PZC Minutes 020696Record of Proceedings
Planning and Zoning Commission Meeting Minutes
February 6, 1996
Regular Meeting
The regular meeting of the Town of Avon Planning and Zoning Commission was called to
order by Chairperson Jack Hunn at 7:38 p.m., February 6, 1996, in the Council Chambers,
Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. All members were
present except Sue Railton and Buz Reynolds.
Members Present:
Jack Hunn
Rhoda Schneiderman
Beth Stanley
Henry Vest
Staff Present: Karen Griffith, Town Planner
Jacquie Halburnt, Recording Secretary
George Harrison., Assistant Planner
Steve Hodges, Community Services Officer
Mike Matzko, Director of Community Development
Additions and Amendments to the Agenda
Staff requested to move Item C (Lot 36, Blk 1, Benchmark at Beaver Creek Subdivision)
under Final Design Review to the Consent Agenda.
Conflicts of Interest
None
Consent Agenda
The following items were scheduled on the Consent Agenda:
A. Approval of the January 16, 1996 Meeting Minutes
B. Lot 71, Block 4, Wildridge Subdivision
Street Address: 5380 Ferret Lane
Project Type: Residential Duplex; Modification of Final Design
Owner/Applicant: John Perkins
Meeting Minutes
January 16, 1996 Planning and Zoning Commission Meeting Page 2
C. Lot 36, Block 1, Benchmark at Beaver Creek Subdivision
Street Address: 120 Metcalf Road
Project Type: Auto Body Shop; Retaining Wall and Landscape
Design
Owner/Applicant: Rich Cooper, Rich's Auto Body
George Harrison summarized item B. He stated that the applicant received final design
review approval for Lot 71, Block 4, Wildridge subdivision on August 1, 1995. He
continued that the applicant was returning to modify the design by adding unfinished space
above garage on the eastern side of the duplex, change the building's overall wall design,
and change fenestration. Mr. Harrison stated the Staff recommended approval of the
design modification.
Chairperson Hunn asked what the use was of the additional room above the garage. Mr.
Harrison stated the applicant was proposing an unfinished room. Commissioner
Schneiderman asked if the room would have plumbing and the applicant stated that he was
roughing in a bathroom. He also stated that the room would be part of his primary
residence.
Karen Griffith summarized item C as a modification for re. aining wall and landscape
planter. She stated that they did some dirt work last summer and the slope needed to be
retained. A 2:1 slope with a planter between the two walls was proposed. Ms. Griffith
stated the Staff recommended approval with the addition of a 4th condition. She stated the
conditions were: 1. the rear retaining wall be finished with stucco to match or be
compatible with the existing structure, 2. five additional shrubs be added in the middle of
the planter, 3. permission be obtained from the owner of Lot 37, Block 1 to apply stucco
to the retaining wall since they own part of the wall, and 4. (new condition) that the timber
retaining wall have a specified stain color.
Commissioner Vest asked if the stain color would have to come back for Staff approval
and Karen stated Staff would recommend yes.
Finally, regarding item A, Chairperson Hunn pointed out that on page 9, what he thought
he said was - he thought the PUD rezoning was a step in the right direction, not the list of
items that he used to summarize the project. Also, the correct spellingT is be. m, not birm.
George Harrison clarified a misunderstanding that the applicant for item C was not asking
for a change in the retaining wall, it was the wall on the building.
Motion
Commissioner Schneiderman made a motion to approve the consent agenda with the
following clarifications:
Meeting Minutes
January 16, 1996 Planning and Zoning Commission Meeting Page 3
Regarding item C, the approval is not for a change in the retaining wall. That
would have to be brought back to the Commission if such a change was requested.
2. Regarding item B, stain samples be brought to Staff for Staff approval.
Regarding item A, change "birm" to "berm" and change Chairperson Hunn's
statement on page 9 to say that the PUD rezoning (only) was a step in the right
direction.
Seconded by Commissioner Stanley and the motion carried unanimously.
