PZC Minutes 080294I.
RECORD OF PROCEEDINGS
PLANNING AND ZONING COMMISSION MEETING MINUTES
AUGUST 2, 1994
The Town of Avon Planning and Zoning Commission held a worksession starting at 6:45
P.M. Topic of discussion was the proposed ordinance adopting the Wildridge Restrictive
Covenants. All Planning and Zoning Commission members, except Bill Sargis, were present.
Others present included, Norm Wood, Town Engineer, Mary Holden, Town Planner, and
Charlette Pascuzzi, Recording Secretary.
The regular meeting of the Town of Avon Planning and Zoning Commission was called to
order by Chairman Jack Hunn at 7:35 PM, August 2, 1994 in the Council Chambers, Avon
Municipal Building, 400 Benchmark Road, Avon, Colorado. All members, except Bill Sargis
were present
Members Present. Jack Hunn, Patti Dixon
Henry Vest, Sue Railton
Rhoda Schneiderman,
Buz Reynolds,
Staff Present: Norman Wood, Town Engineer
Mary Holden, Town Planner,
Charlette Pascuzzi, Recording
Secretary
CONSENT AGENDA
The following items were scheduled on the Consent Agenda
1. Lot 43, Block 2, Wildridge Subdivision, Bober Residence, Conditions of
Approv-'
2, Lot 5, Block 2, Benchmark at Beaver Creek Subdivision, Roof Material Change
3 Lot 8, Block 4, Wildridge Subdivision, Simon residence Modifications
d Lot 11, Block 5, Wildridge Subdivision, O'Connor Fence
5. Lot 54, Block 3, Wildridge Subdivision, Olson Residence Repaint
6, Lots 5 & 11, Block 5, Wildridge Subdivision, Wildwood Townhomes, Deck
Roof
7 Lot 12, Filing I. Eaglebend Subdivision, Fence
8 Lot 14, Filing 2, :
PLANNING AND ZONING COMMISSION MEETING MINUTES
August 2, 1994
Page 2
CONSENT AGENDA (CONT)
11. Lot 17, Block 2, Benchmark at Beaver Creek Subdivision, Repaint
12. Approval of July 19, 1994, Planning and Zoning Commission Minutes
Mary Holden described each Consent Agenda request.
The Commission pulled Items 3, 9, and 1 I from the Consent Agenda for further discussion
later.
Rhoda Schneiderman moved to approve the Consent Agenda, with Items 3, 9, and 1 I being
removed and Item b is approved if all decks receive a roof, and Item 7 is approved as
amended in the Staff Report. Patti Dixon seconded and the motion carried with Henry Vest
voting nay.
PUBLIC HEARING
Lot 5. Wildridee Acres Subdivision. Loria Residence Variance From Rear Yard Setback
Mary Holden stated that this is a request to have a 2.83 foot encroachment into the rear yard
setback for the deck to overhang. The criteria for considering a setback variance are listed in
the packet. Staff recommended approval of Resolution 94-14, approving the variance
Chairman Hunn then opened the public for citizen input- The Recording Secretary stated that
a letter had been received regarding this matter, Chairman Hunn stated that it was a letter of
support for the variance from Bob & Trudy Matarese With no further citizen input, the
Chairman closed the public hearing
Henry Vest moved to approve Planning and Zoning Commission Resolution 94-14, A
Resolution Approving A Variance From the Rear Yard Setback Requirements As stipulated
In Title 17 Of The Avon Municipal Code, citing the following findings
A that the granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity
B. That the granting of the variance will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the
vicinity.
PLANNING AND ZONING COMMISSION MEETING MINUTES
August 2, 1994
Page 3
PUBLIC HEARING. (CONT)
Lot 5. Wildridge Acres Subdivision, Loria Residence, Variance From Rear Yard Setback
C. That the variance is warranted for one or more of the following reasons:
1. The strict or literal interpretation and enforcement of the regulation
would result in practical difficulty or unnecessary physical hardship
inconsist,:nt with the objectives of this title
2 There are exceptional or extraordinary circumstances or conditions
applicable to the site of the variance that do not apply generally to
other properties in the same zone.
