said there was a slight footprint modification by filling in a deck area and a slight increase in the footprint in the rear of the building. He said a retaining wall had been added near the access drive. He added that work had been stopped so it could be brought before the P&Z for review. Commissioner Fehlner said it was hard to review the impacts to the site, but Mr. Harrison said there weren't any. Commissioner Klein asked if the applicant would have to pay double fees. Mr. Harrison said the applicant would have to pay additional water tap fees, but was uncertain about the electrical and gas meters. He thought they'd be able to run it out of the existing ones. The applicant, Steve Sandoval, clarified that they were not adding an additional kitchen, so there wouldn't be another tap fee. He said all outlets were already existing, they were just utilizing the space. He said it was not their intention to make it a duplex. Mr. Sandoval reviewed the changes as: tearing down, moving and enclosing a deck and adding about 1,000 sq. feet on the back of the garage with a stone deck on top. These, in additional to architectural changes like removing the current artificial stone and replacing parts of it with siding. He said they were also putting up rock around the front. Commissioner Dantas clarified that they were taking off all of the culture stone. Mr. Sandoval passed around a sample color of the stucco and siding. Commissioner Railton said she thought changes would improve the look of the house. She asked if the parking area was in the right setback. Mr. Sandoval said it was; however, it wasn't a parking area. He said it was designed to make the driveway a "S" which brought the elevation down slowly. Commissioner Klein asked what type of stone they'd be using? Mr. Sandoval said it was brown flight stone. Commissioner Evans asked what the dark v -shaped line was on the front corner of the lot on the site plan. Mr. Sandoval said they were proposed retaining walls, but were taken off in favor of asphalt. Mr. Harrison said they weren't proposing any site modifications at this time because they'd bought a lot next to the house and were reworking everything. Commissioner Fehlner asked how the Commission was supposed to throw out design criteria to approve this project because there were some elevation changes in the back. Mr. Sandoval said it wasn't a hillside and it hadn't been disturbed. Mr. Harrison said that criteria was looked at, but staff did not see a significant concern. Chairperson Karow asked what was going on with the site grading on the site right now. Mr. Sandoval said all of that work had been stopped. Chairperson Karow asked if the site had been returned to its original condition. Mr. Harrison said, no, but a stop work order had been issued on everything outside of the house. Chairperson Karow clarified that the site was not in compliance with the approved plan. Mr. Sandoval said they would leave the site as it was until next spring. Mr. Harrison said they'd given the applicant the benefit of the doubt because the improvements were moving in the right direction. Commissioner Railton asked what else had been done to the site to date. Mr. Harrison said the Commission members had a survey of the site as it was today in their packets. Motion Commissioner Railton moved to approve the design for the remodel of and additions to the single family residence located on Lot 13, Block 4, Wildridge Subdivision, as depicted on the application and plan set dated July 15, 1998, subject to the following conditions: 1. The applicant will submit a revised landscape and grading plan within 2 months 2. The plan will show additional landscaping 3. The approval in no way included any civil site plan issues Commissioner Klein seconded it and the motion passed with Commissioners Evans and Fehlner opposing. II. Public Hearing A. The Village at Avon Project Type: Annexation and Mixed -Use PUD Property Owner: EMD, LLP. Applicant: Peter Jamar Associates, Inc. Mike Matzko reviewed the project. He said planning and development was the focus of the project for this meeting. He said that staff had recommended, and the applicants agreed, that a decision did not need to be made that night and the project should be tabled for two weeks before a decision was made. Peter Jamar overviewed the project as one that was 1790 acres, 176 of which was the old StolPort property. He said the western boundary was shared with Avon and ran into the Chapel Square development, while the rest of the property boundaried Forest Service land. Mr. Jamar said the StolPort area used mixed use commercial and urban village, while north of I-70 where the majority of the property lied, was open space and residential development. He said the next step was to look at the characteristics of the land that included the topography, geology, vegetation, wetlands, and wildlife. He said they'd