Final Design Review
A. Lot 38, Block 2, Benchmark at Beaver Creek Subdivision
Street Address: 220 West Beaver Creek Boulevard
Project Type: Residential Duplex, new construction
Owner/Applicant: Robert Borg
George Harrison reviewed the project. He summarized the review considerations and
Staff findings as stated in the Staff Memo. Mr. Harrison stated Staff s strongest
recommendation was that they provided at least 24 feet of parking space in front of the
garages. Mr. Harrison stated that Staff recommended denial because the project was not
in general conformance with all adopted goals, policies, and programs of the Town of
Avon.
Mr. Robert Borg presented the project. Mr. Borg stated he received conceptual approval
for his plans in July, 1995 and was now there to obtain final design approval. Mr. Borg
stated he had prepared a written response to the Staff Memo, which he passed out to the
Commission and Staff.
Mr. Borg stated he did not know anything about the height discrepancy until he received a
copy of the Staff Memo on Monday before the Tuesday meeting. Mr. Borg admitted that
there was a 4" discrepancy between the proposed grade at the back end of the building
and the existing grade and stated that he could reduce the ceiling height or r. -duce the
overall height of the building to solve the problem.
Mr. Borg stated he didn't think his parking spaces as presented were unreasonable. The
spaces have a turning radius of 28 feet. He stated the maximum radius based on the
largest model General Motors car is 23 feet.
Meeting Minutes
January 16, 1996 Planning and Zoning Commission Meeting Page 4
Commissioner Schneiderman asked how anyone would get out of the eastern unit garage
if someone was parked perpendicular to the side lot line to which Mr. Borg responded that
is was a single house family and they could deal with the parked car. He stated they
would have to back out of the driveway onto the road. Commissioner Schneiderman
wondered if it might be more practical to park parallel to the edge of the pavement. Mr.
Borg stated he would love to do just that, but the Staff would not let him (and only him)
infringe upon the 10' setback. He stated he was the last unit to go into the subdivision
and could show the Commission four guidelines that he had picked up over the last
fourteen years, all of which are different (i.e., building height, parking situations, etc.).
Mr. Borg passed out different parking options to the Commission. Mr. Borg stated he has
a family of four and can not build smaller than 2600 sq. feet. Mr. Borg stated he was
approached by a builder of an adjacent lot to build a spec. house on his lot. Mr. Borg
stated that the builder stated the only way to make money on his lot was to build small and
cheap, which he does not want to do.
Commissioner Schneiderman asked how deep the stucco faced planter between the front
of the two houses was and Mr. Borg stated six feet. She stated she was concerned with
the visual appearance of the front of the house and the planter did not add anything to the
landscaping. Commissioner Schneiderman referenced the side elevation doors and stated
she found them most interesting, but, unfortunately, only the neighbors could see them.
She further stated the front doors were very uninteresting. Commissioner Schneiderman
stated she thought the planter should be eliminated and the landscaping should be started
from the ground up. Mr. Borg stated he would be receptive to that. Commissioner
Stanley stated it would soften all of the asphalt in front.
Commissioner Vest stated he liked the roof line, the parking would be more favorable if
the cars could come out forward, they could mitigate the pavement with some good
landscaping. He stated his only concern was the T-111 that ran around the entire building.
He stated they had never approved a building with T-111 in that fashion.
Commissioner Stanley stated she thought some tall trees would help to take away from the
big driveway and the cars definitely needed to be able to pull out forward.
Chairperson Hunn stated he shared Commissioner Vest's concerns regarding the T-111.
He stated the problem with it was the horizontal seams. Mr. Borg stated the only joint
lines would be at the top of the door and the top of the window. Mr. Borg stated from a
financial standpoint, the T-111 was just as expensive as red wood, and his decision was
not for economy, but because it looked clean, unbuckled, and had an unwarped effect.
Chairperson Hunn asked Mr. Borg if he would consider incorporating a piece of trim
above the front door to hide the seam. Mr. Borg said it was valid suggestion, but that
flashing strips were very discreet and would occupy a horizontal half inch band.
Chairperson Hunn also asked if his snow storage area equaled twenty percent of the paved
surface of the driveway. Mr. Borg stated he had not calculated it, but he stated he had
just as much as everyone else, if not more. Chairperson Hunn asked if the stairway in the
garage was a two directional stairway. Mr. Borg stated that he had a stairway going up so
Meeting Minutes
January 16, 1996 Planning and Zoning Commission Meeting Page 5
one could access the entry hallway, which takes up the back 3 feet of the garage. He
further stated the other stairway accessed storage space above the garage.
