PZC Minutes 070588RECORD OF PROCEEDINGS
MINUTES OF PLANNING AND ZONING MEETING
JULY 5, 1988
The regular meeting of the Planning and Zoning Commission was
held on July 5, 1988, at 7:30 PM in the Town Council Chambers
of the Town of Avon Municipal Complex, 400 3enchmark Road,
Avon, Colorado. The meeting was called to order by
Chairwoman Pat Cuny.
Members Present: Pat Cuny, Tom Landauer, Frank Doll,
John Perkins, Denise Hill, Clayton McRory,
Buz Reynolds
Staff Present: Norm Wood, Director of Engineering and
Community Development; Jim Lamont,
Planning Consultant; Lynn Fritzlen,
Planner, Valerie McCoy, Recording
Secretary
Lot A Avon Center Benchmark at Beaver Creek Temporary Sign
Variance R quest, Continuation from 6/21/88.
Wood stated that the Planning and Zoning Commission
considered an application for a temporary sign variance
request at the June 21, 1988 meeting, for the Avon Center.
He stated that the proposed sign does generally conform with
requirements of a temporary sign. The variance request is to
allow the sign to be installed more than the seven days
allowed. Basically it would be a permanent fixture
throughout the summer months. Wood stated that in
considering this request, the Commission should go through
the review criteria. Wood reviewed this criteria. He also
reviewed the findings required. He stated that if the
Commission should make the required findings for the granting
of the variance, Staff recommends that the approval be
limited through September 30, 1988, to be consistent with
other variances for similar type signs. Woods stated th:;t
Jim Parks, representing Avon Center, was present to answer
questions and pr•>sent any additional information.
Mr. Parks stated that he had no other information to present.
He compared his proposed sign to the Wal-Mart sign, except
that it would be smaller. He stated that it would also be
hung better. He stated that his sign would be consistent with
all the other signs in the area.
Discussion followed on the fact that the sign would basically
be a permanent sig, (being up 24 hours a day, seven days a
week) through September 30th.
Cuny clarified the term "temporary sign" for Mr. Parks,
Planning and Zoning Commission Meeting Minutes
July J, 1988
Page 2 of 9
Lot A Avon Center Benchmark at Beaver Creek Temporary Sign
Variance Request Continuation from _6721/88 (cont.)
stating that the other signs that have been approved have
been approved to be put up on a temporary basis i.e. 3 hours
a day, or a special everts weekend.
Parks stated that his circumstance is different in that
rentals are not limited to certain hours of the day as the
breakfast signs that were approved.
Cuny asked why they did not pursue a permanent sign.
Parks stated that it was not in the budget. They do plan to
budget for it next year. They need the temporary sign now.
Further discussion followed on the matter of this request
being a permanent sign rather than a temporary sign.
McRory asked about the colors of the sign.
Parks stated it would be white background, blue lettering
Hill asked if he would consider putting the sign up from
Friday through Sunday. She stated she understood the neer; to
generate revenues, but cannot approve seven days a week, 24
hours a day.
Parks stated, eliminating special event weekends, that there
is no difference between the normal weekends and the rest of
the week.
Discussion followed regarding the use o+ a vacancy sign or a
sign stating hotel registration, rather than the use of a
banner.
Parks stated that he would comply with any dF_ision the
Commission makes.
Doll moved to deny the applicant's request and direct the
applicant to pursue a permanent sign for his purposes.
Perkins seconded.
The motion carried unanimously.
Portion Lot 46/47 Block 1, Benchmark at Beaver Creek,
Mountain Res prt Condominium Residences,. Phoenix Discovery
Group Design Review.
Wood stated that the Phoenix Discovery Group has submitted an
application and plans for design review for a 12 unit
residential condominium project on the easterly portion of
Lot 46/47, Block 1, Benchmark at heaver Creek. This is the
easterly portion of what was the Chambertin Townhomes
project. Proposed construction would be on the existing
foundation which was originally constructed for the fourth
building of the Chambertin project. The proposed project
consists of twelve one -bedroom units, a laundry room and
vending area and fourteen coverQd parking spaces. The
proposed building is three story, each o+ the units are
approximately 594 square feet of floor Ecea. Eight of the
units have fireplaces. Under the proposed 594 square foot
Planning and Zoning Commission Meeting Minutes
July 5, 1988
Page 3 of 9
units, 1/3 of the development right would be utilized for
each unit for a total of 4 development rights which are
assigned to the site. building materials include stucco,
tongue and groove redwood siding, part of the root is flat
and part is a metal roof, proposed as Moss Green, accent
trims and metal rails are also green. Landscape materials
are basicall-I dry land type landscaping which includes clover
with 20% wildflower mix, some red osier dogwood,
purple -leaved sand cherry, flowering crabapples and
cottonwoods. Irrigation will be by hand due to site
limitations and soil constraints of this particular site.
