PZC Minutes 011696Record of Proceedings
Planning and Zoning Commission Meeting Minutes
January 16, 1996
Regular Meeting
The regular meeting of the Town of Avon Planning and Zoning Commission was called to
order by Chairperson Jack Hunn at 7:37 p.m., January 16, 1996, in the Council Chambers,
Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. All members were
present except Sue Railton. Chairperson Hunn stated that Bill Sargis had resigned from
the Commission.
Members Present: Jack Hunn
Buz Reynolds
Rhoda Schneiderman
Beth Stanley
Henry Vest
Staff Present: Karen Griffith, Town Planner
Jacquie Halburnt, Recording Secretary
George Harrison, Town 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 items were scheduled on the Consent Agenda:
A. Approval of the January 2, 1996 Meeting Minutes
B. Lot 30, Block 2, Wildridge Subdivision; Satisfaction of conditions to
bring back landscape plan
Project Type: Single family
Owner: Tommy Ambrosio
Applicant: Tommy Ambrosio
Address: 2631 Beartrap Road
Meeting Minutes
January 16, 1996 Planning and Zoning Commission Meeting Page 2
C. Lot 49, Block 4, Wildridge Subdivision
Project Type: Modification of roof material on duplex
Owner: MVM Development
Applicant: Todd Morrison
Address: 5161 Longsun Lane
George Harrison explained the consent agenda. He stated the applicant for Lot 30, Block
2, Wildridge Subdivision wanted to replace his already approved Juniper Pine trees with
Cottonwood trees and the applicant for Lot 49, Block 4, Wildridge Subdivision wanted to
replace his already approved cedar shake roofing material with a composite roof material.
The applicant, Ward Morrison, was present to show the Commission the different roof
materials.
Motion
Commissioner Schneiderman made a motion to approve the consent agenda and it was
seconded by Commissioner Vest. The motion carried unanimously.
Final Design Review
A. Lots 45/46, Block 2, Benchmark at Beaver Creek Subdivision; Falcon
Point II
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 & 0340 Benchmark Road
Chairperson Hunn began the meeting by stating that procedurally the project was back
before the Commission at Town Council's request. He stated the Commission's role was
to recommend an action to Council. He continued that the project was previously denied
by Commission and then Council heard the matter and had seen new information. He
stated Council tabled it because they wanted Commission to see the new information.
Karen Griffith remarked that because the project was referred back to the Commission by
Council, an additional Public Hearing was not publicized. She stated that Chairperson
Hunn, at his discretion, may want to open a Public Hearing and take the information under
advisement.
Ms. Griffith briefly reviewed the staff report. She stated the building height had not been
changed, there was a new flat roof design, the underground parking was the major
revision that the Commission had not seen, a widened landscape area, added additional
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January 16, 1996 Planning and Zoning Commission Meeting Page 3
plant material, the requirements for snow storage were decreased because of the
underground parking, setbacks were not changed, and the SE building presented a 5 foot
setback instead of the standard 7 '/2 foot setback.
Ms. Griffith indicated that if the project was approved, a pollution and storm water control
plan, and grading plan revisions were still needed to be approved by the Town Engineer
for the project. She also stated a condition of approval would be that all parking lot
spaces meet the Town requirements for size. Staff recommended that per Council's
request, Commission review the revised site plan and determine if it addressed both the
adopted design review criteria and reasons for denial on December 19th.
Commissioner Schneiderman asked about the height of the 25 -foot wide berm. Ms.
Griffith stated it was 3 feet. Commissioner Reynolds asked if the density allowed when
the original project was fractionalized was grandfathered into the whole property even
though it was not developed. Ms. Griffith clarified that the whole property included lots
45 and 46. She stated there were 31 units allotted to each lot and then through the
fractionalization, Falcon Point converted the 31 units to 60 units of which they have 58 on
Lot 45. Ms. Griffith stated that if one would go with what was in the books right now,
without the rezoning, they could build 91 units; however, with the rezoning to PUD, it
was Staffs interpretation that the original development rights do not automatically
transfer and that the new project would be re-evaluated based on the design review
criteria.
Chairperson Hunn stated that he intended to include public comment as part of the
procedures; therefore, the Commission would hear the applicant's presentation, public
comments, the Commission would review the project, and then a decision would be made.
