PZC Minutes 070798Memorandum
Date: July 7, 1998
To: Honorable Mayor and Town Council
From: Beth Salter, Recording Secretary
Re: Minutes of the July 7, 1998, Planning & Zoning Commission Meeting
Regular Meeting
The Regular Meeting of the Town of Avon Planning and Zoning Commission was called to order
by Chairman Andrew Karow at 6:00 P.M., July 7, 1998, in the Council Chambers, Avon
Municipal Building, 400 Benchmark Road, Avon, CO 81620.
Members Present
Anne Fehlner
Andrew Karow
Paul Klein
Greg Macik
Sue Railton
Agenda
Call to Order
Staff Present
Beth Salter, Recording Secretary
George Harrison, Planner
Karen Griffith, Town Planner
Mike Matzko, Community Development Director
Commissioner Karow called the meeting to order at 6:00 P.M.
Roll Call
All commissioners were present except for Commissioner Dantas and Commissioner Evans.
Additions and Amendments to the Agenda
Conflicts of Interest
Consent Agenda
Approval of the June 16, 1998 Planning & Zoning Commission Meeting
Minutes
Motion:
j:\p&z\minutes\1998\070798m in.doc
Commissioner Railton moved to table the minutes. Commissioner Fehlner seconded. The motion was passed
unanimously.
Public Hearing
Lots 38 - 41 and Tracts A & W, Block 1, Benchmark at Beaver Creek
Subdivision - The Cove
Project Type: PUD 27 unit residential
Property Owner: Tanavon, Inc.
Applicant: Ray Nielsen, AIA
Address: 0471, 0240, 0491, & 0511 Metcalf Road
(tabled to July 21, 1998 at request of applicant)
Tract A, Benchmark at Beaver Creek Subdivision, and Tract B and Lot
22, Chapel Square Subdivision - Chapel Square PUD Amendment
Project Type: Mixed Use
Property Owner: Chapel Square LLC
Applicant: Leo Palmos
Consultant: Jim Stovall/Steve Fleming
Address: 0200 East Beaver Creek Boulevard
Karen Griffith summarized the application, saying that the proposed amendment to the Chapel Square PUD is for
the purpose of establishing a zero lot line setback between Building A and Wal-Mart. The owner, Leo Palmos, has
submitted an application to subdivide Tract B into two parcels. One proposed property line is between the Wal-
Mart building and Building A. The original intent of the PUD was for condominium ownership, rather than
establishing separate lots. The proposed lot lines and building locations necessitate approval of a zero setback. No
other changes are being proposed to the PUD.
Commissioner Railton asked what the purpose was in splitting this lot.
Ms. Griffith said separate ownership, possibly financing reasons.
Jim Stovall, attorney representing the applicant, said there is a contract to sell the Wal Mart space and the
purchasers do not want to be part of the condominium themselves.
Commissioner Railton asked if this was the original outline of the lot.
Ms. Griffith said there were only minor deviations.
Commissioner Railton asked what was the purpose of having the Town of Avon own the rest of the lot.
Ms. Griffith said it had to do with the original deal with the Town in order to get Wal Mart to come here.
Commissioner Railton expressed a concern if someone at a later date wants to develop that Town lot.
Ms. Griffith said the Town lot has been there all along and this PUD Amendment is not really effected by the
Town's ownership of the Lot.
Commissioner Railton asked if it affected parking calculations.
Ms. Griffith said the parking calculations are based on all the lots, and reiterated that there will be cross access and
parking easements for everything. The PUD stays in force so the parking does not change, only the property lines
change. All properties within the PUD are subject to the approved plan, which includes shared parking.
