PZC Minutes 030194I
RECORD OF PROCEEDINGS
PLANNING AND ZONING COMMISSION MEETING MINUTES
March 1, 1994
The regular meeting of the Planning and Zoning Commission was held on March 1, 1994, in
the Town Council Chambers, Avon Town Municipal Building, 400 Benchmark Road, Avon,
Colorado. The meeting was called to order at 7:30 P.M. by Chairman John Perkins
Members Present: lack Hunn, John Perkins,
Buz Reynolds, Sue Railton
Rhoda Schneiderman, Henry Vest
Staff Present: Steve Amsbaugh, Director of
Community Development,
Mary Holden, Town Planner,
Charlette Pascuzzi, Recording
Secretary
All members were present at the worksession and regular meeting except Patti Dixon.
Lot 3. Nottingham Station, Subdivision Planned Unit Development, Public Hearine
Steve Amsbaugh stated that SouthWest Partners are requesting approval for the completion of a
PUD on Lot 3 of the Nottingham Station Subdivision. The property is currently zoned PUD but
lacks the approved PUD development plan and development standards required by our code. He
stated that the Nottingham Station property currently consisting of Lots 1, 2, and 3 and Tracts A and
B were annexed into the Town in December 1981. At that time, Lot 3 received SPA zoning and no
detailed uses or development standards or criteria were assigned at that time. The zoning
designation SPA was changed to PUD in 1991. Therefore, the zone designation for Lot 3 switched
from SPA to PUD, but did not carry with it any development standards or development plan as the
code now calls for. Therefore, this lot does have the designation. The application proposed includes
the next two steps in the process in completing the PUD zoning designation. Those two steps are
the approval of a development plan and approval of development standards and guidelines.
Amsbaugh reviewed the flip chart he had prepared to show the steps necessary for approval of the
development plan and development standards.
PLANNING AND ZONING COMMISSION MEETING MINUTES
March 1, 1994
Page 2
Lot 3. Nottingham Station. Subdivision Planned Unit Development, Public Hearing, (cont)
The application received and reviewed consisted of a maximum 160 townhouse and condominium
residential units on a 9.05 acre portion of this Lot 3. In addition they have proposed to dedicate a
3.51 acre portion of Lot 3 along the Eagle River to the Town of Avon as open space. In addition
that, the third element of this PUD plan is a 50 ft. right-of-way for Hurd Lane dedicated through the
property in an east west direction as shown on the PUD plan. Basically, what they have is a linear
site in an east west direction with the Eagle River running along the south property line, the railroad
tracks along the north property line and access to the site is via Avon Road and Hurd Lane
intersection. The Hurd Lane dedication runs through the property to the far property line near the
Eaglebend area. The site features consist of relatively flat topography to a terraced bluff that leads
down to the river on the southern portion of the property and those bluffs range from 30 to 50%
grade. The site layout generally is proposed to be broken into two residential components, one will
be a condominium component along the railroad tracks in the east west fashion; the other will be a
townhouse component which generally lies along the river. As mentioned earlier, there is a 3.5 acre
open space tract dedication which goes to the property line and on the north side it consists of 30 ft.
setback from the mean high water line and that has been surveyed. Currently, this site has emergency
and public facility access through an easement in an easterly direction to the Eaglebend property and
that easement is for emergency vehicle use and public transit use at this time. There is no general
public access at that point right now. The development guidelines that this applicant is proposing to
place on this development consists generally of the following: Setbacks would be consistent with the
zoning code, however it would also inclu ±e specific setback requirements along the east and west
property ends of the main property of 10 feet, the north property perimeter of 20 feet, the south
property setback would be the setback from the mean high water line, 30 feet back from that. The
building setbacks from either side of Hurd Lane they are requesting to be ten feet, the building
separations would be a minimum of ten feet. The technical advisory committee, which consists of
the public works department, the town engineer, fire, and planning reviewed this project and these
setbacks for example are consistent for what they would require. The height they propose would be
a maximum building height of 48 feet. Density would be a maximum, not to exceed 160 dwelling
units on the total parcel. That is approximately 17 units per acre. Site coverage is proposed at 35%
of the total developable area, excluding the river front portion. Landscaping, not only are they
proposing the 3.51 acre open space tract delineation, but they are also proposing that the 9 acre
development portion of this site, that 20% of that be in landscape area at a minimum. Parking would
be consistent with the Town's Zoning Code. They have a phasing plan that was presented to staff for
analysis. Phase I would consist of the construction of Hurd Lane right-of-way improvements,
including drainage features and distribution of site utilities to and near each future building site and
the construction of buildings 6 and 7. Phase 11 would consist of the construction of buildings 4 and
5. Phase III would be buildings 3 and 8. Phase IV would be buildings 1, 2 and 9, and Phase V
would be buildings 10, 12, 11, and 13. There will be an allowance so certain phases could be done in
combination.
PLANNING AND ZONING COMMISSION MEETING MINUTES
March 1, 1994
Page 3
Lot 3, Nottingham Station, Subdivision, Planned Unit Development, Public Heating, (cont)
Amsbaugh stated that Staff has done a one month Staff analysis of this project. They feel, through
the review process that the applicant should be required to complete the connection to Hurd Lane,
which is consistent with the Town Comprehensive Transportation Plan. They also show a bus stop
in this development, therefore Staff feels the bus stop is appropriate and is consistent with the Town
Transportation Plan. Staff has requested and received a wetlands delineation map along the river,
and they have respected the wetland delineation in terms of their setback requirements mentioned
earlier. Amsbaugh stated that rather than read the three pages of Staff comments related to
conformity with the various plans, codes, and regulations, since the Commission has had the report
since last week, he would skip reading them. If there are any questions about individual ones, he
would be glad to answer. Amsbaugh stated that, with this brief review in mind, and with the fact that
the applicant will also make a presentation, he stated that Staff recommends that the Planning and
Zoning Commission approve the PUD development plan and the development standards for Lot 3,
Nottingham Station, with the following conditions:
1. The PUD Guidelines and Standards described above in this report, including allowed uses,
density, site access, and development standard, be incorporated into and binding upon the PUD zone
district designation for the parcel.
2. The Hurd Lane connection be completed by the applicant prior to the construction cf Phase I.
3. No site disturbance, including grading or structures be allowed within the 30 foot mean high
water mark setback.
4. A protective fence be installed along the 30 foot setback from the mean annual high water mark,
prior to and during all phases of construction.
5. A pedestrian trail pathway be shown on the PUD plan along the Eagle River. This trail shall
connect to Hurd Lane west of building I . The developer shall construct this pathway during Phase 1.
6. The final PUD Development Plan shown for existing Lot 3, Nottingham Station Subdivision as
three development tracts and one open space tract, and that each tract show the size, intended use
and maximum allowable density.
Amsbaugh pointed out on the map what he meant by that last condition. He stated that there is a
development tract for condominiums, which is a separate land use divided by a right-of-way, and
then there is the townhouse development along the river, and then there is Mauri Nottingham's out
parcel, and then there is the open space tract_ This would be a more clear way to represent the true
PLANNING AND ZONING COMMISSION MEETING MINUTES
March 1, 1994
Page 4
Lot 3. Nottingham Station Subdivision. Planned Unit Development. Public Hearing (cont
land uses that would be approved. They should also provide a table showing what is approved for
each tract. It is a clarity mechanism. It is more of a technical condition that a condition that is
debatable.
Mark Donaldson., representing SouthWest Partners, stated that he would like to start by highlighting
some of the positive aspects of the proposal. They are proposing to build appropriate residential
density of a wide range of residential housing that will be available to rent and also for sale. They are
proposing to provide and complete the 1500 foot length to connect Hurd Lane to the east and west
end of their parcel. Donaldson stated that they are proposing to dedicate 47% of their site area to
the Town of Avon, the 50 foot right-of-way through the entire site, as well as the 3.51 acres open
space river front. The river front dedication will also include, at their expense, the connection of a
walkway along the river and additionally the stairs along the west end of the access from tracts A, B
and what will be known as tract C. He stated that their application includes the completion of the
bus service linkage between Eaglebend and the Town of Avon, through their property to the Town
Core. They are continuing the linkage of the central residential components as well. The density
proposed is very much in keeping with the Town standards. He stated that the quality of the water
that runs through Metcalf Ditch will be protected and maintained in a superior fashion. They are also
proposing to improve the existing Swift Gulch drainage which will be between lots 4 and 5. They
are meeting the goals and objectives of the river front district development. Lastly, they are able to
propose these uses with all the constraints, without any variances. They have a long narrow site.
