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PZC Minutes 020288RECORD OF PROCEEDINGS MINUTES OF PLANNING AND ZONING MEETING FEBRUARY 2, 1988 The regular meeting of the Avon Planning and Zoning Commission was held on February 21 1988, at 7:30 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 Chairwoman Pat Cuny. Members Present: Frank Doll, Char -lie Gersbach, Tom Landauer, Mark Donaldson, Mike Blair, Buz Reynolds, Pat Cuny Staff Present: Norm Wood, Director of Engineering and Community Development Charlette Pascuzzi, Recording Secretary Avon Commercial Buildinq._'ot 21 Block: 2. Benchmark: at Beaver Creek: Parking Variance Request - Public Hearing Charlie Gersbach stepped down due to a possible conflict of interest. Cuny stated that this is a public hearing. Wood distributed information from a previous submittal which shows the parking spaces. He stated that this was a variance request filed by 182 Avon Corporation for the Avon Commercial Building located on Lot 21, Block 2, Benchmark. Th= specific variance request is for a variance of 3 parking spa -es for the project. The parking variance is being requested in order to allow additional retail space within the building. The building was built lander an earlier zoning code with 15229 square feet of leasable area. The uses previously approved in the building were for office space at one space per 400 square feet which was the code at that time. The Applicant is requesting approval for 5030 square feet of retail space. The combined parking requirements for these uses total 47 parking spaces. Under the current code of 4/1000 for retail space and 3/1000 for office space the total requirement would be 52 parking spaces. They currently have 44 spaces. Wood stated that the Staff did not prepare the resolution for the Commission to modify and react to, but recommends that the Commission specifically review the approval criteria and the findings required, make their determination of what action the Commission wishes to take regarding the variance and then direct Staff to prepare a resolution which would be brought back: to the next Planning and Zoning meeting for action. He stated that the Staff had received two letters regarding this variance, one from the Otis Company, the owners of Lot 65, Block 2, requesting denial of the variance, and one from P. H. Phillips and Associates, as manager of the Benchmark Shopping Center, representing Vail Avon Commercial Partners, stating that they Planning and Zoning Meeting Minutes February 2, 1988 Page 2 of 17 Avon Commercial Building, Lot 21 Block 2 Benchmark at Beaver CreekParking Variance Request - Public Hearing Continued have no opposition to this request, provided that if in the future they were to ask for a similar request, they would be afforded the same consideration. Brian Pesch, President, 182 Avon Corporation was present to represent the Applicant. Mr. Pesch described some of the improvements done since their purchase of the building and stated that at this time they are in the process of further renovating the building for the second time to accomodate more office and some retail space with the expansion of Christy Sports. Pesch showed, by a drawing, the changes they wish to make. Christy Sports wishes to take on another 12 feet of space, primarily for their ski rental business. 182 Avon Corporation would like to use the remaining office space as retail space also. This would require an additional 3 parking spaces. Pesch stated that they had figured they would only need two spaces. The difference is in the way he rounded off his figures and the way the code requires them to be rounded off. The code requires figures be rounded up. Pesch stated they have inquired about renting spaces from Otis, which has been denied, and from the State of Colorado which has not given a definitive answer yet. They are also exploring some other possibilities, but have not made any progress. Cuny asked if the plan provided by Wood was the current plan. Wood stated that it is the way the parking is at this time and is fully maximized. Cuny opened the public hearing. Wood stated that the two letters were all the Staff had received. Cuny asked if anyone in the audience would like to be heard in the public hearing. Rick Cuny, Cuny-Jordan Partnership, which owns Buck Creek Plaza, Lot 72, Block: 2, Benchmark at Beaver Creek, stated that he was here to make a comment, not to say it should be approved or denied, but to state that when he asked for a variance for parking, he was told that there never has been a variance for parking and there never will be. He stated that he was told to seek; other means of solving the problem and he is now paying $2100.00 per year rent to Christie Lodge, so he can meet the requirements for his expansion. He stated that about the only time that parking is used is during Christmas week and his employees park there. Cuny stated that he was in favor of business expansion in Avon one hundred percent, but if the Town is going to give a variance to a business in the same zone as he is in, then he would ask: the same courtesy. Chairwoman Cuny asked if there were others that would like to be heard during the public hearing. There being none, Cuny Planning and Zoning Meeting Minutes February 2, 1988 Page 3 of 17 Avon Commercial Building, Lot 21 Block. 