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PZC Minutes 121995Record of Proceedings Planning and Zoning Commission Meeting Minutes December 19, 1995 Worksession (6:15 p.m.) A. Adoption of Planning & Zoning Commission Mission Statement B. Comprehensive Plan Update Regular Meeting The regular meeting of the Town of Avon Planning and Zoning Commission was called to order by Vice -Chairperson Buz Reynolds at 7:35 p.m., December 19, 1995, in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. All members were present except Jack Hunn, Bill Sargis and Beth Stanley. Members Present: Sue Railton Buz Reynolds Rhoda Schneiderman Henry Vesi Staff Present: Karen Griffith. Town Planner Jacquie Halburnt, Recording Secretary George Harrison; Assis!ant Planner Steve Hodges, Community Services Officer Mike Matzko, Director of Community Development Additions and Amendments to the Agenda None Conflicts of Interest None Consent Agenda The following item was scheduled on the Consent A.ger.Ca: A. Approval of the December 5, 1995 Meeting Minutes 1. Meeting Minutes December 19, 199 .'fanning and Zoning Commission 1. ating Page Commissioner Schneiderman made a motion to approve the consent agenda. Commissioner Vest seconded the motion and the motion carried unanimously. Final Design Review A. Phase A, Lot 4, Nottingham Station Project Type: Multi -family, 6 units Property Owner: Canyon Run, LLC Applicant: Ed Smith, architect Property Address: Shapiro Development Company Karen Griffith explained the project. Mr. Ed Smith, staff architect with Shapiro Development Company. presented the pro iect. Mr. Smith stated that there were nine buildings in the total Droleci and they had received approval for seven. Mr. Smith focused on Builcinc A that was isolated from t~ rest of the complex. He indicated that for that reason, they wanted to do something different with the elevation because everyone would see it on Hurd '_.ane. He stated that the west end of the building was narrower which prohibited them from -using a garage at that end. They instead proposed a deck. Mr. Smith addressed Staffs two ccrditicns. He ircica. d they wou(r .%lcrk ^✓i " Staff to insure that landscaping west of tre pnasa II c,= AnG. secondly, they would provide paved criveway access to ali units. ga. ages, ane parking spaces. Commissioner Schneiderman requested to see the previous elevaticn, however, no one had a copy readily available. She stated she 'thought there was too much stucco and too little wood on the center cf the building. Vice -Chairperson Reynolds asked if there was a forma! drainage system off the asphalt for a storm system to filter into the river or would it go from asphalt directly into the river. Mr. Smith stated the drainage system was based cn filtration across a vegetated and primarily grass arca in accordance witn the Town's drainage clan. Commissioner Railton asked what would be underneatr the geek. Mr. Smith stated there would be vegetation around the area and they would update the landscape plan inthat area. He stated the deck saved as a visual transiticr for the building and as a "bonus" for the occupant. W Meeting Minutes December 19, 199: tanning and Zoning Commission N ting Page 3 Mr. Smith stated that every unit had a garage; however, some of them were not attached. Motion Commissioner Vest made a motion to approve Phase A, Lot 4, Nottingham Station Subdivision with the following conditions: 1. Staff recommendations 1 and 2. 2. Any additional landscaping surrounding the new deck be brought back to staff for approval. Commissioner Schneiderman seconded the motion with discussion. She asked Commissioner Vest to be more specific about the landscaping to allow guidelines for Staff. Commissioner Vest stated that he concurred with what Mr. Smith had mentioned about evergreen shrubbery; taking away the stucco underneath, and covering up the gap. Motion carried unanimously. B. Lots 45&46, Block 2, Benchmark at Beaver Creek Subdivision, Falcon Point 11 Project Type: Rezoning, PUD, and Final Design of 36 Timeshare Units Property Owner: Points of Colorado, Inc. Applicant: Larry Doll of Points of Colorado, Inc. Property Address: 0320 and 0340 Benchmark Road Karen Griffith updated the Commission on the plan revisions and cu lined the recommended conditions of approval. Mr. Larry Doll presented the revised project. He stated that he had two designs to show the Commission. The first