The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the
owners of other properties in the same district
Sue Railton seconded and the motion carried unanimously.
FINAL DESIGN REVIEWS
Lot 37, Block I. Wildridge Subdivision, Shearwood Duplex. Final Design Review
Mary Holden stated that this would contain two levels and stand 29-1/2 feet high Materials,
colors and plant materials are called out in the staff report. She stated that Staff feels that
less regrading could take place on the lot, instead of going out to the lot line. Staff would
recommend approval with the conditions listed in the Staff Report.
Scott Shearwood provided color samples Discussion followed Discussion followed on the
landscaping between the garages The applicant has added a narrow leaf cottonwood in this
area The applicant stated that regarding the garage doors, he has added some arches to the
primary unit to match the arch in the window scheme above The applicant stated that he did
not add the dormer to the east unit due to the added cost that would up the square foot
market price Schneiderman stated she would like to see more shrubbery, at least another 10
to 15 five gallon size shrubs. She wants to see the actual color sample of the stucco
Patti Dixon and Buz Reynolds and Jack Hunn did not care for the arches over the garage
doors
Rhoda Schneiderman moved to grant final design approval with the following conditions
1-11 '1 0%
PLANNING AND ZONING COMMISSION MEETING MINUTES
August 2, 1994
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FINAL DESIGN REVIEWS. (CONT)
Lot 37, Block I. Wildridge Subdivision Shearwood Duplex Final Design Reviewcont
The flues, flashings and vents be painted to match the color scheme of the
building.
2. The building lighting be approved by staff prior to issuance of a building permit.
3. Revegetation include native bushes,
4. Meters be placed on the building.
5. The addition of a minimum of ten various shrubs to he placed around the building.
6. The actual color sample for the stucco be brought back at a future date.
Patti Dixon seconded. Discussion followed on the garage doors
Schneide-man amended the motion to include the garage door details should be of the
original, squared off variety, and that the applicant agrees to do a 12 inch overhang all the
way around including the gable end. Patti Dixon seconded the amendment and the motion
carried unanimously.
Lot 7. Block 1 Wildridge Subdivision Chanticler Triplex, Final Design Review
Mary Holden stated that this will contain three levels and stand 34 feet in height. The
materials, colors and plants are called out in the staff report. The proposed railroad ties
retaining wall is not a recommended use and staff would recommend native rock. She stated
that the applicant will nerd to provide documentation of an access easement prior to the
application for a building permit Lot 7 is divided into two lots and there was no access
easement dedicate for this lot. Staff would recommend locating the trees away from the edge
of the asphalt. Building lighting must be approved by Staff prior to application for a building
permit. Revegetation occur with native bushes and engineering concerns are addressed
Letters from the engineer have been provided, outlining comments regarding this project.
Holden stated that the design review criteria is in the staff report and Staff would recommend
approval with the conditions outlined in the report
Mark Donaldson stated that they agree with the Staff conditions. He provided a revised site
plan that reflected the changes Mary Holden was talking about. He stated that the one area
�1
PLANNING AND ZONING COMMISSION MEETING MINUTES
August 2, 1994
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FINAL DESIGN REVIEWS, CONT)
Lot 7. Block I. Wildridee Subdivision. Chanticler Tri lex. Final Design Review
that remains outstanding is the landscaping along the south edge of the driveway along the
south property line He stated because of the site topography, placement of the building,
depth of parking, access drive, etc , they do need the asphalt to be that close to the property
line. They would like the landscaping there as a buffer between projects, but it is in conflict
with the idea of having landscaping within six feet of snow storage
Discussion followed on the site topography The white railings were also discussed. It was
suggested more trees and bushes be added Discussion followed on the trash removal It will
be curb service, and there will be a concrete pad added Further discussion followed on the
landscaping There will be 10 redtwig dogwood
Rhoda Schneiderman moved to grant final design review approval with the staff conditions as
follows
i The flues, Flashings and vents be painted to match the color scheme of the building
2 The building lighting be approved by staff prior to issuance of a building permit
3 Revegetation include native bushes
4 Electric and water meters be placed on the building
5 Prior to anv site disturbance, a construction/erosion control fence be placed on site
G The landscape material be located away from the edge of pavement
7 The applicant address all engineering concerns prior to the application for a building
permit
R The railroad tie retaining wall material be changed to native rock and boulders
9 The applicant must provide to the Town of Avon legal documentation showing access
to the east portion of Lot 7, Block I. Wildridge Subdivision prior to the application
for a building permit
10 Compliance with Engineering concerns pending their review
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August 2, 1994
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FINAL DESIGN REVIEWS. (CONT)
Lot l Block 1. Wildridae_Subdivision, Chanticler Triplex, Final Design Review
11 The addition in the landscape plan of 10 redtwig dogwood, and have the buffalo
juniper be reduced to ten and then an additional 15 other variety of shrubs be placed on
the east and west elevations
Patti Dixon seconded. Oiscussion followed on staff condition number 6, and the applicant's
request to leave the landscape material in that area.