2, Benchmark at Beaver Creek, Parking Variance Request - Public Hearing Continued. then closed the public hearing, and asked if the Commission members had any questions for the Applicant. Reynolds asked where the snow storage was on the lot. Woods stated it was on railroad right-of-way, on State right-of-way and on the lot next door. Discussion followed on the requirement that businesses have snow storage on their own property and the fact that this business does not have said storage. Reynolds stated he had strong feelings against the variance because of the idea of the snow storage, because other people are required to have it and because of the implications of setting a precedence. Blair suggested moving the trash receptacle to near the rear door and putting a parking space there and adding two parking spaces where the trash receptacle is. That adds three parking spaces. What is not considered is the absence of a truck loading space. This needs to be considered. Another thing that could be considered is some of the spaces being considered as smaller spaces for compact cars. Wood stated that compact spaces are allowed in covered parking spaces. Uncovered spaces are held at the minimum because of the fact that this time of year the parking spaces shrink tremendously. Doll stated that he did not want to see the Commission get into the business of granting variances for parking spaces. It would set a precedence and would compound matters. Donaldson asked the Applicant if the variance was not attained would the space have to be left vacant? The Applicant responded that he would have to use it as office space, not retail. Christy Sports would not be allowed to expand. Cuny read the criteria on which a decision must be based, and possible findings. Discussion followed on the criteria. Blair asked if the Applicant would consider a modification of the parking design or consider requesting a variance on parking space sizes to conform. Discussion followed on the sizes of parking spaces. Wood stated that the parking spaces have been stretched to just get what now exists. The Applicant stated that they had worked with Staff a great deal prior to this application on several different alternatives, none of which met with Staff approval at the time. He stated he would take another look at the problem with the Staff. Donaldson asked if the Applicant would rather be done with this Commission and go to the Council with an appeal or rather continue to work something out at this level? Planning and Zoning Meeting Minutes February 2, 1988 Page 4 of 17 Avon Commmercial Building, Lot 212 Block 2 Benchmark at Beaver Creek Parking variance Request - Public Hearing Continued. Applicant stated that the pending leases depended on the outcome of the variance and they wished to meet the Town's and property owners considerations. Reynolds asked if the Applicant had considered a garage? Applicant responded that it would be too expensive as they would be adding renovation costs and decreasing leasable areas for income. Blair moved that, in the interest of bothe the Town and the various neighboring properties, and of the Applicant and increased business, that this item be tabled until the next regular meeting to give the Applicant the opportunity to consider a modification of design of the existing parking lot, including covering some of the parking spaces, and considering a variance to change some of the sizes of the parking spaces. Donaldson seconded. Motion passed unanimously. Lot 19 Eaglebend Filing 1 Variance Reguest to _Allow Carports in 20 Foot Building Setback - Public Hearing Cuny -tated that this is also a public hearing. Wood stated the John and Suzanne Railton, owners of Lot 19, Eaglebend Filing 1, have requested a variance to allow construction of two carports in the 20 foot setback. At the time that Eaglebend was going through the annexation, zoning and subdivision process with the Town, the property was given a 20 foot setback. A single family residence exists on the ;ot and the Applicant is requesting the variance for the setback, for the parking structure in order to provide parking for the existing residence and also for the anticipated second half of the duplex. Site plans and building elevations have been submitted for your consideration. Wood stated that the Commission must consider the criteria and findings and direct the Staff of the action they wish included in the resolution to be presented at the next regular meeting. Wood provided site plans for the Commission to review. Applicant, John Railton was present to answer any questions from the Commission. Railton stated that when the residence was built it was part of the County. He reviewed the plans with the Commission members. He stated that the land itself, with the grade and the setback requirements, is a hardship. He also stated that the Stonebridge Development had paved car parking right up to the property line. Discussion followed on the fact that he now parks in the setback and is requesting permission to cover and eventually pave the area. Cuny asked if Staff had received any letter or phone calls Planning and Zoning Meeting Minutes February 2, 1968 Page 5 of 17 Lot 19 Eaglebend Filing 1 Variance Request to Allow Carports in 20 Foot Building Setback - Public Hearing - Continued. regarding