Chairperson Hunn asked if they had a light fixture cut sheet. Mr. Borg stated they were
aware of concerns like light trespass, but did not have a cut sheet yet.
Mr. Borg presented his color samples. Chairperson Hunn asked about the blue color
chosen for the upper portion of the home and stated it was unusual for that area. Mr.
Borg stated it was the same color being used on a complex across the road.
Chairperson Hunn asked Staff if they had received prior information regarding the 4"
discrepancy. George Harrison stated no and that the letter Mr. Borg presented had not
been viewed by Staff. Mr. Harrison stated that Staff still had some concern regarding
where the true height of the building existed. Mr. Harrison stated that the building height
could be resolved when the building permit was issued.
Chairperson Hunn asked Staff if they would consider an application for a variance to bring
the parking closer to the road to relieve some of the parking concerns. Mr. Harrison
stated his initial impression was no; however, Staff, including Engineering and Public
Works, would have to sit down and really discuss it.
Commissioner Schneiderman stated that she was concerned with the landscaping plan
because there was a lot of mature landscaping on the street and the site plan was
proposing only 5 trees and 8 shrubs for a duplex. Commissioner Schneiderman read a lis:
of her concerns and asked Staff if the list was too numerous or complicated to approve the
project with conditions. Her list included: the landscape plan, alternative siding, detailed
elevation of the front doors of the units, a cut sheet for doors, remove the planter, work
with Staff on building height, alternative siding color, and the light fixtures must be
brought back. She stated she did not have a big problem with the parking because even
the most aggressive parking plan would not have enough spaces in a resort community.
Chairperson Hunn stated there was a safety issue involved when people had to back out of
the driveway.
Chairperson Hunn stated with that many unresolved issues, if Rhoda would make a motion
to approve, Mr. Borg would have to come back before the Commission with resolutions
at some point. Chairperson Hunn suggested to table the project to give Mr. Borg a
chance to work with Staff and then come back to the Commission.
Chairperson Hunn suggested working with Staff for an improved parking plan. Mr. Borg
stated that without 2 road cuts or allowing him to infringe on the 10' setbacks, there were
not too many more options on the parking.
Motion
Meeting Minutes
January 16, 1996 Planning and Zoning Commission Meeting Page 6
Commissioner Schneiderman made a motion to approve final design review for Lot 32,
Block 2, Benchmark at Beaver Creek subdivision with the following conditions:
1. Light fixtures cut sheets be brought back to P&Z for approval
2. Landscape plan be brought back to P&Z for approval
3. Front planter be removed and landscaping from the ground up be
installed instead
4. An alternative siding material be brought back
5. Alternative color samples for that siding be brought back
6. Lower the height of the building to meet the 35' requirement, which can be
approved by Staff
7. Applicant and Staff explore alternative parking situations with possible
variances
8. Front Door detail plan be brought back showing all the moldings and a cut
sheet of the actual door
9. The plant list must reflect the acceptable standards of the Town, which
would be deciduous trees, min. 6 foot height, and Aspen type tree,
minimum of 2" caliper
No one seconded the motion and the motion failed.
Commissioner Vest made a motion to table Lot 32, Block 2, Benchmark at Beaver Creek
subdivision. Commissioner Schneiderman seconded the motion.
Further Discussion
Chairperson Hunn stated that all of the same issues must be addressed before they come
back.
The motion carried unanimously.
B. Lots 18-19, Block 1, Benchmark at Beaver Creek Subdivision
Street Address: 241-281 Metcalf Road
Project Type: Warehouse, Conditions of Final Design Approval
Owner: Richard DeClark
Applicant: Mark Donaldson
Karen Griffith stated that on December 19, 1995, the Planning and Zoning Commission
granted conditional approval of this application and they were returning to satisfy those
conditions. Ms. Griffith stated they had pretty much satisfied the conditions of approval
and Staff had some recommendations for items that needed attention that were outlined in
the Staff memo. Ms. Griffith also stated the Staff recommended three more conditions: 1.
the lighting plan be redrawn at the same scale as the site plan and all light patterns and
Meeting Minutes
January 16, 1996 Planning and Zoning Commission Meeting Page 7
specifications be diagrammed on the plan sets, 2. Parking lot lighting be provided by the
freestanding light standard with shielded downcast lights and the item A flood lights not be
approved because of their potential to cause off-site glare and 3. The remaining Town
Engineer's comments be satisfied either prior to or with the building application.