Parking provisions include 12 full sized covered spaces, L
compact covered spaces and 8 full sized surface spaces for a
total of 22 spaces. Parking required for 12 one bedroom
units include 1-1/2 spaces per unit plL.s 4 guest spaces for a
total of 22 spaces.
Wood stated that the Staff comments are based on Staff review
of the proposed project based on plans received through June
29, 1988. He stated tiiat the proposed project does not
conform with requirements of the zoning code as amended by
Ordinance No. 88-11 and as adopted by the Town Council on
June 28, 1988. The zoning code allows a maximum of ten units
on a property assigned four residential development rights.
The proposed project exceeds this by two units. He stated
that the application does not coni�orm with the notice
requirements for public hearing required prior to final
design approval as stipulated in the Administrative Procedure
for Fractionalized Projects as adopted by the Town Council on
June 28, 1988. Wood stated that these were two major
concerns in review of the project. In going through the
review the Commission should consider the Design Review
Guidelines from Section 6.00 of the Planning and Zoning
Commission Design Procedures Rules and Regulations. in
addition to that, the Commission should consider the criteria
from the Administrative Procedure for Fractionalized
Projects. Wood then reviewed the criteria. He stated that
the applicant was present to answer any questions the
Commission might have.
Thomas Weber, of Great Divide Construction, stated he was
representing one of the partners and representing Phoenix
Discovery Group. He stated that they had made their
application prior to the adoption by the Council of Ordinance
No. 88-11 and the Administrative Procedure for Fractionalized
Projects and they feel they are not required to comply. He
stated that they feel they have addressed all previous
concerns of the Commission. He described changes that they
have made from their previous design. He stated that they
have communicated to the Chambertin people their- willingness
to help solve the emergency access problem to the Chambertin
property. He stated that they are restricted by the drainage
01
Planning and Zoning Commission Meeting Minutes
July 5, 1988
Page 4 of 9
Portion Lot 46/47, Block 1 Benchmark at Beaver Creek
Mountain Resort Condominium Residences Phoenix Discovery
Group, Desing_Review, (cont_)
problem created if the access is developed entirely on their
pr-operty. They feel that: a ramp can be cut into the
Chambertin drive that will enable emergency vehicles access
all year round. The cut would maintain proper drainage away
from their unit as well as from the number two Chambertin
Unit. He stated that they have included the emergency
access, to their property line, as part of their site plan.
He stated it was their intent to complete the remaining five
of the 29 piers that need to be placed under their foundation
at the time of construction. He stated that the retaining
walls had been inspected and found to be sound due to the
fact that neither the area drains nor the sanitary drains
were hooked up. They plan to create new sanitary drains and
area drains at time of construction. The foundation will be
inspected by the structural engineers and will be certified
prior to being built on. He stated that Mark Donaldson would
present the information regarding the design Df the project.
Cuny stated that the only grandfathering the Town Council did
when adopting Ordinance No. 88-11 was for any project that
had received preliminary approval prior to adoption of the
ordinance. She asked, since the proposed project is over the
maximum by two units, if the applicant wanted to proceed with
the design review.
Donaldson stated that they object firmly to that
interpretation of the law and do wish to continue.
Discussion on the colors for the project followed.
Discussion followed on the emergency access lane and the
drainage problem and the maintenance of the access.
Cuny asked if Wood saw any problem with the emergency access?
Wood stated that it can work.. It would not be a connection
that would be a driveway, but would be adequate to allow
emergency vehicles from one project to the other.
Discussion followed on the need for the Commission to review
the project under the new criteria as set forth with
Ordinance 88-11 and the Administrative Procedure for
Fractionalized Project.
Jim Lamont reviewed his comments regarding this project and
the Goals for Development District Three.
Discussion followed on the building design and site plan.
Doll moved to grant preliminary approval to site plan and
exte'rior building design, with the condition that the
applicant comply with the Fractionalization Ordinance No.
88-11 regarding the maximum of ten units and the
Administrative Procedure requirements for Public Hearieg
Notices.
McRory seconded.
The motion carried with Landauer and Hill voting nay.