this matter? Wood stated that none had been received. Cuny opened the public hearing, and asked if there was anyone in the audience who would like to be heard. Chris Ekrem stated that she owns Lot 15 in Eaglebend and is Railton's neighbor to the east about three lots and is familiar with what he plans to do and feels that it would be an asset to the neighborhood. Cuny asked for any other comments. There being none, Cuny then closed the public hearing. Blair asked if this plan would be an impediment to traffic visibility? Wood stated that there was none in this particular area, but he suggested that if the Commission was considering approving the variance, that it be conditioned to the extent that the design be such that the ones using the structure aren't backing out into the street, but are required to back out on the site and pull out into the street. Blair asked if it would create a problem with street maintenance? Wood stated that snow would probably be pushed right up to it, but would probably not cause a problem. Discussion followed regarding utilities and it was concluded that there would not be a problem. Discussion followed on the proposed wall. Reynolds asked about snow storage. Railton stated that he felt that this situation would be improved because the amount of snow would be reduced by the roof area. Cuny read the criteria on which the granting or denial of the variance must be based. Discussion followed on the criteria and findings. Doll moved to direct the Staff to prepare a variance resolution stating that the variance is to be granted for all the reasons listed in Sections 17.36.050-A, B, and C - 1 through 3 and further that the applicant be prepared to come before this Commission for design review of the proposed structure and to demonstrate to the Commission that the effect of the requested variance will not be detrimental to the transportation, traffic facility and public facilities in the area. Landauer seconded. The motion passed unanimously. Blair asked when the approval would be effective? Wood stated actual approval would be when the resolution is adopted in two weeks. Planning and Zoning Meeting Minutes February 2, 1988 Page 6 0+ 17 Lots 3/75 Block 2, Benchmark at Beaver Creek, Community Shopping Center - Retail Shops Sign Program, Design Review Cuny stated that even though she is a tenant in the same shopping center, she did not feel that she had a conflict with their sign program, there+ore she would not step down unless the other Commission members felt she should. There were no comments from the other Commission members. Wood stated that at the May 5, 1987 meeting the Planning and Zoning Commission approved a sign program for the Community Shopping Center. the project is nearing completion and the owner, Palmer Development, has submitted a written sign program for the retail portion of the project. The written program basically conforms with what was previously approved, but provides more detail. One area of difference exists though. The previously approved program provided for a maximum sign area of 30 square feet per business. The written program does riot provide for that particular limitation. Staff recommendation, if the Commission concurs with the sign program as presented, is that the condition that the program be amended to reflect the maxir+,ct, sign area for each individual business not to exceed 30 square feet. Wood provided information on what was previously approved. No representative was present to discuss the sign program with the Commission. The Commission members wondered why the 30 square foot maximum was left out. Wood stated that possibly it was Just an oversight. Blair moved that the Community Shopping Center Retail Shops Sign Program be approved as recommended by the Staff, with the limitation of 30 square feet maximum sign area for each individual business being included. Reynolds seconded. Motion passed unanimously. Lot 46/47 Block 1 Benchmark at Beaver Creek Chambertin Foundation Development Sign Design Review. Mark Donaldson stepped down as a Commission member due to a conflict of interest. Wood stated that the Phoenix. Discovery Group has applied for Design Review of a Development Sign they propose to place on the existing foundation at the east end of the Chambertin Townhouse project which is located on Lots 46/47, Block 1, Benchmark at Beaver Creek on the north side of the Interstate. The sign code does allow for development signs provided that: only one sign per parcel, lot or group of contiguous lots under one ownership, not to exceed 16 square feet of display area and eight feet in height: signs must be removed within thirty days of land sale or upon issuance of a certificate of occupancy: and in no case to be retained for more than two years, unless an extension is granted by the Planning and Zoning Meeting Minutes February 2, 1988 Page 7 of 17 Lot 46/47 Block 1 Benchmark at Beaver Creek Chambertin Foundation Development Sion Design Review - Continued. planning and zoning commission. Wood stated that the proposed sign appears to conform with these requirements and in the application the owner has indicated a willingness to accept the condition for some cleanup of that sight and the staff recommends that this be a condition of the sign approval and also to install an adequate guard