PZC Minutes 042585RECORD OF PROCEEDINGS
MINUTES OF PLANNING AND ZONING COP41ISSION MEETING
APRIL 25, 1985
The regular meeting of the Avon Planning and Zoning Commission was held on
April 25, 1985 at 6:55 PM in the Town Council Chambers of the Town of Avon
Municipal Complex, 400 Benchmark Road, Avon, Colorado. The meeting was called
to order by Chairman Mike Blair.
Members Present: Mike Blair, Cheryl Dinqwell, Mark Donaldson, Tom Landauer
Members Absent: Pat Cuny, Jerry Davis, Charlie Gersbach
Staff Present: Norm Wood, Director of Engineering and Community Development
Bill James, Town Manager - Jim Lamont, Planning Director and
Consultant - rlaggie Lach, Recording Secretary
Work Session
Billames, Town Manager stated that Council passed, on first reading, the
Fractionalization Ordinance regarding square footage, eliminating the number of
bedrooms.
3/4 Development Right equals 800 - 1200 SF; 1/2 Development Right equals 600 -
800 SF; 1/3 Development Right equals 500 - 600 SF; and 1/4 Development Right
equals 500 SF or less with no kitchen.
James explained and reviewed these changes with the Commission.
James also presented memo on parking requirements and explained and reviewed
it with Commission members.
Lamont presented Goal Statements for Development Districts IV and V. Asterisks
in Goals stand for both districts and Lamont reviewed larguage changes of
statement with Commission members.
Uinqwell motioned to recommend Council adopt Development Districts IV and V Goals
as working statements.
Landauer seconded.
Passed unanimously.
Regular Agenda Items - 7:45 PM
Dingwell motioned to excuse Gersbach and Cuny from the meeting. Davis' absence
is unexplained and will be deferred to next regular meeting.
Landauer seconded.
Passed unanimously.
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Planning & Zoning Meeting Minutes
April 25, 1985
Page 2 of 8
Lot 65, Block 2, BM @ BC - Avon Executive Center - Conceptual Review - Con't.
Lamont stated that he and Wood met with applicant on April 25, 1985 before the
regular meeting and had lengthy discussion on this complicated issue. Basic
concern is circulation from a Master Plan standpoint. He stated that application
fits very closely with recommendations he made for that site and neighborhood,
although alignment problems do have to be worked out and major concern is railroad
overpass or underpass with regard to access for Lot 65. Lamont explained that in
order to get under the tracks, cut and fill is required which would eliminate
access to the 1st Bank Building and Lodge at Avon. This creates a problem because
it would eliminate access to Lot 65, southern access to the Benchmark Shopping
Center and 1st Bank Building.
Jim Otis, applicant stated that he had spoken with Staff regarding the Master Plan
and stated if his land were bisected, it would be an extreme hardship. He felt
there could be solutions to access problems and would be willing to move his
building back so it would not be in proposed right-of-way. He stated his plans
would have malls and pedestrian right-of-ways with outside walks. He felt the
issue was the proposed roadway going through his property and was fearful that
inferior value real estate would be allowed on Tract Q. He felt that the Town
and adjacent property owners of Lot 66, the Bank Building and Benchmark Building
should be involved in the discussion and fioure out how those small parcels of
land could be best utilized. Otis believed that fast food or low rise under-
valued real estate projects on those lots would then be put on other properties
as well.
Lamont stated that because of distance applicant has to travel, Staff recommends
this application be continued, at applicants request, so that adjacent property
owners can get togetner to discuss these issues.
Otis was concerned that decisions might be made at this meeting before property
owners could get together.
Donaldson asked if there were other applications he was concerned about.
Otis said yes, Wendy's was the concern and felt it could be destructive to the
overall plan.
Lamont felt that there needed to be an interior circulation agreement with
Benchmark, 1st Bank, Benchmark Shopping Center, DeLaLama and Mr. Otis because
closing one access will change the whole plan.
Wood felt that cost estimates with engineers regarding the railroad might take one
month or so.
Blair asked representative of Wendy's if they would consider deferring application
until property owners could get together.
Peter Witter, representative of Wendy's preferred to have Jim Cunningham, owner
of Tract 0, make that decision.
Dingwell motioned to continue application at applicants request to the May 16, 1985
regular meeting so that adjacent property owners might have a joint meeting
regarding traffic circulation and access with regard to the Master Plan.
Landauer seconded.
Passed unanimously.
