PZC Minutes 051689r
RECORD OF PROCEEDINGS
MINUTES OF PLANNING AND ZONING MEETING
MAY 16, 1989
The regular meeting of the Planning and Zoning Commission was
held on May 16, 1989, at 7:50 PM in the Town Council Chambers
of the Town of Avon Municipal Complex, 400 Benchmark Road,
Avon, Colorado. The meeting was called to order by
Vice -Chairman Frank Doll.
Members Present: Frank Doll, Denise Hill, Clayton McRory,
Buz Reynolds, Terri Jeppson
Staff Present: Lynn Fritzlen, Department of Community
Development; Charlette Pascuzzi,
Recording Secretary; Norm Wood, Director
of Community Development
Election of Officers
Vice -Chairman Doll stated that the first order of business is
to elect a Chairman, Vice -Chairman and Secretary for the
year.
Reynolds nominated Frank Doll for Chairman.
Hill seconded.
The vote was unanimous.
McRory nominated Buz Reynolds for Vice -Chairman.
Hill seconded.
The vote was unanimous.
Reynolds nominated Denise Hill for Secretary.
McRory seconded.
The vote was unanimous.
Doll thanked the Commission members for their confidence in
appointing him Chairman. He commented, for the benefit of
the Commission members, what he felt the procedures for the
meetings should be.
Planning and
May 16, 1989
Page 2 of 14
Zoning Commission Meeting Minutes
Fritzlen stated that Jerry's Auto Repair is located in the
Mountain Center Building, on Nottingham Rd. She stated that
Jerry Vekre is seeking continuance of a Special Review Use
approval of his business in the Mountain Center Building.
Planning and Zoning Resolution 88-8, adopted August 1988,
recommended approval of the SRU with six conditions, the
sixth one being re-evaluation at the time Phase II of the
project is s;arted or not later than June 1, 1989.
Fritzlen stated that Jerry's Auto Repair was originally
located in Unit S-2, but on November 15, 1988, the applicant
requested the Commission's approval of the move to Unit B-2,
which was granted. The applicant indicated at that time that
the owner of Mountain Center, Les Shapiro, would allow
parking for 15 vehicles on the west end of the building for
the storage of cars awaiting repair. This is the area where
Phase II of the Mountain Center was to be developed.
Fritzlen stated that no building permit for Phase II has been
applied for as of this date.
Fritzlen then reviewed the criteria applicable to a Special
Review Use, stating that the access has been previously
reviewed and approved, that fire protection has also been
previously reviewed and approved and that the domestic water
supply is adequate.
Fritzlen commented that as approved, the Mountain Center
development provides adequate parking per the Town of Avon
parking requirements for all of its tenants, including
Jerry's Auto Repair, but the storage of vehicles awaiting
repair and customer/employee parking exceeds the required
number for off street parking. She stated that a car storage
area is important to the operation of a vehicle maintenance
shop and the evaluation of the Special Review Use is in order
to ensure that other tenants in the building have adequate
parking.
Fritzlen stated that the area west of the Mountain Center
scheduled for Phase II is currently in a partially excavated
state and no revegetation has been initiated. The number of
cars in this area has peen observed to exceed fifteen and
there is the potential tiiat vehicles and miscellaneous debris
not associated with Jerry's Auto Repair are being stored
there. She stated that in order to continue to alloo the use
of the western portion of the site as a car storage area, it
Planning and Zoning Commission Meeting Minutes
May 16, 1989
Page 3 of 14
is suggested that the area be adequately regraded,
revegetated, surfaced in a manner appropriate to its use,
screened from the adjacent public right-of-ways, the number
of cars be limited to a mazimum of fifteen and any
miscellaneous debris be removed. Fritzlen suggested that
these improvements be subject to Planning and Zoning
Commission approval as a Design Review application.