rail or fence to isolate the foundation for safety reasons. Mark Donaldson, representating the Applicant, stated that some of the debris removal and installation of the guard rail can be done soon, however some of the debris removal will have to be done after the snow is gone. Discussion followed on the type of sign to be installed. Reynolds moved to approve the development sign on Lot 46/47, Block 1, Benchmark at Beaver Creek as submitted, with the addition of the Staff recommendation. Gersbach seconded. The motion pas: -ed unanimously. Rub 's/Deluca's Restaurant Avon Center at Beaver Creep Design Review. Marti: Donaldson and Charlie Gersbach stepped down as Planning and Zoning Commission members due to conflicts of interest. Wood stated that Ruby's/DeLuca's Restaurants have requested preliminary design review for modifications to the southeasterly quadrant of the Avon Center. This is the space formerly occupied by Shogun. He stated that this is a 6217 square foot area and includes a 832 square foot addition into the mall area and includes new entrances, highlighted by fabric canopies and the addition of a beer garden in the mall area. The addition is flat roofed with a cloth faced barrel vault skylight and log faced with operable wood windows. The fabric canopies cover existing walkways and include backlit signs at canopy ends and building entrances. The information provided did not include =olor or size information at this time. The outdoor beer 4arden includes extensive landscaping and would include brick pavers with decorative wood retaining walls. Wood stated that for Staff comments they have outlined the design criteria listed in the Planning and Zoning Commission Rules and Regulations and the Staff comments follow that. Wood proceeded to read these items. Staff recommendation is that the Commission direct the Applicant to obtain approval of the Mall Advisory Committee and the Twon Council for building the extension into the Mall area and for development in the Mall area., prior to applying for final design review. Mark Donaldson stated that he was representing the Planning and Zoning Meeting Minutes February 2, 1988 Page 8 of 17 application on behalf of Jim Lindsay, Avon Center and on behalf of Steve and Ellie Jelacic, owners of Ruby's and DeLuca"s. Donaldson stated that he would introduce some of the concepts and then later get into more detail about the design. He stated that they have deleted the logs and have a different approach on the exterior trim. He stated that the Applicant wished to have the grand opening on June 8th, the anniversary of the Ruby's fire. Donaldson stated that what is proposed will help Avon Center and the Town. He stated that the Jelacics had done extensive research across the country regarding restaurant and bar images. Donaldson provide pictures of other types of restaurants and bars they had considered. He then introduced Steve Jelacic who provided a history of Ruby's and their goals of serving the public. Cuny asked if the Applicant had gone before the Mall Advisory Committee? Jelacic stated that this would take a ten day notice and Jim Lindsay had been notified verbally and will be sending out a letter. Further discussion followed on the concepts of Ruby's and Deluca's. Donaldson then provided some pictures of the area of Avon Center and the Mall area where the project will be. He stated that they felt that the canopies would be the vehicle for attraction to the project. They feel that this project is a test case for the Mall, since no one has peviously built on the Mall. Discussion followed on the canopies. Cuny asked if the canopy covered just the existing sidewalk? Donaldson described where the canopies would be by using the plans and pictures provided. Discussion followed on the addition of the 832 feet. Cuny asked if the beer garden would be beyond that? Donaldson stated that it would be. The barrel vault skylight was discussed. The proximity of the Brass Parrot was discussed briefly. Cuny asked how far the addition went and it was shown the Brass Parrot goes beyond the addition. Donaldson asked if there were any questions on the addition or the canopies? Cuny asked what color the canopies would be? Donaldson stated that they would probably use the salmon and ruby colors that are used on the business cards. The background has not been decided. They don't want to get outrageous, but want to use something to set it off from the stucco color of the building. Doll asked about the log siding. Donaldson stated that after discussions with the Staff about the log siding not being to their advantage, they have proposed a brick treatment to tie into some interior brick and bring it out to the beer garden and use it to some degree Planning and Zoning Meeting Minutes February 2, 1988 Page 9 of 17 in the decoration of the beer garden. Donaldson explained some of the elements to be used. The ultimate goal is to provide a view from any table in the restaurant. Discussion followed on the height of the addition. Donaldson stated that the addition was the same height of the first floor. The concern was that it might interfere with the views of other tenants. Donaldson stated that no other views would be interferred with and showed on the plans that this would be so. Reynolds asked about the view from the Brass