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PZC Minutes 032885RECORD OF PROCEEDINGS MINUTES OF PLANNING AND ZONING COMMISSION MEETING MARCH 28, 1985 The regular meeting of the Avon Planning and Zoning Commission was held on March 28, 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: Charlie Gersbach, Mike Blair, Tom Landauer, Mark Donaldson, Cheryl Dinawell Members Absent: Pat Cuny, Jerry Davis Staff Present: Norm Wood, Town Engineer - Bill James, Towr Manager Maggie Lach, Recording Secretary Work Session e roux raft of the Sian Code was reviewed page by page by Commission members and they will begin with pane 8 at the next meeting. Regular Agenda Items - 7:35 PM Reading and Approval of P & Z Minutes of 3/14/85 Regular Meeting Donaldson motioned to approve the minutes of the March 14, 1985 regular meetino with the change as noted. Landauer seconded. Passed unanimouslv. Dingwell pointed out that page 3 of 8, line 1 should read "PPL" rather than "PPV Blair noted that it has been pointed out by the Town Attorney that the Commission needs to verify absences of Commission members. Absences should be shown as excused or unexcused. Unexcused absences may be cause for dismissal from the Commission. Absences from the Commission may raise concerns of the Commission's ability to make legal decisions. Cuny is on vacation with her family, and we do not know the reason for Davis' absence. Dinawell motioned to approve Cuny's absence from the March 28, 1985 regular meetinq and would get Davis' explanation at the next meeting of April 11, 1985. Donaldson seconded. Passed unanimously. Lot A, Block 2, BM @ BC - Avon Center - Anthony International Ltd. - Business Sign - Design Review Wood stated that the sign was first installed on the building and applicant was told that sign required a sign permit, it did not comply with the sign program for Avon Center and that it did need to no through design review. Applicant had removed the sign and Fooland had sent letter to Avon Center askina for input as to whether they did or did not wish to modify their sign proaram. To date, no response has been received. Wood explained that the current sign program requires that exterior signs shall consist of Groups of individual internally lit channel type letters. Channels shall be painted light bronze to match the buildings metal roof panels and that letter face shall be translucent plexiglass, matte finish. He stated that the sign appears to be a flat black plexiglass with gold lettering and approximate size is 8 SF. Applicant has submitted color snapshots of sign. .0006� Plannina & Zoning Meeting Minutes March 28, 1985 Page 2 of 6 Lot A, Block 2, BM @ BC - Avon Center - Anthony International Ltd. - Business Sign - Design Review, Con't. Dinowell clarified that Commission was reviewing sign because it does not comply to the Avon Center sign program, but asked why this was not being discussed between the applicant and owner of building. Vino Anthony, applicant and owner of Anthony International stated that what the owners of the building have said and established, and what they have agreed to do and what they have told him are completely different from what the lease states. He said that panels are above entryway with marquis above that and he had asked about signage on the exterior of the building. Avon Center had put in a canopy and he had asked if he could have a sign like Avon Liquors or Christy Sports. The owner said no, they were going to use that signage for the building I.D. Anthony stated that Maury Dailey asked him what he wanted to do. Anthony stated he wanted an exterior sign next to window of business with gold letters on a dark background so it could be seen from a distance. Dailey said it would be okay and to have the sign made. Anthony explained that to date, no building I.D. signage has been put in place. Dinowell asked if perhaps applicant could put this sign up on a temporary basis until owner has responded to inquiries of their sign program. Anthony explained that Dailey is repsonsible to tenants and it is next to impossible to get any feedback from him. Donaldson agreed with Dingwell and stated it is unfortunate that we have siqn regulations that require approval of a sign program, but we do not require a sign program in the Sinn Code regulations. Wood stated that a temporary sign shall not exceed 6 SF or remain in place more than 3 days. Bill James, Town Manager stated that considering the situation, why not grant a 30 day period until owner responds. He then read variance provision from the Municipal Code. Blair asked dimensions of the sign. Wood stated it is approximately 6' x 22' or 15 SF, which is 3 feet over for an individual business sign. Dingwell motioned to approve the sign to be put up on a temporary basis for the next 30 days (April 25, 1985) for Anthony International Ltd., at the Avon Center, Lot A, Block 2, Benchmark at Beaver Creek, and if this temporary sign were not allowed to be put up, it would be creating a hardship on the tenant. Landauer seconded. Dingwell directed Staff to speak with owner of building regarding the sign program for Avon Center. Passed unanimously. Lot 63, Block 2, BM @ BC - Peregrine Village - Plat Review - Con't. from 3/14/85 Reqular Meetinq Wood gave an update