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PZC Minutes 100185RECORD OF PROCEEDINGS MINUTES OF PLANNING AND ZONING COMMISSION MEETING OCTOBER 1, 1985 The regular meeting of the Avon Planning and Zoning Comission was held on October 1, 1985 at 6:50 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: Mark Donaldson, Mike Blair, Jeff Maddox, Charlie Gersbach, Pat Cuny, Tom Landauer, Cheryl Dingwell Members Absent: None Staff Present: Norm Wood, Director of Engineering and Community Development - Ray Wright, Engineering Technician Maggie Lach, Recording Secretary Work Session Wood reviewed agenda items of October 1, 1985 with Commission members. Wood suggested that Commission read Revisions to Sign Code for next meeting. Reoular Agenda Items - 7:30 PM Avon Trader Inc. - A Portion of the NW 1/4 SE 1/4, Section 12, T5S. R82W, of 6th P.M., Eagle County. CO - Formerly known as the White Property - SPA Development Plan - Con't. from 9/17/85 Regular Meeting Maddox stepped down due to a potential conflict of interest. Blair stepped down due to a conflict of interest and turned the chair over to Vice Chairman Donaldson. Wood stated that application is for a Precise Plan for automobile service station with car wash, convenience store and office space. The proposed plan was reviewed by the Commission on August 29 and again on September 17, 1985. Public hearings were conducted at both meetings and the project was recommended for approval at the September 17, 1985 meeting. Since that time it came to Staff's attention that some of the adjacent property owners that should have been notified prior to the public hearings were not included on the list submitted by the applicant. Those property owners have since been notified and the public hearing must be re -opened for further input from the public, and the previous action of the Commission reconfirmed, modified, or reversed, whichever is appropriate after re -reviewing the project. Wood stated that a letter had been submitted by Frank and Imogene Doll protesting the project, and Staff had also had conversations with Mauri Nottingham who has expressed concerns for the project. An Ordinance has been incorporated which in essence would approve the SPA Plan, which would be presented to Council if that were the appropriate action. Planning & Zoning Meeting Minutes October 1, 1985 Page 2 of 8 Avon Trader Inc - A Portion of the NW 1/4, SE 1/4, Section 12, T55R82W of 6th P.M., Eagle County, CO - Formed ✓ known as the White Property - SPA Development Plan - Can't. from 9/17/85 Regular Meetina, Can't. Gary Tricarico, applicant, stated that he apologized for the oversight in notifying the adjacent property owners. He stated ha had received the letter written by the Dolls. Tricarico submitted photos of the site for Commission review showing existing screening along the river. He explained that there are 60-70 foot fir trees along the river, and their development is approximately 20-50 feet higher than sites across the river. The retaining walls in some areas are 12 feet high. Tricarico stated that the Nottingham and Doll property are east of the proposed development. He explained that retaining wall is about 40 feet south of fir trees and west about 30-40 feet. The fuel tanks are 100 feet from the water and within the 30 foot setback. Donaldson re -opened the public hearing. Mauri Nottingham, adjacent property owner stated his property is immediately north across the river from proposed project, about 500 feet to east and 1,000 feet west. He said he first heard about the project through the newspaper. He visited the site and layout of the project and saw there was no screening from rear of project on the plans. He took pictures of the site and saw there was no screening 500 feet to the west. At night there will be a Pester Station effect because lights would be above screening. He stated he coiAld not imagine the whole scenario. Plans for his property show residential and commercial uses which has been incorporated into the Master Plan. He believed the concept in Master Plan was to use the river for people to look at and did not feel this site was appropriate for a service station. Dean Koll of Zehren and Associates, representing Craig Folson who owns property immediately south across Highway 6 stated they are not totally for or against project, but have same concerns as Nottingham. Folson owns 1,100 feet of frontage from River Oaks to the School District. The gas station will be entering from Highway 6. Folson is concerned about cars coming in all day long and leaving at night. Concerned about landscaping, planting, views and cars coming An and out of project. Proposed project for Folson property has been schematically designed at about 12 feet above the road. All housing designed for site is on the front side of the lot. Koll believed entrance of Amoco was about 350-500 feet from River Oaks entrance. Froin the plans reviewed, entrance to Amoco is midway of Folson project. Long range planning proposed by Folson is a median in the middle of Highway 6 to get screening in middle of road instead of landscaping on either side of the right-of-way. Planning & Zoning Meeting Minutes October 1, 1985 Page 3 of 8 Avon Trader Inc. - A Portion of the NW 1/4 SE 1/4, Section 12, T55 R82W of 6th F' M Eagle County. CO - Formerly known as the White Property - SPA Development Plan - Con't. from 9/17/85 Regular Meeting. Con t. Frank Doll, representative of Imogene Doll, owner of adjacent property to east of Nottingham property stated that he had submitted a letter to the town opposing the development. Doll stated he would be opposed to the lighting and the service station being to the back of the project. All of the cars coming in during the evening would be shining