Donaldson stated that the townhomes shown along the river front are very carefully designed for
privacy, and views. They have taken great care to study the grades, and the impact on the river
front. He stated that the construction fence will assist in controlling any disturbance to the river
front. They will be removing around twenty eight mature cottonwood trees, however, they are
proposing a very aggressive landscape plan for replacement. The replacement of the trees will be as
outlined in the Comprehensive Town Plan regarding the replacement of trees. The interior
townhomes, shown above the riverside townhomes are of similar design as the riverside homes,
except they are smaller, lower priced units. On the north side of the parcel between Hurd Lane and
the railroad tracks is the lesser expensive condominium apartment development. They are designed
primarily to provide a buffer from the railroad noise. He stated that a letter from the railroad had
been received stating that there was no objection to the project as long as their stated requirements
were met. Donaldson stated that on the east end they are proposing a play area. They have very
limited areas where a play area can be located. He stated that they have taken the Commission
comments from the last meeting regarding doing something about the linear look by providing
undulating sidewalks which move in and out of the right-of-way and enhancing them with berming
and extensive landscaping. Donaldson described the four drawings provided to show the proposed
em%
PLANNING AND ZONING COMMISSION MEETING MINUTES
March 1, 1994
Page 5
Lot 3 Nottingham Station Subdivision Planned Unit Development, Public Hearin cont
look of the project. He stated that probably the most important thing that they have been able to do
is to provide offsets in buildings and the undulation of Hurd Lane. Mr. Donaldson made a comment
regarding a speed limit of 30 miles per hour, however, the actual statement is not clear as he was
apparently turned away from the microphone. The traffic circulation pattern on the proposed site is
very clean and efficient. He stated that they are proposing only two cross over intersections within
the development and they meet all Town standards. Mr. Donaldson stated that concluded his
comments.
Chairman John Perkins then opened the public hearing portion of this meeting, asking if there was
anyone in the audience that wished to address this proposal.
Mr. George Pietro, stated he representing Bill Nottingham who is the owner of Nottingham Station,
Lots I and 2, which is basically the land between the proposed Lot 3 development and Avon Road.
He stated that they have reviewed the plans as submitted, and the traffic reports and lie would like to
comment particularly on some phases of the traffic report. They have something that says that 300
cars will not in anyway impact Hurd Lane. With 155 or 160 units there will probably be that many
cars. He stated that the traffic report indicates that there is substantial congestion on Avon Road at
the present time. He stated that he stood there at five o'clock tonight and he can verify that there is
gross confusion at that corner. Yet the traffic report says that another 300 cars a day will not bother
anybody. The two tracts of land owned by Mr. Nottingham are zoned commercial and perhaps
someday will be developed, but the traffic report doesn't in any way take into account any future
development of these two lots. He stated that they are primarily objecting to the density that has
been requested. He stated that it would behoove the Commission and Planning Staff to make some
basic decisions of what kind of development are we going to have within the Town of Avon. Are we
going to take the developer who is trying to get the maximum density he can possibly get? Pure
greed, or are we going to say what is best for our town? They have not addressed, for all purposes,
hardly any of the impacts that 150 or 60 units is going cause. They have one little playground that
will accommodate the first 12 kids that get to it, but outside of that they have made no provisions for
recreational facilities, park facilities, educational facilities, or anything else. You as a Town are
going to have to provide to educate those children, to provide recreational facilities, to do what is
necessary to accommodate the needs of 160 families. Why should we, when the developer is here
with the sole purpose of seeing how many dollars he can scrape out of Avon and leave. He stated
that they feel very strongly that the density is at least or almost twice what it should be. The Staff
comes up with the idea that Eaglebend down the road has a high density, so why not high density
here. He said they should go down to Eaglebend and see if that is the kind of development that they
perceive to be the best for our town. He stated that he feels very strongly that they are abusing the
privilege of development in Avon and it will be a question of what kind of community we will have
and it depends on the type of density they are talking about. He stated that he feels the visual impact
/o
PLANNING AND ZONING COMMISSION MEETING MINUTES
March 1, 1994
Page 6
Lot 3. Nottingham Station Subdivision Planned Unit Development, Public Hearin%L (cont)
of three story buildings along the railroad track. would be very detrimental to the Town. He feels
that the site plan does not in any way take into account the needs of the people that are there. He
stated that when he was here before with an application for a filling station on the corner, the
Commission was concerned with the idea of as many as 100 cars a day at that intersection, and now
they are talking about 150 units with two cars each. What are you trying to accomplish? He asked if
we are here to accommodate the greed of the developer, or are we here to try to focus on a
development plan for a Town of Avon that we all can look back and be proud of He stated that he
feels the development plan is greedy. It is designed solely for the purpose of those who come in and
want to take the dollars and leave. He stated that in Glenwood Springs they have an affordable
housing project that got only 10 units per acre. By providing for a playground, parking areas, and
green belts, etc., they could never get 17 units per acre on this property. They say they are giving
away 47% of the land. What is it? It is the Eagle River that you cannot do a damn thing with and it
is a road that is for their benefit. They are not thinking of what is good for the rest of us. They are
only focus is on what is good for them. He stated that Bill Nottingham was born and raised in this
area and he is sorry that he cannot be here tonight due to illness, but he has asked that he express his
concerns for the overall approach that is being taken for the development of the Town. He asked if
they were doing it with the most people, the most congestion and the most impossible situation
without regard to what is good for the Town, just because it is good for the developers, because it
enhances their pockets, or are we trying to do something that would be best for the Town. He stated
that he would recommend the approval of the plan, but with a density of not to exceed ten units per
acre, with a commitment for parks, recreational facilities as well as a small playground and to address
the problems that are going to be created by 300 people and 300 cars in a 9 acre site. He stated that
he hopes the Commission will take these thoughts into consideration and if any approval is made, do
it with some authority on their part as to how a development would best effect and enhance the
Town of Avon.
Frank Doll stated that he was here to speak for Imogene Doll, his wife, who is the owner of an
adjacent property. He stated that they are not anti -development people. They are anti -density
people. He stated that if they were anti -development or "not in my back yard" people they would
not have lived here for twenty five years. He stated that he has watched the development of the
Eagle River corridor since 1973 when it started in Eagle -Vail and then proceeded on down the river
to Avon. The Eagle -Vail Shopping Center, the Eagle Vail Golf Course, McGrady Acres, which has
been approved by the County, Eaglebend, our place and Mauri Nottingham's place. In that entire
thing they have only cut down one tree and that was over where we did 270 units of affordable
housing. In this proposal Mark says they are going to cut down twenty trees, but he has already
counted where they will cut down more than forty. Some of these trees, such as on the west end of
the development and some on the east end are more than 80 years old. He stated that he doesn't care
how many trees you bring in a five gallon bucket, or how ever they are brought in, you don't
PLANNING AND ZONING COMMISSION MEETING MINUTES
March 1, 1994
Page 7
Lot 3 Nottini ham Station Subdivision Planned Unit Development Public Hearing. (cont)
replace 80 year old trees. They do object to the cutting of the trees on the west end of the project
and on the east end. Mr. Doll stated that he does not know who figured out to pul. a townhouse out
on the river at the far eastern end. That bank is so steep that you cannot climb it. He stated that he
has fished that area for forty years, so don't tell him he doesn't know what he is talking about. If you
take the 30 foot setback from the river and the wetlands down there and up to the Metcalf Ditch it is
a 50% grade. To put a unit in there it will be so expensive that he doesn't know how they ever get
their money out of it. There is about 300 feet there that is that steep. They will have to cut down
some 20 large cottonwood trees (he demonstrated how big around) to get anything in there at all.
He stated that the man who spoke before him said all that needed to be said about traffic, etc. He
stated that Mark said something that left him pretty cold when he said there would be a 30 mile an
hour speed limit through there. The speed limit up in the Eaglebend affordable housing and all the
way up through Eaglebend to the Town limits is 25 miles per hour. He stated that he has been in a
habit of walking up there almost every day and it is nothing to see cars coming down there at 40 to
50 miles per hour and nobody doing anything about it. The appli-ant is proposing a ten foot setback
and let cars go through there at 30, which means they will go 40 or 50 and he doesn't see anything to
keep the kids out of the streets. When you have this kind of density in a project it creates a domino
effect. The first one is cutting down the trees, the second one is all the traffic that Mr. Pietre talked
about, and the third one is parking. In Eaglebend in the affordable housing, they made spaces
supposedly for all the cars that needed to park there for 270 units. All the places where you can park
and where there are no parking signs, anybody can see them, there are cars parked. The same thing
will happen here. Another thing is snow stor"ge. It will keep on snowing forever and ever and there
will have to be some place to put it. You are only ten feet from the street and there is only ten feet
between buildings and you have all these cars there so where are you going to put the snow. Mr.
Doll stated that they are not against the development of this property and never have been. He
stated that he has had thousands of conversations about the development of this property with Mauri
Nottingham, one of the owners. and he would like to see the property developed the way it should
be. He would like to see a nice development there. It is the last good open piece of open ground
next to the river in this whole valley and it deserves the very best that it can get.