Motion
Commissioner Fehlner moved to adopt Planning and Zoning Commission Resolution 98-4, recommending to Town
Council approval of a PUD amendment to allow a zero lot line building setback between Building A and Wal-Mart
with the following conditions:
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April 21, 1998 Planning & Zoning Commission Meeting Minutes Page 2
I . Completion of the Wal-Mart fagade is required within two years of issuance of the first TCO within the PUD;
2. Any garden center or other seasonal outdoor display, storage or sales be subject to annual review and approval
by staff;
3. Easements for parking, pedestrian, vehicular, access, and maintenance be dedicated in conjunction with the
approval of the subdivision and
4. Technical corrections shall be made and approved by staff.
Commissioner Railton seconded. The motion passed unanimously.
Lot 19, Block 3, Wildridge Subdivision - Small Residence
Project Type: Variance for Structural Retaining Walls in Front Yard Setback
Property Owner/Applicant: Edward Small
Address: 4214 Wildridge Road West
George Harrison said the applicant is requesting a grant of variance for a structural retaining wall constructed of
boulders located in the 25 -foot front yard setback. The excavation for the driveway required an increase of the
retaining wall height from 4 feet to slightly over 6 feet at its tallest point.
Ed Small, the owner and applicant, said the driveway is on a very steep site, approximately a forty -foot incline from
the street to the back of the property. This requires a substantial amount of retainage.
Motion
Commissioner Fehlner moved to approve the Planning & Zoning Commissioner Resolution # 98-5. Commissioner
Railton seconded. The motion passed unanimously.
Final Design Review
Lot 19, Block 3, Wildridge Subdivision - Small Residence
Project Type: Site Plan Modification and Design Modification
Property Owner Applicant: Ed Small
Address: 4214 Wildridge Road West
George Harrison said this single-family residence received final design approval on September 3, 1996. During
recent TCO inspections, staff discovered many project modifications made without staff or Planning & Zoning
Commission approval. The changes relate to site plan, landscape plan and architectural modifications.
The approved site plan indicates that the house is located on a sloping north -south ridge, and that below, or south of
the structure, the limits of disturbance were to be limited to approximately 10 feet. The natural grade and vegetation
were to be maintained. During the project's construction, however, a significant amount of excavation material was
deposited in this area to create a berm and raised bench that extends to the property line. As a result, the transition
from the house to the existing ridge landform is essentially a flat yard.
The landscape plan modification reduces the number of evergreen trees by two and increases the number of aspen
trees by seven. He also pointed out numerous architectural changes.
Commissioner Railton asked if the driveway worked at a 10%grade.
Mr. Harrison said it did on paper.
Commissioner Railton said she noticed a lot of changes that should have been made all along as it was being built
instead of building the whole project and then come back and ask for approval.
Ed Small, the applicant and owner, presented color photos of the house to the commission. He said in reference to
the driveway there was a bust (mistake) in the topo which he believes may have been caused by a change in the
benchmark (a manhole ring in the asphalt). He said he didn't want to exceed the 10% grade, as this would not be in
his best interest. He said that if the cut was significantly reduced it would create more of a slope from the north to
Town of Avon
April 21, 1998 Planning & Zoning Commission Meeting Minutes Page 3
the south, which would make more an impact to the driveway. The benched elevation of the garage is exactly what
it was supposed to be. The benched elevation of the approach is exactly what it was supposed to be. The bust is on
the south side of the property. He said he has approximately a six-foot bust between the as -built and what he was
given on Wildridge Road. He said if the grade at the switch back was reduced it would make the elevation at the
garage steeper and in turn require more retaining walls. He said leveling out the grade in the yard he in no way
maximized the drainage, he only minimized it.
Commissioner Railton asked the applicant how close the berm is to the property line.
Mr. Small said approximately twelve feet back of the property line with more than seven feet necessary for the
drainage easement.
Commissioner Railton said she would like to see trees planted in front of the stuccoed area on the east elevation.
She asked about the trusses that are not covered with the gables.
Mr. Small said the tresses are big heavy timbers that have been hand -carved and he does not want to cover these up
with gables.
Commissioner Railton said Mr. Small should provide the staff with updated plans.
Commissioner Karow said he understood the need for the changes but if the applicant knew he wanted these
changes he should have built in an area that allowed this sort of development. He said the impacts that this could
have on lot 17, and 18 need to be considered before decision is reached.