their lights into his front window or Mauri's front window, unless there is dense screening, which is not attractive to look at. He stated his main concern is having an installation of petroleum products that close to the river where a spill could occur. He stated tie had seen 3 such spills and the fishing has never been the same. He believed it could happen again. He stated that he respected the right of a person to make a living, and respected the right of free enterprise, but his opinion is that this is the wrong project in the wrong place at the wrong time. Donaldson then closed the public hearing. Tricarico then reviewed plans with Commission regarding the retaining wall. He stated that the wall is slightly sloped and 12 feet high. He then went on to explain the concept of the Tensar retaining wall from the plans. He stated that he believed the car lights would not be seen from 500 feet away. The fuel tanks have not been put under asphalt so that any potential leaking would be discovered before it could saturate the ground. He stated that the proposed hours of operation would be from 6:30 or 7:00 AM to 10:00 PM. Commission then reviewed vlans submitted. 8ersbach felt most of the impact would be to the east of Nottingham Station. Nottingham felt that proposed residential uses for his property would be more compatible with the river frontage.. Dingwell stated she was opposed to the concept of SPA. She would rather see a plan for the whole annexed parcel to maintain continuity rather than pieced development. Wood stated that the SPA plan can be presented for all or a portion of the site. Discussion followed on the annexed White property. Dingwell stated that she was opposed to project and agreed with comments from the public hearing. She felt this project was on the wrong parcel. Landauer questioned Nottingham on the design of the project. Nottingham stated that lie was opposed to the project as it stands and perhaps the whole building needs to be redesigned. Landauer felt that Commission, applicant, adjacent owners and Staff should visit the site. Planning &< Zoning Meeting Minutes October 1, 1985 Page 4 of 8 Avon Trader Inc. - A Portion of the NW 1/4 SE 1/4 Section 12 T5S, R82W of 6th P.M., Eagle County. CO - Formerly known as the White Property - SPA Development Plan - Can't. from 9/17/85 Regular Meeting, Con't. Lengthy discussion followed. Cuny felt that lighting could be a problem, but felt that the design of building fits in with neighborhood and would be appropriate use on that site. She did feel a site visit would be helpful. Gersbach agreed with Cuny. Donaldson felt that regarding sensitivity of the site development, that this was acceptable use for property, but landfill portion of grading is not sensitive to the natural features of the site, the retaining wall is an artificial use and the circulation on the property with slopes and grades will not work on a busy traffic day. Donaldson questioned the topo map, which showed at west end of wall that there appeared to be an 18 foot difference in existing grade and the top surface of parking level, which diminishes to 10 feet at other end. Tricarico stated that was probably the only location as the grades change quickly. Donaldson observed that 1/3 of the retaining wall is 16-18 feet high. Wood stated that status of this application and action from last meeting was null and void due to notices of public hearing being incomplete. Gersbach motioned to continue application for on-site visit of site and that visit be scheduled the day before the next meeting at 5:30 PM on October 14, 1985. Cuny seconded. Blair and Maddox. abstained. Motion carried. Buck Creek Plaza - SRU - Transfer of One Residential Development Right - Lot 72, Blk. 2. BM C BC - Public Hearing Blair and Maddox, rejoined Commission discussion. Wood stated that application is a Special Review Use to transfer one Residential Developmer': Right from the Benchmark at Beaver Creek unassigned unit pool to what is now a commercial condominium unit in the Buck Creek Plaza Condominiums. The proposed unit is 401 which has a total floor area of 1,122 square feet, and as office space, the parking requirement would be 3 or 4 spaces, and as a residential unit, 2 spaces. The Buck Creek Plaza Condominiums is located in the SC (Shopping Center) Zone District which allows apartments and condominium units. Town records indicate the Benchmark at Beaver Creek unit pool currently contains 5 Residential Development Rights, and with this transfer, would then have 4 Residential Development Rights. Buck Creek Plaza would then have assigned density of 7 Residential *0 Planning & Zoning Meeting Minutes October 1, 1985 • Page 5 of B Buck Creek Plaza - SRU - Transfer of One Residential Development Right - Lot 72 Blk 2 BM @ BC - Public Hearing. Con t. • Development Rights. The proposed density transfer appears to conform with Zoning Regulations, and one of the goals outlined in the Adopted Working Goals of the Development Plan is to "Permit the inclusion of lodging or residential uses within commercial development...." Linda Rodgers, representative of Benchmark at Beaver Creek stated that this commercial condo is on the third floor- of Buck Creek Plaza at the north end and is surrounded by residential condominiums. She stated that they had not been able to generate interest in the commercial use of this space, and believed best use was to turn it into residential unit, which eventually could be leased or sold. Cuny stated she did not have a financial conflict of interest, but is part of partnership that owns 46% of building, and they are in favor of the proposal. Blair opened the public hearing. There being no one wishing to be heard, the public hearing was closed. Donaldson motioned to