PZC Minutes 012087G
RECORD OF PROCEEDINGS
MINUTES OF PLANNING AND ZONING COMMISSION MEETING
JANUARY 20, 1987
The regular meeting of the Avon Planning and Zoning Commission was held
on January 20, 1987 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, J=ff Maddox,
Pat Cuny, Buzz Reynolds, Mart: Donaldson,
Tom Landauer
Members Absent: None
Staff Present: Norm Wood, Director of Engineering and
Community Development - Jim Lamont, Planning
Consultant - Ray Wright, Engineering
Technician - Maggie Lach, Recording Secretary
Staff Work Session
Wood reviewed agenda items of January 20, 1987 with Commission.
Regular Agenda Items - 7:35 PM
Holy Cross Electric Assoc.. Inc -A portion of Section 1 & Section 2.
T5S R82W & Section 12 T5S R82W of the 6th PM - Power Line Upgrade
from 69KV to 115KV - 5.R.U. - Public Hearing
Wood stated that Holy Cross Electric has applied for Special Review Use
approval to upgrade an existing electric transmission line from 69KV to
115KV. This existing transmission line runs from the electrical
substation on Metcalf Road easterly to the Town boundary and then
beyond the Town boundary to an electrical substation in Eagle -Vail.
The line proposed for upgrade is the southerly line of the two existing
lines. The proposed alignment generally follows the same alignment as
the existing line. The plans submitted indicate a relocation of only
two support structures. The existing wooden support structures will be
replaced with steel support structures. Support structures on tangent
sections will consist of single steel poles, and structures at angle
points will consist of three steel poles. The typical tangent section
structures are shown as 70 feet tall which is 18 feet taller than the
existing two pole structures. The typical angle point structures are
shown as 57 feet tall which is 5 feet taller than the existing three
pole structures. Steel structures are to be galvanized with a color
finish designed to minimize visual impact. Plans submitted with the
application have been reviewed primarily to evaluate visual impacts of
the proposed upgrade. Based upon this review, Staff feels the visual
impact of the proposed upgrade will not increase significantly. In
some areas the impact may be reduced somewhat by the use of single pole
structures in place of the current two pole structures. Alternate
locations were also considered in this review and it does not appear
that the visual impact of the project would be reduced significantly
within the Town boundaries through relocation of the line. The plans
were also reviewed for compatibility with the Wildwood and Buck Creek
Road plans. It appears that the two revised structure locations may
conflict with the approved roadway plans. The existing structures are
shown as being located outside the roadway construction limits and the
Flanning & Zoning Meeting Minutes
January 7.0, 1987
Page 2 of 10
Holy Cross Electric Assoc.. Inc Power Line Upgrade from 69KV to 115KV
S.R.U. - Public Hearing. Con t.
proposed structure locations appear to be within the construction
limits. Other items which should be addressed include the possible
expansion of existing access roads or construction of new access roads
required for construction of the project. These should be treated as a
separate review process. Revegetation of all disturbed areas is also
very critical due to the erosion potential of this project. These
particular items become especially critical in view of the applicants
past performance in related areas: A landscape plan for the substation
on Metcalf Road was approved by the Design Review Board in October of
1980. The resultant landscaping does not fully conform with the
approved plan. A Special Review Use for the upgrade of an existing
transmission line between the Wolcott Substation and the Metcalf Road
Substation was approved in March of 1983. One of the conditions of
that approval was: "That the existing access road to the existing
transmission line which is visible from Metcalf Road be removed and
revegetated after the proposed line is installed within the Town of
Avon". Installation of the line is complete and no effort has been
made to remove the access road and revegetate the area. The location
of the project beyond the Town boundaries is not a part of this
application. The most visible portion of the line is located east of
the existing Town boundary. This area does have potential for future
annexation and development as well as being highly visible from the
main entryway to the Town. Approval for this portion of the project
will be by Eagle County rather than the Town of Avon. It may be
appropriate for the Town to express its concerns regarding the line
location through this area and request that Eagle County take this into
consideration in the review of the project. Wood stated that Staff
recommends approval of the Special Review Use application subject to
the following conditions: 1) That the existing access road to the
existing transmission line which is visible from Metcalf Road be
removed and revegetated as required by the Special Review Use approved
March 22, 1983; 2) That a revised landscape plan for Lot 10, Block 1,
Benchmark at Beaver Creek (Metcalf Road Substation) be approved by th-
Tor+n of Avon and all construction completed prior to issuance of a
construction permit for the transmission line upgrade as per this
Special Review Use application; 3) That no existing access roads be
modified and no new access roads be constructed; 4) Ttat no land be
disturbed until a revegetation plan has been reviewed and approved by
the Town of Avon; 5) That the two structures shown in revised location
be installed in the same location as existing structures to avoid
interference with future road construction in accordance with approved
plans; 6) Any changes within the Town boundary which may be required as
a result of the Eagle County review and approval process be resubmitted
to the Town of Avon for review and approval. If the Commission concurs
with Staff, the corresponding action can be taken by the adoption of
Resolution 87-4.