Chris Ekrem stated that she lives to the east of this project. She stated that she felt the previous
comments were very appropriate. She feels that they should make use of the site as it is, saving the
natural landscaping of this area She stated that the report about circulation and access to Hurd Lane
and that is going to go to the east end. She asked what happens to it then. There has been, for a
number of years a problem of a no man's land between Hurd Lane and the cul-de-sac on Eaglebend
Drive because of a problem that the Eaglebend Partnership had many years ago and when the
Eaglebend Partnership joined with the Town of Avon to develop the affordable housing she also
asked this question. What happens there? They said it is going to be for emergency vehicle access
and that is all because of this no man's land situation. She asked if now would it be cut through and
PLANNING AND ZONING COMMISSION MEETING MINUTES
March I, 1994
Page 8
Lot 3, Nottingham Station Subdivision Planned Unit Development, Public Hearn g, cont
finished all the way to the cul-de-sac.' If so, then will the people in this development also have an
option to go out and go through the Eaglebend housing project area of Eaglebend Drive and then
out to Hiway 6 via Stonebridge or all the way to McGrady Acres. She also asked what happens if
there is a new interchange off of 1-70 coming into Hiway 6. She would like to have these questions
answered. She also questioned the 10 foot setbacks along Hurd Lane. She stated that if a fifty foot
right-of-way is dedicated that would mean there would probably be 30 foot of pavement and 10 foot
on either side and then the minimum 10 foot setback. A regular setback required for anything that
the rest of us do in that neighborhood is twenty five feet. She thinks that this ten feet is nothing.
She stated that she would also question the height limitation of 48 feet. She asked where that comes
from. All the rest of us had to stay within the 35 foot limit She stated that they also speak of a bike
path which is dedicated. A bike path along the river is not proposed It is proposed along Hurd
Lane, which is not compatible with the 300 cars along Hurd Lane in a 30 foot paved area.
John Railton stated that he spoke up when the Eagiebend affordable housing was proposed regarding
the lack of playgrounds, etc and the density,. and when he looks at this project he has the same kind
of thoughts. He stated that he would need to review the project more before he could make a
statement about the density of this project. It seems that it is appropriate to have an increased
density as you go toward the town center. As it gets close to the town center it might encourage
people to walk into town rather than use cats. He thinks it is time to start considering densities as
they get towards town centers that have more to do with what he calls the European approach and
that is that you have to make sure that a public transportation system will be provided to reduce the
amount of car usage It has to be a viable transportation system. He stated that he does think the
project has too much density. He also commented on the parking situation, however due to a crying
baby, his comments were not clear.
With no further comment from the public, Chairman Perkins officially closed the public hearing.
The Chairman asked the applicant if he would like to respond to the comments made during the
public hearing.
Mark Donaldson stated that he did not mean to offend Mr. Doll with the 30 mile per hour speed
limit. He stated that he couidn't agree snore that the speed limit should be lower. They have debated
this with the Town Engineer and have reviewed all the standards required by the highway department
standards that are adopted by the Town of Avon and this street by designation according to the
comprehensive plan and transportation plan, requires a 30 mile per hour speed limit. They would be
most happy to have it reduced to twenty or twenty-five miles per hour Donaldson stated, in
response to Ms Ekrem's comment about 30 feet of asphalt, the Towri s standard for such a city street
are 24 feet of asphalt and includes curb and gutter. There on either side of the roadway on the
backside of the curb a greenbelt and the required sidewalk which is being designed to be bicycle
PLANNING AND ZONING COMMISSION MEETING MINUTES
March 1, 1994
Page 9
Lot 3. Nottingham Station. Subdivision Planned Unit Development, Public Hearing- (cont)
width according to Town standards. Regarding the 48 foot building height which was questioned,
this is in accordance with the definition of building height in the Title 17 Zoning. They are not trying
to change the definition, they are simply trying to comply. In an are that is such an important link on
the fringes of the Town Core and emerging urban area such as this river front area we could be
seeking heights as much as 50 to 60 feet high, but they want to limit themselves to 48 feet. They do
feel that the bike path is being proposed in an appropriate location. It is natural in this country for
bicycles and vehicles be aligned in this type of use. They see no reason, because of the grade to try
to get them down to the river for a short distance. In addition to allowing the interconnect between
the developed areas, they are proposing to design the bus shelter to Town standards. He stated that
there has been tens of thousands of dollars spent by the Town of Avon and thousands and thousands
of public citizen input on worksessions and public hearings to develop the comprehensive plan,
transportation plan and design guidelines. He stated that if this proposal is inappropriate in the eyes
of the Town of Avon, then they have been grossly misled by the Town documents that have been
prepared and enforced in the last few years and they would be forced to withdraw this application.
He stated that Mr. Railton spoke regarding the perceived percentage of open space which was
reviewed during the last meeting. They are on the dramatically conservative side of their impacts.
They have very high percentages of open space. They have 35 to 40% of the parking is covered. All
of the townhomes have garages. Some are single car garages, but most are two car garages. He
stated that they are very much aware of the difficulty of development on the east end of the parcel.
They have had extensive survey work done on it. He stated that what might not be perceived is that
the units are being terraced along the river front. They will be conforming to the topography. The
are here tonight to develop quality residential units along the Eagle River. There will be no parking
on Hurd Lane. There are no individual driveway cuts on Hurd Lane. It is a very organized, very
clean and efficient road plan being proposed. He stated that he would now turn the meeting back to
the Commission.
Chairman Perkins asked Sue Railton for her comments.
Ms. Railton asked about the 30 foot setback on the riverside and if it takes them right into the river.
Mark Donaldson stated that the property line is in the middle of the Eagle River. Then there is a
flood plain, and then there is the mean annual high water line. That is where the 30 foot setback
comes from.
Railton asked how much they will be c++ting into the bank of the Eagle River. Donaldson stated that
sometimes 10 to 1A feet. Railton stated that she would not be in favor of cutting into that natural
bank of the E'agle River. The houses through Eaglebend were not allowed to do that. They had to
keep the vegetation on the river the same as it was. She thinks the density of those townhomes along
s
PLANNING AND ZONING COMMISSION MEETING MINUTES
March 1, 1994
Page 10
�7
�,- Lot 3, Nottingham Station Subdivision, Planned Unit Development, Public Hearing- (cont
the Eagle River is far too great. She does not mind if you get more density back by the railway line,
but not down by the Eagle River. Also, if Hurd Lane is going to be a dedicated roadway in Avon,
why shouldn't it conform with the twenty-five foot setback that everyone else has to conform with.
She would like to see the density on the river portion cut down to 10 per acre. She is not in favor of
cutting down those trees. This is one of the last parcels along the rive, that is going to be available
for development and those beautiful old trees do not need to be cut down. As far as the connection
between the east end of Hurd Lane and whatever happens to Eaglebend, they have to keep it open
for emergency access, and she thinks that should be thz case, but not to open it up as a street going
right through. It would become a racetrack from there right up to the old Nottingham Sand and
Gravel Bridge. That would throw more traffic down our end of Eaglebend Drive. She thinks a
walkway should be put through there, so the people from the Eaglebend Apartments could cut
through this way, because if your putting up a fence there, there are hundreds of people that walk
down that railway line and they will have to use some other access. She thinks this project should
have picnic areas, more than one playground with that density and she thinks that if they are holding
the development to the top of the bank of the Eagle River it gives realistic open space then for public
access. This plan does not give realistic access. The access is mostly the river itself. Donaldson
asked for clarification. Railton stated that they say they are dedicating 3 point something acres of
land to the Town for the public access and she thinks that when it is analyzed properly that most of
that access is really water, not land that can be used She stated that they have walked that length of
the river several times and those banks are very steep.
Donaldson asked permission to reply to these comments. He stated that regarding the density, at the
previous meeting the Commission members that were present agreed that 190 units would be
reasonable for this type of development. He stated that they have studied it at great length and
gotten more detail and by their own standards have reduced it to 160 units. Donaldson stated that,
as far as the riverside development, there are areas that the topography is exceeding with regard to
the high water mark and the flood plain area. It is not readily perceived without studying the
engineered plan as far as the elevations as they occur along the bank. They are proposing to nestle
the townhomes into this riverside to have the walkout. If they pull back they would probably lose
about 40 to 50% of the density. Part of the enhancement of this particular side of the development is
to be able to have tF-t relationship to the river. Regarding the setbacks on Hurd Lane, one of the
ideas of a PUD is that t1l"ese kinds of standards are negotiated with appropriate development They
feel that they have worked with the Town Staff to analyze the needs of public works and the other
Town operations that would be operating in and around and through this street to be able to afford
them the necessary maintenance status. When you consider the amount of dedication and the
setbacks they have they are providing a considerable amount of open space and other benefits that
would not otherwise be enjoyed in a straight residential zone district. He stated that the trees are an
issue that they are very sensitive to as well. There are a lot of trees they are leaving unharmed.