option was the design that the Commission had already seen, the second option utilized flat roofs to reduce the overall height of the two building side wings by nine feet. Mr. Doll stated one of the changes from the last meeting was to address landscaping issues to which they added a sidewalk. more trees. and two options for roof designs to increase views. Meetlno Minutes December 19, 19�- Tanning and Zoning Commission eting Page 4 Mr. Stuart Olson stated they shifted the building to the south to allow 11 feet or landscaping and a sidewalk in front. Mr. Doll stated they eliminated the penthouse. Mr. Doll showed a partial site plan of Beaver Creek West that indicated the building closest to the proposed Falcon Point II. Points Of Colorado had an engineering firm perform a site line study using the National Geological Association Altitudes so one could see exactly what the view would or would not be. Mr. Doll stated that option two would provide views below the village in Beaver Creek on up. Mr. Doll referenced a brochure that stated the village was at 8100 feet and Arrowhead Mountain was at 9100 feet. Mr. Do!! drew a line at 8100 feet ti -.at indicated what one would see from the second floor of option two. He stated he thought this design gave a superior view corridor to two duplexes. Mr. Doll stated he thought they had a good plan that addressed some of the view and maintenance concerns, exceeded minimum parking, and provided the landscaping the Commission had asked for at the Iasi meeting. Public Heating Vice-Chairperscn Reynolds opened the public hearing. Mike Bennett stated that he represented Beaver CreeK West. He stated he thoucht there were many more than the two options presented to the Commission. Mr. Bennett stated that Beaver Creek had never teen in tnelr v'ew corridor; c^ly Bachelor's Gulch. He stated that the sight line study indicated that one wo-;id be able to see dirt, trees, and bushes on the hill. Mr. Bennett implored the Commission to look at the pictures he had 'Laken for the last meetina and they would be able to tell that all one would see would be the sky. Mr. Bennett re -read the information presented by his attorney at the December 5, 1995 meeting regarding property devaluation of about $10-15,000 per unit. He also presented three letters from various agencies that attested to loss of value and view corridors. Mr. Bennett stated the increased density, parking shortages. and setback Varlance would all have a serious affect on the ne,ghp �rhood. He asked the Commission to deny approval based on the information he presented to them. Mr. Larry Doll stated that Lot 46, with the grandfather clause, was zoned for 31 units. thus making the total site approved for 91 units. Therefore. the increase was from 91 to 100 and was not a doubling of the approved density. Meeting Minutes December 19, 1995 -inning and Zoning Commission ME ng Facie 5 Mr. Doll stated when the building is measured as a free floating structure, from the bottom to the top ridge line of the building, its height is 60.3 ft. However, he stated there is an elevation drop which chances the height to 56 ft. Karen Griffith clarified that by rezoning the lot, the developmental rights were no longer applicable and the lots would not be zoned for 91 units. Vice -Chairperson Reynolds closed the Public Hearing. Mr. Doll stated they are staying within the footprint of the building with the square footage intact. They were allowed to fractionalize up to 60 units. There were thirty-one 3 -bedroom, 3 -bathroom units that were converted into either a combination 2 -bedroom and studio or two 1 -bedroom units. He stated that was how they got to sixty, and 58 exist today. Commissioner Railton stated she still had great concerns about the blockage of views and did not think they were sensitive to surrounding properties. Commissioner Scnnelderm2n stated sre trcugnt they should na\/e addressed Stan's concerns about underground park+^g. she also stated she thougnt they should reduce the end wings of the building by 1 story and reconfigure the building. Commissioner Vest referenced Jack Hunn's comments from the December 5, 1995 meeting - that the PUD was still very much in negotiation. there needed to be trade offs, and they should have lower side wings. Commissioner Vest Iso stated that he had stressed neighborly contact with Beaver Creek V%iest. He stated he liked the courtyard effect and would