Mr. Larry Doll presented the project. Mr. Doll began by extending his apologies to
Chairperson Hunn and Commissioners Vest and Stanley for attempting to contact them to
notify them of a 45 -foot barrier that had been erected to indicate the height of the
proposed building and affected views. He stated did not mean to do anything that was not
proper.
Mr. Doll stated that from the first meeting in March of 1995, they had hoped to work
closely with Staff, Commission, and Council to develop a first class project and every
change that had been made was a result of their suggestions. He reviewed Staff s
conditions for approval from the December 5, 1995 Planning and Zoning Commission
meeting and indicated they had met all of the conditions except for study by the Town
Engineer. He next referenced the Staff s conditions for approval from the December 19,
1995 Planning and Zoning Commission meeting and indicated they had all been met. Mr.
Doll stated their commitment for 36 underground parking spaces added $450,000.00 to
the project and eliminated any profit off of five units, but he emphasized they were still
willing to do it. He next wanted to review a supplement on cost analyses. Commissioner
Schneiderman stated the supplement meant nothing to her as one commission member and
would not enter into her decision-making process whether a project was profitable or not
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January 16, 1996 Planning and Zoning Commission Meeting Page 4
and she did not think it was appropriate. Mr. Doll stated it was included to dispute the
misconception that Time -Share units made a lot of money. Chairperson Hunn stated that
instead of reviewing the supplement, Commission stipulated that they acknowledged Mr.
Doll's concern.
Mr. Stuart Ohlson, project architect, presented the changes that had taken place since their
meeting with Town Council and pointed out the result of the parking structure.
Mr. Ohlson showed a display of the revised layout. He stated the parking structure had
sprinklers, but no natural ventilation.
Mr. Ohlson referenced a letter written by Mr. Eric Hill that Mr. Mike Bennett presented to
the Commission at the last Planning and Zoning Commission Meeting. He paraphrased
the letter as saying that the height of the proposed building would block all southern views
from Phase 4 and Phase 2 and Beaver Creek West, that the scale of the proposed project
did not fit or complement the adjacent Falcon Point I building and the solid monolithic
massing of the proposed building did not attempt to step back from the adjacent building.
Mr. Ohlson stated that he felt the comments were disquieting because they thought those
were all the items they were successfully addressing. In order to soothe his dismay, Mr.
Ohlson had asked an Asst. Professor at the University of Colorado to give his objective
opinion on the quality of the urban space. Mr. Ohlson then passed out the letter to the
Commission, Staff, and members of the public.
Larry Doll presented a copy of a section of the comprehensive map for the Town of Avon
that depicted Beaver Creek West, Nottingham Park, and Falcon Point to comparatively
show the masses of the existing vs. the proposed buildings.
Chairperson Hunn asked Staff if the process was a rezoning process, not a design review
process. Karen Griffith stated that it was a PUD and building design was included.
Commissioner Reynolds complimented the building itself and stated that unfortunately it
was in a tight spot. He stated the major issues were density, the curtain effect, and traffic.
He stated the parking lot was full both of the times he stopped by the area. He stated he
felt it was the same as the building the Commission looked at originally, but his major
concern was density and did not think that anything they could show him on their boards
would change that fact.
Mr. Doll stated they looked at reducing the project by 4 units (2 on each side), but since
they had decided to commit to underground parking, it just wasn't economically viable.
Mr. Doll stated they spent a lot of money to get certified engineering drawings to show
site lines so they could put to bed what would happen to the views. He also discussed the
computer simulated picture that illustrated what the views would be. He stated he did not
know how to give the Commission a more realistic view of what it would look like with
the proposed building.
Meeting Minutes
January 16, 1996 Planning and Zoning Commission Meeting Page 5
Mr. Doll addressed his concerns on misrepresentation regarding communication with Mr.
Mike Bennett of Beaver Creek West. He stated they have met three times to find a
resolution. Mr. Doll stated what Mr. Bennett's board wanted in terms of changing the
orientation of the building, he, in good conscience, could not do. Mr. Doll presented
information on Beaver Creek West that addressed the neighborhood as a residential
community. He stated 80 units were owned by out-of-state residents, 25 businesses or
corporations own units (19 have multiple owners, 1 unit has 5 different owners), and over
100 units participate in the rental program. He stated it is a second home, rental home
community and it is not an ownership residence. He stated it is a successful commercial
property.