PLANNUgG AND ZONING COMMISSION MEETING MINUTES
March 1, 1994
Page 11
Lot 3. Nottingham Station Subdivision, Planned Unit Development, Public Hearing. (cont)
They have designed the townhomes where the foundation walls are set back six to eight feet from the
actual setback. There will be no grade changes, no disturbance to vegetation, wetlands or
environmental conditions that exists. They agree with not making Hurd Lane a through street. Right
now the proposal allows the access of emergency vehicles and mass transportation vehicles.
Railton asked if by mass transportation do they mean the bus would go along there. Donaldson
stated that it would. Railton asked how they would keep cars out. Donaldson stated that there
would be a control gate Railton asked if he meant like the Town of Vail, where they break them
down everyday' She does not think that is reasonable. Donaldson stated he does not know how
else to do it. Railton stated that she thinks Hurd Lane should be open only to emergency vehicles.
Rhoda Schneiderman stated that she originally looked at the project as appropriate with some
adjustments to fit the site better. She stated that she walked the site on Sunday and she is starting to
lean toward a lower density side. She stated that she apologizes if that causes any problems, but to
be honest, now that they have had more time to look at it and the full plan has been presented, she
for one feels that she would be irresponsible in just going ahead and giving blanket approval when
she has reservations. She thinks the 10 foot setbacks off of Hurd Lane are grossly inadequate. By
the time you get snow storage and landscaping in there, there will not be room for one or the other.
Which buildings are going to be the forty eight foot height° Donaldson stated the riverside.
Schneiderman stated that it seems to her it should be just the opposite. The taller buildings should be
along the railroad tracks and they should get progressively shorter as you get toward the rive, to
allow for some view corridor and not a total blocking out. She realizes that the other units are lower
priced, but she does not think they would be sacrificing any quality by making the river front units
lower. She stated that the three story unit is easily achievable at a thirty five foot height. It is done
all the time in different areas of Wildridge, where you have a walkout level and two full levels above
it. She stated she remembers when the gas station came through and they were extremely concerned
about traffic She stated that she doesn't know how the Town Engineer feels that this is not going to
be a problem at all without any kind of traffic tight scheduled there immediately. Steve Amsbaugh
stated that the Town Engineer did review the traffic study, had some questions of his own, discussed
that with the traffic engineers that prepared it and was satisfied that the situation could be solved.
The intersection itself is designed right now as a three lane intersection coming out. of Hurd Lane
with a left turn lane, a right turn lane and a through lane. There has been talk about an intersection
light there when the proper warrants are reached, especially if the property on the west is developed.
It is close to the Town Core. It is designated as a collector street, not a local residential street. A
collector street handles certain volumes, it has been designed at this point for that volume and the
continuation of Hurd Lane, according to the Transportation Plan would allow that through street to
serve as such.
PLANNING AND ZONING COMMISSION MEETING MINUTES
March 1, 1994
Page 12
Lot 3. Nottingham Station Subdivision, Planned Unit Development, Public Hearing- (cont
Schneiderman stated that with the buses going down Hurd Lane, and the fumes they create, and
windows being open, at ten feet away, she thinks that would be an intolerable situation. She thinks
that more open space with playgrounds, etc., is needed. There are so many projects around that are
built on the river that have dealt with traffic as well as open space and playgrounds and better
distances from the river, very effectively. The Reserve might be a lesson to be learned. They have
decent space between buildings and there are certain areas where they have long distances to the
river and it makes for a very attractive workable space. She stated that she would rather see them
add another story to the condominiums, throw in some elevators and lose some density along the
river.
Henry Vest stated that this is a tough site and can't be compared because it is so thin, compared to
some of the others mentioned. Henry Vest feels that Hurd Lane ought to be opened up for through
traffic. Vest stated that when they came in for conceptual that there seemed to be certain spots
where there was more than a ten foot building to building setback so that the two buildings in
between could kind of look through. Donaldson stated that there was a little bit more splaying of the
units, but with the refinement of the river setback it took a more organized shape along there. Vest
stated that he thinks Donaldson has done a really good job trying to put a nice project on. Vest
asked what the height of the building on the riverside tommhomes on the Boulder Lane side.
Donaldson stated it is a two story building. Vest then it ;,s probably not really that high on that side.
Vest stated that along the 30 foot setback if you have a pedestrian walkway and a bicycle path that,
makes it pretty small. That is the one, that, since were trying to, this whole thing is trying to protect
the Eagle River, that is the one that seems to be the toughest one to work with for him., that and also
of course the building separations of ten feet, which you have balcony projections of no more than
two feet into each setback so you have a possibility of having six feet in between comer to comer on
a balcony between each unit. Those would be his concerns. He does think that snow storage needs
to be talked about.
Jack Hunn stated that he is glad to see that the density has been reduced from the 190 units proposed
at conceptual review. He stated that density, in terms of units per acre, could be appropriate or
inappropriate, depending on the type of unit, the style of development, how tall the buildings are,
whether they are a vertical development or in your case a townhome development with very little
vertical development in the proposal. He doesn't feel uncomfortable with the density taken as
density, but some of the impacts of that density, for example, traffic. He stated that he has also
visited the site, and observed that intersection. He stated that he had some concerns when the gat
station was proposed, based on the traffic that commercial activity would generate. There will be
two commercial operations on that comer, plus the traffic generated by this development. He is
concerned about how that traffic will be managed at that intersection. The way he calculates it, five
cars can que for a left turn before the queing lane is full and the queuing would then be out in one of
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PLANNING AND ZONING COMMISSION MEETING MINUTES
March 1, 1994
Page 13
Lot 3. Noyingham Station Subdivison. Planned Unit Development, Public Hearin (cont�
the traffic lanes and that would be making a left turn into Hurd Lane. He stated that he tried to
anticipate how difficult it would be for someone trying to exit the project to turn left and return to
Hiway 6 to travel east or west. He thinks there will be a lot of frustration on the part of the
customers of the commercial ventures, as well as the residents trying to turn left without the
assistance of a traffic light. It is very close to the intersection of Avon Road and Hiway 6 and to
imagine two traffic lights in that distance is a little awkward. He stated that he also tried to imagine
some of the impacts of promoting through traffic through Eaglebend. Politically, and with property
ownership issues, he does not know if it would even be possible. If it were possible, he is not sure
that he would be comfortable with it. He stated that traffic is a significant concern for him. The
traffic impacts could be mitigated by a reduction in density. With regard to this proposal, the
Comprehensive Plan, the land use plan, page 4.7 speaks to the issue of the river corridor. High
priority should be placed on incorporation of public pedestrian spaces that allow river access. Hunn
stated that it also talks about these land; having the potential to be developed for a combination of
land uses, as long as the uses and physical design of the site are sensitive to the natural riparian
environment. Then in the sub area 7, river residential district it speaks again about a goal being the
preservation of the riparian environment along the Eagle River, and specifically that where possible,
buildings and parking areas should be located to preserve and promote the health of existing quality
trees. In touring the site he was impressed with the existing trees and in particular two stands of
trees, one on the east and one on the west side that could be an asset to your development if they
could find a way to retain some of those trees. The are not only valuable to your site for internal
development, but when you view your development site from any other vantage point, particularly
Hiway 6, as people look across at Eaglebend, the preservation of those trees really contributes to the
success of the project of that density and that scale. He feels it would be detrimental to the Town
and to the project to lose all of those trees. He is also concerned with the proposal to put a
pedestrian pathway along the river, because what that means is the removal of more trees and would
require grading. He is also concerned with the setbacks. He realizes that a PUD is a negotiation and
it allows us to impose different standards on a development that might be inconsistent with the
standards that exist on projects that just rely on zoning ordinances. The proximity of one building to
another being ten feet apart with overhangs and balconies into the ten foot spw.e is very tight. The
proximity of the buildings to Hurd Lane roadway is also significantly tighter than most other
standards that the Commission deals with. He thinks some good points have been made about the
safety of people on those sidewalks that close to the road, particularly in the winter when that area
will be a valuable snow storage Hunn stated that he tends to agree with :he comment made about
the dedication of 47% of the land, because part of it is necessary for circulation, and part of it is
undevelopable. Twenty percent of landscaping of the net developable area is probably an adequate
number, but as a percent of the gross land area it is a much smaller number. It is really 10% of the
gross area. There is a comment in the Town regulations that suggests that fifteen percent of the
parking area should be dedicated as snow storage. He asked Donaldson if that had been
PLANNING AND ZONING COM IISSION MEETING MINUTES
March 1, 1994
Page 14
Lot 3. Nottingham Station Subdivision, Planned Unit Development, Public Hearing— (cont)
considered or calculated in any way. Donaldson's reply is not clear as he was not at a microphone
and he spoke very softly. Hunn asked how many square feet of parking lot area is there for the
project, approximately. Donaldson stated he did not have that figure. Hunn stated that if you take
that aree times 15% and dedicate that to snow storage, you really shouldn't plant any significart
landscaping in that area. Donaldson made a comment about the Hurd Lane setback, and about
providing it in strict accordance to the Town Engineers something about curbs, but most of his
comments are not clear. Some of what he was saying was about green space between curb and
sidewalks and concerned snow storage, but these comments are not clear either. Hunn stated that
one of the things that he considers when he looks a t a PUD is the degree to which it varies from the
standards they are used to. If 25 foot is a standard front setback, 10 foot is significantly different.
and if 10 foot side setbacks, creating 20 foot spaces between buildings is the standard minimum, 10
foot is significantly different. The degree to which you are getting relief from those normal standards
is significant in this proposal. Hunn stated, to sum up, he is concerned about traffic, the loss of trees
and he feels that a comprehensive site visit, possible with some of the footprints staked and limits of
development staked, would be appropriate.