Chairperson Hunn asked Staff if there were any thoughts about putting up a guard rail on
the very high retaining walls behind the building to prevent animals or children from falling
28 feet to the parking lot.
Mr. Mark Donaldson stated that they felt like it was uninhabitable area. He stated they
checked the codes and it was not a requirement, but would be willing to look at it if
Commission wanted them to.
Commissioner Schneiderman stated she was very familiar with condominium decs and by-
laws and one aspect of them was that there was always a provision in them that anything
in them can be changed with a certain percentage of the vote of the association. She
asked what provisions had been made in the decs and by-laws to prevent the items the
Commission was concerned about from never being changed.
Mr. Rick Rosen stated that under the Colorado ownership act they could not put anything
in like that. Mr. Rosen stated that was why they suggested working with the Town
Attorney and Town Council to create an ordinance that addressed the issue.
Chairperson Hunn asked if the building identification sign was an illuminated sign and if
so, what was the level of illumination. Mr. Larry Ast, HighTech signs, had left the
meeting and the answer was not known. Mr. Steve Hodges stated the sign was a reverse
pan channel which meant it was backward with the light shining onto the building instead
of out and created a subtle effect.
Ms. Griffith stated a condition regarding the heated driveway would be to better show it
graphically on the site plan. Chairperson Hunn asked if the driveway was heated to the
extent that moisture was evaporated or would they be creating runoff that could cause
some icing down in the drainage system.
Mr. Scott Farman, civil engineer for the project, stated they would catch runoff from the
breezeway in french drains that would cross the drive and the only area that might be
affected by runoff would be a curb area.
The color samples were presented and Commissioner Vest questioned the white color.
Commissioner Schneiderman stated that maybe every color should be 2 shades darker
except for the gun metal color because the colors were shown against a green background,
but in reality, it will be against dirt or white snow. Mr. Donaldson stated that at the last
meeting they were asked to match the exact color from the rendering, which they did, and
he wanted to avoid having another meeting.
Meeting Minutes
January 16, 1996 Planning and Zoning Commission Meeting Page 8
Mr. Mohammad Bouabdesselam presented a revised lighting plan. Ms. Griffith stated that
Staff would like an opportunity to review the plan.
Commissioner Schneiderman asked why there was so much lighting. She referenced
building B, 2&3, and asked wattage and type. Mr. Bouabdesselam stated the wattage was
100, they faced in toward the building and they were lighting the front of the building for a
visual effect.
Chairperson Hunn asked if it was reasonable to turn off most of the lights by eight
o'clock. Mr. Donaldson and Mr. Richard DeClark stated yes.
Mr. Donaldson asked about the process. He stated he did not understand why he turned
in his application three weeks ago and did not hear from Staff until the Friday before the
meeting at 5:00 p.m. He stated he worked over the weekend to address issues in the Staff
Memo, and now Staff needed more time to review his lighting plan. Mr. Donaldson stated
he felt it could be resolved that evening by saying that all lights would be off by 8:00 p.m.
Mr. Mike Matzko stated that three weeks sounded like a lot of time, but the Staff had a
lot to do and the time period was not due to a lack of effort.
Commissioner Schneiderman asked Mr. Bouabdesselam to clarify which way the lights
were tilted 11 degrees toward the building.
Ms. Griffith stated the ordinance for the truck issue could be drafted when the
condominium plat was presented to Council. Mr. Rick Rosen stated that he thought that
the ordinance for the truck issue should be drafted now so when they got to the point to
go forward, the ordinance would be written and done.