approve, and recommended Council approve the transfer of one Residential Development Right to Buck Creek Plaza Condominiums based on Section 17.20.020, Granting of Special Review Use, A -C, and Section 17.20.040, Special Review Criteria, A --E. Dingwell seconded. Passed unanimously. Lots 45 & 46. Blk. 2 BM @ BC - Zone Change - RHLD to RHDC - Public Hearing Wood stated that this request for a zone change be reviewed along with the Special Review Use for time share on Lot 45, Block 2, Benchmark at Beaver Creek. Gersbach stepped down due to a conflict of interest. Wood stated that ALV Venture and Resort America Development Corporation, represented by Cole and Sutton P.C. have requested a zone change from RHLD (Residential High and Low Density) to RHDC (Residential High Density and Commercial) for Lots 45 and 46, Block 2, Benchmark at Beaver Creek. The stated purpose of the zone change is to allow consideration for Special Review Use request for time sharing of Falcon Pointe Lodge on Lot 45, Block 2, Benchmark at Beaver Creek. Wood then reviewed current zoning for the RHLD Zone and RHDC Zone Districts. He then reviewed goals for Development District 3, 1-7, and Suggested Criteria for Review, 1-3. Mart: Mitchell, representative of Phil Winn, owner, and Columbia Savings and Loan suggested that a more appropriate approach to take would be to amend the zoning code to allow a Special Review Use in the RHLD Zone District for time share. He then reviewed goals for Development Districts 2 and 3, and presented exhibits outlining the site, units, proposed revenues, occupancies, transportation, and employment impact. G Planning & Zoning Meeting Minutes October 1, 1985 Page 6 of 8 Lots 45 & 46. Blk. 2. BM @ BC - Zone Change - RHLD to RHDC - Public Hearing. Can't. Mitchell stated that he felt time share was an appropriate use for this site. Blair opened the public hearing. Bronson Rumsey, a Beaver Creek West condominium owner and member of Condo Association Board of Directors stated that being adjacent owner to Falcon Pointe, the Board of Directors would not support time sharing. Rumsey read letter from Board of Directors of Beaver Creek West dated September- 24, 1985 stating they oppose the change in zoning and requested use of time share. Other points from letter stated that sales techniques are high pressure, increased units would add undesireable impact to roads, area facilities, and decrease property values, and that the transfer tax would not pay its fair share over the years. The letter was signed by Kent T. Kelly, President of Beaver Creek West Condcminiums. Rumsey stated that his personal opinion was that the unfavorable publicity in the newspapers would not help the Avon area. Dick Taxman, a member of the Board of Directors for Beaver Creek West stated that he anticipated traffic problems in high season, and that the publicity in the Vail Trail did not help. He was opposed to time share. Lengthy discussion followed between Commission, opponents, and applicant. Blair closed public hearing. Mitchell stated that the end use for the site was time share and not commercial uses. He suggested again to amend the RHLD Zone to allow time share as Special Review Use. Lengthy discussion followed. Dennis Cole, attorney for Resort America Corporation, which is Christie Lodge Association Ltd. explained revenue figures presented and stated that assumptions are based on complete sell-out of the time share units. He stated that time share would be sold off-site in Chicago, Houston, and Dallas, and that on-site sales room would not be located in the Falcon Pointe Lodge. Potential customers would be taken to Christie Lodge for the presentation. It stated it would take 15 months to sell-out. Cole then explained marketing procedures and number of sales. Cole then explained the legalities involved with their Chicago o+iice that had received bad press in the Vail Trail, regarding Re•:ort America Corporation. Cole reiterated that amendent to RHLD Zone be considered as recommendation to Council to allow time share as Special Review Use. Cuny did not feel time share was the answer nor was Resort America the right group to market the project. Cuny motioned to deny, and recommended Council deny the requested zone change and the applicants request to amend the RHLD Zone District to allow time shore as Special Review Use. Planning & Zoning October 1, 1985 Page 7 of 8 Meeting Minutes Lots 45 & 46 Blk 2 BM @ BC - Zone Change - RHLD to RHDC - Public Hearing. Con t. Landauer seconded. Dingwell opposed. 6ersbach abstained. Motion carried. Lot 45 Blk 2 BM @ BC - SRU - Falcon Pointe Lodge - Time Share - Public Hearing Blair reiterated that this item was discussed along with the requested zone change for Falcon Pointe Lodge, and that the public hearing had been conducted for this item. Dingwell motioned to continue the application for Special Review Use for time share to next regular meeting. Donaldson seconded. 6ersbach abstained. Motion carried. Reading & Approval of P & Z Minutes of 9/17/B5 Regular Meeting Sersbach rejoined Commission discussion. Cuny motioned to approve the minutes of September 17, 1985 as submitted. Dingwell seconded. Passed unanimously. Other Business Blair reminded Commission members to read revisions to Sign Code and that there would be a site tour of the Amoco Service Center on October 14, 1985 at 5:30 PM. There being no further business to discuss, Donaldson motioned to adjourn the meeting. Cuny seconded. Passed unanimously. Meeting adjourned at 11:15 PM. Respectfully Sub 'tted, _ L ✓ Marga M. Loch Recording Secretary Planning & Zoning Meeting Minutes October 1, 1985 Page 8 of 8 Commission�pprov 1 M. Blair 111 P. Curly T. Landauer C. Dingwell L//ffe J. Maddox <4 f M. Donaldson C. Gersbach Date ��