Rhoda Schneiderman revised her motion to delete staff condition number 6, and adding a
number 11, which would be to provide a trash pad and enclosure to match the existing
architecture. Patti Dixon seconded the amendment and the motion carried unanimously.
Lot 3, Block 2. Wildridge. Mountain Coast Homes Fourplex, Fina! Design Review
Mary Holden stated that this fourplex contains three and a half levels Materials, colors and
plant materials are called out in the staff report She stated that slopes are exceeding 2 1
which is out maximum There is a fourteen foot retaining wall and no detail has been
provided, including engineering The retaining walls are in the setback and will require a
variance. The location of the trash dumpster raises concerns on how ft.nctional it will be.
Staff has included in the packet elevations of all four sides and staff wouid like the
Commission to comment on that A construction/erosion control fence will be required
Design review considerations are listed in the packet Staff would recommend tabling this
application due to the slopes, the retaining wall and the dumpster location concerns, and the
engineering concerns that have been brought up in a letter to Norm Wood A copy of that
letter has been provided for the Commission review
Bob Kaufmann stated that he has talked with the engineer and she has stated that none of the
items are of grave concern. He thinks that a lot of the concerns are building review concerns
vs, DRB concerns. The fourteen foot retaining wall has been designed by Monroe and
Newell. He stated that he did not feel they needed to submit the engineering drawings for
DRB. They did not submit foundation drawings either The wall does enter the setback for
about four linear feet The height at that point is only about four feet and they can introduce
a I 1 boulder retaining wall, which he understands is acceptable within a setback Kaufmann
stated that they went through a lot of painstaking design to try to get it to where the drive
would be on the tlattest part of the lot He stated that he thinks that there is still a
discrepancy in how the height is calculated The feel that they are within the thirty five foot
requirement He stated that they have not created grades steeper than 2 1
PLANNING AND ZONING COIMNLSSION MEETING MINUTES
August 2, 1994
Page 7
FINAL DESIGN REVIEWS, (CONT)
Lot 3_ Block 2. Wildridme. Mountain Coast Homes Foumlex, Final Desmon Review
He stated that they could go with individual pickup of the trash if it would work better. He
stated that he would like to get final design review on the building and if there are some
engineering concerns they can address those with staff.
It was suggested shifting the units back four feet, The applicant stated that if they did that
they would have to rotate it and that would make the views more to Lot 4. Discussion
followed on the wall. Discussion followed on site disturbance and the possible problems that
the fire department might have. Discussion followed between the applicant and Norm Wood
regarding the topo. Discussion followed on the fourteen foot wall and the need to shield it
more. It was suggested that some boulders need to be used to bring it down into the seven
foot range. It should look like part of the hillside, not the building. Chairman Hunn stated
that the Planning and Zoning Commission rules indicate a preference for terraced walls and
the steep slope guidelines stated that the maxii.jum height shall be six feet or less.
Patti Dixon asked about the colors. The applicant stated it would be natural cedar siding and
green bank for the trim and burnt sienna for the roof and a wheat color for the stucco. Dixon
stated that she would like to see a model of the structure, the color chart, and also a different
retaining wall.