Public Hearing
Chairperson Hunn opened the public hearing for public comment.
Mr. Brett Heckman, attorney for Beaver Creek West, stated that the Commission had
already ruled on the application and the fact that it was back before the Commission
required public notice.
In response to former Commissioner Sargis's comment that he did not have evidence of
the economic effect on Beaver Creek West due to view obstruction, Mr. Heckman
presented a letter from the Eagle County Appraiser that he claimed stated unequivocally
the historic devaluation of 10-15% per unit due to view obstruction.
He stated he appreciated all of the work the applicants had done, but he agreed with
Commissioner Reynolds that the applicants had side stepped the issues important to the
Commission.
Mr. Heckman stated that all the computer-generated photos did not compare to visiting
the site and the 45 -foot barrier erected by the applicant was 15 -foot short of the 60 -foot
building height.
Mr. Heckman stated that their conversations with the applicant were unavailing at best
and there were no conversations or negotiations regarding density or mitigating the
problem with view corridors.
Mr. Heckman referenced the Staff memorandum that listed the PUD design criteria. He
stated the applicant was asking for double the density, it obstructed views as the tallest
building, it altered the character of what the town looked like from the park, the use was
time-share, and there was currently a lawsuit because the road maintenance agreement
between Beaver Creek West and Lakeside Terrace does not work. Mr. Heckman stated
that if the project was approved, he hoped the applicant would have to comply with the
road maintenance agreement.
Meeting Minutes
January 16, 1996 Planning and Zoning Commission Meeting Page 6
Mr. Mike Bennett, General Manager of Beaver Creek West, discussed the obstructed
views. He stated that whether someone bought to live in or bought for a vacation home,
one becomes a member of the community, takes pride in that and does have some
expectations.
Mr. Bennett stated that many people had said to him "You had to know something was
going to be built there." He stated that after 6 weeks of looking at the project, he finally
realized that the reason he was so bothered was because he always knew something would
be built on Lot 46. He stated the proposed building was built primarily on Lot 45. He
continued that Lot 45 was built out with 31 units around 1980, it was then fractionalized
2:1 to allow 60, so Lot 46 had 30 more units. He stated he believed they should be able to
develop Lot 46, but Lot 45 was built out to the maximum. He stated lots were zoned to
protect adjacent property owners' property rights and if they allowed the transfer of the
development rights to Lot 45, everyone's expectations would go out the window.
Mr. Jack Garland, resident for 15 years, owner at Beaver Creek West for 9 years, stated
he had expectations when he bought his unit and felt like he was moving into a residential
area. He stated it was a family environment and he valued that kind of feel to the
neighborhood and he thought a time-share unit was completely different from how the lot
was zoned.
Mr. Harvey Deutsch, owner of the Lakeside Terrace property, stated that when he bought
his property, it was totally open space, no recreation center, library, post office, proposed
hotel next to it, etc... He stated the character of the neighborhood now was urban with 3
and 4 story buildings and a bus service and that the proposed area was part of the core.
He stated that all of the information he heard from Mr. Heckman and Mr. Bennett was
wrong and there must be two Beaver Creek Wests. He stated the building was sold to
investors based upon a short-term rental program (2 night minimum) and was operated as
a hotel with the management company getting 35% for renting. He stated 60 person
buses filled with the Oklahoma Ski team was not what they had contemplated in the
neighborhood when they talked about duplexes. Mr. Deutsch referenced the lawsuit
regarding the road maintenance agreement and stated the problem was that they were told
Beaver Creek West was a long-term rental, but Beaver -Creek West's use was so intense
that he feels Lakeside Terrace's fair share should be reduced. In closing, Mr. Deutch
reiterated his support for the project.
Chairperson Hunn asked Staff to clarify the building height. Karen Griffith responded that
the north elevation was 55 feet tall to the top of the roof. She stated the site sloped down
to the back of the building and her recollection of the building height on the parkside was
60 feet.
Ms. Patti Dixon, homeowner on the lake in Avon, stated she was concerned with the view
corridor going down the road and from the park. She also stated that the Town doesn't
allow that much density in the core and she was concerned that they would allow it there.
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January 16, 1996 Planning and Zoning Commission Meeting Page 7
She stated she didn't think it mattered if residents of Beaver Creek West were there one
day or one week or all year long, their rights needed to be protected.