Planning and Zoning Commission Meeting Minutes
July 5, 1988
Page 5 of 9
Lot 4 Black 1._,_ Wildridge Subdivision. Ridneline
Condominiums Phoenix Discovery Group Design Review
Wood stated that Phoenix Discovery Group has submitted an
application and plans for design review for a 10 unit
residential condominium project oo Lot 4, Block 1, Wildridge
Subdivision. The proposed project consists of four, 796
square foot, two bedroom units in one building and six, 592
square foot one bedroom units in a second building. The
proposed project utilizes the fractionalization provisions of
the zoning code, using four development rights to construct
ten residential units. The proposed project is located in an
SPA Zone District with four residential development rights
assigned to the particular lot.
Both buildings are three story with a garage for each unit on
ground level and living units above. Building materials
include tongue and groove redwood siding with
semi -transparent stain, stucco in Nicy morn'r color, clad
windows, wooden shingles and facias and trim is also proposed
with a semi -transparent stain on redwood. Proposed
landscaping materials include serviceberry, potentilla,
pfitzer juniper, cottonwood, blue spruce, flowering crabapple
and kentircky bluegrass sad. Irrrigation system is not noted.
Wood stated that additional plans may have been received
after the Staff report was written, so there may be some
variation on some of the comments made.
Parking is provided with a garage for each of the ten units,
six spaces in central parking area and four spaces in front
of the four-plex garages.
Wood stated that the proposed project appears to generally
conform with requirements of the zoning code, including the
amendments in Ordinance No. 8e-11 as adopted by the Town
Council on June 28, 1988. The application does not conform
with the notice requirements for public hearing as stipulated
in the Administrative Procedure for Fractionalized Projects
as adopted by the Town Council June 28, 1988. Elevations for
the four-plex do not appear to match the floor area.
Differences appear to be in the garage entry area. These
have been corrected on later versions. Four of the required
20 parking spaces are located in front of the four -plea
garage entries. Site topography does not extend to the
easterly lot line. This has been corrected. Brading behind
the six -plea units extends beyond existing topography limits.
vue to steep grades in this area, care should be taken to
assure that fill slope can tie into existing grades without
exceeding maximum slope of 1-1/2:1. Limited drainage details
do not appear to provide positive treatment of parking lot
runoff. Concentrated drainage discharge could create serious
erosion problems to steepness of grades on this and the
adjoining properties. Irrigation system for proposed
landscaping is not shown. Design details for trash enclosure
Planning and Zoning Commission Meeting Minutes
July 5, 1988
Page 6 of 9
Lot 4 Block 1, Wildridge Subdivision Ridoeline
Condominiums Phoenix Discovery Croup, Design Review, (cant.)
have not been provided. Entrance sign and lighting details
have not been provided.
Wood state that in reviewing this project the Commission
should consider the Design ''eview Guidelines from Section
6.00 of the Planning and Zoning Commission Design Procedures
Rule=_ and Regulations and in addition the Administrative
Procedure for Fractionalized Projects criteria should be
considered. He then reviewed this criteria.
Wood stated the applicant was present and may wish to present
additional information. As noted, a number of the Staff
comments have been addressed, but when acting on the
application, he suggested the Commission stay with the review
comments from the plans that they have, since these are the
plans that the Staff review was based upon.
Thomas Weber again objected to the requirement of
notification since they had applied prior to adoption of the
requirement. He stated that they have noted tela concerns
regarding the drainage off the steep slope and they are
trying to find a solution to address this problem. The site
lighting was addressed, landscape near the buildings was
addressed. He stated that. Marl: Donaldson would answer any
questions regarding design.
Discussion followed on the entrance off the main road. Weber
stated that it would be widened.
Discussion followed on the conditions recommended by the
Staff. Donaldson stated that the difference between the
four-plex elevations and floor plan have been resolved. He
stated that the parking places in front of the garages is a
customary standard and has been used extensively in Eagle
County. Existing topography has been completed. The drainage
plans will be more complete once they receive the soils
report, etc. The irrigation system will be provided. The
trash enclosure information is on the plans. He stated that
they are not proposing an entrance sign at this time, but
lighting details have been provided. He then described the
colors to be used.
Lamont then reviewed his comments regarding this project. One
issue was view preservation.
Discussion followed on the view preservation, the steep cliff
face and fencing problem, landscaping at the entryways, the
driveway, landscaping of the site, drainage and erosion
Problems. The roof and snowfall matter was also discussed.
Parking was also discussed and it was decided that the
condition for the two additional parking spaces was not
necessary.