Fritzlen stated that the Staff recommends continuance of the
Special Review Use with conditions. She stated that
Resolution 89-6 has been prepared recommending approval. The
first two conditions are identical to those in Resolution
88-8, with the other conditions being: 3. The use of the
western portion of the site be maintained as a car storage
area and that the following improvements be subject to
Planning and Zoning Commission approval as a Design Review
application and be completed on or before August 15, 1989:
a. The car storage area be adequately regraded, revegetated,
and surfaced in a manner appropriate to its use; b. All
cars shall be screened from adjacent private property and
public right-of-ways; and 4. The number of cars in the
designated car storage area be limited to a maximum of
fifteen and the storage of any additional material or debris
shall be prohibited.
Jerry Vekre stated that he agrees with grading out the
parking lot, etc., but he is not sure what is being requested
as far as the hiding of the cars. He stated he didn't see
why he has to hide them. He feels it will look much better
if the lot is regraded, etc.
Doll stated that what was required was not to see any of the
cars parked there, from any point of public ways and adjacent
property.
Discussion followed on the amount of cars that are usually
parked there. Vekre stated that the limit of fifteen cars is
very hard to work with.
Reynolds asked if there had been any complaints from any of
the other tenants of the building.
Fritzlen stated that there have been complaints regarding to
the operation of the fan and the exhaust of fumes.
Planning and Zoning Commission Meeting Minutes
May 16, 1989
Page 4 cf 14
Lots 26/27.
Review Use. Jerry Vekre Owner Public Hearing. (cont)
Reynolos stated that this had been one of the specific
questions that had been asked when the original SRU was
granted and upon visiting Inter Mountain Engineering, he had,
in a matter of e few minutes, been effected by the fumes.
Also, he has seen the fire lanes and entrances to the parking
lot that is used by the tenants blocked off by the cars. He
understands that thero is a large amount of business there,
but at the same time, when the SRU was granted, there was a
concern for the other tenants.
Les Shapiro statod that they have had a problem with the
ventilation system. They are in the process of redoing it.
They have ordered the equipment and it has been shipped and
they hope to have it all installed by the end of the week.
The Commission asked for an engineers report on the new
system.
Shapiro stated that Jerry is having his employees park on the
west end and in consideration that he is not parking any of
their personal vehicles on the asphalt, he asked that the
Commission consider increasing the amount of allowed
vehicles.
He stated that they had found the owner of the debris and
that has been removed. Also, they would like to propose
that, rather than use the upper lot, they do some significant
grading and berming on the lower west side and use that for
parking of the cars. Discussion followed on the amount of
cars that can be handled in that area. Shapiro stated that
they could probably park 15 to 25 cars in that area. They
weri asked to provide plans for this at the next meeting,
June 6, 1989.
Reynolds stated that he would also like to see something from
the staff regarding the ventilation system w,thin a period of
no longer than 60 days and at that time re-evaluate this SRU.
Further discussion followed on the proposed improvements.
Hill moved to Lable this item until the June 6, 1989 meeting.
McRory seconded.
The motion carried unanimously.
Planning and
May 16, 1989
Page 5 of 14
Zoning Commission Meeting Minutes
Fritzlen described on the map the location of the requested
Special Review Use. She stated that Lou Acosta is requesting
approval of the Special Review Use to allow for the Circus on
Thursday June 15, 1989. The five ring circus will be held in
a tent 145' wide by 396' long. There will be seating for
3000 people and approx;mately 1000 parking spaces will be
required for each show. There is no public parking on site
proposed, but the Rotary Club is making arrangements with
Vail Associates to provide parking and public transportation
from the Beaver Creek Lot East. She stated that Sunroad
Subdivision is located in the RHDC zone district and open use
recreation, which the circus falls under, is an allowed
Special Review Use.
Fritzlen then reviewed the staff comments, stating that the
site is located in a central Avon location and arrangements
are being made for offsite parking and public transportation.
Additionally, the event will be held at a time when parking
demands are not at peak levels.
She stated that the Staff recommends approval of the Special
Review Use and has provided Resolution 89-7 for that purpose.