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Planning & Zoning Meeting Minutes
April 25, 1985
Page 3 of 8
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Lot 1, Wildwood Resort - Holiday Inn - Preliminary Desion Review - Con't. from
4/11/85 Reqular Meeting
wood gave brier overview or proposed project, and stated that general building
design consists of stucco and/or architectural pre -cast concrete walls, flat roofs
with single -ply membrane, redwood deck walking areas, and solar bronze insulated
windows with colored awnings for accent. Some areas that deserve additional
consideration are parking lot light fixtures which need additional detail as to
type. Parking lot light requirements are to be sodium. Wood further stated that
a point of information would be snow storage, and regulations do allow snow
removal from site, but applicant should be aware of that. There also needs to be
an agreement regarding entrances to Swift Gulch Road and this should be resolved
so that southerly entrance could be removed or relocated in the event traffic on
Swift Gulch Road does increase. Wood explained that the sign program is preliminary
and would recommend that Commission give input as to size, location and more
detail to sign program.
Bob Tatman, architect of project stated that signage is in conformance with typical
Holiday Inn signage as to types. There would be 2 entry signs at the entrances
and a sign on the building.
Tatman presented Holiday Inn sign brochure for Commission review.
Wood stated that height of the freestanding sign is 25 feet and fits within the
current sign code. He explained that entrance s;gns exceed the maximum height
and size in the current Sign Code.
Tatman stated that engineers for the project would work out details for Buck Creek
piping and drainage.
Wood stated that main entrance from Swift Gulch is located very close to Nottingham
Road, for what could be projected traffic at that intersection along Swift Gulch
Road. He did not believe it would be a problem at this time, but 5 - 10 years
from now it could be. An agreement would give leverage to get the entrance closed
and relocated and Wood felt it should be finalized before a building permit was
issued.
Tatman stated that parking lights would be sodium and the only item not addressed
was the option for pre -cast concrete walls.
Dingwell motioned to approve the design review for Holiday Inn with the conditions
that parking lot lights be sodium vapor; an agreement be reached concerning
possible closures of entrances from Swift Gulch Road, to be signed by Town and
Developer and recorded prior to issuance of building permit, also to be reviewed
by Town Attorney; detailed construction plans and specifications for piping Buck
Creek and Nottingham-Puder Ditch and for relocating water and sewer lines, to be
approved by Avon Metro and Upper Eagle Valley Sanitation Districts prior to
issuance of building permit; all signs are specifically excluded from this approval;
and exposed pre -cast concrete aggregate panels are approved as an alternate to
exterior stucco finish.
Landauer seconded.
Passed unanimously.
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Planning & Zoning Meeting Miuutes
April 25, 1985
Page 4 of 8
Folson Annexation - A parcel of land located in the N 1/2 SW 1/4, Section 12,
Township 5 South, Range 82 West of the 6th Principal Meridian lying Southerly
of U.S. Highway 6 and 24, as further described by Legal Description - Zoning
Change to SPA
Wood explained that this parcel is generally located across from the White Property
which was recently annexed and Zoned SPA, and is across Highway 6. The request is
to zone the petitioned annexation to SPA. Annexation has been approved by Council
on first reading, and has also been approved on first reading, an Ordinance zoning
that property SPA.
Wood stated that Cynthia Gilbert, representative for Frances A. Beeson, Richard L.
Beeson, Cynthia Gilbert and Jean Carson had submitted a letter regarding the zone
change, which stated 1) The land in question contains some steep areas which should
not be excavated or devel,)ped from an erosion and safety standpoint; 2) The
proposed development is too high density (102 units) for the narrow strip of land
(flat visible area) between Highway 6 and the steeper grades of that property;
and 3) Development of housing is probably inevitable on this property; but maximum
SF per acre should be imposed due to its relative closeness to River Oaks (already
high density housing, in our opinion); and the proposed hotel across the highway;
and its relative closeness to the Eagle -Vail Community (mostly zoned "duplex" at
the west end -- which is adjacent to the Folson Property in question). Please
make note of our comments for the record.
Blair opened the public hearing.
There being no one wishing to be heard, Blair closed the public hearing.
Wood stated that in reference to Gilberts letter, there is no SPA plan; the SPA
plan does not assign 102 units or any other density or Development Rights to that
parcel at this time. SPA indicates that there are guidelines for development and
a special development plan needs to be submitted to Commission and Town Council
for approval.
Landauer motioned to recommend that Town Council approve the SPA zoning for the
Folson Property.
Donaldson seconded.
Passed unanimously.