Commissioner Klein asked the applicant why the sodded area.
Mr. Small said he has a child and a dog and they wanted a small sodded area for them to play in.
Commissioner Klein said the Commission wants to make it clear to the public that this type of situation can't be
happening.
Commissioner Fehlner told the applicant that when he noticed the site topo was wrong that would have been a good
time to come back to the Town.
Commissioner Railton said she would like to see the applicant spend their energy in planting rather than taking all
the back fill out as this would do more damage.
Motion
Commissioner Fehlner moved to approve final design for Lot 19, Block 3, Wildridge Subdivision with the
following conditions:
1. Changes to be reflected in as -built drawings.
Commissioner Klein seconded. The motion passed 3-2 with Commissioner Karow and Commissioner Macik
dissenting.
Lot 51, Block 1, Wildridge Subdivision - Arnot/Garver Duplex
Project Type: Duplex
Property Owner: John and Katie Arnot
Applicant: John and Katie Arnot
Consultant: Brad Jordan, Architect
Address: 2480 Saddle Ridge Loop
Karen Griffith said the proposed Garver/Arnot Duplex is a mountain contemporary style building with shiplap
siding. The project is a "primary -secondary" style in that one unit is substantially larger. A garage separates the
two units. The applicants are proposing access along the south side of the property, with the garage doors facing
south, away from the street.
There is an existing road cut onto the property. The lot faces west and slopes downward toward the street
approximately 20 percent.
The Planning and Zoning Commission conducted a concept plan review of the application on June 2, 1998. Issues
discussed included:
1. Access to the site.
2. Massing of the building.
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April 21, 1998 Planning & Zoning Commission Meeting Minutes Page 4
3. The simple architectural designs and trim materials.
4. Re -vegetation of existing driveway cut
5. Providing more landscaping
The plans are revised to address these comments. More landscaping and a stone planter have been added, the
entryway feature enhanced, the window design enhanced and trim has been added.
Commissioner Klein asked why the garage roofline was raised up.
Brad Jordan, architect, said he brought the garages up so they are within six inches of each other instead of a two -
foot drop. He said this would be easier to grade out.
Commissioner Railton said she would like to see more trees planted on the northwest elevation, and see some
landscaping by the entrance.
Commissioner Karow said he wanted to see more trees planted also.
Mr. Jordan said some of his concerns with the engineering department is they have talked about moving it down the
slope, but moving it down you are moving it down a grade and reducing the length of the driveway yet you are still
having to climb additional amount of feet. In reality he said if engineering looked at it a little closer he would end
up with about 25% more retainage and more site disturbance than what is being proposed.
Ms. Griffith said staff would like to recommend the driveway be approved at the staff level because in this case the
driveway would be able to be moved without moving the house.
Mr. Jordan said he was comfortable working with the staff.
Eric Brofos, a neighbor said from his view this project will not effect him but from all other views this project will
make large impact.
Ms. Griffith said the staff will make sure the retaining walls in the set backs do not exceed four feet.
Commissioner Karow said he thought grading out the old access road would make more of a mess than if it were
left alone.
Motion:
Commissioner Railton moved to approve final design for a duplex on Lot 51, Block 1, Wildridge Subdivision, as
described in the application and plan set dated July 1, 1998, subject to the following conditions:
1. Retaining walls in setbacks shall not exceed four feet in height.
2. Driveway to be moved north to address engineering concerns.
3. Final engineering to be approved by staff.
4. Landscaping to address all elevations and to be approved by staff.
Commissioner Macik seconded. The motion passed with Commissioner Klein opposing.
Lot 28, Block 3, Wildridge Subdivision - Hadley Duplex
Project Type: Residential Duplex
Owner/Applicant: Andy Hadley
Consultant: Tom Counter, Counter Architects
Address: 4491 Wildridge Road West
George Harrison said this project is a residential duplex. The eastern unit (A) has 3061 square feet of floor area, and
the western unit (B) has 2647 square feet of floor area. The lot slopes downward from west to east at approximately
18%. Wildridge Road West borders the lot on the northeast.
