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PZC Minutes 120688s. RECORD OF PROCEEDINGS MINUTES OF PLANNING AND ZONING MEETING DECEMBER 6, 1988 The regular meeting of the Planning and Zoning Commission was held on December 6, 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, Pat Cuny, Denise Hill, John Perkins, Buz Reynolds, Clayton McRory, Tom Landauer Staff Present: Lynn Fritzlen, Department of Community Development; Charlette Pascuzzi, Recording Secretary Public Hearing Fritzlen stated that Ms. Chris Ekrem, owner of the single family residence located on Lot 15, Block 1, Filing No. 1, Eaglebend Subdivision is requesting a Home Occupation approval. She stated that Home Occupation is classified as a Special Review Use in all zone districts where residential development is allowed. Ms. Ekrem's intent is to produce pottery and ironworks, in the first level of her home, which will be sold off site. She has indicated that she does not intend to sell the goods directly from her home and all sales will be wholesale. Fritzlen stated that she is also aware that all saleable goods must be produced by family members, or essEntially 4 unrelated individuals occupying the same dwelling unit. Fritzlen then reviewed the Home Occupation definition as follows: "any use customarily cor_lucted within the dwelling and carried on by the inhabitant; thereof." Fritzlen stated that she had discussed this with As. Ekrem. Fritzlen then pointed out the area of the residence where the activity of home occupation will take place on the map provided in the packets. Fritzlen stated that there are three items to be considered when considering a Special Review for a Home Occupation. 1. Whether the proposed use otherwise complies with all requirements imposed by the Zoning Code and 3. Whether the proposed use is designed to be compatible with surrounding land uses in the area. She stated that the residence is in compliance and has previously received Final Design Review. 2. Whether the proposed use ,,,q : -% Planning and Zoning Commission Meeting Minutes December 6, 1988 Page 2 of 9 is consistent with objectives and purposes of this zoning code. She stated that the residence is located in a predominantly residential district that is near Area I, which allows commercial use, limiting the commercial use to 15% of the building. She stated that a Staff concern is the introduction of commercial vehicles to a residential district on a regular basis. Restricting vehicular traffic to that typically generated in a residential neighborhood should be considered by the Commission. She stated that the only condition included in Resolution provided is: The Home Occupation shall not generate significant vehicular traffic in excess of that typically generated by residential dwellings. No parking or storage of commercial vehicles shall be permitted on the site. Chris Ekrem asked what would be considered a commercial vehicle? She stated she had a van and a jeep wagoneer, both of which are used to transport materials etc. These vehicles will be stored in the garage, once all the furniture is out of the garage. Discussion followed and it was determined that these would not be considered commercial vehicles as they are her own personal vehicles. The concern is that other commercial vehicles (vans, trucks, etc.), making deliveries would be blocking the area. Another concern Ms. Ekrem had was regarding the matter of the articles being produced on the premises. Her concern was regarding the exterior gas kiln she plans to construct on the property. It will not be incorporated within the residence. She stated that she has a letter from Norm Wood stating that this would be an accessory use and would be allowed. Cuny asked if this was part of the approval of the residence. Ms. Ekrem stated that it was not, because it 'is not a permanent structure. Her concern was that the staff report stated that the home occupation had to be in its entirety contained within the building. Discussion followed on the matter of the outside kiln not being discussed with the Commission at prior meetings. Ms. Ekrem stated that Norm Wood and the Council were aware of it at the time of the annexation of Eaalebend. Fritzlen stated that any improvement would be subject to design review. When Ms. Ekrem is ready to build this kiln, she will have to go through the design review process. Discus ion followed on the concerns of outside storage of materials for the ironworks portion of this home occupation. Cuny then opened the public hearing. She asked if there was Planning and Zoning Commission Meeting Minutes December 6, 1988 Page 3 of 9 Lot 15 Block 1. Filing No 1 Eaalebend Subdivision. Ekrem anyone in the audience that wished to speak regarding this matter. There being no one, she asked if staff had received any written comments or any calls. Staff stated that they had not. Cuny then closed the public hearing. She then opened discussion from the Commission members. Reynolds stated that he was under the impression that the pottery was more or less a hobby rather than a large scale commercial enterprise. Ms. Ekrem stated that she has done custom pottery for the last twenty five years. She stated that she has always sold what she has made. She has a custom order business. She does not have a retail shop. She either delivers her products or ships them. Hill asked if people come to her home for these products. Ms. Ekrem stated very rarely, maybe once or twice a month. Most of the time she goes to their home. Perkins had some concerns regarding the scope of the ironworks. Steve Zorichak stated that the project he had been working on has all been delivered. The project was three foot sections of railings for balconies and stairwells. Perkins asked if Mr. Zorichak was aquainted with Frank Mack? Mr. Zorichak stated that Mr. Mack had been associated with him in several blacksmithing projects and had assisted him part time in putting together some of the railings on this recent project. Perkins asked if he had had an employee from Florida at one time? Mr. Zorichak stated he had a friend, who now resides in Florida, helping him in setting up the: shop. Mr. Zorichak stated that neither of these parties were employees. Perkins stated that he feels that the scope of work on the project is much more than his interpretation of the intent of the home occupation section in the zoning code. He feels that Mr. .'