be in favor of the project if trey took four units off the side wings. Vice -Chairperson Reynolds asked Staff when the approval was given for the three additional duplexes. Karen replied it was May 3;1994, with a two year approval period. Karen also stated that according to P&Z rules and regulations they could request a one year extension. Vice -Chairperson Reynolds stated he thought the proposed building would definitely have a curtain effect with no views and they needed to lose the top floor. Another of his concerns was the winter sun would barely make it over the building to melt anything. making the parking lot an ice skating rink. Commissioner R21iton stated she thought the area for i2ndscaping should r,e 11 feet. She does not think the 5 foot sidewalk should be included in the 1 1 feet. She also stated that due to the access cn the sides of ;he duplexes, in a few years the owners will object to the cars driving in and out all of the time. 6. Meeting Minutes December 19, 19� Tanning and Zoning Commission ; meting Page 6 Motion Commissioner Raiitcn made a motion to deny Lots 45146, B!ccr; 2. Bencr.mark at Beaver Creek, r'alcon Point II. Seconded by Commissioner Schneiderman. Motion carried with one nay from Commissioner Vest. C. Lots 18 & 19, Block 1, Benchmark at Beaver Creek Subdivision, Metcalf Commercial Center Project Type: Commercial Warehouse Owner: Richard DeClark Applicant: Mark Donaldson, architect Address: 0241 and 0291 Metcalf Road Mark Donaldson presented the project. He began with a discussion on the semi - truck access. Mr. Donaldson stated that before his client bought the property, they verified with Staff they did not have to accommcdate for the semi -truck turning. Commissioner Schneiderman stated that she remembered Mr. Donaldson stating that they were not going to allow serni-trucks onto the property. sc it was net a problem. Mark stated that they were indeed prcnibiting se,,I-truc;<s from the property and the iargest truck allowed on site would b_e a 16 -foot boxed vehicle (UPS size). Commissioner Schneiderman askeo Stagy v✓hy the point was brought up in the Staff Report if it did not appear to be a crociern. Mike Matzko stated that he derived from severa! mee::ngs that Council had concerns with it coupled with the recent performance of another project, led .`-tat= to believe it could potentially be a problem. Mr. Matzko stated he toid the applicant that while his intentions were good; there were examples of covenants that were not enforced. He felt Staff; would be remiss if he did not raise the question now. rather than discovering after the fact that it mould r,,ave oee^ addressed. Commissioner Railton asked what provisions •wouie be made if a delivery was made in a semi -truck. Rick Rosen, legal council for the DeClark Brothers. staiec that the major concern was designing a project that was going tc suit the zoning requirements and the need for development. He stated that the Town of Avon did not have any municipal code provisions that lead tnem any certain directions, so he came uo with some draft covenants. He also stated the TOA. could create an Ordinance limiting the Size of the trucks aliov'!ed c^ the CrcPeirty. He statad s• Meeting Minutes December 19, 1995 nning and Zoning Commission Me )g Page 7 signage and letting the owners know up front that semi -trucks are not allowed are their remedies. Commissioner Schneiderman stated there must be some type of action taken for violation or they would just do it again. Mr. Rosen pointed out that the TOA fire department truck was able to cu!! in and tum around: so, if a semi -truck happened to null onto the property: it could get out. Commissioner Schneiderman stated that if a semi -truck driver doesn't know the site plan and it does not look like one could turn around, the driver will stop the truck and back in the property. Commissioner Railton stated they needed to have a way to notify the semi - trucks before they drove up Metcalf Road. Mr. Rosen stated the association had been given the right in the declaration; articles and by-laws to create their own rules and regulations. He suggested v monetary fine. Mr. Donaldson indicated that the entire parking lot was not heated, but the driveway and drainage areas were heated. Commissioner Schneiderman questioned snow removal. Mr. Rosen indicated the snow would be hauled off after being pushed to one end. Mr. Donaldson indicated