Reynolds asked if there will be other tents other than the
circus tent.
Lou Acosta stated that there would be auxillary tents for
rsfreshments, etc. He provided a hrnr_.hi,ra showing the layout
of the circus. He stated that the transport will be by vans.
Reynolds asked if there were any concerns from the fire
department. Fritzlen stated that there were none.
Discussion followed on the parking requirements and needs.
Doll then opened the public hearing.
Kevin Payne stated that they will bs using the same parking
plan that they use for all their special events. He stated
that there will be enough parking. He stated that the lot
will be fenced to limit access.
Doll called for any other comments from the audience and
hearing none, closed the public hearing.
Planning and
May 16, 1989
Page 6 of 14
Zoning Commission Meeting Minutes
Lot 1 and 2 Sunroad Subdivision Carson and Barnes Circus,
. . -_.._ _.. ..__ I ,... A-- +e vfl;l-ca'le Vallnv Rntary
Jeppson asked if they have access to both East and West lots
at Beaver Creek. It was stated that they did.
Acosta stated that they have two posters about the same size
as the sign that is now on the property, that they would like
to put up, one facing Avon Rd. and one facing W. Beaver Creek
Blvd. The Commission referred him tc the staff for this
permission and also for the fees for putting up the tent.
McRory moved to adopt Resolution 89-7 for Lot 1 and 2,
Sunroad Subdivision for the Carson and Barns Circus Special
Review Use.
Jeppson seconded.
The motion carried unanimously.
Fritzlen stated that evzn though this item was tabled until
the next meeting, a public hearing needs to be held and then
continued to the next meeting, otherwise the applicant will
have to re -submit public notices.
Doll then opened the public hearing and asked for any
comments. With no comments forthcoming, the Commission then
continued the public hearing to June 6, 1989.
Fritzlen stated that Jim Comerford, owner of Subway Subs is
requesting approval of an existing sign and canopy not in
compliance with the approved sign program for the Christy
Lodge and which does not have written permission.
She stated that Mr. Comerford was requested by the Department
of Community Development to submit an application for Design
Review December 29, 1988. At the February 21, 1989 meeting
this item was considered and Mr. Comerford stated at that
time that the reason hf� was not able to procure permission
from Christy lodge was a dispute between the Christy Lodge
and the owner of Unit C-19. This item was tabled at that
time for a period of sixty days to allow the applicant to
resolve the differences. She stated that Mr. Comerford, in a
Planning and
May 16, 1989
Page 7 of 14
zoning Commission Meeting Minutes
letter, has requested that this item be continued in order to
allow for additional time to finalize an agreement with the
Christy Lodge or that it be considered for a variance.
Fritzlen stated that Staff recommends that the item be tabled
until the June 6, 1989 meeting. If permission has not been
procured at that time the itwm will be reviewed for the
variance required.
Mr. Comerford stated that, though they thought an agreement
could be reached within the 60 days, no such agreement has
been finalized at this time. He stated that he feels it is a
matter that will be resolved, however, he would like to ask
the Board to consider a variance, even a variance with a time
stipulation.
Dennis Snyder, of Subway Subs, commented on the need for
being able to display their sign, which is basically a
trademark of Subway Subs. He provided phDtos showing other
Subway Subs stores. He feels that without the awning the
business would not be visible in the current location.
Further discussion followed on the situation between the
Christy Lodge and the owner of the Unit and the position that
Mr. Comerford was in.
Fritzlen commented that the sign code is intended to somehow
find a balance between aesLhetic needs of the lown and what
is appropriate commercial signage. She stated that the
Commission has made decisions before about what meets the
needs of the applicant and still meets the intent of the sign
code.
Discussion followed on the various types of signs now on
Christy Lodge and the fact that most of them are differert
from each other.
Discussion followed on granting a variance. Wood reviewed
the criteria and findings needed to grant a sign variance.