_orichak has pushed this beyond the limits. Mr. Zorichak stated that the project became more than he had anticipated. He :stated that the majority of the work to be done now is the ironwork for the house itself. Discussion followed on the forge. Mr. Zorichak stated that the concerns of the Town of Avon and Public Service has been met and the forge has been approved. Discussion followed on the use of propane. Mr. Zorichak stated that this had been only a temporary usage. Cuny stated that she felt the pottery was an appropriate home occupation, but the ironworks will be more problems. Mr. Planning and Zoning Commission Meeting Minutes December 6, 1988 Paye 4 of 9 Zorichak stated that he will not be taking on any more contracts with the scope of the previous contract and this will be a one man operation. Reynolds asked if any of the neighboring properties have complained about noise or fumes, etc. from this residence. Would this be a problem for the properties next to this residence? Discussion followed on the matter that the residence is not finished and has not had final approval. Further discussion followed regarding the outside kiln. Ms Ekrem provided the letter from Norm Wood and Ms. Cuny read it into the record. The letter states that the kiln would qualify as an accessory use. Approval of the design review board and a building permit is required. Cuny reiterated that Ms. Ekrem will still have to come back to get the kiln approved. Further discussion followed on the ironworks portion of this home occupation application. The Commission had many concerns regarding this home occupation, the scope of work, the materials being stored outside and the noise and fumes, and vehicular traffic being the main concerns. It was suggested that the Commission do a site inspection so that they would have a better understanding of the situation. It was decided that this would be a good thing to do. Cuny suggested that the Building Inspector be asked to accompany them. It was decided that the site inspection would be done on the 20th of December, at noon. Reynolds moved to table this item until the December 20th meeting. McRory seconded. The motion carried unanimously. Fritzlen stated that Pat Barron of Otis Company, owners of Lot 65/66, Block 2, Benchmark at Beaver Creek, has requested continuance of Conceptual Review for the Otis Commercial Development. She stated, as a matter of information, Pat Barron has been working with Glen Palmer of Alpine Engineering in regards to preparation of survey information. She stated that the survey information has been provided and she will go over that to familiarize the members of the Commission. She stated that Mr. Palmer had brought to Mr Barron's and the Staff's attention that the new enforcement Planning and Zoning Commission Meeting Minutes December 6, 1988 Page 5 of 9 provisions of the Department of Highway's access code might require substantial upgrades to the Avon Road access point, given the proposed development of Lot 65/66. She stated that Staff has confirmed with the Highway Department that there is a potential for such upgrades. She stated that these upgrades would be similar to what the First Bank went through. Those particular improvements were approximately $160,000.00. She stated that Pat Barron has indicated, in a letter that is part of the staff report, that they do not intend to incur the cost of potential upgrades required by the Highway Department and would like to contirue with the approval process, assuming that the Avon Road access may not be utilized. She stated that staff still recommends the platting of a public easement at the south end of the property to allow for potential future interconnection. She stated that staff also recommends that prior to applying for Final Design Review, the applicant replat Lot 65/66 to accommodate proposed development and any other variances or proposed special review uses be approved. She stated this was to get the land use approvals in line before going on to design review. Fritzlen described the proposed accesses and the effect the Highway Department's more stringent access code has on them. Discussion followed on the fact that there is another access point for this particular lot and whether the Highway Department would take this into consideration.Pat Barron stated that they will work with Norm Wood and go to the Highway Department and ask those questions. They will grant the easement, but they do not want to hold up the project because of this problem with the proposed access. They would like to just use the Beaver Creek Place access at this time. Another reason for not doing the upgrades at this time is the anticipated improvements at the railroad tracks. It was the general consensus of the Commission that this would be no problem, as long as they continue to try to work with the Highway Department. Discussion followed on the parking requirements for the project and the access from Beaver Creek Place. Pat Barron stated that he had brought the elevations that had been requested for the other side of the building, along with the restaurant. He stated that the design of 'the restaurant had not been approved by their parent company, but that it would give some idea of how it will