Buz Reynolds stated that he for one feels that a 48 foot wall of buildings going across the Eagle
River is not attractive. It is too much right on the water. The density is too much. With the other
two uses yet to be developed, there will be too much impact on that road. If Hurd Lane does not go
through and this thing has to stand on its own, which it possibly could, he feels like it will really
restrict the density that is going to be usable on this site. As far as snow storage goes, you have
addressed that. It will be a tough place to move snow and you will just have to deal with it. He
stated that he does feel that, as far as green space, he feels that there is too much impervious
materials. It just do esn't seem to work for him. He feels that they need less density on this thing.
He stated that if the buildings could be brought back off the river, and the forty eight foot buildings
and the mass of the buildings all the way down that river frontage is lessened, he would like the
project.
John Perkins stated that in the previous meeting he was concerned with the linear nature of the
development along Hurd Lane, and at that time they had some buildings that were off of this access
and with this plan, with the exception of the lower right hand building, it looks to him like virtually
every building is on a north south access and he thinks that hurts the overall perception of the
project. That was his major concern with the Eaglebend project was that they had checkerboard
square of building there and no deviation or variation in the layouts of the buildings which he thinks
would add an interest to the overall plan. He stated that he agrees with the majority of the comments
made by the other members, but he also thinks that since this site is located close to the Town core it
has to cant' a certain amount of density. Perkins asked what the density was in the two buildings in
the center of the plan and the one in the right hand comer. Donaldson stated that it was 21 units.
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PLANNING AND ZONING COMMISSION MEETING MINUTES
March 1, 1994
Page 15
Lot 3. Nottingham Station Subdivision_ Planned Unit Development Public Hearin (cont)
Perkins stated that an alternative might be to take that density and disperse it vertically over the
remainder of the buildings which would free you to drop Hurd Lane, probably increase some
setbacks and pull the development along the river off the river somewhat and maybe variegate the
elevations of the buildings along the river so you would not look at a wall forty eight high. Perkins
asked what the size of those 21 units were. Donaldson stated that they were around 1700 sq. ft.
Perkins asked about the condo units. Donaldson stated that they were 1, 2 and 3's in three floors.
Perkins stated that he thinks that they need to look at an alternative to get a density that still works
for the applicant and try to address some of the comments that the Commission has made. He stated
that he thinks losing an eighty year old cottonwood tree is a major concern for him. He thinks that
the irrigation systems and the final landscape plans for th;s need to make sure that those cottonwood
trees are going to continue to get the water that they need. Perkins stated that they have never seen
a topo that shows the existing trees. He also thinks that the development on the fifty percent slope at
the east end needs to be avoided.
Perkins asked staff about the Staff condition number 2, "the Hurd Lane connection be completed by
the applicant, prior to construction of Phase I". Perkins asked what level of completion are we
requiring. Steve Amsbaugh stated that it was the consensus of the Staff review that a full public
connection be made. That is consistent with the Town Comprehensive Plan. Perkins asked the
applicant if that was the level of completion that they will comply with. Donaldson stated it was.
Sue Railton stated that there is not a connection between the end of Hurd Lane and Eaglebend at :he
present time. There is a piece of land there that is not available. Perkins stated that it is on their
shoulders to address that. Railton stated that she did not think it met the connection between there
to Eaglebend. Steve Amsbaugh stated that they were asking for a full connection and that includes
the fifteen foot strip of private property that now exists. They need to work with those landowners
to negotiate and consummate a full connection. Perkins stated that he feels it is very important for
the capability for these people to go east. Railton stated that already there is a problem getting on to
Highway 6 from Stonebridge Drive. Railton stated that unless that is resolved now, they don't want
that connection. It will become a highway down Eaglebend Drive.
Jack Hunn asked who's obligation is it to solve a traffic problem that may be generated by this or any
other development. Is it the Town or is that a burden that the Town chooses to place upon the
developers? Steve Amsbaugh stated that the identification of the potential for a traffic :.::ted issue
was raised with the applicant and the request was made that they provide us with adequate
information so that the Town Staff, public works, engineer, specifically, could be comfortable that
the traffic generated by this proposal could be handled within the sphere of the Transportation Plan.
In other words, it is an urban street, it gets to have urban problems in the long run. Are those urban
problems acceptable is the issue your grappling with tonight. Town Staff has determined that by
making the full connection, for example, you'll continue to split the transportation and distribute
PLANNING AND ZONING COMMISSION MEETING MINUTES
March 1, 1994
Page 16
Lot 3. Nottingham Station Subdivision Planned Unit Development Public Hearing— (cont)
that the Hurd Lane Avon interchange as well as to Stonebridge Drive and that split will generally
balance out in a fashion. that you see currently. The balancing effect would occur by the opening up
of that connection.
Rhoda Schneiderman asked how long the project was from east to west. Donaldson stated that it
was about 1500 feet. Schneiderman asked why does the bus have to go all the way through this
thing, why can't there be some kind of turn around at the far west end and have that be the bus stop.
Donaldson stated that they had proposed that, but the Town staff, with their guidelines, couldn't
accept it. Donaldson made some comments regarding the transportation plan and the bus system,
but once again, his comments are very muffled.
Buz Reynolds stated that in the site sections he is looking at, it shows that they plan on creating new
grades that end up going into the thirty foot mean annual flood plain. Donaldson stated that those
plans have been revised. There is no grading whatsoever inside that area.
Railton asked if at times the 30 foot setback would be halfway up the bank. Donaldson stated that
this was true. Railton asked why then in Eaglebend they made it always come to the top of the bank
no matter what it was Jeff Spanel stated that for the most part in Eaglebend the river bank is
steeper. He stated that a great deal of this property has a more gentle slope. He stated that the east
and west end of this property is as steep as Eaglebend.
Perkins asked if that was a 509/6 slope on the east end. Spanel's response is not clear. Perkins asked
if there was a topo that locates all existing trees? Spanel stated that the topo is from an aerial survey
that was done so the do have the location of all the trees. Perkins stated that he would like to see
some documentation of the trees that would be maintained and the trees that would be proposed to
be cut. Railton stated that a lot of the trees along their part of the river were rotting out and they
were thinning them to preserve the good ones, but it would be a shame to cut down good ones and
leave the crappy ones. Bill Sargis stated that approximately 28 trees, not forty would be cut and they
only occur on the east end, not the west end and approximately 65 to 70 trees will be left on the east
end.
Mr. Sargis stated that the last time they were here they proposed 190 units and at that time the
consensus was that density worked with the site. They now have a density of approximately 160
units, in actuality there is 155 units shown on the site plan. Regarding setbacks and snow storage,
again, the engineering staff of the Town has told us that what they have is well within their criteria.
He stated that they took all the Commission comments from the conceptual review and they have
addressed every one of them. Approximately two thirds of the land of the entire developable site
PLANNING AND ZONING COMMISSION MEETING MINUTES
March 1, 1994
Page 17
Lot 3. Nottingham Station Subdivision, Planned Unit Development, Public Hearing. (cont)
is allocated to the townhouses, and they are talking about eight and a half units per acre and the
balance of the condominiums which is 81, when blended together, does come out to less than 17
units per acre. The last time they were here they were proposing 20 units per acre. He stated that
they were told that a park was important and they put a park in. Yet he thinks that the most
important aspect of the site for amenities is the dedication of 3.5 acres of river front. Adhering to the
33 to 35% green space is very important too. Also there is an awful lot of contour change from east
to west as well as north to south, so what you don't see here is a lot of character as well as a lot of
height variations as it appears along the river. Sargis stated, as the developers, they are totally
against Hurd Lane being a right-of-way. He thinks the master plan, the traffic plan was developed
prior to any knowledge of what would occur in this general area. Given what is taking place in the
Beaver Creek area, etc., Avon Road will only get worse, and it won't get worse specifically because
of this project, but from what is occurring in Beaver Creek and both sides of Hiway 6, etc., and the
natural growth in the Avon area, which will continue to occur. Sargis stated that, as far as
elevations, once you get ten feet off the bank there is no visual of the river. Therefore, anything that
occurs as far as building in the center of the site, whether there are structures in front or not, doesn't
afford the opportunity to see the river. The townhomes appear where they do is that they have to
adhere to the high water mark and 30 foot setback. The buildings are literally six to eight feet
beyond that mark as well. Sargis further described how the townhouses would be situated, but his
comments are not clear.