McRory moved to grant a sign variance for a period of one
year, citing the findings that the strict or literal
interpretation and enforcement of the regulation would result
in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of this title; and there
are exceptional or extraordinary circumstances or conditions
Planning and
May 16, 1989
Page 8 or 14
Zoning Commission Meeting Minutes
applicable to the site of the variance that do not apply
generally to other properties in the vincinity.
Reynolds seconded.
The motion carried unanimously.
Reynolds suggested that the Staff send a letter to Christy
Lodge requesting them to come in to amend their sign program.
Lot 54 Block 3 Wildridge. Ptach Residence Single Family
Residence Preliminary Design Review
Fritzlen located the property on the map and stated that it
had two frontages. She stated that there is a reduction of
the site plan included with the staff report. Steven
Richards, on behalf of Tom and Cindy Ptach is requesting
preliminary design review for a single family residence, on a
lot located within the Wildridge Specially Planned Area.
Fritzlen reviewed the design review considerations, stating
that given the information presented, the application is in
conformance with applicable codes. She stated that the
exterior materials are cedar shaKes, wood siding, stucco and
river rock. Regarding the impacts to adjacent properties,
she stated that given the information presented, there are no
unusual or significant impacts to adjacent properties. with
regards to the compatibility with site topography, the site
is large but steeply sloped. There are two frontages to the
lot, and both are extremely steep and present difficult
access design problems. The proposed access is from the
lower road. Topographical information has not been provided
in the area where the driveway is indicated although it is
noted on the site plan that there is a nine percent grade.
The driveway scales at approximately 200' in length and is
12' wide. Town of Avon Design Guideline, recommend a maximum
of 10% for ramp grades on residential development. The long
driveway may require considerable retainage, to maintain a
consistent 9%, and that retainage will be visible to
properties south of it. Without additional topographic
information this cannot be fully evaluated. In general the
driveway will dominate the character of this proposal and
consideration should be given the building closer to one of
the street frontages, possibly into the front setback in
order to minimize site impacts. Fritzlen stated that if
considerable retainage is to be incorporated into the site
design, naturalistic or textured materials, integrated with
Planning and Zoning Commission Meeting Minutes
May 16, 1989
Page 9 of 14
landscaping are encouraged. fritzlen stated that this
proposal is unique to the vicinity.
Since this is a. preliminary review no formal staff
recommendations are submitted at this time, however, the
Commission should consider the following considerations: 1.
The long driveway may require considerable retainage, to
maintain a consistent 9% and that retainage will be visible
to properties south of it and moving the residence closer to
the road may have a lesser site impact; and 2. The site is
steeply sloped, sensitive site design and building massing is
important to the visual appearance of this proposal.
Steven Richards stated that the house is a three bedroom,
three bath on a lot zoned for a duplex. The style is a ranch
style and the most important part of the design is the
driveway coming in. He stated that Inter Mountain did the
site survey and they will be providing a topographical. He
stated that the drive will follow the bank of the slope, so
hopefully they can minimize any visual impact on the
neighbors. They plan to hold it right to the 9%, which
means that they will have to have some embankment across the
front.
Discussion followed on the cribbing that will be needed and
length of the driveway, and landscaping and the matter in
which the applicant plans to shield the scar that will be
made in cutting the drive.
Discussion followed on some of the planned landscape and the
need for watering certain types, i.e. the cottonwoods
proposed.
Colors will be a bluish grey.
The applicant asked if there were any concerns regarding the
drive being gravel. The Commission had none. The applicant
stated that the reason for the gravel drive was to help with
the drainage.
Fritzlen stated that there are requirements regarding the
surfacing of vehicular access and parking areas. The
applicant was directed to work with the staff on these
requirements.
The applicant was directed to take the concerns of the
Planning and
May 16, 1989
Page 10 of 14
Zoning Commission Me,�ting Minutes
cont
Comission and incorporate them in the final design review
plans. Doll stated that the Staff would help if there were
any questions.
Fritzlen stated that Mike Bennett is requesting approval to
re -stain the portions of the wood and re -paint the portions
of the stucco.