Parrot? Donaldson stated that they have no windows that would be blocked. He stated that one of the Issues that they have encountered is not only the Brass Parrot's windows but their views of their outdoor patio. Access to the Brass Parrot patio was also discussed.Donaldson stated that this was an issue. They want to reroute the access by being prepared to introduce a second pathway off the Brass Parrot deck directly to the Mall. In order to obtain a liquor license, they have to have physical control of the area they are going to serve in. Donaldson stated that they are miring up materials because they want to do something fresh and be different. They have included the brick veneer with painted wood windows, probably the Ruby's type colors. The brick work will be interupted with continuous soldier course along the top of the windows and doorhead, and above that they are using transom windows, and then going back to the Avon Center materials by picking Lip the metal roof facade. The same concept will be used in the beer garden. Doll asked about the color of brick to be used. Donaldson stated they were more interested in the style than the color, but probably a used brick will be used, with a textured pattern. Cuny asked if they wouldn't want to match the brick that is already being used on the building? Donaldson stated that they are trying to be different and they would not use the same brick. He stated that they did not want to change the character of the neighborhood or be offensive to the building or any neighbors, but they do want to be different. Reynolds asked if they would be serving in the beer garden and if so, is there any type of retaining wall to keep the guests in. Donaldson replied yes, that the beer garden is a very interesting design. Blair commented that he asked himself how this project could be compatible and feels that the design is exciting and adds some real excitement to the Mall and is not overdone. He feels that the project interfaces the building with the Mall itself which is one of the goals of the Mall. He feels that Planning and Zoning Meeting Minutes February 2, 1988 Page 10 of 17 Rub 's/DeLuca's Restaurant Avon Center at Seaver Creek Design Review - Continued the concept is interesting and exciting to the Town, disregarding some of the details that have to be worked out and he hopes it will not be another drab store front. Blair stated that he was willing to encourage this concept as long as it doesn't interfere with other peoples access, not only on the ground, but for view and light and air, etc. Discussion followed on the use of mixed materials and comparison with other malls. Donaldson showed the shape of the beer garden. He stated that entrance to the beer garden would be only through Ruby's_ Fie then introduced Glenn Ellison, Ellison Landscaping, who will be doing the landscaping of the beer garden. Mr. Ellison stated that he was approaching this project with the concept that the eating experience is one of entertainment. the eating spaces will be broken up by terracing with retaining walls and berming with heavy plant massing. The materials have not been decided yet since this is a conceptual plan at this point. A basketball court has been included for entertainment. With the correct use of plant material, the basketball ring and enjoyment of eating experience can be achieved. Ellison stated that they were looking at phasing the project. Donaldson state that in terms of the phasing, what they want to accomplish in the first season would be the installation of the retaining walls, all the land forms and some of the major plant material and sodding the land area and slowly comming back and cutting away the sodding and putting more plants. Reynolds asked how long a phase period they were talking about. Donaldson stated that at this time they were not sure, but would come back with a more definite time period. It all depends on other costs. Donaldson stated that they have worked very carefully with the existing grades and will illustrate to the Staff and Board more details. Cuny stated that this is an exciting concept7 but asked if they had given any thought about the condos above and Peregrine regarding the entertainment, night lighting, noise level, etc. Donaldson stated that the mall agreement very clearly spells out the uses of the mall as being bars and restaurants. Donaldson stated that the concept met the regoirements of the mall agreement. He stated that there are no large dining areas. It is very segregated. Jelacic stated that they were looking at it from the standpoint of apree ski or special events etc. Doll asked how they could use it year round? Use would be Planning and Zoning Meeting Minutes February 2, 1488 Page 11 of 17 Rub 'slDeLuca's Restaurant Avon Center at Beaver Creek Design Review - Continued. only on days and times that were nice enough in the winter. Blair stated that the mall was designed to be the active area for the west side of the town. There will have to be some kind of noise control standards established. Discussion followed on the access to the beer garden and the fact that this would be an isolated green area. It was felt that this would not be a mall area, but a private situation and the mall would be barricaded off. Cuny stated that it is a shame that they are using all of the