PZC Minutes 120595Record of Proceedings
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Follow up on Planning and Zoning Commission Goal Setting and Visioning
The regular meeting of the town of Avon Planning and Zoning Commission was
called to order by Chairperson Jack Hunn at 7:37 p.m., December 5, 1995, in the
Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon,
Colorado. All members were present.
Members Present: Jack Hunn
Sue Railton
Buzz Reynolds
Bill Sargis
Rhoda Schneiderman
Beth Stanley
Henry Vest
Staff Present: Jacquie Halburnt, Recording Secretary
George Harrison, Assistant Planner
Steve Hodges, Community Services Officer
Bill James, Town Manager
Mike Matzko, Director, Community Development
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Conflicts of Interest
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The following items were scheduled on the Consent Agenda,
Meeting Minutes
December 5, 1995 Planning and Zoning Commission Meeting Page 9
B. Lot 2, Avon Town Square Subdivision, Phase 1; The Norwest Center
Project Type: Master Sign Program
Owner: Alfred Williams
Applicant: Larry Ast, High Tech Signs
George Harrison described the consent agenda. Mr. Harrison indicated that at
this point the purpose of the master sign program was to establish a program for
size and placement of the letters. Mr. Harrison also presented a sample of the
plastic material. Commissioner Sargis made a motion to approve the consent
agenda. Commissioner Railton seconded the motion and the motion carried
unanimously.
Mike Matzko stated that the Town Planner, Karen Griffith, was unable to attend
the meeting and he would be filling in for her.
A. Lot 7, Block 5, Wildridge Subdivision
Project Type: Final Design Review for 10 multi -family uni
Property Owner: Phil Thurault
Applicant: Randy Curry
Property Address: 1080 W, Wildwood.
Architect Randy Curry presented the project. Mr. Curry indicated the project was
a resubmittal that addressed previous Commission concerns. He stated that it
was the fourth design on the extremely narrow and steep 2 1/2 acre site and it
eliminated the twenty -foot retaining walls, spread the units apart, and staggered
them vertically.
Mr. Curry reiterated that he worked with a very narrow and steep !ol.. He stated
the footprint for the building was a small 25 x 30 and he could not step back into
the mountain anymore without putting in more retaining walls. Therefore, he
built upward.
Mr. Curry stated that Inter -Mountain had submitted an architectural and
landscaping change on Friday, December 1. Mike Matzko explained the change
missed the deadline for inclusion in the Commission packets. Chairperson Hunn
indicated the Commissioners might not be able to take final action on the change
because they had not reviewed it.
Duke Ferringer with Inter -Mountain Engineering continued the presentation. Mr.
Ferringer stated that in response to Staff comments, the slopes were no more
than 2:1, and the steepness of the grades had been reduced. Chairperson Hunn
Meeting Minutes
December 5, 1995 Planning and Zoning Commission Meeting Page 3
asked how tall the retaining wall would become with the revised plan. Mr.
Ferringer stated the maximum height was 6 feet and most of the wali was 4 feet.
Commissioner Schneiderman identified the few darker spots on the site plan as
depicting undisturbed areas, and she stated she thought pretty much the whole
site was being disturbed. Mr. Ferringer indicated they were regrading the whole
lot. Commissioner Schneiderman stated she thought if the whole lot had to be
regraded, then they were putting the wrong project or, it. She stated she thought
they were forcing the project onto the lot.
Commissioner Railton questioned the scale of the model, Chairperson Hunn
indicated it was not a realistic depiction of the site topography. It was not to
scale vertically.
Commissioner Reynolds suggested stepping the foundation up the hill side
which would relieve the foundation walls in back (as per TGFs Steep Slope
Guidelines). Mr. Curry stated that they did not have room to do that.
Commissioner Schneiderman stated she thought the 11, 0 identical units were
unacceptable and boring.
Commissioner Reynolds stated that the lots were zoned many years ago with
good intentions. He was not sure that the intention was for 10 townhome units.
He said he thought the units looked forced and preferred to see something else.
Commissioner Vest stated he thought that even with one building on the lot, it
would be a tough road cut. He also stated that although the lot is 2 1/2 acres,
few are buildable acres.
Chairperson Hunn stated he was encouraged that Mr. Curry was abie to improve
the project, 'i.e., the driveway grade below 8%, retaining walls to within 6 feet and
the regrading slopes to 2-1. However, the outcome of the project would be
impactful on the site and vicinity because of the apparent need to platform.
Chairperson Hunn suggested pulling the units forward and pushing the grade
back to meet the garages. Mr. Curry stated that it would result in more retaining
walls.