Perkins asked where the elevation of Hiway 6 match the elevation of this site. He stated that what he
is trying to establish is what this development would look like from Hiway 6 with these units at forty
eight feet. Discussion followed on ,this. Perkins stated that a small scale site elevation of this looking
from Hiway 6 across would be helpful. Railton stated that she is worried about cutting into that river
bank. Perkins asked how much difference is there in floor elevation or starting elevation from east to
west. Donaldson stated probably 30 feet of total undulation from the hi -&hest to the lowest. It
varies. The buildings are meeting the grade. Perkins stated that is help5tl. Further discussion
followed on the variations in the heights of the townhouses. Railton asked how close the next
building is from the east end of this property. Donaldson stated it was 130 feet. Donaldson stated
that Jeff Spanel has told them that Highway 6, is about the same elevation as the lower one third part
of their property.
The applicant asked for a few minutes to consider the Commission comments and what action they
should take.
Mark Donaldson stated that there seems to be a consensus that they are asking for too much density,
but they believe otherwise and they would like to continue their negotiations. The idea of this being
art emerging urban area in the Town of Avon is very clear in all of your documents. He stated
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PLANNING AND ZONING COMMISSION MEETING MINUTES
March I, 1994
Page 18
Lot 3, Nottingham Station Subdivision, Planned Unit Development., Public Hearin& (cont)
that his client has spent $180,000.00 for him to come here and tell you about this proposal. They
believe that they have relied upon the public documents that this Town has on record and every
meeting that they have attended with Staff that runs this town and manages the assets of this town.
They are trying to do what they can in a responsible fashion as far as contributing to the Town and
bringing this site on line for development. If this site is not developed, they will not be able to
achieve some of the linkages that are necessary for completion of the Town core areas as far as how
they relate to the residential areas. In the last twelve years they have seen bed base lost in the Town
Center. It has been lost to a post office, and to minor subdivisions. There has been two master plan
changes in the last twelve years. They are here representing responsible applicants tonight, trying to
develop a wide range of mix in residential units and they are absolutely confused. They have relied
upon all the input of the last eight weeks and the client has attended meetings regularly. They have
attended meetings with ten minutes notice. They have met with the fire department, public works,
Staff, Planning and they have had input from neighboring property owners and the seller himself.
They would like to request tabling tonight and they would like to request the Commission to meet
with them again in this room within a week and have a worksession to get on every one of these
issues so that they can get some direction. There is no direction on the Commission. You have
conflicts about the documents you have adopted. They would like to find some consistency and
bring this site to development.
Bill Sargis stated that he is very confused. They came before this Commission several weeks ago
and they thought they had a directive. They had a lot of good input. They took every single
comment that the Commission made and not only incorporated it into the new submittal for the
PUD, but after the submittal they worked very very diligently with the Staff and then went another
ten miles to make things better, and so he is left a little confused. What concerns him more is the
lack of total direction. He asked how they should perceive, and give him some sort of level of
comfort to understand. He doesn't know where to go. There is no consistency on the Commission.
The future of this site is totally in your hands. This project is viable and the stumbling block is the
Committee that can't agree on anything.
Chairman Perkins stated that he feels for his concerns and he understands his concerns. He thinks
that he hit the nail on the head when he said the future of this site is in this Committee's !rands. That
is a tremendous responsibility that they carry and as he has heard the statements tonight there is a
pretty good level of consistency tonight even though it is not totally congruent with what you heard
the first time you were here. He stated that they will continue to work with you on this.
Sue Rsilton asked that some stakeouts of the southernmost points of the townhouse units on the
riverside, so that they can, before the next meeting, walk the site and see what trees you identify that
you will cut down.
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PLANNING AND ZONING COMMISSION MEETING MINUTES
March 1, 1994
Page 19
Lot 3. Nottingham Station Subdivision, Planned Unit Development Public Hearing. cont
Sue Railton moved to table this item, Rhoda Schneiderman secrn.ided and the motion carried
unanimously.
Mountain Star. Subdivision. Filing 2, Planned Unit Development Amendment. Public Hearing
Steve Amsbaugh stated that this is a public hearing before you tonight to consider the rezoning of
619.75 acres of land currently zoned Open Space, Landscaping and Drainage (OLD) to Planned Unit
Development, (PUD) and amend the Mountain Star PUD to include this property. Amsbaugh
pointed out on the vicinity map provided the 619.75 acres.
He stated that the existing PUD was approved in January 1993 and that includes 88 single family lots
with caretaker units. The acreage for the existing PUD is 683.94 acres. In October of 1993 the
Forest Service issued a decision notice that would result in the conveyance of 626 acres of National
Forest land to Mountain Star Limited Liability Company. This land exchange invrlved considerable
environmental review and a Wildlife Mitigation Agreement and a Conservation Agreement to protect
sensitive plant and animal species. As a result of that land exchange, Mountain Star Limited
Liability Company has submitted an application requesting an amendment to their existing Mountain
Star PUD. The amendment would include the addition of the 619 acres with the following specific
uses:
1. Six additional residential lots (Lots 89, 90, 91, 92, 93 and 94).
2. A new location of ranch central shown as Tract X.
3. 567 acres designated as open space designated on the map as Tract V and W.
The remaining 7 acres., in excess of the 619 acres, Tract Y, would be dedicated to the town of Avon.
Access to the site would be via Mountain Star Road, formerly called Buck Creek Road and also from
Wildwood Road. No new access points would be provided for these six lots in this development
proposal. Utilities would be provided the same as for the previous Mountain star development. The
applicant needs to petition the Avon Metropolitan Water District for annexation within the district.
Amsbaugh then reviewed the flip chart for this PUD, stating that there is the rezoning, the
acceptance of the PUD development plan, which is the plan map, and the acceptance of the
guidelines and standards. In terms of those guidelines and standards, they basically, in summary are
consistent with the original Mountain Star PUD that was approved previously. Again, each lot
would contain no more than one single family residence with a caretaker unit limited to 1800
PLANNING AND ZONING COMMISSION MEETING MINUTES
March I, 1994
Page 21
Mountain Star Subdivisign- ilinu 2, Planned Unit Development Amendment, Public Hearin cont
2. The PUD Plan and PUD Guidelines and Standards described above (including
allowed uses, site access and development standards) be incorporated into and
binding upon the PUD zone district designation for this parcel of land.
3. The property be annexed into the Avon Metropolitan Water District.
4. Access to the proposed equestrian area must be shown on the PUD Plan
5. Public trails and related parking areas must be shown on the PUD Plan.
Rick Pylman stated that they are in total agreement with the Staff recommendations. Mr. Pylman
provided a brief history of the Mountain Star project and how the addition of the additional 619.75
acres came about.
Discussion followed on the rear setbacks of five feet on a couple lots Rick Pylman stated that in
incorporating the six lots into the PUD, instead of writing a separate guidelines just for these six lots,
they rewrote the entire set of guidelines to include these six lots. The lots that have a five foot
setback were in the original subdivision. There was only one change made to the original subdivision
and that is by bringing the ranch central site from one site to another, they took that couple acres and
made it into an open space tract. He stated that there are two lots that are impacted by an existing
1 15KV power line that runs across there. They are working with Holy Cross to either relocate or
bury those power lines. If they are not able to move the power line they will not go forward and
develop those lots.
Discussion followed on the dedication of Tract Y to the Town of Avon. Pylman stated that this tract
is not part of the PUD. Steve Amsbaugh stated that this tract will remain OLD.
Jack Hunn asked how visible the equestrian center would be from adjacent developments and the I-
70 corridor. Pylman stated that he does not believe it will be visible at all from the 1-70 corridor. It
may be visible fiom the Gosshawk Townhomes and the Townhomes the "Town of Avon built. I lunn
Mated that he would assume that if it is part of the development it would be an attractive and
appropriate building, rather than a big metal building.
Jack I-lunn asked why only six lots The applicant stated they wanted to make sure that they were
near the existing property and when they took all the environmental issues and considerations it
seemed to be the thing to do. Once you get below those six lots you get into much more exposed
lots, less trees, etc. Also the Department of Wildlife was concerned about that being a major
migration route for deer and elk.
^N
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PLANNING AND ZONING COMMISSION MEETING MINUTES
March 1, 1994
Page 20
Mountain Star Subdivision Filing 2 Planned Unit Development Amendment. Public Hearins(contl
square feet in size. Tracts V and W would be open space Tract X would be ranch central. One
specific use they are asking for is that Tract W would contain a summer use only equestrian center
for the residents of Mountain Star Subdivision.