Tract N, Block 3, BM @ BC - Micro%ave Antenna Placement - Design Review
0o state tat app leant is proFosing o p� a—T ce a micrNiave an enna aish, which
will be used to transmit phone lines from Avon to Dowd Junction electronic site,
supplying 2 -way communication for 2 -way radios, and allowing the user to have
telephone capability in the same radio. The placement of the dish is on the
northeast portion of the sewer treatment building roof. The dish is 4 feet in
diameter, 1 foot deep, and cover or radome is 12 feet deep. The mounting bracket
for the dish is approximately 2 feet high.
Larry Mabry, representative of Motorola and applicant stated that they needed a
site to transmit phone lines and the treatment building was the best choice.
Mabry presented pictures of microwave dish and explained the concept of transmitting
phone lines.
Planning & Zoning Meeting Minutes
April 25, 1985
Page 5 of 8
Tract N, Block 3, BM @ BC - Microwave Antenna Placement - Den tReview, Con't.
enti
Donaldson e that screening the is wouldraw more at on
and cause
the snow to drift around it and impede the function.
Donaldson motioned to approve the application as submitted with the condition that
applicant paint the dish to match roofing material as closely as possible.
Landauer seconded.
Passed unanimously.
Buck Creek Road Revegetation and Retaininq Walls - Desion Revi
wood stated tnat applicant is proposing alternative grading and revegetation plan
for Buck Creek Road from plans which were previously approved. Proposal consists
of reinforced earth retaining walls to be installed, where previously the plans
called for straight slope grading. This is being proposed to reduce the amount
of area required for roadway fill. Staff has no problem with the retaining wall
as proposed, but feel it should go through design review for aesthetic purposes.
He explained that from a structural standpoint, it is the same type of wall that
is being used in the Glenwood Canyon project.
Al Testa, representative of applicant, Section 36 presented a 3 dimensional model
for clarification of proposed wall and reviewed and explained model to Commission.
He stated that the design is a tiered, patented wall designed by Hill Ficker.
Testa Presented sample of proposed wall and explained that the total rise of each
of the steps is 3 feet with a taper of 1 to 6 vertically, with 12 inches of step
every 3 feet for 18 feet. He stated that main concern was aesthetics of design
and explained that the benching of the retaining wall would slow water drainage
and also provide water for the grass that will grow on the wall.
Dingwell motioned to approve the retaining wall for Buck Creek as an alternate
design.
Landauer seconded.
Passed unanimously.
Tract Q, Block 2, BM @ BC - Wendy's - Design Review - On Proposed Tract Q South,
Proposed Resubdivision of Tract Q, Block 2, BM @ BC
Wood stated that new submittal for Wendy's was proposed and the plans Iia een
revised from previous plans that were denied due to access, site circulation and
setbacks on Avon Road. The revised plans have attempted to address these problems
with improved site circulation and access, however there is still encroachment into
the front setback on Avon Road, which will require a variance. This should be
considered in conjunction with the conceptual review, and the variance is the
following item on the agenda.
Peter Witter,. applicant stated that plan is similar to original plan. He presented
and explained plans and rendering to Commission.
Witter stated that drive -up window will be screened by a porte cochere, landscaping
has been introducel in public right-of-way, loading space has been provided and is
8' x 30', but Code requires 12' x 35'. The sun room will be at south end of building;
public areas are at the south and east side; trash enclosure is accessible from
the site; and service area is encloEed by building structure. Proposed exterior
building material for walls will be river rock with cedar siding; a screen wall at
the top of the building to hide any mechanical equipment; and the variance request
Is in the interest of optimum circulation and parking, along with traffic safety.
Planning & Zoning Meeting Minutes
April 25, 1985
Page 6 of 8
Tract Q, Block 2, BM @ BC - Wendy
Proposed Resubdivision of Tract Q
's - Design Review - On Proposed Tract Q South,
Witter rurtner expiaineo that the roor tascia is plastic, ano access easement trom
north has been reached and agreement is being prepared. Grading and engineering
plan is being done by Intermountain Engineering and details will be worked out
in conjunction with Town Engineer.
Jim Cunningham, owner of lot briefly stated the improvements made over previous
plan and gave overview of work that went into present plan.
Lamont stated that he and Wood had gone over plans many times and felt this was
a workable solution. The pedestrian walkway was added and that will tie-in to
the Benchmark Shopping Center site.
Cunningham explained variance to Commission members in relation to proposed site
plan.
Discussion followed along with review of plans.
Blair asked if for some reason the site lost the southerly access, would the lot
still function with the northerly access.
Wood stated it would.
Blair informed Cunningham that the owner of Lot 65 had asked that Commission take
no action on Wendy's design that would affect access until all adjacent landowners
had met to discuss this.