landscaped area since the workers or residents will not be able to use this area. Landauer stated that he felt the Mall Committee should loot: at who is to keep this area up since the mall area is a community project. Donaldson stated that the tenant is required to pay for all improvements and also required to maintain them. He stated that he felt that they could incorporate some pedestrian stops and seating and bicycle racks and get the feeling of a mall back into the plan. Jim Parks, manager of Avon Center, asked who owns the ground referred to as the mall and how far out into the area will the beer garden occur? Cuny stated, in answer to the second question, that it would go all the way out to the existing asphalt path. In response to the first question, Wood stated that according to the mall agreement, once the project was built, the area between the building and what was originally laid out as the mall, which was basically a 50 foot wide strip through that area between Avon Center and Peregrine, all that area between the building and that strip was to be dedicated to the Town a a part of the mall. On the plat for Avon Center, when the building was completed and they did the condiminium plat, they designated what was an outlot, which followed the wall of the building around and formed a three cornered piece, that was to be dedicated to the To -An. There was another area inside -there, a trianglar piece reserved for this type of operation or for outdoor activities. The general intent of the mall agreement was that this all become part of the mall and the mall agreement specified that it was the intent to promote these types of activities in the mall area. Cuny asked for clarification on the triangular piece. Discussion followed with Wood showing on the plan for Avon Center- and the mall the part that although it is known as part of the mall it, in actually, is part of Tract G. Cuny asked Donaldson how far his plan went into Tract G. Donaldson stated that the whole beer garden was in this area. Further discussion on the exact area for the beer garden followed. Cuny asked, if the mall area was dedicated to the Town, does Planning and Zoning Meeting Minutes February 2, 1988 Page 12 of 17 Avon Center have the right to let a public entity go on it? Wood responded that through the mall agreement there are conditions where they can expand into those areas with the consent or approval of the Mall Advisory Committee and the Town Council. It specifically addresses the areas, i.e. near Avon Center, as Avon Center being able to lease to restaurants, bars etc., for outdoor activities with the approval of the Town Council and Mall Advisory Committee. Landauer asked if it said anything about building out into the mall area? Wood stated that it refers to outdoor activities only. Cuny asked if the Commission needed some legal advice as to whether they can give approval for something into the mall area? Wood stated that the Staff recommendation requires that approval by the Mall Advisory Committee and the Town Council must be received before final design review can be accomplished. He feels that it is probably not appropriate for the Planning and Zoning Commission to make the decision of allowing building into the area. That is up to the Mall Advisory Committee and the Town Council. Mr. J. J. Carey, representing the State Federal Savings and Loan Association, who owns and operates 8 of the 52 units of Avon Center, and also is authorized to speak for Dr. Paul, another owner, stated he had a number of questions. He asked about the total square footage and the anticipated seating capacity. Donaldson stated the square footage was approximately 6200 square feet and the estimated seating was between 185 and 200 seats. The beer garden would be about another 30 seats. Carey stated that he had a problem with that estimate, as most restaurants that size will seat approximately 800 people. He stated that State Federal was just made aware that this project was being considered and they want to be made aware of what is going on. He was concerned that the Avon Center was described as a hotel. He stated that there are a number of people living there as permanent residents and he doesn't think, it is proper to consider the building as a hotel. He feels the project would be very well done on a free standing piece of property down the road and would be a beneficial facility for the Town of Avon. He stated that he was almost certain the Homeowners Association, when they are made aware of what is being contemplated, will have comments to make about this project. Their next board meeting is the 18th of February and they request that no positive action be taken on this until the Homeowners Association can be advised of this project. He stated that the homeowners were not aware of the kind of activities that are now being planned. He stated that another concern was the parking. He feels that there will be a tremendous parking problem with that many people expected. Another concern is delivery access. Planning and Zoning Meeting Minutes February 2, 1988 Page 13 of 17 Rub 's/DeLuca's Restaurant Avon Center at Heaver Creek Design Review - continued. There is not a good access for the existing restaurant. The homeowners will also be concerned with the character of the neighborhood