Henry Vest asked about the garage doors. The applicant stated that it would be a wood
grained masonite in the natural siding color. Vest asked how the gas vents will be handled.
The applicant stated that they will be painted to match the siding. Vest stated that he thinks
it is an awful lot of siding with as tall as the building is.
Rhoda Schneiderman stated that she thinks the landscape plan needs to be a complete one, all
four sides She agrees that the iight colored stucco on the retaining wall will stand out like a
sore thumb
Sue Railton stated that the stucco for the retaining wall should be a color as near to the
landscape color as they can get She stated that on the elevations there are some markings on
the sheet that indicate that the building is taller than the thirty five feet. Mary Holden stated
that on two elevations it is under thirty five feet, but on two it is not It is the side elevations
under 35 feet and the front and rear elevations exceed 35 feet. She stated that the
Commission should make the call based on what was discussed last time. Considerable
discussion followed regarding this matter, with the applicant at odds regarding the
interpretation of the way the height should he determined.
PLANNING AND ZONING COMMISSION MEETING MINUTES
August 2, 1994
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FINAL DESIGN REVIEWS, (CONT)
Lot 3. Block 2. Wildridge. Mountain Coast Homes Fourplex, Final Design Review
Chairman Hunn stated that rather than let this seven person Commission interpret building
height on a case by case basis and try to measure it at a public meeting, the Commission
needs to rely on staff to consistently apply the method and measure the plans in a reasonabiy
straight forward way Further discussion followed on what the method should be
Chairman Hunn stated that lie thinks the fourteen foot retaining wall is the outcome of
forcing four units on the site Chairman Ht.mn stated that the applicant might want to
consider a front yard setback variance
Discussion followed on the landscaping of the back side of the units
Mary Holden stated that she is not clear on what the Commission wants regarding the
building height, and asked them to clarify it
Chairman Hunn stated that the last time it was discussed she was taking the horizontal
projection from the highest point on the building and dropping it to the site The Commission
believes that a line parallel to the existing or proposed grade, whichever is more restrictive,
be drawn 35 feet above that point and the building has to fail within that Further discussion
followed with the applicant still not agreeing Buz Reynolds stated that he would feel
comfortable if the ridgeline was dropped a foot and a half or two feet Mary Holden stated
that basically what she is hearing is this does not meet the building height requirements as
outlined and defined by the way they are doing it Buz Reynolds asked if the Commission
would be comfortable with maybe a 37-12 foot height Chairman Hunn stated the applicant
would have to apply for a height variance, which is a public notice process. Chairman Hunn
suggested tabling this and having a worksession prior to the next meeting to work out the
height issue
Buz Reynolds moved to table this item until the next meeting Patti Dixon seconded and the
motion carried unanimously.
Lott Ea gI�, ewood Suisdivision. Brookside. 96 Units�Final Design Review
Mary Holden stated that revised information has been provided and also there is a letter from
Inter -Mountain Engineering listing concerns the engineer has picked up regarding this
project She stated that -Upper Eagle Valley Sanitation District must approve any
PLANNING AND ZONING COMMISSION MEETING MINUTES
August 2, 1994
Page 9
FINAL DESIGN REVIEWS, (CONT)
Lot__i Eaglewood Subdivision, Brookside, 96 Units, Final Design Review
development within fifteen feet of their easement She stated that Plat Note #3 is specifically
related to a piece of property north of Lot 2, not Lot I
The plans were given to Bill Landry, Division of Wildlife for review on concerns The
drainage plan shows a vault being built half on this property and half on Sunridge property
and this is not allowed It must be built on their site Staff would recommend approval with
the conditions outlined in the staff report
Rick Pylman introduced the development team He stated that he believes that they have
addressed all the concerns the Commission voiced at the previo meetings He proceeded to
review those concerns and what has been done to address them
He stated that they will be submitting a permit through the Town of Avon to the Colorado
Department of Transportation for an access permit