been working on the plan for 6 years. Mr. Jamar said the Avon master plan recognized it as land suitable for development. He said the traffic and water sewer studies had used higher numbers than were proposed for future buildout. He said they didn't want to piece meal the land and it would take 20 years to build out. He continued that they were proposing to develop 3 residential multifamily area pods around 40 acres, 36 acres and 16 acres each that would be spread throughout the site. Mr. Jamar said the plan called for 90 lots of single family homes on 1300 acres, most of which would be clustered between I-70 and the railroad. He attested to his belief that their plan followed the Avon Comprehensive Plan closely. Mr. Jamar said the proposed village center contained retail and commercial space on the ground level with residential units above it. He stressed that the focal point would be a lake area/pond that would be considered a gathering place. He said the area would be consistent with the project's architecture and high quality retail/commercial/residential. Mr. Jamar continued that there was a 2 -acre site designated for an ice arena and adjacent to it was a 2 1/2acre site designated for a cultural/athletic facility. He said there was a small amphitheater proposed for the backside of the facility. He also envisioned a bikeway/path throughout the project. Mr. Jamar remarked that when the project was going through Eagle County's process, the commissioners had asked why the water feature couldn't continue into Chapel Square and Avon. He said the reason was it was simply a small water feature and wasn't designed to continue through. Mr. Jamar explained that adjacent to the residential area, the majority of which would be on East Beaver Creek. Boulevard, would be pedestrian friendly and walkable with an elementary school close to it. He said they wanted to design the development to funnel pedestrians and bicycles into the area of the bridge. Mr. Jamar said there was currently no access to surrounding Forest Service Land but, they were working on a public access trailhead to the north of the property. Mr. Jamar said that east of the village residential would be day -to -day -commercial type uses like a dry cleaners, etc.. He said commercial opportunities wold be available along East Beaver Creek Boulevard, but it would be mostly residential. He said the idea behind this development was truly one of mixed use where you live, work, go to school, shop, etc... Mr. Jamar continued that the western portion was pedestrian friendly and the eastern area, adjacent to new interchange, was more of a retail center desirable to the whole valley. He said the eastern area would have more autos and surface parking. He expounded that they wanted to ensure that the first thing people saw when they came off I-70 was not large areas of parking. Instead, he said, they would see another small pond and some shops with screened parking. Mr. Jamar said they'd agreed not to specify density for the parcel north of the railroad tracks and across from Eagle -Vail right now, but would do so in the future. Mr. Jamar professed that the overall project was about 80% open space and that they'd worked with all agencies/entities involved to create a project that worked. Mr. Jamar showed a highlight of entire park system that included trails and 6 — 7 miles of bike/pedestrian trails. He said one would connect in Eagle -Vail and continue along the development to Avon. He said there were also a number of north -south connectors. Mr. Jamar then addressed work session questions from the 7/21/98 meeting with P&Z. Mr. Jamar said one of the major issues was the connection from the Village Center to Chapel Square. He claimed it was their intent was to make it as strong of a connection as possible. He said it was up to Avon and the developer of Chapel Square to determine how their sidewalks could be strengthened. Mr. Jamar said regarding providing land for a municipal facility, four acres of land for satellite facilities would be designated later. He said it could even be broken down to include 2 acres in 2 different places. Mr. Jamar said that letters regarding water and sewer were in P&Z's packets and reiterated that those entities had anticipated more of a development than was proposed. Mr. Jamar said someone had questioned if a stoplight or roundabout would be used for a Highway 6 connection. He said that decision was somewhat dependent on what CDOT depicted as appropriate. Mr. Jamar said P&Z had asked about the enforcement of Design Guidelines. He said he'd provided an initial set, but wanted to adopt stricter ones than the town required that included a provision that IF they failed to enforce the guidelines, the town could step in to ensure compliance. He also added that all projects would go before P&Z for review. Mr. Jamar said a topographic model was suggested to address