that is being impacted. The change in the public area of the mall to private use is another concern. Cuny asked if the Homeowners Association would have the power to disapprove a business going into the building or would they have the power to recommend? Carey stated that the Homewoners Association has what ever powers they have and he thinks that the owners of the first two floors will find a great deal of descension if they try to put in a facility of this type. He stated that Dr. Paul has assured him that he intends to sue to see that it doesn't happen. State Federal will probably do the same. He was aked if, when he purchased in the building, wasn't the space a restaurant, Shogun? Carey stated it was and if a restaurant was put in that space of that nature, there would be no quarrel, but when you talk about a beer garden and facilities for a lot more than 180 people, then you have problems. Cuny thanked Mr. Carey for his input. Donaldson asked to reply to Mr. Carey's comments_ He stated that the size of the restaurant as far as the number of seats, the table layout has been very carefully layed out and 800 seats will not happen. the reference to Avon Center being a hotel comes from the fact that the company is operating the building as a hotel. Jim Parks stated that it was being run as a condominium hotel.' Donaldson stated that the zone district that Avon Center is in is the Town Center zone district and the uses in that zone district are very clear, drinking establishments, restaurants/bars and on and on. This was the district the Avon Center set aside for all the activity of this nature. Donaldson stated he did not feel that parking was an issue. The service to the restaurant will be handled through the interior mall. Trucks would be in the west parking lot. The character of the neighborhood is really Jim Lindsay's problems, as it relates to the owners above. The condo declarations, which were in existance when the homeowners bought the condos tell them what the uses are. Cuny stated she would like to hear from Jim Lamont, the Town Planner. Lamont statsd that he just had a couple questions. The one question that he can't tell from the plan is how does the entry way work? Snow drop from above is the concern. Donaldson stated that they would provide a solid framed roof in that area. Lamont stated that he felt there were ways to mitigate some of the problems of the use. He would like to see them not do • - Planning d Zuni:g Meeting Minutes February 1988 Page 14 L 17 Rub 's/DeLuca's Restaurant Avon Center at Beaver Creek Design Review - Continued - block the public Off with the screening, but letting the public see and participate. He thinks that the basketball court is an exciting idea, but he shares the concerns with the residents in the building. If you have those kinds of uses and the neighboorhood complains, the law will go against you. If noise problems are created you will lose. He suggested maybe using white noise sources, i.e. fountains, waterfalls, which sort of mask the sound out. White noise would be a welcome asset in a primarily dining area. He stated that some of the progress tht has been made in the last week on the exterior architecture speaks to some of the philosophy that the owner was trying to impart that he now is not a temporary use in a strip center, he wants to become part of a permanent dowtown area. He needs to rec„gnize that there are some privileges and responsibilities that go with relocating in a downtown area. One of the things he wants to caution about is to be sure that the Applicant understands the internal ventilation system. Noise can be carried via this system. Lamont also suggested color tile rather than used 'brick. Another suggestion was to not turn their back on the internal mall. Lamont also urqed them to look at the canopies as a more permanent material and better in._rgrated with the structural aspect of the building. Wear and decay factors were the major concern with the canopies. Donaldson commented that as far as blocking off the public as well as the solar, they can probably thin out some Of the areas. He also stated that there were no common ducts with the residents so the noise shouldn't be any problem. He also stated that they were retaining the entry from the interior mall. Donaldson responded that they were taking a look at the canopies material_ Lamont stated that they should upgrade the exhaust system. Donaldson responded U nt where the kitchen is located they will not have to dump the exterior exhaust out on the beer garden, they will be able to go up to the second floor in areas that do not have windows. Lamont stated that one other item which might be valuable is night lighti.