Mr. Curry presented two color schemes, one dark green vinyl, the other dark
blue. He indicated they wanted to use one or the other. Mr. Curry stated the
balcony railings and the roofs will be painted the dark color, and they prefer
stone over stucco.
Chairperson Hunn suggested tabling the project. Commissioner Vest stated he
thought the Commission needed to respond to the applicant and tell him what
they thought. He didn't think they would accomplish anything by sending the
applicant away for two weeks.
Meeting Minutes
December 5, 1995 Planning and Zoning Commission Meeting _ Page 4
Chairperson Hunn summarized the project by stating the (_',ommission had a Staff
memorandum recommending denial based on the inforrriation that had been
presented, they had new information that might relieve some of the concerns,
but Commission did not know that for sure, and they had a model that was not a
true depiction of what the building would look like on the site.
Commissioner Schneiderman made a motion to deny Lot 7, Block 5, Wiidridge
Subdivision. Seconded by Commissioner Reynolds. Motion carried with four
yea votes and three nay votes.
Mr. Curry stated he needed to know what the Commission was going to allow on
the lot. Chairperson Hunn suggested that he read the December 5, 1995,
Planning and Zoning Commission meeting minutes and work with Staff with the
new information.
Commissioner Reynolds stated that it didn't matter if 2, 4, 6, or 8 units were
placed on the lot, it had to work without platforming.
B. Lots 45&46, Block 2, Benchmark at Beaver Creek Subdivision.,
Lakeside PUD
Project Type: Rezoning aind PUD
Property Owner: Points of Colorado, Inc. and Lakeside
Terrace, L.L.C.
Applicant: Larry Doll
Property Address: 320 and 340 Benchmark Road
Larry Doll, president of Points of Colorado, presented the project. He explained
Points of Colorado had been with Falcon Point since it was a vacant building in
1985. He stated they were able to make a significant economic impact to the
success of the project and contribute to the growth of town. They now hoped to
develop Falcon Point 11.
Mr. Doll indicated his staff worked over the weekend to address Staff comments,
which were: 1. Parking meets minimum requirements, 2. Need landscape
screening, 3. Reduction of pedestrian access, 4. Marginal snow storage, 5.
Landscaping in front of building was minimal. He stated he thought by making
minor modifications they more adequately provided for some of Staff concerns.
First, Mr. Doll stated they had moved the building toward the park w.1hich created
a 7 foot band of landscaping and a sidewalk, added additional snow storage,
Meeting Minutes
December 5, 1995 Planning and Zoning Commission Meeting Page 5
and increased the separation between the townhome project and their proposed
project by creating planters in between parking spaces. He stated they also
removed the barrier between the two projects, made a common par Kmg area,,
created a traffic flow pattern that did not limit the townhome project to one
entryway, and maintained zoning requirements.
Mr. Doll indicated that their plan was superior to underground parking. He
stated there were two reasons to have underground parking- 1. to increase
landscaping and 2. add additional parking, or 3., Commissioner Schneiderman
added, to screen parking. He indicated they would lose landscaping with
underground parking.
Project Architect Stuart Olson described the loss of landscaping as a loss of
square footage for a turnaround in the underground parking and some loss of
spaces outside for a generator.
Commissioner Sargis asked Mike Matzko about zoning requirements of one
space per 600 feet and the individual building which is 37,000 square fleet. Mr.
Matzko replied that Falcon Point met both requirements.
Mr. Olson presented color and texture samples. He also pointed out that there
was an addition of a penthouse.
Chairperson Hunn opened the public hearing.
Attorney Brett Heckman and Manager Mike Bennett stated they representec'
Beaver Creek West, which is north of the proposed project and has124 units and
owners. Mr. Heckman indicated they would focus on one issue - corn, plete
deprivation of view corridors, which would result in devaluation of property of at
least $500,000.00.
Mr. Bennett indicated for the record that Falcon Point had been a good neighbor
and they ran a reputable operation.
Mr. Bennett referenced the Lake Side Terrace project, which obStRbmed some of
Beaver Creek West views, but it still left a view corridor. He stated they did not
have a problem with the development and did not protest the construction of
Lake Side Terrace. However, Mr. Bennett stated he thought the proposed
Falcon Point 11 construction was a different story that left absolutely no view
corridors. He brought photographs that depicted the potential view obstruction
as well as a video tape that he claimed showed that Lake Side Terrace project
Meeting Minutes
December 5, 1995 Planning and Zoning Commission Meeting Page 6
left a view corridor, and that the proposed Falcon Point 11 wouid cover roost Of
the view.