Witter stated that Otis had said he did not want to see low-end uses on the site
such as Wendy's because more would follow. He felt it was not a low-end use and
the building would be more expensive on a SF basis than what Otis might put on the
same site. He felt the site was a strong traffic generator and the restaurant
provides food in a resort area at a reasonable price. Witter did not feel that
this was a negative use for the site or for Avon.
Cunningham stated that he met Otis in October of 1984 to discuss the planning
process for the site and had presented plans and encouraged him to start talking
with Lamont. He understands the problem Otis and he have regarding the site
roadway. He felt that unless we know what's going to happen on the site, he's not
in a position to discuss anything, because until something is approved, there would
be nothing to talk about.
Blair asked what the possibility was of the southern access being lost to recon-
struction of the railroad crossing.
Wood felt there was a good chance that southerly access would be cut off eventually.
Discussion followed.
Donaldson did not feel that a delay should be imposed on applicant after all of the
time they had spent working with Staff on this project, whereas Otis had come in
just before the meetings for discussion.
Wood brought up other points for consideration and stated that applicant is proposing
signs on the south and north ends of the building totalling 64 SF. He added that
the loading space size was not in total compliance. 14�% of the site is pervious
landscaped area and 7.2% is patio and outdoor dining area with interlocking pavers
for a total of 21.6%. lie stated that Staff suggests this application be considered
a conceptual review due to details that still need to be worked out such as
drainage, snow storage, site grading, final plat, and parking on other tract.
Planning & Zoning Meeting Minutes
April 25, 1985
Page 7 of 8
Tract Q, Block 2, BM @ BC - Wendy
rk,
ft,
is - Design Review - On Proposed Tract Q South,
, Block 2. BM @ BC, Con't.
uingweii motionea to approve the conceptual review of Wendy's with the conditions
that front lot setback variance approval is given; that useable open space
requirements be resolved; that final design approval comply with all zoning
requirements and subdivision regulations; dedicatian of public access easements
across Tract Q or development of satisfactory cross access agreement between
Tract Q North and Tract Q South; development and review of detailed site plans
including: site grading and drainage; dilineation of snow storage areas; site
bearings, dimensions, building location ties, building dimensions and other
details as required for final design review.
Landauer seconded.
Passed unanimously.
Tract Q, Block 2, BM @ BC - Wendy's - Variance Request - Front Lot Setback - On
Proposed Tract Q South, Proposed Resubdivision of Tract Q, Block 2, BM @ BC
oW�state tat variance is from foot front of t set a�cK.-T a refs quest icor
a 0 setback for the drive through canopy and screen wall, and a 15 foot setback
for the building located on Avon Road. This area has a wide right-of-way of 260
feet and the site is approximately 80 feet from edge of existing roadway, with
the area in between being well landscaped.
Wood reviewed Section 17.36.040, Approval Criteria, A -D, along with Section
17.36.050, Findings Required.
Blair opened public hearing.
Wood stated that only response to variance was request by Jim Otis, owner of Lot
65, not to make decision on Wendy's.
Larry Goad, representative of Lot 21 owner asked that greenspace around the building
be kept free of trash.
Blair closed public hearing.
Dingwell motioned to approve the variance request for 0 front lot setback for
Wendy's. Approval of variance grants a 0 setback for drive through canopy and
screen wall, and 15 foot setback for building. The Commission finds that the
granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same
district; 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 same vicinity; and that 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.
Landauer seconded.
Donaldson opposed.
Motion carried.
Reading and Approval of P & Z Mintues of 4/11/85 Regular Meeting
Donaldson motioned to approve the minutes of the April 11, 1985 regular meeting
as submitted.
Dingwell seconded.
Passed unanimously.
Planning & Zoning Meeting Minutes
April 25, 1985
Page 8 of 8
Other Business
• Donaldson mentioned concerns of poor attendance by Commission members
how that could be dealt with.
Discussion followed.
Dingwell suggested that the Chairman speak with the absentee members.
,r Donaldson felt that some credibility is lost when there is not a full
Discussion followed.
Wood reminded Commission of an official Special Meeting regarding the
Ordinance for May 7, 1985 at 5:00 PM.
and wondered
Commission.
Fractionalization
Dinowell iotioned to approve the Special Meeting regarding Fractionalization Ordinance
on Play 7, 1985.
Donaldson seconded.
Passed unanimously.
There being no further business to discuss, Donaldson motioned to adjourn the meeting.
Dingwell seconded.
Passed unanimously.
Meeting adjourned at 10:55 PM.
Respectfully Submit !dU
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Marg r' M. Lach
Reco ing Secretary
Commission Approval v� Date S O d s
M. Blair
P. Cuny
J. Davis
T. Landa
C. Dingwell
M. Donaldson
C. Gersbach