the business owners will be e oroperty managers and w:,! keep i; u'o Scott Farman, civil engineer, explained the drainage plan. Vice -Chairperson Reynolds asked about the grading of slopes. Mr. Farman describes the problem areas that were steeper than 2:1 and stated they did some adjustments in the preliminary design that involved moving a wall and the building. They also looked into retaining walls in the initial design, but they caused a lot of site disturbance, which was unacceptable to them. They planned to do treatment to stabilize any slopes steeper than 2:1 with planting of vegetation with a seed mat. He stated they were also looking at other ways of stabilization: i.e.. a pile -driven type of retaining wall or a wall that used a soil nail or tie back system. Mr. Donaldson stated they had a good solution for the steep site and would not leave an unfinished project with rayl cuts. On the uphill side where the parking lot hit the easement. Vice -Chairperson Reynolds indicated there appeared to be a more sheer detail and wondered if it would create a problem with utilities. Mr. Farman stated they stayed outside of the easement and did not anticipate any problems with utilities. He also stage that all current utilities were overhead. 6 Meeting Minutes December 19, 19'9j Planning and Zoning Comm ission',v eeting Page 3 Commissioner Railton asked them to explain the use of the material on the street. Mohammad Bouabdesselam, designer of the building; indicated they tried to use only stucco and masonry for expense reasons. He stated the relief was 5 feet deep in the stucco, and above the windows in the bay was 2 inches. He also stated they used color beds to contrast with the decks. Commissioner Railton stated that type of design looked great in renderings, but when the buildings were built, they looked flat. Mark Donaldson stated that Mr. Bouabdesselam had used 'three tones of color and broke it up into smaller elements so it was attractive, but not too busy. Mr. Donaldson presented the color samples. Mr. Glenn Allison, presidentlovvner of Land Designs by Allison stated they decided to go with a level above the plants what were seen on the site. Those plants were cotton woods, service berries and choke cherries. Mr. Allison stated they would use a drip system to water them. Commissioner Schneiderman stated the landscaping was perimeter oriented and suggested they use low shrubs or compact plants to introduce greenery to the inside of the site. Mr. Dcnaldson succested cerhacs more con rest wit^ the building colors because he viewed planters that close To the building as obstacles not visuals. Vice -Chairperson Reyno!ds asked about parking and `/!r. Dcna!dson replied that they were 13 spaces over the minimum requirement. Mr. Dcnaldson stated each individual tenant will understand the parking requirements. Along with that, he stated thev would mandate that all uses be in strict ccnformance with Title 17 Zoning Rules and Regulations for the TOA. Mr. Donaldson acknowledged their right to use offices for ancillary use and staled the,' `.,ou!d Use ti,em Judicially. He stated if they allowed someone to come in and have a more intense use of the space, it would take away from the other users abilities to use their space as intended. Rick Rosen reviewed the parking regulations and assured the Commission that they have the capabilities to limit the use and assign parking spaces. He stated they would limit the amount of spaces per unit and there would be no storage in those parking spaces. Vice -Chairperson Reynolds pointed out a window on the south side that needed more landscaping. Mr. Dcnaldson stated it would be more than 30 days oefore they submitted a permit. L• meeting Ivnnutes December 19, 1995 inning and Zoning Ccmmission Mt ng Page 9 Commissioner Schneiderman suggested an automatic (or equivalent) dumpster door so it did nct hang open. Vice -Chairperson Reynolds stated since it wouid be winter construction: they needed to gravel the right-of-way. Vice -Chairperson Reynolds also stated they had not seen the details on the retaining wall and that item should be brought back before the Commission. Commissioner Vest asked about the lighting strategy. Mr. Donaldson indicated it would be subdued and that they would come back with a separate sign program. Motion Commissioner Schneiderman made a motion to approve Lots 13 & 19, Block 1, Benchmark at Beaver