Ms. Maryann O'Brien, Beaver Creek West owner, stated that she did not see similarity
between her and a time share owner because her terms of investment use were entirely
different. She stated she was concerned with density and traffic.
Ms. Patricia Swanson, homeowner at Beaver Creek West, stated she was appreciative of
the Town's envisionary Master Plan, which was one of reasons she decided to buy at
Beaver Creek West. Her husband, Mr. Swanson, concluded by stating that he was
concerned with the density.
Larry Doll stated he wanted to clarify the building height and density. He stated the
parkside was 60 feet and the front of the building that would block views was 45 feet with
the new flat roof design. He stated that if you want beachfront property you pay the price
to buy on the beach. He stated the lot was for sale for two years before they bought it
and if the Town wanted to increase the park, he asked why they did not buy the lot, if
Beaver Creek West was so worried about their views, why did they not buy it?
Mr. Mike Cloutis, attorney for the applicant, stated he could not let the casual
misstatements and misinformation pass from the Beaver Creek West people. He
referenced Mr. Heckman stating the building was 60 feet, Mr. Cloutis stated it was 45
feet. Mr. Heckman stated that it was the tallest building, Mr. Cloutis stated it was not.
Mr. Heckman stated the density was twice what was allowed, Mr. Cloutis stated it was
not; And, lastly, Mr. Heckman stated the computer aided design was not accurate, Mr.
Cloutis stated it was more accurate than taping paper on photos. Mr. Cloutis asked if
anyone doubted that their computer aided design was accurate. Commissioner
Schneiderman stated she doubted strenuously because she was there and determined that
the view would be less than was depicted in the photo. Holly Parker, Director of
Operations for Falcon Point, stated there are two types of views and she wasn't certain
everyone was always talking about the same views.
Once again, the building height was discussed. Chairperson Hunn stated that if they were
measuring the building to determine if it was in a maximum height as determined by a
zoned district, they would look for the most restrictive condition and the Commission
would call the building a 60 foot building. He further stated that for view analysis, it was
appropriate to simulate what the angle would be from any vantage point.
Mr. Bennett stated he still thought they should build on Lot 46. Mr. Doll stated they
decided to build on Lot 45 so they could move everything forward and put the parking lot
in a better location.
Chairperson Hunn closed the public hearing.
Meeting Minutes
January 16, 1996 Planning and Zoning Commission Meeting Page 8
Karen Griffith addressed Mr. Heckman's comment that the meeting was not advertised as
a public hearing. She stated that the Town Attorney addressed the issue at the last
Council meeting and his answer was that no additional hearing notices were required.
Chairperson Hunn stated that part of the Commission's responsibility was to ensure that
the project would be in conformance with the Town's Comprehensive Plan. Karen
Griffith stated the project was in the Nottingham Park Residential planning area and the
plan does not designate density of development, only residential development and Staff
determined it was in conformance.
Commission Review
Commissioner Schneiderman stated on the plus side, she thought the courtyard effect
brought a cohesiveness to the area, and the underground parking and additional
landscaping and berming were good. She stated that her problem was not density, but the
building itself because it was massive and not interesting. She stated she thought the
density could have been helped by a more sensitive plan and moving the building.
Commissioner Vest stated that he was in total conformance with Commissioner
Schneiderman. He stated he did not completely agree with Commissioner Reynold's
density problem. He stated that as he had seen the project three, four, and five times,
more issues came to the table each time and on his last walk through he noticed the fact
that the SE corner of the building was 5 -feet from the pedestrian path. Commissioner
Vest stated he had hoped the side wings would come down one floor off of the building.
Commissioner Stanley stated she agreed with Commissioners Schneiderman and Reynolds,
but disagreed with Commissioner Vest in that she did not consider it part of the town
core. She stated she had driven and walked around the area several times and determined
that it was just going to be a massive building. She also stated that she thought the
applicant had done wonderful things in response the Commission's requests.
Commissioner Vest stated he thought it was the smartest orientation that they could have
and it was the only way to develop that particular site.
Commissioner Reynolds stated everyone had already heard his comments.
Chairperson Hunn pointed out that the PUD section of the zoning code started out by
saying that PUD zone district was intended to provide flexibility and creativity in the
development of land in order to promote its most appropriate use; therefore, it was
Commission's charge to ensure the project was the most appropriate use. The section
continued with - the density allowed on the property would be determined in compliance
with the design criteria in subsection H (which was in the staff memo).