Richard Brinkley, manager of Engineering Services for Holy Cross stated
that alternatives that were considered were: 1) consideration of
underground transmission facility, which has problems with extreme
cost, problems with right-of-ways, and terrain; and 2) relocation of
facility, which would not work because transmission line will be a
distribution feed.
Planning & Zoning Meeting Minutes
January 20, 1987
Page 3 of 10
Holy Cross Electric Assoc Inc Power Line Upgrade from 69KV to 115KV
S.R.U. - Public Hearino. Can"t.
Brinkley then explained the construction +rom pla-is submitted, i.e.,
what is proposed and existing in the way of pole structures. Brinkley
presented slides of the Metcalf Road substation and surrounding area
for Commission review and comment. He also presented a sample of the
galvanized pole material.
Blair then opened the public hearing.
Blair stated that a letter had been received from Georges Boyer,
adjacent property owner, that stated: "The undersigned cannot attend
your meeting of January 20, 1987, so is using this letter to urge you
to make the proposed change in transmission lines by Holy Cross
Electric dependent on their doing something substantial concerning the
appearance of their substation on Metcalf Road. Would you please
insist that any approval of this change by you be contingent on Holy
Cross submitting a plan for landscaping and improving the appearance of
the area of their substation satisfactory to you and on their
completing the work approved by you within a time limit set by you.
The work would be subject to your inspection and approval."
Lamont then discussed realignment of power poles and reviewed slides
with Commission.
Bob Poole of the Forest Service stationed in Minturn stated that the
principal reason they had a meeting in the morning with the Town Staff
and Holy Cross was to review the minor changes and to reaffirm the
Forest Service feelings on those changes. Poole stated that the
proposed realignment was acceptable to the Forest Service. He further
explained changes from the plans submitted.
Brinkley stated his concern was with the revegetation of Metcalf Road
and the landscape plan for the Metcalf Road Substation, which was
contingent upon a construction permit. He felt that these items could
be taken care of, but wanted to know specifically which road was to be
revegetated.
Wood stated he was not positive, but the most visible is the road off
of Metcalf to the west.
Brinkley did not feel that this was really part of the approval in
question, but was willing to work with the Town.
Discussion followed.
Blair then closed the public hearing.
Discussion followed on landscaping around the substation on Metcalf
Road.
Donaldson motioned to modify Resolution 87-4, deleting condition #1 and
modifying condition #2 to read, "That a reasonable and mutually
agreeable landscape plan for Lot 10, Block 1, Benchmark at Beaver Creek
(Metcalf Road Substation Site) be approved by the Town of Avon."
Gersbach seconded.
Donaldson amended motion to include that landscaping be implemented
within 6 months and that not be a condition to withhold the Special
Review Use permit.
Gersbach amended second.
Passed unanimously.
Donaldson motioned to adopt Resolution 87-4 as amended.
Landauer seconded.
Passed unanimously.