Creek Subdivision with the foilov/Ing conditions: 1. The sign program will be brought back to the Ccmmission for approval 2. The heated driveway will be extended to the eastern most edge of the curb in the lot 3. Revised color samples will be brought back with the addition of planters flanking the center drive through 4. Color and samples of the type of retaining wall finish will be brought back for approval 5. Snow will be hauled off the site n. Dumpster door will be kept closed at all times as per by-:aws and it will be automatic 7. Mark (Donaldson, project architect) redesign the south elevation for added interest 8. Driveway access during construction wiil be gravel 15 feet into the site 9. Lighting plan will be brought back fcr Commission approval 10. Staff, Town Attorney, and Town Council approve language in the decs (declarations) and by-laws prohibiting and controlling trucks over 3E feet from entering the property with appropriate remedies and fines and will also explore an appropriate Town ordinance to prohibit the same 11. (Added later in the meeting) Full Staff approval cn a!I engineering and grading plans Seconded by Commissioner Raiiton. Further Comments Mike Matzko stated he thought it was a nice looking building. Mr. Matzko indicated he felt awkward about the parking situation because there was only one road out of the Wildridge subdivision. He stated ce^ _hr^ were directed at not only semi -trucks, but also larger nonserr,!-trues. He stared there was nc access or turning lane. t. Meeting Minutes December 19, 1 -, Planning and Zoning Commission, eeting Page 10 Mr. Matzko stated when covenants are used as a means of precluding access by larger trucks, the burden of control came back to the Town. He stated the Town had no control over a semi -truck accessing a private road and it would be up to neighbors to take action. Vice -Chairperson Reynolds stated the covenant shcu!a say trucks can not back up off the road onto industrial or commercial properties on Metcalf Road. Mr. Matzko indicated it would still be hard to enforce. Mr. Matzko stated that the Town Engineer, Mr. Norm Wcod, did not !ike projects that solve grading problems when they apply for a pe -mit. Commissioner Schneiderman asked if Mr. Wood had a problem with the 8% grade on this project and Karen Griffith replied yes. Mr. Matzko stated the point was that there had not been adequate time to work it out the probiem. Mr. Matzko referenced a comment Chairperson Jack Herrn mace that sometimes the solution to a problem was to maintain quality of development, i.e., sometimes you dea' with scale of a project. Mr. Matzko stated :hat sometimes a solution was to create more room on the site by reccnfigurir.g cr reducing the building. Mr. Matzko replied to the statement Mr Matzko stated in one sense it complies that it complies with the zoning code. Rosen ;made acout compliance. ti^,r. but it is u tre Commission to indicate Commissioner Schneiderman askew Mr. if see nad !rade : mistake by not !nciud!na the ccndit on in her mcticn that ail p arts oe a0r- cued gy Engineering. She stated she thought !t was a g ver. Mr. Vlatz"o rep!!ed that Staff and Engineering would like to have those types of problems worked out before final design; approval. After several Coma:ssioners asked wny the project had come before them. Mr. Matzko replier th-at the applicant had insisted and Staff honored the request, but said they couic nct guarantee support. Vice -Chairperson Reynolds stated that there were certain parts of the process that the Commission left up to Staff and Engineering. He stated there had also been times when Engineering had said no to p-oiects that the Comrnission had approved. Commissioner Schneiderman stated that if a project was not ready for final design review, it should not be on Commission's agenda and; with all due respect. no one should be able to push it through to be included. Vice -Chairperson Reynolds stated in order to eep the process going, he had a motion on the floor and wanted to deal with the mctic^ on the fiocr. 