%g and discussion fullewed on this matter. Cuny asked for reaction and comments from the Commission members. Balir stated that because of all the que=,tions and comments, he wonders if the Commission is ready to take any action. He stated that there should be a way that the people should be able to interact with the activities of the building. The Town zoning, the mall design and t -e building desi n were designed so there would be commercial activities 0%1 the lower floors and residential on upper floors. There are mired uses and hopefully they can be compatible. Blair stated that the Applicant should consider and respond to all the questions i• C O 40 Planning and Zoning Meeting Minutes February 2, 1988 Page 15 of 17 Rub 's/DeLura's Restaurant Avon Center at Beaver Creek Desiqn Review - Continued. and comments that were made at this meE-ting and that they go to the mall committee to determine what perameters they have to operate in the mall. Landauer stated that he agreed with Blair. There were too many questions not answered at this time. Donaldson asked what quest:.ons? Landauer stated parking wan one. How will it be policed, etc.? Reynolds stated he thought that Mr. Carey's points were well taken. The beer garden might be a concern of the neighbors. Donaldson stated that this is not an issue of this board. Reynolds stated that he wanted to be sure that the neighboring people are not dissatisfied. Doll steed that he was concerned with the problems of the deliveries and how the trash was to be handled. He does not think that the use of the interior mall is a good idea. He stated that he felt there was a problem the way it sticks out into the mall also. He wants to hear more about what the Mall Advisory Committee has to say about that. He wants tc hear more about what has been done about the homeowners concerns and more about the logistics of the parking. Cuny stated that she lilted the canopies, but thinks it shjuld be i.ore permanent and the thing on top is not necessary. Tale it off and leave the canopies. Another o+` her co:icerns was that the parking is on one side of the building and the entrance on another. Deliveries are another concern. Even now the area at the Post office is very con.iested with trucks. This problem must be addressed. The noise factor is a problem. Would like to see a curfew so it would be compatible with residential area. Cuny feels that Tract G was meant to be open space. She feels this is a private enterprise and very difficult for people to en3oy the landscaped area. Wants to see what the Mall Advisory Committee has to say about the encroachment. She would also like to hear from the homeowners. Ellie Jelacic stated that a lot of marketing research had been done before making any commitments. They want to make Avon Center a better place. Donaldson stated that they will continue to work with the Staff and work with the Mall Advisory Committee and try to address all the concerns brought up this evening. They would appreciate if the Commission would consider conceptual approval with any number of conditions so they would have some direction. He also state'-; that the top of the canopy could be changed and when asked about the sign on the eighth floor level he stated that they would ask for that sign in addition to the canopies. Blair moved to grant conceptual approval, which does not guarantee or assure preiiminary or final approval, based on Planning and Zoning Meeting Minutes February 2, 1988 Page 16 of 17 Rub 's/DeLuca's Restaurant Avon Center at Beaver Creek, Design Review - Continued. what hsa been seen this evening, but to give direction to proceed, based on the discussions of this evening. Conditions would include response from the Homeowners Association, response form the Mall Advisory Committee and response to the comments and questions that were given at this meeting by the audience and by the Staff and Commission members. Doll seconded. The motion passed with Doll, Blair and Reynolds voting aye and Landauer voting nay. Carey asked to be notified when this matter comes up again. He was informed that it would be posted the Friday before the meeting at the Avon Post Office, and the next meeting is the 16th of February. Reading and Approval of P & Z Minutes of January 19, 1988 Regular Meeting. Doll moved that the minutes of the January 19, 1988 Planning and Zoning Regular Meeting be approved as submitted. Land&-aer seconded. The motion passed unanimously. Other Business. It was decided that the Commission members should study the Sign Code Revisions further and discuss them at the next regular meeting. Cuny stated that she :+as disappointed that the Staff report for Ruby's/DeLuca's Restaurant had questions rather than comments for the Commission to go by and asked Staff the reason for this approach. Wood in turn asked Donaldson to address this matter. Donaldson stated that they had made the application and in turn had received a goodly amount of comments, which were not exciting to their team. They had a meeting with the Staff and addressed a lot of the issues and got some of them out of the way. It was the feeling of the administration that the Staff report should be cut down to the questioning of those criteria to be 'eft to the discretion of the Planning and Zoning Commission. Cuny stated that they have never had a project come with so few comment=_ from the Staff. Donaldson stated she should talk to Bill James. Wood advised the Commission members of a semi-kar on land use planning t3 be held in Silverthorne on February 11th for Planning and Zoning members. Planning and Zoni.ig Meeting Minutes February 2, 1988 Page 17 of 17 Doll moved to adjourn. Reynolds seconded. The motion passed unanimously and the meeting was adjourned at 11:30 PM. Re s p ectfully submitted, Charlette Pascuzzi Recording Secretary Commission approvaly Date / `e llc---44�' / �;96 M. Blair P. Cuny _ T. Landat M. Donalt U. Gersb A. Reyno. F. Doll