Planning & Zoning Meeting Minutes
January 20, 1967
Page 4 of 10
Holy Cross Electric Assoc. Inc. Power Line Upgrade from 69KV to 115KY
S.R.U. - Public Hearing Con t.
Blair stated that Staff proposed a letter that would be sent on to
Eagle County in consideration of this application.
Wood explained that letter was prepared for Eagle County Planning
Commission and requests that the Planning Commission take a look at the
location of the line before it leaves the Town boundaries to the east.,
going into the! Eagle -Vail substation, requesting the same review which
is beyond the Town's boundaries, but within the County.
Maddox motioned to forward the letter to Eagle County as written.
Cuny seconded.
Passed unanimously.
Lot 11 Blw 1 BM @ BC - Avon Auto Body - Variance Request Aboveground
Propane Tank - Public Hearing
Donaldson stepped down due to a conflict of interest.
Wright stated that Louis Medeiros, owner of Avon Auto Body and Frame,
has requested a variance from the Zoning Code to allow placement of a
500 gallon, aboveground propane tank, on Lot 11, Block 1, Benchmark at
Beaver Creek. Section 17.20.180(B), of the Zoning Code states: "All
permanent +vel storage tanks shall be completely buried beneath the
surface of the ground." The applicant proposes to place the tank
within the enclosure at the northeast corner of the site. This area is
currently planned as a storage area for demolished vehicles. The
enclosure is approximately 14' x 40' and is surrounded by a 6' high
fence.
Louis Medeiros, applicant and owner of Avon Auto Body stated that the
tank is in the northeast corner of the landscaping berm on the lot, and
is facing horizontally east and west, and the tank would be between the
fence and the berm. Access would have to be provided to fill the tank.
This location would isolate the tank from vehicles and from sight.
Blair then opened the public hearing.
Blair stated that a written response was received from Georges Boyer,
an adjacent property owner which states: "The undersigned, part owner
of Lots 14 and 15, Block 1, Benchmark at Beaver Creek, on his own
behalf and on behalf of the co-owners, Katharine J. Boyer, Diane J.
Boyer and Jocelyn M. Boyer wishes to register his and their strong
disapproval of the proposed variance which would allow the installation
of an aboveground propane tank on Lot 11. There is no earthly excuse
for this variance. The installation of such a fuel tank would further
detract from the appearance of this property on Metcalf Road and affect
the adjacent properties adversely. The installation of such a fuel
tank would only serve the purposes of the lessee in reducing his costs
of installation to the detriment of all concerned. Bad enough that we
have another automotive repair shop on Metcalf Road but this variance
would merely add insult to injury.
Discussion followed on underground tank.
Medeiros stated that the waiting period for an underground tank is
between 30 and 60 days and has to be manufactured. Medeiros did not
feel the taiik wrulu be visible because it would be between the 6' high
fence and the berm, which is 8' high.
Planning & Zoning Meeting Minutes
January 20, 1987
Page S of 10
Lot 11 Blk 1 BM @ BBC - Avon Auto Body - Variance Request Aboveground
Propane Tank - Public Hearin Con t.
Reynolds had 7iafety concerns of an aboveground tank.
Medeiros stated that even if the tank were to leak, a spark would have
to ignite it. All of his work is being done inside the building. The
tank would also have to be placed 10' away from the building.
Discussion followed on aboveground tanks, economics of buried tank, and
safety.
Wood stated that the Fire Department had no problem with an aboveground
tank as long as it was 10' away from the building, buried or not.
Lengthy discussion followed on aboveground tank.
Medeiros stated that when he became involved with the property, he was
not aware that natural gas was not available. He stated that he and
the developer both overlooked that point. He explained that he looked
for a tank that could be buried, and is still looking for one. He
stated that they are very rare, and very expensive.
Cuny felt that the tank should be buried because it is written in the
Ordinance, and would be more in keeping with the aesthetics of the
building.
Medeiros had concerns that this would be a temporary application
because if natural gas were to become available, he would have to
remove the tank within 30 days of gas becoming available.