The project received a concept design review on June 2, 1998. The Commission commented on the following items:
• The need for additional landscaping on the east, west and south elevations.
• The surface treatment of the retaining wall immediately north of the driveway.
• The preference for an 8% rather than a 10% driveway grade.
Tom Counter, project architect, said they had a considerable amount of trees.
Commissioner Macik said he was concerned that only two trees were being planted in front of the large stucco field
on the west elevation side.
Motion:
Town of Avon
April 21, 1998 Planning & Zoning Commission Meeting Minutes Page 5
Commissioner Macik moved to approve the final design for a duplex on Lot 28, Block 3, Wildridge Subdivision, as
described in the application and plan set dated June 25, 1998,subject to the following conditions:
1. That all grades conform to the Town Standard of 2:1 maximum slope.
2. That the retainage below the driveway be correctly labeled as a boulder wall.
3. Additional landscaping to be added to the west elevations
Commissioner Railton seconded. The motion passed unanimously.
Lot 12, Block 2, Benchmark at Beaver Creek Subdivision - Beaver
Creek Vista
Address: 0540 West Beaver Creek Boulevard
Project Type: Multi -family Residential
Property Owner: Rudi Britvar Trust
Applicant: Robert Borg, RBA
George Harrison said the applicant has submitted a design for a 13 -unit apartment building. The Commission denied
an earlier application for this site, finding that the "project's massing, height, and architecture (were) incompatible
with the surrounding residential neighborhood." The applicant has revised the design in attempt to address the
Commission's previous concerns.
The revision include the following:
• Reduction of massing and height. The number of stories has been reduced from five with a ground level
basement, to a three with a garden level basement.
• Vertical steps in the south elevation further reduce the project's massing.
• Reduction of building footprint by 3,000 square feet.
• Increased compatibility with adjacent projects in terms of materials and a reduced amount of glazing on the
southern elevation
Commissioner Fehlner asked about disability (ADA) access and suggested a few ideas to add some detail to the
design.
Robert Borg said wheel chairs could access the building from the lower level of parking where the ramp is located
on the plans.
Commissioner Klein said the materials and size of the structure are much more compatible with the surrounding
buildings.
Commissioner Railton said she would like to see garden beds planted with trees and shrubs on the lakeside. She
said she would like to see some dense landscaping on the west side, and the aspen trees clumped together instead of
strung out. On the north side she suggested a flowerbed.
Motion
Commissioner Macik moved to approve final design for a thirteen unit apartment building on Lot 12, Block 2,
Benchmark at Beaver Creek Subdivision, as described on the application and plan set dated June 29, 1998, subject
to the following conditions:
1. That the required snow storage area be provided.
2. That all disturbed slopes not exceed the maximum 2:1 slope guideline.
3. That all grading be confined to within the property boundaries.
4. The exterior lighting on the decks and parking lights be approved by staff.
5. Colors to be approved by staff.
6. Landscaping on the south side to be clumped together, and landscaping be added to the western elevation, and
the aspen trees to be clustered together.
Motion passed unanimously
Other Business
Mike Matzko discussed with the Commission "Steep Slope Development Guidelines".
Town of Avon
April 21, 1998 Planning & Zoning Commission Meeting Minutes Page 6
Mike Matzko suggested the Commission do a work session regarding the Confluence before it becomes a formal
hearing.
Staff approvals
Adjourn
Commissioner Railton moved to adjourn at 9:05 P.M., Commissioner Macik seconded. The motion passed
unanimously.
Respectfully Submitted,
Beth Salter
Recording Secretary
Mike Dantas
Chris Ev
Anne Fe
Andrew
Paul Kle
Greg Ma
Sue Railton
Town of Avon
April 21, 1998 Planning & Zoning Commission Meeting Minutes Page 7