Mr. Bennett estimated lost views at about $10,000 per unit for a total devaluation
of $1,250,000.00. He offered the information that during the day, the cars were
gone, but at night time, the parking lot at Beaver Creek West was jarn-packed.
Mr. Heckman indicated that the original Lake Side Terrace proposal had height
limits of 41 feet, while the proposed Falcon Point 11 project exceeded 61 feet. He
also indicated it was very hard to present the projec', through pictures and a
video. He implored the Commission to walk the site because it was a Unique
situation. Mr. Heckman stated Beaver Creek West was the oldest Project in
town and the proposed Falcon Point I€ project devalued the property owners'
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investments and completely robbed them of their views. Mr. Heckman stated he
thought the proposed Falcon Point 11 project was in violation of set backs, had
minimal parking, had problems with pedestrian access, traffic, and snow storage.
He stated he thought a project with this many problems should not be rewarded
by allowing double the allowed density. Mr. Heckman referenced section
17.04.30 of the zoning code that sets forth the intent for PUD planning and
zoning, Section 0, "it is Commission and Council duty to conserve the vaiue of
peoples' investments, and Section 1, "preserve scenic views", and in design
review criteria it specifically says "pay attention to building heights and views".
The next public comment was from Lynn Weas who indicated he had been the
managing director of the Christie Lodge for 7 1/2 years and involved in real
estate management and finance for 25 years. He was acting as a p1roponent of
time shares and the proposed Falcon Point 11. He discussed time shares and
how Marriott, Hilton, Hyatt, Embassy Suites, Ramada, and Disney had helped
change the concept of what time shares were. Mr. Weas stated he reviewed the
plans and in his professional opinion, the parking worked and he placed the
proposed Falcon Point 11 project in the 90th percentile, only 10% would outrank
it. Mr. Weas stated that the surrounding properties of the Christie Lodge are not
level and it had not devalued the Christie Lodge. He further stated that time
shares do not use as many parking spots as everyone thought. He stressed the
Christie Lodge had never been without parking spaces and he even licensed
parking spaces to the Vail Valley Foundation. Mr. Weas supported the project
and recommended that the Commission approve it.
The next public comment was from Harvey Deutch, owner of Lake Side Terrace
property. He stated he worked with Larry Doll on the design of the proposed
Falcon Point 11 to create a compatible development. He stated he thought that
the quality of this project would improve everyone's values.
Chairperson Hunn closed the Public Hearing.
Meeting Minutes
December 5, 1995 Planning and Zoning Commission Meeting Page 7
Commissioner Reynolds stated that he was concerned about the view from the
park that the Commission had worked really hard to preserve. He also stated
that the curtain effect bothered him. He stated he wanted to take more time j70
look at the project and think about the overall picture. He indicated that he
walked through the area midday and the parking lot was full of cars.
Commissioner Stanley questioned if snow storage had been addressed. Mr.
Olson indicated they are in compliance with 20% snow storage and 5% internal
landscaping.
Commissioner Vest commented that the photographs from Beaver Creek West
that showed potential obstructed views of units 3, 6; I 1 1 13: 14, 16, & 25 all had
mature landscaping and one would look right into a tree, anyway. He noticed
that another level had been added to the building for a penthouse.
Commissioner Vest stated that they had addressed everything he needed to
support the project as the final piece that is missing in the area.
Commissioner Sargis stated he thought it was a beautiful project and worked
well. He did not see the project as negative from the lake side, but did from
structures on other side. However, he stated he felt that if from this point on the
Commission said that nothing could be built that would block a view, there would
be no more construction in the Town of Avon. He also stated he had not seen
any property values go down in the last three years. 'Commissioner Sargis
stated he supported the project.
Commissioner Schneiderman indicated that when the owners of Beaver Creek
West bought their units, they were well aware of the zoning in surrounding
properties and what might be developed there. However, she stated they were
talking about a PUD that increased the density and it was a whole new
ballgame. Commissioner Schneiderman stated when a developer asks for more
than they've got by right, there must be sensitivity shown to existing structures in
the area. She indicated that it was a difficult decision. She stated she though'
everything was copacetic and didn't realize that the Beaver Creek West owners
had an objection; therefore, she needed to be more circumspect when dealing
with this project.
Commissioner Railton indicated she had driven around the site and was
disturbed when saw what would happen to Beaver Creek West. She stated she
thought the proposed building was one story too high, and one bay too wide or,
each end. Commissioner Railton continued with the following comments: they
must plant large evergreen trees along the street because the people at Beaver
Creek West would be looking at a parking lot, a fence was unacceptable for
mountainside properties, and they must comply with all setbacks.