Blair then closed the public hearing.
Discussion followed on the location of the tank from the plans
submitted.
Landauer stated that the tank would not be visible and he did not feel
a precedent would be set.
Discussion followed.
Paul Kaiser offered public input and stated that aboveground tanks are
safe. He worked for a private campground that had many tanks for
camping trailers and motorhomes. He stated if a spigot were to be
ruptured, a flame would have to ignite it, and then, it would have a
torch effect rather than the whole tank exploding. He felt they were
very safe.
Blair thanked Kaiser for his input.
Landauer motioned to approve Resolution 87-3, approving the variance
request for the aboveground tank, with the stipulation that the tank be
reviewed in 3 years, and with the conditions of: 1) The tank be located
between the vehicle storage lot fence and the landscape berm at the
northeast corner of the site; 2) that the tank be adequately screened
from Metcalf Road by the berm and landscaping; 3) the tank type and
installation comply with all Fire Department regulations; and 4) the
tank be removed from the site within 30 days after natural gas is
available to the site.
Reynolds seconded.
Donaldson abstained.
Motion carried.
Landauer motioned to adopt Resolution 87-3 as amended.
Cuny seconded.
Donaldson abstained.
Motion carried.
Planning & Zoning Meeting Minutes
January 20, 1987
Page 6 of 10
Lot 45 Blk. 2. BM @ BC - Falcon Pointe Lodge - S.R.U. - Transfer 1
R.D.R. from Lot 46 Blk. 2. BM @ BC - Public Hearing
Donaldson rejoined Commission discussion.
Wright stated that this application is for approval of a Special Review
Use to transfer 1 Residential Development Right (RDR) from Lot 46,
Block 2. Benchmark at Beaver Creek, to Lot 45, Block 2. Lot 46 was
divided into 2 parcels when a portion of it was foreclosed on along
with the Falcon Pointe project. The applicant, ACP Inc., which now
owns Falcon Pointe, requests that one of the RDR's assigned to Lot 46
be transferred to Lot 45. The transfer of this RDR is necessary for
the renovated Falcon Pointe Lodge to meet the regUirements of the
Fractionalization Ordinance. Lot 45 currently has 30 RDR's assigned to
it, but the renovated project requires 31 RDR's due to the size and
number of the remodeled units.
Blair stated the representative of applicant, Mark Mitchell was present
for the Staff work session and asked to be excused because he had to go
out of town.
Blair then opened the public hearing.
Wright stated that Beaver Creek West Owners Association had called and
asked if this request was going to change the physical nature of the
project. He explained that it would not, and Beaver Creek West stated
that they had no problem with the request.
Blair then closed the public hearing.
Cuny motioned to adopt Resolution 87-2, recommending Council approve
the Special Review Use to transfer 1 RDR for Falcon Pointe Lodge.
Landauer seconded.
Passed unanimously.
Tract Q Blk 2 BM @ BC - Benchmark Shooging Center - Vacation
Properties Network - Business Sion Design Review
Landauer stepped down due to a conflict of interest.
Wright stated that Ski & Shore Real Estate was recently sold to
Vacation Properties Network, and as a result, they are requesting
design review of new business signs that they would like to place on
the Benchmark Shopping Center. Benchmark Shopping Center currently has
an approved sign program, but the applicant wishes to deviate from that
program and has submitted plans for their proposed signage. They have
also had Jim Cunningham, owner of the Benchmark Shopping Center, review
their plans. He has submitted a note stating that he has reviewed the
plans and has no problem with the proposed signage. The approved sign
program for the Benchmark Shopping Center allows individual businesses
to erect signs on the fascias of the building. The program describes
the vertical height of the sign area as 18". The columns supporting
the fascia and the overhang are approximately 15 feet apart. When you
subtract approximately 4.5 feet from this area you are left with
approximately 10.5 to 11 feet in length. This, multiplied by the 18"
height allowed, totals approximately 16 square feet of fascia sign area
per business. The program also limits letters on the signs to a height
of 10", and provides for the use of logos on the signs. The sign
program also allows each ground level business to have an "arcade" sign
which is to hang below the soffit. The area allowed for this sign is
approximately 3 square feet per side for a total allowance of 6 square
feet. These calculations for the signs allow each business
approximately 22 square feet. This sign program was approved on
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Planning & Zoning Meeting Minutes
January 20, 1987
Page 7 of 10
Tract Q. B11• 2 BM @ BC - Benchmark Shopping Center = Vacation
Properties Network - Business Sion Design Review, Con't.