ridgeline concerns. Instead, he implored anyone interested to join him for a site tour. He said he had conducted one with staff that produced good results. Mr. Jamar then addressed items depicted in the staff report. He said no one knew what would happen to the RR corridor and it would have to be looked at both ways; however, he said they were willing to comply. He said they were currently working on parking regulations with town. He said the wildlife mitigation plan needed to be reviewed one more time. He said potential geologic issues would be reviewed for lots 1 — 6. He said they were in compliance with Avon's traffic plan and improvements ensured that the minimum standard, Level C, was maintained. He said 500 units out of 2400 would be deed restricted. And, finally he reiterated that a site tour was the best way to address visual impacts. He said he'd like to schedule a tour before September 1. Chairperson Karow then opened the meeting to public comment. John Hailey read a prepared statement. He expressed concern about the proposed 750,000 square feet of commercial space. He said they should be concerned with what might happen to Avon's existing retail space if everyone moved. He said there wouldn't be sufficient customers to go around and that the current streets/roads infrastructure was not adequate to support more traffic. Joy Overbeck said the village would add more than a few hundred to a few thousand people and should be renamed Bigopolous at Avon She said it would triple Avon's population. She said there were currently 25,000 people in the Eagle Valley and this development would add 10,000 more based on an average of 4 people per unit. She said we'd have gridlock like Denver and Chicago and reminded everyone that people come here for a breather from the city. Lynn Morgan handed out a letter addressing the impacts this project would impose on emergency medical services. He said that 50% of EMS calls were west of Dowd Junction and they would need a third station in Eagle -Vail to accommodate this project. Rich Brown asked the P&Z commissioners to talk to 20 of their neighbors and they would get it right. Based on 1790 acres, he said the only thing Avon owed this project was 1 homesite every 35 acre. He said he'd had a long conversation with Mayor Jack Fawcett and recounted it as: this project is going through, so don't forget that. You get on the bandwagon as fast as you can and you get as much out of this as you possibly can. If you turn down the project, it may take Eagle County 2 more years to turn it down. But, if they turn it down or maybe they won't, then they can make their own town. So, jump on the bandwagon as fast as you can. Chris Ekrem asked what the tax implications were to current Avon residents and why they felt the need to push the annexation and PUD through at the same time. She asked what residents would be voting for in November and if the developers planned to commit escrow funds for the infrastructure in case the economy took a dive. She said she'd like to see a three-dimensional model, at least of the area south of I-70. She asked if the residential area by the forest access area was gated or ungated. Chris Neuswager said there was not enough employee housing and also had wildlife concerns. He said Town Council held financial discussion behind closed doors. He said there was no agreement to put city water up there and was concerned about fire danger. He expressed traffic concerns and urged P&Z to deny the project or reduce it by 50%. Ruth Gosiewski said she was concerned with trail preservation. She said the developers wanted to give a trail access, but not the most popular one. She said the previous owner allowed public access to the trails. Cynthia Atwood said she thought the process should be slowed down and explained more thoroughly and specifically. She said she'd briefly looked at the town comprehensive plan and it appeared to her that proposed project map was the exact opposite of what was proposed with open space/residential. Craig Snowdon said the project appeared to have not changed in the last 6 months to 1 year. He said he was concerned with density, I-70, and construction traffic. He said Avon would have to rebuild its roads 2 to 3 times during the process. Larry Kilstrulp said he was greatly in favor of annexation, but thought Avon shouldn't allow the project to be railroaded through. He said the project needed an access road to continue on the north side to the I-70 interchange and it could be done. He said without question, the 1St phase should be the interchange and access road. He said even areas hungry for development still get '/z of the tax revenue, but we were giving it all to them. He thought this shouldn't be allowed in the town charter. He also encouraged Avon to find out who its dealing with and what their backgrounds were. He said there was more than one name to investigate. Lynn