Ms. Griffith reviewed the other conditions she wanted to add and they were: 1. if the
drainage swale changes, they will bring it back, 2. Staff would like to review the revised
lighting plan, which could go back to Commission on the consent agenda. Commissioner
Schneiderman asked what the wattage was for the A fixture. Mr. Donaldson stated that
according to the catalog they were 400 watts and Commissioner Schneiderman stated she
would not go for that high of wattage.
Ms. Griffith stated that she wanted to feel comfortable with the lighting plan whether it
was turned off at 8 p.m., midnight, or not at all because they may or may not be turned
off
Motion
Commissioner Schneiderman made a motion to give final approval for conditions for Lots
18/19, Block 1, Benchmark @ Beaver Creek Subdivision with the following conditions:
1. Staff recommendations
Meeting Minutes
January 16, 1996 Planning and Zoning Commission Meeting Page 9
2. No high pressure sodium parking lot lights be any greater wattage than 200 watts.
3. A cut sheet of the planters which flank the columns be submitted for design
approval on the consent agenda at any future meeting.
4. Immediately, the Town Attorney and Staff go into a session with N/Ir. Rick Rosen
to draft an ordinance which will cement the truck length allowed on the property
so it can not be changed in the condominium declarations.
Further Discussion
Karen Griffith stated that she was not sure if they could direct the Town Attorney to draft
an ordinance without direction from Town Council. Mr. Matzko stated there were legal
fees to consider as well. Commissioner Schneiderman stated that whatever process had to
be taken was fine. Mr. Matzko stated that it was not appropriate to direct the Town
Attorney to write an ordinance in the motion.
Chairperson Hunn stated that maybe the point was that Commission should be making a
recommendation because it was not their authority to direct the Town Attorney, but the
recommendation was certainly appropriate.
Mr. Rosen stated that he would take it upon himself to make an appointment with the
Town Attorney on his time, not his client's, so the Town and his client would not have a
legal fee problem. Commissioner Schneiderman stated that she was looking at the end
result, not the method.
The motion was seconded by Commissioner Vest and the motion carried unanimously.
Other Business
George Harrison stated that Staff had included the latest version of the P&Z mission.
statement in Commission's packets. He suggested they take the statement home, review
it, and bring suggestions to the next meeting.
Mr. Harrison also mentioned the possibility of having guest speakers make presentations
to the Commission. He stated there was a list of possible topic ideas in Commission's
packets and asked Commission to suggest people who might be informative speakers. He
asked Commission to bring ideas to the next meeting. Mr. Harrison also stated that it had
been mention that Commission and Council (if interested) could have joint presentations.
Karen stated that Staff was working on issues brought up in the past by Commission, i.e.,
light trespass in Wildridge and the Church retaining wall.
Meeting Minutes
January 16, 1996 Planning and Zoning Commission Meeting Page 10
Commissioner Schneiderman asked if anyone had noticed that T.J. Connors heated portion
of the driveway had not been heated? Chairperson Hunn stated that his lightbulbs that
were supposed to be 40 watt lightbulbs in the stairway were at least 100 watts.
Karen Griffith asked the Commission what they thought about how Staff moved the
podium to the side. Chairperson Hunn stated he thought the applicants felt the need to
come to the Commission table more to make a point, left the microphone a lot, and could
possibly be lengthening the meetings.
Commissioner Schneiderman suggested placing an extension in the center of the
Commission table like the Town of Vail does.
Karen stated Staff would work on a different approach so the podium could be moved
back to the center.
Mike Matzko stated he would like to make it clear to applicants that if they were going to
present something to Commission, Staff must see it first. He stated Staff was the last to
view the models that are presented.
Chairperson Hunn referenced Mark Donaldson's comment that they had work over the
weekend to respond to Staffs memo and he suggested that Staff make it clear how the
process works and the Commission should not consider items that Staff had not reviewed.
Adjournment
Commissioner Schneiderman made a motion to adjourn the meeting. It was seconded by
Commissioner Vest and the meeting adjourned at 10:30 p.m.
Respectfully submitted,
Jacqueline Halburnt
Recording Secretary
Commission Approval
J. Hunn
S. Railton
A. Reynolds
R. Schneiderman
Date
Meeting Minutes
January 16, 1996 Planning and Zoning Commission Meeting Page 11
B. Stanley
H. Vest