November 29, 1984, with the condition that all signs on the building
would conform with the sign program within two years. The two years
has passed and, to date, there are no signs on the building that
conform to the sign program. The approved program calls for new 1" x
4" gray trim boards to be installed around the fascias to define the
various areas where signage would be allowed. The landlord is
responsible for seeing that the conditions of the sign program are
adhered to, and the landlord has made no obvious effort to put the
program into effect. The applicant is proposing a fascia sign that
measures approximately 2' x li', for a total of 22 square feet. The
logo for the business, located at the left of the sign, is proposed to
be approxiamtely 30" in height, which adds approximately .5 square feet
to the total area. They are also requesting approval for a smaller
sign that they wish to erect on the west side of the building. Wright
explained that the style and materials proposed are different from
those called for in the sign program. The applicant proposes that the
signs be either sandblasted wood, with the letters and logo being
raised from the background, or wood -on -wood, with the background being
flat .%tnd the letters and logo being mounted on it. The background is
proposed to be dark green and the logo and smaller logo sign on the
west side of the building is to be the same as the larger sign.
Lighting for the signs will be as described in the sign program.
Jackie Montgomery, formerly an owner of Ski & Shore Real Estate stated
that the sign she is requesting is not a backlit sign, and would be
approximately 2' r. 11', and the logo that is attached to the sign is
30" in height. Montgomery presented rendering of the proposed sign and
stated that the dark green is PMS #341, the letters would be white, and
the sign would be sandblasted with a raised border, with the logo
superimposed on the sign. Montgomery stated she would like to have Mr.
Cunningham change his sign program so that businesses in the building
are better identified.
Discussion followed on the sign program for the Shopping Center.
Cuny suggested that the tenant speak with the landlord to revise his
sign grogram.
Maddox, felt that the sign was well done, but agreed that the sign area
should be smaller.
Donaldson felt that the gray border trim would not be necessary.
Discussion followed.
Maddox, motioned to approve the sign as submitted with the conditions
of: 1) that the height of the main body of the fascia sign be reduced
from the proposed 24" to no higher than 18"; 2) that the logo be
reduced in size so as not to exceed a maximum of 24"; 3) that the
length of the sign not exceed the 10.5 to 11 foot length limit called
for in the sign program; 4) that the lettering on the signs not exceed
the maximum of 10" in height; and 5) that the total area for the fascia
sign not exceed the 16 square feet maximum allowed in the sign program.
Donaldson seconded.
Landauer abstained.
Motion carried.
Planning & Zoning Meeting Minutes
January 20, 1967
Page B of 10
Tract Q Blk 2 BM @ BC - Benchmark Shopping Center - Vacation
Properties Network - Business Sion Desipn Review, Con t.
On the same item, Wright stated that Montgomery requested a temporary
sign until a permanent sign could be made. The Sign Code states that
"A temporary sign is permitted for 1 week and maximum size is 16 square
feet."
The Commission agreed to hear the request.
Landauer stepped down due to a conflict of interest.
Montgomery asked if she could have a sign made according to the size
that was approved, but not go to the expense of a wood carved sign, but
have a painted sign that would be professionally done as per the
permanent approval, and put it up on a temporary basis, hoping that Mr.
Cunningham will adjust the current sign program.
Wood suggested that this be reviewed as a variance to the Sign Code,
which does not require a public hearing. Wood then reviewed Section
17.36.050, Findings Required for a variance.
Discussion followed.