Weas said he'd attended a think tank in D.C. on consumer protection law. And he said there were 2 reasons for it: greed and ignorance. He said that it was beyond his comprehension that the P&Z Commission members took 45 minutes to review a lock- off, but felt they could review this project in one fell swoop. He also added that renderings were his pet peeve because they were never to scale. He concluded that the Christie Lodge could not tolerate the construction traffic. Michael Corral asked the Commission members if when they moved here, did they want 750,000 sq. footage of commercial. He said the commission was there to serve the citizens of Avon, not the developers. Staff member Karen Griffith added that letters from the school district, the Town of Minturn and Ron Mitchell were included in P&Z's packets. Peter Jamar addressed the public's concerns. Mr. Jamar said when the current owner purchased land, Avon's Comprehensive Plan indicated it as a major growth area. He said they were merely following what both Avon and Eagle County set forth in plans. Mr. Jamar said, regarding density and the assumption of 4 per unit, if one looked at studies the average was 2.5 people per unit. He said people were coming to the valley no matter what, they just wanted to make it convenient for them to work, play, etc.. in one area. Mr. Jamar said that 96 units would have restricted access (gated), but only to address wildlife concerns. Mr. Jamar said the previous owner did not allow public access to the land contrary to what one person said. Mr. Jamar said that it was not the plan to extend city water north of I-70, but there would be a central water source. Mr. Jamar said the project had significant changes in last 6 months and illustrated it with two foam core boards that showed changes since "before the land was proposed for annexation" and since "it had been to Eagle County". Commissioner Fehlner questioned what the definition of annexation was. Mike Matzko said we followed the state statute for annexation and,yes, it was an annexation in the legal sense. John Dunn said he thought Commissioner Fehlner's question was more a philosophical one than a legal one. Mr. Dunn said the financial structure was different than a typical annexation, but for a town government and special district to co -exist was not unusual. He said before the disbandment, Avon had Town Council and Metro District meetings and no one thought it was unusual. Mr. Matzko said the Town Council would have a public hearing next week (8/25/98) and financial issues should be addressed there. John Dunn said it was not his intent to limit public input, but the P&Z Commission should review zoning and planning and the Town Council should review the annexation. Chairperson Karow opened the project to Commission review. Commissioner Evans said he didn't get the information until Monday and hadn't digested it yet. He said he initially had concerns with a separate Design Review Committee being formed, but after meeting with Mr. Jamar and the developers, he had a clearer understanding. He said he was satisfied with Avon being able to enforce the guidelines. He said that he hadn't heard anyone say that the project was going through. He said his biggest concern was why they weren't doing the annexation separate from the PUD. He also addressed the question about what residents would be voting for in November — nothing. Peter Jamar said that only residential members who live on the project site would be allowed to vote if there could be a special district. He estimated the number of people who could vote at about six, which John Dunn thought was a high number. Commissioner Klein said the project would be doing a disservice to itself by not making an I-70 interchange a priority as far as marketing the project. Tom Ragonetti, a lawyer for the project, said to annex without the land uses being determined would be like taking a job without knowing your job responsibilities. A citizen said the land was already zoned. Mike Matzko said that was untrue, it was not zoned as far as the Town was concerned. Commissioner Macik said he hoped the guidelines for the new DRC followed what Avon had established. Commissioner Dantas said 750,000 sq. feet of commercial space was hard to gauge and wondered how many sq. feet Wal-Mart was. Peter Jamar said about 50,000 and Larry Kilstrulp interjected that he thought it was only 20,000. Mr. Kilstrulp added that if Avon didn't require an interchange or an access road, the Town would be a mess. Commissioner Dantas added that an "affordable" housing project was going in on Metcalf Road for $163 sq. ft. He said he sold his projects for $150 sq. foot and couldn't figure that out. He hoped the affordable housing was truly affordable. Commissioner Railton said we could not deny growth in Eagle County. She said she'd read estimates of 1,000 more people per year. She said