Amsbaugh stated that the lots range in size from 2.99 acres proposed for these six new lots to 11.2.9
acres. Total open space dedication in this development would be 567 acres and Mountain Star Drive
itself takes up about 16 and a half acres of this development proposal He stated that he believes that
all of the development standards in terms of building height, building setbacks, maximum site
coverage, minimum landscape area, maximum density, parking, signs and road standards are
consistent with the original Mountain Star PUD Regarding Staff comments, during their analysis
the have discovered two things that they have asked the applicant to provide in the further
continuation of this PUD application First is the access to the summer use only equestrian center on
Tract W actually be shown on the PUD map Rick Pylman stated that they are engineering that
access at this time It will roughly follow the existing jeep road. Also, Staff would like to have an_v
pedestrian trails shown on the PUD plan and also the trail head and related parking that was
approved in the original PUD be shown along Mountain Star Drive The applicant has agreed to put
these things on the final PUD map Amsbaugh stated that unless the Commission has any specific
questions, he would waive the reading of the criteria and findings. Staffgenerally feels that this
rezoning application does comply with the rezoning requirements as well as with the Comprehensive
Plan. and the other codes and Regulations of the Town of Avon. Statf would recommend Planning
and Zoning Commission approval of the rezoning of 619 75 acres form OLD to PUD and amend the
existing Mountain Star PUD by incorporating an additional 619.75 acres into that PUD with the
following findings and conditions
FINDINGS
1. The rezoning is justified due to the changing character of the area
fhe rezoning is consistent with the Town of Avon Comprehensive Plan
3 The proposed use is compatible and complimentary to the surrounding area
and uses
CONDITIONS
I The amendment to the Mountain Star PUD will be incorporated into the existing
Mountain Star PUD. Subdivision of this land will be identified as Mountain Star
Filing Number 2.
A
PLANNING AND ZONING COMMISSION MEETING MINUTES
March I, 1994
Page 22
Mountain Star Subdivision, Filink_? Planned Unit Development Amendment, Public Hearing. (cont)
Buz Reynolds asked if there were any riding trails etc., in the equestrian tract. Pylman stated that
there may be some hiking trails but not riding trails
Rhoda Schneiderman asked about fencing at the equestrian center. Pylman stated that any fencing
that goes up would have to be a lay down or drop design that only goes up in the summer.
Jack Hunn moved to grant approval for Planning and Zoning Commission Resolution 94 -2,
Recommending To The Avon Town Council Approval Of A Rezoning Of 619.75 Acres Of Land
Currently Zoned Open Space, Landscaping And Drainage., To Planned Unit Development And
Amend The Mountain Star Planned Unit Development To Include This Property, which includes the
Findings I, 2, and 3, and the conditions as recommended by Staff
Sue Railton seconded and the motion carried unanimously.
Lot 63, Block I, Wildridge Subdivision, Guida Duplex, Final Design Review
Mary Holden stated that this is a one acre lot with slopes ranging from 2440%. It is a three level
duplex. Unit A consists of 3096 square feet and Unit B consists of 2438 square feet. There is one
wood burning fireplace being proposed, which the applicant must pay a fee to secure it. Site lighting
will be provided via wall lights on the building at all exterior doors. Materials will consist of cedar
shingles, I x 8 rough sawn shiplap and stucco. She stated that the color rendering does not match
the colors indicated in the application. The landscaping will include aspens, Russian olives,
ponderosa pines, shrubs and perennials.
Holden stated that the applicant is proposing a concrete driveway and Staff is requiring them to
provide an asphalt apron where it ties into the road. A culvert needs to be added. The retaining
walls need to be removed from the setbacks, both side and front yard, or apply for a variance. True
limits of site disturbance must be shown on the grading plan and retaining walls over 4 feet in height
must be designed by an engineer. This application does meet the design review considerations listed
in the Staff report Staff recommends Planning and Zoning Commission approval with the following
conditions
I. That the asphalt apron be provided where the driveway ties into the road
2. A culvert be added
The building height not exceed 35'.
Al
PLANNING AND ZONING COMMISSION MEETING MINUTES
March 1, 1994
Page 23
Lot 63, Block 1, Wildridge Subdivision. Guida Duplex, Final Design Review. (cont)
4. The retaining walls be removed from the setbacks, or a variance applied for.
5. Meters be placed on the building.
6. All flashing, flues and vents have a finisheti surface.
Sue Railton stepped down as a voting member of the Commission, due to a conflict of interest.
John Railton, representing Mike and Liisa Guide, stated that they have pushed the building a little
further down on the site and thus reduced the setback issues and giving them more car parking space
in front of the building. It is a difficult site with tl?e steep grades. If they were to push the building
any further down the site there would be problems with getting the driveway to work. He stated that
they have applied for a variance, which is scheduled for the ne:. meeting. The reason for the
variance is so that they can build a retaining wall that will allow them to provide a more adequate
driveway and more adequate parking along side of the building. He stated that they have received a
letter from the Upper Eagle Valley Sanitation District indicating that they have no use for the
easement that exists and have no difficulty at all with the variance request.
Railton stated that one comment made at the conceptual review was regarding the building height
exceeding the 35' lir-*' That had to do with the fact that the roof pitch was 7-I/2 to 12. The rest of
Mr. Railton's comm.;nts are not clear due to the Guida baby making noises.
Mr. Railton stated that they have introduced some additional material which changes the texture of
the siding. They have made the sloped connecting elements at the front porches horizontal siding
and the other vertical siding. Again, this comment is not clear due to the noises from the Guida's
baby. The other material introduced is stucco on the fireplace and stucco walls and also stucco base
around the lower part of the building. They would like to make the stucco the same color and the
same texture as the Hazard residence.
Buz Reynolds stated that he likes the house, but he has a couple questions. He asked what they plan
to do with the detail above th(; window. Railton stated that it is like a header. He explained how it
would work. Reynolds stated that about 900/9 of the buildings seem to have more overhangs on
there and he asked if they have a reason for them going flush. Railton stated that he thinks it is more
in common with the kind of architecture of the house. Reynolds stated that he did not mind bringing
the building off the ground, but landscape under there so that it kind of blends up with what is
existing. It wouid make the building look even nicer. Railton stated that they would probably use a
natural sort of grass.
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PLANNING AND ZONING COMMISSION MEETING MINUTES
March 1, 1994
Page 24
Lot 63. Block 1. Wildridge Subdivision, Guida Duplex, Final Desivn.Review. (contl
Jack Hunn asked about the colors. Railton provided some colors. The siding will be a greenish gray
and the stucco will be the same color as the Hazard residence next door. The Commission stated
that they would Gke to see samples of the colors. Hunn asked about the exterior lighting. Railton
explained where the lighting would be. Hunn asked about the light fixtures. He asked the applicant
to provide a fixture cut sheet when they bring the colors back. Discussion followed on the soffit
finish on the cantilevered portions and the finish on the pillars that support the cantilevered elements.
Hunn stated that maneuvering on the site was a concern that he had and he doesn't see any way to
solve it, and because of the cul-de-sac and they are backing into a low traffic area he thinks the can
be comfortable with it. The other concern he has is the amount of snow storage shown and the
techniques that would have to be used to clear the snow from 'he driveway. There is very limited
snow storage. Discussion followed but none of it is clear due to several people talking at the same
time. Hunn asked where the sewer tap would be and what kind of site disturbance would there be.
Railton stated that it would be in close proximity to the road or in the road. Hunn asked if the
landscaping is supported by an automatic irrigation system. The applicant stated it was.
Henry Vest asked about the venting. Railton described the scissor truss roofing and how it works.
Discussion followed on the half rounds on the garages, but with several people talking at the same
time the discussion is not clear.
Rhoda Schneiderman stated she liked the house. She asked what the ground finishes are where ever
there is a door. Railton stated they would be paved patio areas. Schneiderman stated that she is not
comfortable with the bare look around those projected pieces. She feels that they need something
around the posts and the landscape plan doesn't show anything. She stated that she could not
approve this landscape plan without something being shown and she does not think grasses would do
it. It needs some sort of shrub to soften it. Considerable discussion followed. Schneiderman
suggested a natural type of shrub that would grow there anyway had they not excavated it, i.e. sage.
John Perkins stated that he thinks it is a delightful house. He commended them on the design and
thanked them for providing the model.
Discuss;01-1 %: owaa on the garage door, the possible use of another color other than the same gray
on the Hazard house and the limit of construction.
Rhoda Schneiderman moved to approve final design of Lot 63, Block I with the following
conditions:
1. Where the driveway ties into Fox Lane, an asphalt apron be provided instead of concrete.
04
PLANNING AND ZONING COMMISSION MEETING MINUTES
March 1, 1994
Page 27
Lot 53. Block 4. Wildridge Subdivision. Player Duplex, Conceptual Design Review. (cont)
Buz Reynolds stated that the drive for the west unit looks like it will be a pretty substantial drive, like
11 or 12 feet. Riden stated it is about 8. He stated that they would use the area to the sides of the
drive to use for snow storage. Reynolds stated that keeping 4% within the right-of-way, it looks like
there will be a substantial drive. Reynolds stated that he liked the concept of stepping it down.