Donaldson motioned to approve the variance request for a temporary sigr
for 90 days, based upon unusual and extraordinary circumstances, with
the same conditions as per the previous approval.
Cuny seconded.
Landauer abstained.
Motion carried.
Lot 25Blk 2 BM @ BC - Christie Lodge - Sion Program Design Review
Landauer rejoined Commission discussion.
Wright stated that the Christie Lodge Owners Association has applied
for design review of a new sign program for the project. They would
like to replace the project identification signs which are mounted on
the buildings at the east and west ends of the project, replace the
existing fre=standing sign by the main entrance to the project, and
replace the ci'rrent signage for businesses in the project. They are
requesting that the existing signage for "The Country Store" and
"Western Sun Sports" be allowed to remain.
The proposed sign program calls for signs to be made of sandblasted
redwood, with Teal Blue (PMS #321) lettering and border, on a white
background. Letter style is proposed to be "University Roman Bold
Display". The proposed program also requires that all new signage be
approved by the Owners Association as well as the Town's Building
Department.
Wright stated that there was no representative present from Christie
Lodge.
Wright presented submitted drawings of signs and written information on
the proposed sign program.
Discussion followed.
Landauer motioned to continue the application until a representative
was available for the presentation.
Maddox seconded.
Passed unanimously.
Planning & Zoning Meeting Minutes
January 20, 1987
Page 9 of 10
Lot 63, Blk. 2, BM @ BC - Peregrine Village - Extension Request for
Development Sign - Design Review
Wright stated that at the January 12, 1984, meeting, the Planning and
Zoning Commission granted an extension for the Peregrine development
sign, which was originally approved in October, 1981. According to
Section 15.28.080(H,3) (Development Signs): "In no case may a sign be
retained for more than two years, unless an extension is granted by the
Planning and Zoning Commission." Wright stated that applicant, Rick
Larson was not present for presentation.
Discussion followed.
Gersbach motioned to approve the extension request with the conditions
of: 1) that the border and mounting be repaired and rep:i^`_=d to
improve the appearance of the sign; and 2) that the sign be placed 10'
back from the right-of-way along Benchmark Road.
Donaldson seconded.
Passed unanimously.
Proposed Zoning Code Revisions - Con't. from 1/6/87 Regular_ Meeting
Public Hearing
Blair re -opened the public hearing as continued from the regular
meeting of January 6, 1987.
Wood stated that there had been no revisions put in place since the
previous meeting.
Blair then closed the public hearing until the next regular meeting of
February 3, 1987.
Review of Requested Changes to P & Z Procedures, Rules and Regulations
Wood asked that Commission review revisions to the Rules and
Regulations, and stated that it was important that these Rules be put
into working form soon.
Blair continued the review of the Rules and Regulations to the next
regular meeting on February 3, 1967.
Reading & Approval of P & Z Minutes of 1/6/87 Regular Meeting
Donaldson motioned to approve the minutes of the January 6, 1987,
regular meeting as submitted.
Cuny seconded.
Passed unanimously.
Other Business
Blair stated that information had been included in packets regarding a
workshop in Breckenridge to discuss municipal liability, antitrust, and
First Amendment as it relates to signs, billboards and adult
entertainment. This workshop will be held February 27, 1987.
Wood stated that if anyone was interested in attending, to let him
know.
Blair reminded Commission members to order their Avon turtleneck
sweaters through the Town Clerk.
Donaldson mentioned concerns of format in proceeding with agenda items.
Discussion followed_
Planning & Zoning Meeting Minutes
January 2u', 1987
Page 10 of 10
Other Business, Con't.
There being no further business to discuss, Maddux motionea to adjourn
the meeting.
Donaldson seconded.
Passed unanimously.
Meeting adjourned at 10:510 PM.
Res ctfully mitted,
ar M. Lach
Reco d ng Sar /
Comm ssion Approval 41� Date
M. Blair
a /
P.
Cuny _(—,
T.
Landauer
J.
Maddox _
M.
Donaldso
C.
Gersbach
A.
Reynolds