6. Meeting Minutes December 19, 1995, .nning and Zoning Commission Me .gig page 11 Amended Motion Commissioner Scinneiderman requested tJ amend her motion to inc;ude the following condition: 11. Full staff approvals on all engineering and grading plans Commissioner Railton withdrew her second to the motion. Commissioner Vest seconded the motion. Motion carried with one nay from Commissioner Railton. Mr. Donaldson thanked the Commission and stated they intended on following through with Staff regarding Mr. Wood's concerns. Other Business Commissioner Railton wanted to state that if, an applicat:cn was not complete and hadn't been reviewed by whomever needed to review it, she did not want to see it. Karen Griffith stated that after Staff received the appiicatio~. they had a desia-r review within two days. She further stated that after teat. sr.e ceca:me sick for four days and Staff did not get comments rack to tl-e applicant. She cont!n::ec that when she returned, She immed!-tely iransm!tiec the Engineers comments by facsimile to the applicant. Ms. Griffith stated the applicant did not have time to rework the application, se Staff recommended wait:^g two weeks. The applicant stated he thought it was inappropriate for Staff to hold up nis project, so Ms. Griffith included the project on the agenda. Ms. Griffith indicated it was 2 - difficult difficult situation. Vice -Chairperson Reynolds stated tnat the situation made it difficult for the Commission, Staff, Engineering. and the applicant. Commissioner Schneiderman stated that if the reason, the work did not get done was because Ms. Griffith was sick; then she did not feel t`",e applicant sho,-,Id cf had to wait two weeks. She stated it,,vas up to Staff to take up the slack if someone was ill. Ms. Griffith stated that the application process is net sat up for revisions. It is set up to get an application in, package it. and send it on to Commission,. She recommended dropping back on the concept design review, requiring a formal staff review submittal first with a formal report and required revisions, and then it would be sent to the Commission. 1. Meeting Minutes December 19, 19k., Planning and Zoning Commission (eeting Page 12 The application came in 3 weeks before the P 3, Z meeting, which gave Staff 2 weeks to review and 1 week to get it to the Commission. Ms. Griffith stated she thought that was a minimal amount of time for a commercial project. Vice -Chairperson Reynolds stated he totally agreed with Ms. Griffith and also stated that Staff had worked very hard and picked up the slack of many years of doing things incorrectly, but at the same time, a change in the middle of the road needed to have that type of scheduling. Commissioner Vest stated that out of Staff's 7 design review consideration, he thought it came out 5 -2 in favor of accepting the application., Mark Donaldson stated he appreciated the way the Planning Commission worked. He stated he felt they were involved ana did not just show up to vote. He further stated he was in 100% agreement with the recommendations for change that Ms. Griffith presented. He stated he thought she had a lot of experience and wonderful ideas from her previous positions with larger cities. He stated he a tough choice after a meeting with Staff the week befc-re this meeting knowing he would come in and try to work with Commission with a recommendation of denial from Staff. Mr. Donaldson thanked thank George Harrison who worked with them and gave them an extra day for a stamped drainage repot and other items when they wanted to submit this project for the meeting 2 weeks before this one. Mr. Donaldson acknowledged that the Community Development Department had an overworked staff and he had to be sympathetic to that shortage. The Commission totally agreed with that statement. Commissioner ;R=ikon stared that a member of the Town Counci! t"ought there were tco mry pecpie in the planning staff and Mr. Donaldson stated he would be happy to talk to Council about the situation. Vice -Chairperson Reynolds told Mr. Donaldson by the Council approving the project, the party was not over. Commissioner Schneiderman stated it was essentially like tabling the project. Mr. Donaldson ac:Knowiedged these facts and stated he knew they had a lot of work left. Commissioner Railton stated that the Town of Vail property alterations are reviewed twice a year. Adjournment Commissioner Schneiderman moved to adjourn the meeting. It was secor:ded by Commissioner Vest and the meeting adjourned at 131 0 C.M. k. Meeting Minutes December 19, 1995. ,anning and Zoning Commission ML .ing Page 13 Respectfully submitted, Jacqueline Halburnt Recording Secretary Commission pprova _ J. unn I. Railton A. eynolds B. Sargis R. Schneiderman B. Stanley , H. Vest Date