Reynolds moved to grant preliminary design approval for Lot
4, Block 1, Wildridge, Ridgeline Condos, with the Staff
conditions and recommendations, except for recommendation
Planning and Zoning Commission Meeting Minutes
July _,, 1988
Page 7 of 9
Lot 4, Block � Wildridge_ Subdivision, Ridgelino
Condominiums,__PhRenix Discovery Group, Design Reviewer (cont.).
2(b) 7. additional parking spaces to be provided), and to
include the use of natural vegetation on the east side of the
6-plex on the steep slope area and modifications to the
garage side of the 6-plex to reduce the concentration of
snowfall in that area.
Landauer seconded.
The motion carried unanimously.
Wal-Mart, :220 _Beaver Creek Place, Temporary Banner -Variance
Request
Wood stated that Wal-Mart is requesting a variance to hang
two temporary signs to promote sidewalk sale activities at
various times during the summer. Typically, one weekend,
Memorial Day, which has passed, July Fourth, and L_aoor Day
weekend. The banners would be mounted on the wall on each
side of the entrance. The proposed banners are 3 ft. by 18
ft. for a total area of 54 sq. ft. each. The proposed use
conforms with the temporary sign provisions of the sign code,
with the exception that the banners are over 35 sq, ft. and
they are requesting two rather than one sign. This would
require a variance.
Wood reviewed the review criteria for granting a variance.
He also reviewed the findings required. He stated that
should the Commission grant a variance for the oversized
banners and the additional banner, the approval should be
limited to a specific time frame such as September 30, 1988.
At that time the Commission should re -review the use of
banners for additional display. He stated the applicant was
present to answer any questions.
Sean O'Brien, representing Wal-Mart, stated that this is a
company program that they are required to do. He stated that
they will work with the Town in meeting the Town's
requirements.
Discussion followed on the various sizes of the banners and
the mounting of the signs and length of time the banners
would be displayed. O'Brien stated that normally the sales
only run three days on special events weekends. He stated
that the 3 x 18 sign was the smallest he could locate in his
sign catalog.
Cuny reviewed the criteria and findings.
Discussion on approving one sign followed.
Reynolds moved to grant approval for one (1) 3 x 18 temporary
sign , for a 3 day period over Labor Day, citing exceptional
or extraordinary circumstances applicable to the site of the
variance that do not apply to other properties in the
vicinity in that the square footage of the building is large
enough to support the size of the sign.
Landauer seconded.
Planning and Zoning Commission Meeting Minutes
July 5, 1988
Page 8 of 9
The motion carried with Perkins and Hill voting nay.
Reading and Approval of Planning and Zoning_ Commission
M_eetino Minutes of 6/21/88.
Doll moved to approve the minutes of the Planning and Zoning
meeting as submitted.
Landauer sezonded.
The motion passed unanimously.
Other Business
Wood stated that the Commission had been provided with a
draft of the Development District Goals and Objectives for
Development District Seven, which is Wildridge and Wildwood
Subdivisions. He suggested that the Commission review this
draft. Once this is done, meetings should he scheduled to
review and present to the public and then make a
recommendation to the Council. At this time we have no goals
and objectives for projects that come in for Wildridge and
Wildwood. It was suggested that a work shop be scheduled
before the the next regularly scheduled meeting.
Cuny asked what is being done regarding Christie Lodge?
Wood stated that they are scheduled to talk with the
Municipal Judge sometime the first part of August.
Cuny asked about the ugly totem pole at Benchmark Shopping
Center':'
Wood stated that he would refer that to the new zoning
administrator.
Reynolds mentioned the lights at the Mountain Center and how
bright it is.
Landauer asked about the re -landscaping of the lot between
Benchmark Shopping Center building and the Wal-Mart property.
Wood stated that all the landscaping will be done by July 18,
1988. The removal of the dirt and landscaping of that lot it
included.
Cuny mentioned that Rich's Auto Body has a huge exhaust
coming out of the top of the building that is not painted
silver.
Wood stated he would check into it.
Cuny stated that Wal-Mart has not painted the satellite dish.
Hill asked if something could be done about the old wonder
building on the way up to Wildridge.
Reynolds moved to adjourn.
Landauer seconded.
The meeting was adjourned at 10:30 PM.
Respectfully submitted,
Charlotte Pascuzzi
Recording Secretary
:- 14
Planning and Zoning Commission Meeting (Minutes
July 5, 1988
Page 9 of 9
Commission approval r'r,:- J _ Date_
P. Cuny
T. Land
F. Doll
J. Perk
D. Hill
C. McRo
A. Reyn