on the review of Peregrine plat and stated it had been reviewed by Staff, Rick Larson of PPL and their surveyor. A tentative meeting is scheduled for the week of April 1 to formulate a program for parking. Peregrine is expected to be at the Commission meeting of April 11, 1985 with a proposed plan and Final Plat for ar,proval. Planning & Zoning Meeting Minutes March 28, 1985 Page 3 of 6 Lot 5, Block 1, BM @ BC - Special Review Use - Transfer 50 Hotel/Lodge Accommodation Units to Parcel 1 & 2, Block 1, BM @ BC - Swift Gulch Chairman Blair stepped down due to a conflict of interest. Blair stated that in Vice Chairman Davis' absence, Commission members should choose an acting chairman. Donaldson nominated Gersbach as Acting Chairman. Landauer seconded. Passed unanimously. Bill James, Town Manager introduced request of applicant and stated that original approval for Swift Gulch had 180 whole residential units and/or 360 hotel units. Buck Creek took some of the development which left 160 hotel units on Swift Gulch and moved 100 units onto Buck Creek, which gave them a 200 unit hotel site. 50 units will remain in the Buck Creek area. With the Holiday Inn coming in and being reduced from a 200 unit hotel development to 150, they would like to move Buck Creek from 200, down to 150 unit hotel, and take the 50 units they originally moved from Buck Creek back to Swift Gulch and call those 25 Whole Residential Development Rights. That would give Swift Gulch 105 Whole Residential Development Rights and leaves 150 hotel Development Rights on Buck Creek. He explained that density is being reduced for Swift Gulch and Buck Creek. Gersbach opened public hearing. Bill Nolan, representative of Lot 6, Block 1, Balas Townhome Condominium Associa- tion requested a general explanation of SPA and proposal of applicant. Staff answered his questions to his satisfaction. Larry Goad, representative of applicant reiterated explanation for benefit of Nolan and Commission members. Wood explained that one of the main differences between SPA District and other districts is that in other districts, it is a Special Review Use for the transfer from one lot to another. With SPA, it involves amendment to SPA plan which is a zoning change. Gersbach closed public hearing. Dingwell motioned to approve the Special Review Use for the transfer of 50 Hotel/ Lodge Development Rights from Lots 5, 52A and 52B, Block 1, Benchmark at Beaver Creek to Parcels 1 and 2, Swift Gulch Addition and convert the 50 Hotel/Lodge Development Rights being transfered to 25 Residential Development Rights. Transfer to result in the assignment of 150 Hotel/Lodge Development Rights to Lots 5, 52A and 52B, Block 1, Benchmark at Beaver Creek, and 105 Residential Development Rights to Parcels 1 and 2, Swift Gulch Addition. The application was found to be in compliance with Findings Required for a Special Review Use, A -C, and recommended conditions state that a Final Plat for the Buck Creek area has been filed for approval. Should this plat be approved prior to final approval of the Special Review Use, the official description for the Holiday Inn site would be Lot 1, Wildwood Resort, a Resubdivision of Lots 5, 52A and 52B, Block 1, Benchmark at Beaver Creek. Landauer seconded. Blair abstained. Motion carried. Planning & Zoning Meeting Minutes March 28, 1985 Page 4 of 6 Lots 5, 52A and 52B, Block 1, BM @ BC - Amendment to SPA Plan (Buck Cr3ek) and Parcels 1 and 2, Block 1, BM @ BC - Swift Gulch Addition - Amendment to SPA,PIan B air stepped down due to a conflict of interest. Wood stated that this was basically a continuance from the previous action just taken. There are 2 amendments in one, and Commission is rec-mmending approval for the requested zone change to Town Council. Gersbach opened public hearing. Bill Nolan, representative of Lot 6, Block 1, Balas Townhome Condominium Associa- tion had questions regarding density and use. Larry Goad, representative of applicant gave an explanation to Nolan. Gersbach closed public hearing. Al Testa spoke from audience and asked Dingwell explained that concern was of that it might interfere with the Balas not interfere with the Balas project. Nolan confirmed that his questions were Dingwell motioned to recommend approval entirety as submitted. Landauer seconded. presented maps showing the lots and what Goad's answers were to Nolan. one lot being used for snow storage and Townhomes. It was explained that it would answered to his satisfaction. to Town Council on Ordinance 85-4 in its Donaldson amended motion to include that recommendation be subject to approval and recording of Final Plat for Wildwood Resort. Dingwell amended motion. Landauer amended second. Blair abstained. Motion carried. Lots 5 and 52B, Block 1, BM @ BC - Holiday Inn - Special Review Use - Large Lot Parking Reduction Blair rejoine—OnTni�on discussion. Gersbach stepped down due to a conflict of interest. Wood stated that application is for a large lot parking reduction for the Holiday Inn site, Lots 5 and 52B, Block 1, Benchmark at Beaver Creek. Under revised plat with previous zone change request, it will become Lot 1 of Wildwood Resort. Parking reduction is based upon projected uses as follows: 150 hotel units at 1 space per unit; 3,599 SF restaurant at 1 