He stated that the drainage problems is being handled with the engineers The roof material
will be the same gauge that is going on the Westgate building with a 16 inch center spacing
on the ribs He stated that they are looking at trying to solve the repetitious nature
He stated that at this point they do not have a formal phasing plan, but pointed out the first
two buildings that will probably be built, beginning October I st and trying to finish by April
1 Fie stated that the entire buildout should he completed by December 1, 1995 If they don't
have a comfort level with the number of the units sold then they would just keep selling
during the winter and start in the spring and possibly do the whole thing at once There
would be forty units in the first two buildings and if they can see half or three quarters then
they will go ahead
Pvlman then described the drainage plan He stated that Larry Brooks can move the vault
and retaining wall on to this site, and will do it Pylman stated that regarding the first
condition in the staff report, a portion of the piping of the irrigation ditch does fall within or
very close to the 30' stream setback The definition in the Town of Avon Zoning Code for
the 30' stream setback falls in the supplemental regulations and it does allow a few things to
occur in the setback and irrigation structures is one of the things allowed
The general consensus of the Commission is that this will be a very good project Buz
M
40
PLANNING AND ZONING COMMISSION MEETING MINUTES
August 2, 1994
Page 10
FINAL DESIGN REVIEWS, (CONT)
Lot 1. Eaglewood Subdivision Brookside 96 Units Final Design Review
Reynolds had a concern regarding the snow shed off of a four story building on to the
walkway. Discussion followed. The applicant stated that they will have that problem solved
at building permit time. Discussion followed on the placement of the meters. The applicant
stated that they have not thoroughly addressed that at this time but will provide that
information to the Commission in the near future
Buz Reynolds moved to grant final design approval for Lot 1, Eaglewood Subdivision, with
the following conditions:
No site disturbance or grading may take place on the 30' stream setback, except for the
construction of the bike path.
2. Prior to any site disturbance, a construction/erosion control fence be placed at the 30'
stream setback.
3. Plans for the water line extension be approved by the Town of Avon and the Avon
Metropolitan District prior to the application for a building permit.
4. A drainage report be submitted to the Town of Avon and approved by the Town
Engineer prior to the application for a building permit.
5 The developer provide to the Town of Avon permission from the respective agency
for the piping of the irrigation ditch prior to the application for a building permit.
6. The developer provide to the Town of Avon, Colorado Division of Transportation
permission for he access onto Highway 6/24 prior to application for a building permit.
The developer will install the bike path, as indicated in the Recreation Master Plan,
prior to the issuance of a Temporary Certificate of Occupancy of the first
constructed building
8. The applicant must provide to the Town of Avon, Upper Eagle Valley Sanitation
District permission for the improvements located 15' from the sewer easement
prior to the application for a building permit
9. The flues, flashings and vents be painted to match the color scheme of the building
h 04
PLANNING AND ZONING COMMISSION MEETING MINUTES
August 2, 1994
Page 1 I
FINAL DESIGN REVIEWS, 11,CONTI
Lot 1. Eaglewood Subdivision, Brookside 96 Units. Final Design Review
10. The building lighting be approved by Planning and Zoning Commission.
11. Revegetation include native bushes.
12. Meters be placed on the building.
13. The landscape plan be brought back prior to the first TCO being issued.
14. Have the snow shedding approved by staff.
Henry Vest seconded and the motion carried unanimously.
ONSER. f AGENDA ITEMS PULLED FOR DISCUSSION
Lot 8. Block 4. Wildridee Subdivision. Simon Residence, Final Desiun Review Modifications
Mary Holden stated that the Commission has a copy of the letter from Inter -Mountain
Engineering regarding this project. She reviewed the modifications requested.
Mark Simon stated that the architect has made the changes needed as pointed out ley Inter -
Mountain Engineering. He provided plans for the Commission to review. Several people
were talking at the same time and, therefore, transcription of the discussion is impossible.
Discussion followed on the stairway and the covered parking for the guests and the walkway
Mr, Simon stated that they have terraced the retaining walls.