Jack Hunn stated that he is concerned about some of the open arches, as this is a complicated
building. He stated that he would like to see a model and how it sits on the site. One of the arches is
quite tall and the others are more minor and he is concerned on how they will look. He stated that
he is concerned with both garages. Two of the walls that will be visible from adjacent properties are
very blank walls. Hunn stated that he likes the solution on the site. He thinks there is a bit of a
challenge getting the driveway grades to work. Hunn asked what the width of the driveway to the
lower unit would be. Riden stated that it is 16 at the garage doors and drops to 12 ft. Staff stated
that the minimum allowed is 14.
John Perkins stated that he thinks it is a very creative solution. He also thinks a model would be
beneficial.
Henry Vest stated that he likes the building. Discussion followed on the vents and the material to be
used. Vest asked if the roof pitches vary. Riden stated that they vary from a 3, 5, and 8/12 pitches,
depending on its location. Vest asked about the stucco around the windows and doors. Riden stated
that they are doing stucco banding in certain areas. He pointed out on the elevations where it would
be and how it would be applied.
Rhoda Schneiderman stated that in general she thinks it is a creative solution. The only problems she
has with it are the west elevation where it kind of looks like a fourplex. Everything is exactly the
same. She stated that they need to add some variations to this side. Regarding the north elevation,
what is this big chalet style entry way that is not trimmed out the same way. Riden stated that she is
seeing this in sections and if they would put the garage in front of this particular elevation you would
not see anything. She stated that the only other concern she has are the high arches. The low ones
are interesting, Riden stated that the highest one would be only 7 or 8 feet. Schneiderman stated
that when the landscape plan comes back for final the applicant needs to include a legend on the
landscape plan showing the required minimums of 2" caliper for the aspens and russian olives and
five gallon minimums for the rest of the shrubs.
Sue Railton stated that she has no problem with it. She asked, since the arches go right through,
under the building, what will be put under them? Will they use gravel and walks etc., under there.
Riden stated that he thinks that there will be enough exposure there that they can get some things to
grow there.
a
PLANNING AND ZONING COMMISSION MEETING MINUTES
March 1, 1994
Page 25
Lot 63, Block 1. Wildridge Subdivision, Guida Duplex, Final Design Review. (cont)
2 A culvert be added under the driveway at the entrance to the lot.
3. The building height not exceed 35'.
4. The rock and concrete retaining walls on the south portion of the site be moved out of the
sideyard setback and easement or a variance granted for their location.
5. Meters be placed on the building.
6. All flashings, flues and vents must have a finished surface to match the building.
Additional landscaping of the natural variety including sage and natural grasses be placed in close
proximity to the supports on the lower four corners of the house.
8. All color samples, including stucco samples be brought back to this Board for approval.
9. Cut sheets for the light fixtures be brought back along with the color samples.
Jack Hunn seconded. Hunn asked that limits of construction shown on the site plan be added to the
conditions.
The motion carried unanimously.
Lot 53. Block 4. Wildridge Subdivision. Player Duplex. Conceptual Design Review
Mary Holden stated that the lot is 1.65 acres and slopes to the west at approximately 24-28%. This is
for a duplex that will contain two levels and stand approximately 28 to 32 feet. It will be a total of
5500 square feet between the two. Building orientation is to the south. Materials proposed are
asphalt shingles, and cedar bevel lap and stucco. The landscape plan will include spruce, aspen,
russian olive, juniper and potentilla. Staff comments are as follows.
1. An accurate grading plan, on a certified topography of the site, showing true limits of disturbance,
all easements and the limit of developable land must be submitted for final design review.
2. The building appears to abut the setbacks and overhangs may not extend into the setbacks.
3. Snow storage needs to be shown.
io
PLANNING AND ZONING COMMISSION MEETING MINUTES
March 1, 1994
Page 26
Lot 53, Block 4. Wildridge Subdivision_ Plaver Duplex Conceptual Desi3,m Review, (cont]
4. Retaining walls over 4' in height need to be designed by an engineer.
5. The boulder retaining wall needs to be shown on the site plan.
6. Type of driveway needs to be indicated.
7. Landscaping should be located out of snow storage areas and at least 4' from the building.
8. Gas or wood burning fireplace needs to be indicated.
9. The east elevation needs to be submitted for final design review.
10. The landscape plan should meet the Town of Avon requirements.
11. Building lighting needs to be :effected.
12. Clarify whether the arches are open underneath.
13. Indicate the type of material and color for garage doors.
Holden stated that as a conceptual design review, Staff has no formal recommendation.
Steve Riden, representing the applicant stated that they are really just interested in the comments
from the Commission. He stated that he feels that they can accommodate the Staffs comments.
Regarding the design comments, the east elevation stated that it would be a very brief elevation since
it drops off very quickly over that way., and regarding number 7, the materials for the garage door
would be a T & G cedar garage door in a natural tone. They are staying with strictly natural tones.
Mary Holden stated that she has put together the elevation on the wall. Chairman Perkins asked how
long is the building. Riden stated that they are keeping it long and narrow as you can see from the
site plan, basically following the contours down as you go. The idea being that it allows better
access via the grading to the garage and separating the garages, eliminating larger masses of building
by keeping the buildings in smaller scale, so they don't have large structures individually, they have
smaller masses broken up by the archways, by the connections and the detail used. To do that they
basically stretched the plan out and also to eliminate some of the additional costs for stretching the
plan out they plan to span between foundations and that is where they have created the archways
underneath. Some are capable of walking through and some of them are not.
Al
OWN
PLANNING AND ZONING COMMISSION MEETING MINUTES
March 1, 1994
Page 28
Lot 53, Block 4, Wildridge Subdivision, Player Duplex. Conceptual Design Review. (cont)
Chairman Perkins stated that those were the Commission comments and as a conceptual review, no
action would be taken at this time. He asked the applicant to bring color samples and roof samples
at the final design review.
Lot 2 Block 5. Wildridwe Subdivision Spiegel Duplex. Conditions of Approval
Mary Holden stated that the Commission requested the applicant bring back the colors for the doors,
railings and balconies and also bring a sample of the roof material for approval when final design
approval was given at the December 7, 1993 meeting for various modifications. She provided the
samples for the Commission to review. Discussion followed on how this proposal will blend in with
the other duplex on this lot, and also on the roofing material.
Henry Vest moved to approve the colors and roofing material as submitted.
Sue Railton seconded.
Jack Hunn stated that he has some real concerns about this. He stated that it is a matched set of
duplexes, one design, side by side, and he considers them a pair of buildings and they should have the
same roof, even though the first one has the wrong color of roof. Considerable discussion followed
regarding this matter.
Chairman Perkins called for a vote on the motion on the table. The motion carried with Jack Hunn
voting nay.
Lot 63, Block 2 Benchmark at Beaver Creek Subdivision Seasons at Avon. Modifications.
Since no representative for the Seasons at Avon was present at this time, Chairman Perkins asked for
a motion to table this item. Jack Hunn so moved, Rhoda Schneiderman seconded and the motion
carried unanimously.
Other Business
Buz Reynolds stated that the lights that are on Valley Wide were supposed to be down lights, and
the two lights that were installed at the Colorado IMountain Express are spotlights and there is no
reason to have to stare into that when you drive up the hill. Also, when the Commission gave
approval to the power company to put in their new poles, they said they would take a set of poles
out going up Metcalf Road and they have not done it yet.
M0
aw+
PLANNING AND ZONING COMMISSION MEETING MINUTES
March 1, 1994
Page 29
Other Business (cont)
The Recording Secretary stated that there was another resolution presented for consideration
regarding Lot 3, Block 3, Benchmark at Beaver Creek Subdivision, PUD, which was approved at the
February 15, 1994 meeting.
Henry Vest moved to grant approval to Planning and Zoning Commission Resolution 94-1,
Recommending To The Avon Town Council That Lot 3, Block 3, Benchmark At Beaver Creek
Subdivision, Town of Avon, Eagle County, Colorado Be Rezoned From Residential High Density
Commercial To Planned Unit Development and Establishing A PUD Development Plan and
Development Standards Related Thereto.
Jack Hunn seconded and the motion carried unanimously.
Rhoda Schneiderman asked if the Staff had checked out the color on Valley Wid•-'s building. Mary
Holden stated that they had and they would be coming back before the Commission.
Rhoda Schneiderman moved to adjourn, Buz Reynolds seconded. The meeting was adjourned at
11:20 PM.
Respectfully submitted,
Charlette Pascuzzi
Recording Secretary
PLANNING AND ZONING COMMISSION MEETING MINUTES
March 1, 1994
Page 30