space per 60 SF of seating area; 5,200 SF of retail space at 4 spaces per 1,000 SF; and 2,924 SF meeting rooms with a requirement of 24 parking spaces, with a total parking requirement of 254 spaces. Under Section 17.24.020, a large lot reduction of up to 15 can be granted through a Special Review Use. The 150 reduction would amount to 38 spaces, leaving a total parking space requirement of 216 spaces. Bob Tatman, architect for project stated that they have spoken with Benchmark Company regarding parking needs. There is 4.12 acres of land or 63,737 SF of open space on-site, and 359' of total area is open space. Tatman described areas on rendering submitted to Commission members and felt there was justification for the reduction in parking. Planning & Zoning Meeting Minutes March 28, 1985 Page 5of6 Lots 5 and 52B, Block 1, BM @ BC - Holiday Inn - Special Review Use - Large Lot Parking Reduction, Con't. Blair opened public hearing. Donaldson asked if the projected uses of retail, meeting rooms, and restaurant space was realistic. Tatman believed there were. Donaldson and Dinowell agreed that if uses were realistic, a large lot reduction would be justified, just as long as this project does not run short of parking spaces for the projected uses. Blair closed public hearing. Donaldson motioned to approve the Special Review Use for Holiday Inn, Lots 5 and 52B, Block 1, Benchmark at Beaver Creek. Findings Required for a Special Review Use, 1-3 are found to be compatible and within the guidelines of the Zoning Ordinance and conditions are that no significant changes in projected uses of space (as stated in application) be made that would affect parking requirements in the reduction of 38 spaces. Landauer seconded. Gersbach abstained. Motion carried. Wood suggested that Holiday Inn review and give an update to Commission members regarding their site plan. Tatman prese.ited renderings of project and reviewed and explained those to Commission members. Tatman stated they foreshorted the length of the building at the east -west wing, which had 2 units removed and the north -south, which also had 2 units removed. One more floor has been stacked to the south, which breaks up the massing of the building with one elevation higher than the other. Tatman presented renderings of the interior of the building. Larry Goad spoke from audience and had concerns of roof design with pitch. Commission members agreed that changes in design were more than acceptable arH commended architect on professional presentation. Other Business e.rs achrejoined Commission discussion. Dingwell mentioned concerns of neon light in Penalty Box window at the Avon Center. Blair mentioned joint meeting of April 2, 1985 with Town Council and Commission members from 4 - 8:00 PM, and the meeting o' April 4, 1985 for the Commission members to discuss the draft of the Sign Ccde at 5:30 PM. Landauer suggested that Commission continue with the Sign Code draft review. Wood presented information on the Avon Center Sign Program and stated that the neon sign at the Penalty Box is in District II. He stated it appeared to be an illegal sign. Blair suggested that Staff follow-up on this sign at the Avon Center. Landauer mentioned concerns of Savoy Square not being a well developed project and had concerns with the Fractionalization Ordinance perhaps being abused. Donaldson agreed with Landauer. Planning & Zoning March 28, 1985 Page 6 of 6 Meeting Minutes Other Business, Con't. Bill James, Town Manager suggested this could be resolved through a Subdividers Agreement. The Land Use attorney from Denver also has a problem with the piece of furniture in Savoy Square only because it has a door. He suggested that a SF basis might work. James felt that SF basis does not increase density in the town. If you have maximum lim`t on SF, they can put what they want in the interior. He explained that 600 SF or more could be considered 1/3 Development Right; 900 SF or more equals 1/2 Development Right; and 1,350 SF or more equals 3/4 Development Right. Donaldson agreed, but other circumstances led to divisions of fractions and that was an efficiency sleeps 2 people. What Savoy Square is presenting sleeps 4 people. He felt that seriously circumvents the Ordinance. Discussion followed. Landauer felt parking would also be a problem. James explained Subdividers Agreement to Commission members. Discussion followed on Fractionalization, parking and density. Donaldson maintained that Fractionalization was not based on SF, but on dividing walls, use of the space and definition of efficiency unit, etc. Discussion followed on SF and definitions of Ordinance. Landauer asked if James would relate these concerns to the Town Council. Jim Wells spoke from audience and asked if the problem was related to the wall or having a kitchen. Donaldson asked Wells his opinion on time share in Avon and how far it would go. Wells stated it is only allowed in the core area of town or TC Zone District. There being no further business to discuss, Donaldson motioned to adjourn the meeting. Gersbach seconded. Passed unanimously. Meeting adjourned at 10:05 PM. spectfully Sub ' ted, Margar M. Lach Recording Secretary Commission Approval p Date _ M. Blair P. Cuny J. Davis T. Landau C. Dingwe M. Donald C. Gersba