Meeting Minutes
December 5, 1995 Planning and Zoning Commission Meeting Page 8
Mike Matzko indicated that the Residential High Density (RHD) height limit was
60 feet.
Chairperson Hunn asked for clarification on where the concern was for setbacks.
Holly Parker stated the staff memo referred to 2 1/2 feet on the side between the
townhomes and the proposed property. She stated they received 2 months ago,
in writing, that infringing on the setback on that side was no problem.
Commissioner Schneiderman questioned the back side of the lot, which was 5
feet and not within town guidelines. Commissioner Schneiderman indicated
Staff can not approve setbacks, only Commission can.
Chairperson Hunn asked Mike Matzko if they were amending the current PUD or
creating a new PUD? Mr. Matzko explained it was a new PUD in that it was
redefining the property and in the new PUD the allowable zoning increased.
Commissioner Sargis stated that Commission relied greatly on Staff, and Staff
recommended approval with conditions on the design from a week ago. He
stated he thought they had addressed Staff's conditions; however, they had two
new designs with them, and a motion to approve whole package would be hard
to do that night.
Commissioner Reynolds suggested tabling the project so the proposed project
owners could talk to their neighbor, Commission could get more information from
Staff, and Commission could go look at the proposed project.
Commissioner Reynolds made a motion to table Lots 45&46, Block 2,
Benchmark at Beaver Creek Subdivision, Commissioner Schneiderman
seconded the motion.
Chairperson Hunn asked Mr. Matzko if Commission's motion postponed the
Council's review because Commission was not sending recommendations as a
result of their motion. Mr. Matzko indicated Council could continue the public
hearing until the next available council meeting or choose to act independently
of P&Z and any recommendation they had.
Chairperson Hunn asked the Commissioners to tell the applicant what they
would like to see when he came back.
Commissioner Railton stated she thought at least a story should be cut off the
two pods on the side.
Commissioner Schneiderman stated she would like to see it sensitive to
surrounding views if asking for increased density.
Meeting Minutes'
December 555, 1995 Planning and Zoning Commission Meeting Page 9
Commissioner Sargis stated with a little more ana!yzation of the site plan, it was
a very workable project.
Commissioner Vest stated the project was fine, but he did not need to see the
penthouse. He stressed neighborly contact with Beaver Creek West before the
next meeting.
Commissioner Stanley stated she liked the project, but agreed with
Commissioners Railton and Reynolds and maybe the applicants should even
take an entire floor off of the building.
Chairperson Hunn stated by the next meeting he wanted to clearly understand
the current and new PUD's and the differences. He indicated the PUD was very
much in negotiation and there needed to be tradeoffs. He also suggested
lowered side wings to create variety and sensitivity to view corridors.
Larry Doll stated this lot was zoned for 31 units , 48;000 so. feet and 60 feet
high, compared with 42 suggested units (38% increase') and 37,000 sq. feet.
The motion carried unanimously.
Mr. Matzko stated the 30 day resubmittal deadline would not hold in this case.
Other Business
Chairoerson Hunn stated he had three ;Items for discussion.
First, John Orcutt's sign promoting his occupation was still in his yard. Mr.
Matzko indicated Staff would be following up on that matter this week.
Secondly, on Eagle Bend 111, there were very large alphabetical letters to define
the buildings that Chairperson Hunn did not recall reviewing. He stated he
thought it made them look more obvious as a property. Steve Hodges stated it
was a continuation of the first project.
Finally, Chairperson Hunn stated he thought it was a good time to institute the
need for gravel on the first twenty feet of a site. He stated that Beck's addition
was generating a lot mud onto the street. George Harrison stated he talked to
them, and they indicated they had special street sweeping equipment. The
Commission highly doubted such equipment existed.
A Planning and Zoning Commission mission statement was proposed by
Chairperson Hunn "preserve and enhance the quality of life, quality of our
Meeting Minutes
December 5, 1995 Planning and Zoning Commission Meeting Page 10
environment and the property values through the responsible facilitation of
quality developments in strict compliance with the rules, regulations, goals and
objections of the Town of Avon."
Commissioner Schneiderman stated she thought the statement should have
included something about handling growth responsibly.
Chairperson Nunn stated that everyone could see his statement in print and
discuss it at the next meeting.
L,AT4JEMM=
Commissioner Schneiderman moved to adjourn the meeting. It was seconded,
by Commissioner Sargis and the meeting adjourned at 10:50 p.m.
Respectfully submitted,
Jacqueline Halburnt
Recording Secretary
Commission Approval
J. Hunn
S. Railton
A. Reynol
B. Sargis
R. Schnei
B. Stanley
H. Vest -.1L
Date