look. Discussio; Planning and Zoning December 6, 1988 Page 6 of 9 Commission Meeting Minutes followed on the design of the restaurant and the fact that most chains have their own basic designs that cannot be changed. Discussion on the stacking of the cars followed. Discussion followed on the elevations of the backside of the main commercial building. It was suggested that repeating the dormer line on the back might help the design. Mr. Barron stated that he would relay this suggestion. Fritzlen stated that she has discussed with Mr. Barron, first the application to the Highway Department and the fact that he needs to pursue this, with the help of the Town, and the other concern was the location of the entry off Beaver Creek Place. She described the accesses and the Town's concerns. Discussion followed on the service road usage. Pat Barron stated that the access would be determined by the grading and drainage studies and he suggested that they just continue to work with the Town staff on this matter. Discussion followed on the landscaping around the backside of the main building and the surfaces around the building. Discussion followed on the fire truck access. Mr. Barron stated he would take all comments back for consideration. White Eagle River Townhouse Annexation/Riverside Center Development Proposal Fritzlen stated that Peter Jamar, on behalf of Ken Kris and Golden Buff Enterprises, owners of the above described properties, is requesting a conceptual review for a Specially Planned Area Development Proposal. She stated that presently the White Eagle River Townhouse Annexation is split into the Riverside Subdivision and the Yacht Club SPA, which received preliminary approval for a building development proposal submitted in November of 1986. She descr'bed the locations of the sites on the map provided and gave a brief description of the previously approved developments. Discussion followed on ,:nme of the problems the previous projects had regarding grades etc. Fritzlen stated that the regulations for these projects are still in effect as is the NC zoning on the r Planning and Zoning Commission Meeting .Minutes December 6 Page 7 of 9 Riverside project. Peter Jamar stated he was here to inform the Commission of what the status is now and to get some input from them regarding what they would like to do with the property. He stated that they want to re -combine the two separate properties. The total site runs from Beaver Creek to the Stonebridge bridge and between the river and Highway 6. About 70% of the site is being proposed to be dedicated to the Town as open space. They want to build a 150 accommodation unit lodge with apprcximately 5000 square feet of accessory commercial in the center of the property and 8 dwelling units on the west end property. Jamar stated that they have 20 development rights and need 38. Discussion followed on possible square footage ald heights etc. Jamar stated that his main concern at .his time was the re -combination of the property. He Stated that when a developer is ready to build on the site, all the information needed would be provided. Discussion followed on the mannaer of assigning the needed development rights. Discussion followed on the need for lodges rooms verses the need for long term residential units. Discussion followed on the small lot on the west end. Discussion followed on the amenities to be provided I the commercial area. Fritzlen discussed the transfer of residential development rights in the past and further discussion followed on the manner of transferring development rights. Commission nembers commented on the concept and the general consensus was that this would be a nice project for this site. Cuny asked that the staff provide, at the next meeting, some comparisons on density rights, so the can get a feel as to ,vhat has been done. The Commission asked that they wor'c with 1:he Town regarding bike paths etc. Mr. Jamar stated that it has been suggested that they go to the Council meeting nexu week and he will be back before the Commission, possibly on th3 20th or the 3rd. .f 4N a Planning and Zoning December 6, 1988 Page 8 of 9 Commission Meeting Minutes Reading and Approval of thc, Planning and Zoning Minutes of the 11/15/88 Regular Meeting Reynolds moved to approve the minutes. Landauer seconded. Cuny questioned the wording of a sentence on page seven. The Secretary rep lied that the statement was verbatum. The motion passed unanimously. Other Business Reynolds asked if the staff had received the letter from Allan Nottingham regarding the promise not to fractionalize or build more than two units on Lot 23, Block 4, Wildridge Subdivision. The Secretary stated she had received a copy of the letter. Discussion followed on this matter and the fact that this a matter to be handled between Allan Nottingham and the property owners. Further discussion followed on transfers of density rights. Fritzlen stated that she has been trying to get hold of John Dunn to clarify this matter. Fritzlen stated that one 01 I things about fractionalization is the way the administrative procedures are worded at this time. They state that the final design review and the approval for fractionalization are in conjunction with each other. Does the Commission want them kept together or separated. She stated that she wanted the Commission to think about this and give Vier their opinions later. Also discussed was the fact that the awning for Subway Subs has not been approved by the Commission. Perkins moved to adjourn Landauer seconded. The meeting was adjourned at 10:15 PM. Respectfully submitted, Charlette Pascuzzi Recording Secretary Planning and Zoning Commission Meeting Minutes December 6, 1988 Page 9 of 9 Commission P. Cuny T. Landauer F. Doll J. Perki D. Hill _ C. McR ry A. R royal Y -Date _/,� , WU (Z,; _ s