Norm Wood stated that Staff has not seen the revised site plans and they need to be reviewed
and he suggested tabling this and a resubmittal for review. Chairman Hunn asked how that
worked with Mr. Simon's schedule lie state) his schedule was to have this house finished
before last thanksgiving. Mr Simon stated that the site plan is the same with some details
added. The floor plan is the same rhe only real difference is the front elevation Discussion
followed on how much they moved the house on the site The applicant stated that they
moved the house about five feet to the east so that they got out of the easement along the
side. It was suggested that if the applicant is going to use all stucco, then it should be two
different stucco colors that they might use to make it more interesting.
PLANNING AND ZONING COMMISSION MEETING MINUTES
August 2, 1994
Page 12
CONSENT AGENDA ITEMS PULLED FOR DISCUSSION (CONT)
Lot 8, Block 4. Wildrid a ubdivision. Sinton Residence. Modifications
Discussion followed on colors Discussion followed on the front elevation changes
Chairman Hunn stated that he feels that because of the magnitude of the changes, this should
be tabled for two weeks to give staff a chance to review further
Discussion followed on the retaining walls
Rhoda Schneiderman moved to table this item Patti Dixon seconded and the motion carried
unanimously
Lot 104. Block I. Wildridge Sub&% sion,_PresslCy nuplex _Modification of (e)1or
Mary holden stated that the Commission has the color chip of what is existing and also the
color chip of what was approved
Don Pressley stated that it was just an honest mistake and he apologized for it lie stated
that the approved color was a Benjamin Moore Paint and the painter bought a different brand
and the color did not come out right He stated that he has sold both units and both owners
love the color and don't want to change it
Rhoda Schneiderman stated it is too green and too bright She would not have approved it
originally and she can't see approving it now Sue Railton stated that her opinion is the same
as Rhoda's Henry Vest thinks it looks fine Patti Dixon stated that it is just the worst color
Buz Reynolds stated that he knows in a year or so it will fade out, but he likes the original
Delta Fog color Jack Hunn also stated he could not support the existing color
Patti Dixon moved to deny the request to leave the existing color on the building. and
instructed the applicant to paint the duplex the color which was originally approved, Devoe
Delta Fog Rhoda Schneiderman seconded The motion carried with Henry Vest and Buz
Revnolds voting nay
Further discussion followed on whether they should let the applicant wait to paint The
general consensus was that it should be done this year, maybe after the landscaping is done
fls i
PLANNING AND ZONING COMMISSION MEETING MINUTES
August 2, 1994
Page 13
CONSENT AGENDA ITEMS Pl'LLED FOR DISCt'SSION (CONT)
Lot 17. Block 2. Benchmark at Beaver Creek Subdivision_ Avon Villas M_difcation of
Colors
Mary Holden stated that Avon Villas is requesting a change in the colors for their building
She presented chips of the body and trim color The body color is a brawn -beige and the
trim will be a muted dark green
Discussion followed on the green not being compatible with the .Asteroid body color The
applicant stated that the green color will be the window trim and ,he fascia will be a brown -
burgundy color
The general consensus of the Commission was that the green does not go with the body
color
Patti Dixon moved to approve the Asteroid body color and the trim and fascia color be the
reddish/brown color that is on the fascia now
Henry Vest seconded and the motion carried with Rhoda Schneiderman voting nav
MINUTES
ReadingandApproval of the July 19. 1994 Planning and Zoning Commission Mgetng
Minutes
The Recording Secretary stated that since Mary Holden did not include the minutes in her
present )tion of the Consent Agenda. the Commission needs to approve them for the record
Rhoda Schneiderman moved to approve the July 19. 1994 minutes as submitted Buz
Reynolds seconded and the motion carried unanimously
OTHER BUSINESS
Discussion followed on the animal control ordinance
With no further business the meeting was aijourned at !ll 15 P%1
r.
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PLANNING AND ZONING COMMISSION MEETING MINUTES
August 2, 1994
Page 14
Respectfully submitted,
Charlette Pascuzzi
Recording Secretary
Commission Approval
S.Railton 1may
R.Schneiderman
A. Reynolds JJ
P. Dixon
H Vest'` i
J.
i6 ,