it was more sensible to have density in a project than take up all of the farm land. She continued that development could only occur where there was a demand. She said she thought people's perception was that the land would be bulldozed from east to west, but that was not the case. She said she thought the developers were doing a reasonable job. She added that it was essential to get an access road. Chairperson Karow thanked everyone from the public who took time to come out and give input and closed the public input section of the meeting. Chairperson Karow said the effort had been made and planned for and the connection on the west end of the project should occur. Peter Jamar said they were willing, but there was room for improvement on Chapel Square's end. Chairperson Karow questioned if 750,000 sq. feet of commercial space was economically feasible. Mr. Jamar said he was willing to provide numbers and research to back it up. Chairperson Karow said he wanted to make sure Avon did not drive away tourism because of commercial space like a car dealership that would cause Avon to lose its small town flair. Chairperson Karow asked if there would be an ambulance building? Mr. Jamar said Avon should talk to Charlie Moore, but wanted to work out whatever would be needed. Chairperson Karow asked from where the "gated community" restrictions arose. Mr. Jamar responded from the wildlife mitigation plan. Peter Jamar suggested that he could produce a map detailing trails to alleviate concerns. Chairperson Karow asked what type of units would be affordable. Mr. Jamar said there would be a mix of 1-, 2-, and 3 -bedroom units, but would provide a detailed breakdown in the next few days. Chairperson Karow asked if 500 units would be enough for 750,000 sq. feet of commercial. Mr. Jamar admitted that not every single person working there would be accommodated. Chairperson Karow also questioned from where the employees would come. Chairperson Karow said the best idea he'd heard all night was to block off E. Beaver Creek Blvd. until the construction was done. Mr. Jamar said they'd be sitting down with Avon representatives to develop a construction access plan. Chairperson Karow said that Beaver Creek had done a good job of having a gateway to Avon along with a construction road up Prater Lane. Commissioner Railton suggested a temporary screened trailer park on the site for construction workers. Commissioner Fehlner said she thought it was fantastic that both the annexation and PUD were going through at the same time. She said she appreciated being able to question, challenge, agree, disagree, etc..., as opposed to having the project presented after it was already approved. Commissioner Railton wanted to ensure that the hills by Eagle -Vail /I-70 weren't blocked out by high-rise development. Mr. Jamar said he thought that concept was doable. Commissioner Railton said the site was worth seeing, but not in a bus. She said they needed to get up on flat areas and determine where the building would take place. Commissioner Dantas said he thought a site tour should take place on the weekend. Commissioner Evans suggested that Staff should set a date and let the commissioners know. Mike Matzko said that such a site tour would be posted in the required pubic posting areas. Commissioner Evans said that anyone who moved here, bought land and didn't know that development would occur, had their head stuck in the sand and found the opposition slightly hypocritical. Mike Matzko clarified that the map in the Avon Master Plan was intentionally marked conceptual and was intended it to be general. Peter Jamar said when he looked at the two maps, they were identical, not the exact opposite as one citizen suggested. Mike Matzko said that the next P&Z meeting was September 1 and the next Council meeting was August 25. He encouraged anyone who had questions to please call him. Motion Commissioner Evans moved to table the mixed used PUD and annexation of the proposed Village at Avon until September 1, 1998. Commissioner Macik seconded it and the motion passed unanimously. III. Other Business George Harrison stated that there was a Planning Conference September 17 & 18 in Estes Park. He said there was money budgeted for Commission training and anyone who wanted to go was welcome. He asked that any Commissioner who wanted to go should let him know as soon as possible. Chairperson Karow announced that he was stepping down from the Commission to move to Portland, OR and live with his fiancee. The Commission decided to elect a new chairperson at the next meeting. A. Staff approvals None Adjourn Commissioner Fehlner moved to adjourn the meeting. Commissioner Dantas seconded it and the meeting adjourned at 10:02 p.m. Respectfully Submitted C�U6�� � aol acqueline Halburnt Recording Secretary Mike Dantas Chris Evan, Anne Fehln Andrew Karow Paul Klein Greg Maci Sue Railton �AA�=—