Chairperson Hunn stated that there was a balance that needed to be found between a
development right and a property right and they should have expected some development
Meeting Minutes
January 16, 1996 Planning and Zoning Commission Meeting Page 9
to take place. He stated the applicant was asking for an increase in density and that
impacted the adjacent properties, so if they anticipated further development and that it
would infringe on their views, was the increase in density unnecessarily blocking more of
their views?
Chairperson Hunn stated that when he looked at the history of the property he saw a long
history of accommodations to the owners and developers of the property, i.e.,
fractionalization, doubling density, and approval of time shares. He stated he thought the
PUD rezoning was a step in the right direction. However, he stated he had a hard time
feeling this rezoning would be the most appropriate use for the site and felt it went back in
the wrong direction, and did not view it as favorable in the trade-off process.
Motion
Commissioner Schneiderman made a motion to recommend to Council to deny the PUD
rezoning application for Lots 45/46 based on noncompliance with PUD design criteria
17.20.110 H, 42, 3, 6, and 8. Commissioner Reynolds seconded the motion. The motion
carried unanimously.
Other Business
Commissioner Schneiderman asked if the trailers they were shown for Swift Gulch were
white with green trim? Chairperson Hunn stated that a one year temporary approval with
conditions was given and it did not appear that those conditions were being met.
Chairperson Hunn suggested that staff review the conditions and determine if they were
being met.
Commissioner Vest stated the Recreation Center needed to be painted. Commissioner
Schneiderman stated it was too late because it had been sealed. Mr. Matzko stated he had
heard the comment, "If the outside looked like the inside it would be much better."
Commissioner Reynolds stated that the inside was painted with an epoxy, which would
peel in sunlight, but if they could put additional non -watered-down sealers, it would look
fantastic. Chairperson Hunn stated that the general consensus of the public was that the
building was not finished, i.e., must have run out of weather, didn't paint it, someone will
paint it in the spring. Mike Matzko stated if the Commission felt so strongly about the
issue that it would be most effectively communicated directly to the Council.
Chairperson Hunn stated he attended the last Council meeting to express the
Commission's feelings about Tract Y and Council went forward and granted the approval
with a 12 month time restriction after which it would revert back to open space zoning if
a full development plan had not been presented and approved.
Chairperson Hunn stated he would be attending the next few Council meetings as a
concerned citizen and urged other Commission members to do the same.
Meeting Minutes
January 16, 1996 Planning and Zoning Commission Meeting Page 10
Chairperson Hunn asked about the Comp Plan meeting. He indicated he did not hear
about it and asked Staff if they wanted the Commission at those types of meetings. Mr.
Matzko apologized for the failure to better notify Commission and stated they should not
have to find out about it in the newspaper. Commissioner Schneiderman asked if
neighborhood meetings were discussed at the Comp Plan meeting. Mr. Matzko stated
that it should be presented to Council directly because it doesn't seem to work going
through Staff.
Commissioner Reynolds stated that on a day when the roads were pretty slick, he stopped
(using his plow) by a warehouse and asked if they could figure out a different time of day
to get the trucks in there? He stated they basically replied they could do anything they
wanted anytime they wanted. Commissioner Reynolds suggested recommending to
Council that they have a delivery time posted on Metcalf Road because he expects
Wildridge to continue to develop over the next few years. Chairperson Hunn agreed and
stated they should also widen the road.
Commissioner Schneiderman stated she never sees the Police by Avon Auto Body
anymore waiting to catch speeders on Metcalf Road. Commissioner Reynolds stated he
thought the Police Department was understaffed.
Chairperson Hunn mentioned the vacancy on the Commission and asked Staff what the
time frame was to fill that vacancy. Mr. Matzko stated he was uncertain, but thought it
could be filled by February.
Adjournment
Commissioner Reynolds moved to adjourn the meeting. It was seconded by
Commissioner Schneiderman and the meeting adjourned at 10:10 p.m.
Respectfully submitted,
Jacqueline Halburnt
Recording Secretary
Commissi
S. Railton
R. Schneiderman
Date1p q
Meeting Minutes
January 16, 1996 Planning and Zoning Commission Meeting Page 11
B. Stanley
H. Vest