Mike Bennett provided a color chart of the proposed new
colors. He stated that all five buildings will be re -painted
and re -stained. They hope to start June 1, 1989. They are
not going to trim all the 1 by 2 trim, they are only going to
trim the facia. The facia will be a sandstone buff and the
stucco will be a modern ivory. They should be completed by
mid-August.
Hill moved to approve the colors of modern ivory, hay 2 color
SH -73 for the stucco and sandstone buff Key 2 color SH -42 for
Lot 41/44, Benchmark at Beaver Creek, Beaver Creek West
Condominiums.
McRory seconded.
The motion carried unanimously.
Fritzlen stated that Mike Bennett had received approval on
November 17, 1987 for placement and screening of the
satellite dishes. There were thrae trees and a 6' high cedar
fence approved as the screening. The applicant proposes
deleting the fencing due to its lack of effectiveness as a
screening mechanism and adding two new 8' spruce trees.
There is an existing spruce tree adjacent to the dishes.
Fritzlen stated that the applicable guide'ines are included
in the staff report. She pointed out that since the diameter
of the dishes is 9', a 6' fence would not cover them. She
stated that approval is recommended.
Mike Bennett stated that the dishes are about 12' at the
highest point and a 6' fence would not enhance the
Planning and Zoning Commission Meeting Minutes
May 16, 1989
Page 11 of 14
Lot 41/44 Benchmark at Beaver Creek Benchmark West
Condominiums. Mike Bennett. Manager Satellite Dish
Screening. (cont)
appearance. He feels a fence would draw more attention to
the area. He plans to buy the largest trees possible in the
8 to 10 foot class.
Discussion followed on the use of a fence verses the use of
trees.
Reynolds moved to approve the landscaping around the
satellite dishes at Beaver Creek West, Lot 41/44, Benchmark
at Beaver Creek, as submitted.
McRory seconded.
The applicant was asked when this would be done. He
responded that they would be planted this next week.
The motion carried unanimously.
Creek
Landscape Plan Revisions
Fritzlen stated that Kirk Aker, of Morter Architects is here
this evening to make a presentation on behalf of the
applicant. She stated that the amended landscape plan is
similar to the approved plan with some revisions related to
discrepancies between the original survey information and
actual conditions. Field verification without snowcover
revealed that the edge of the asphalt is closer to the
property line than originally assumed. she stated that along
with the staff report is an illustrat'on that shows the
differences in the curb. Additionally, hardier plant
material at the dripline has been substituted, and lastly the
amended plan responds to the revised sign monument that was
approved subsequent to the Final Design Review. She stated
that a letter has been provided explaining the necessity for
the revisions.
Kirk Aker stated the owner would like to start landscaping
next week.
Discussion followed on the discrepancies of curb placements.
Discussion followed on the plant material to be used.
The Commission asked for a copy of the original landscape
plan to compare. Fritzlen provided this for comparison.
Planning and
May 16, 1989
Page 12 of 14
Zoning Commission Meeting Minutes
Considerable discussion on the irrigation system, placement
of the proposed trees, the planting for the entry -ways, the
originally proposed seating area that has been removed, and
snow storage, followed. The Commission felt that there could
be a compromise between the original plan and the proposed
plan.
Hill moved to approve the revise landscape plan of Lot 69,
Block z, Benchmark at Beaver Creek., 51 Beaver Creek Place
Retail Complex with the following conditions:
1. The circular area on the north side of the
property be vegetated similar to the original proposed plan
and the seats be put back into the circular area.
2. At the entry way on the northeast part of the
plan be landscaped to the entry way on the northwest part of
the plan.
3. That the entry way on the East off Beaver Creek
Blvd. reach a compromise between the initial submitted plans
and what has been submitted on revised plans, so that there
is more then is shown on the revised plans, at staff's
discretion.
Reynolds seconded.
The motion carried unanimously.
McRory moved to
meeting.
Hill seconded.
The motion carried
Other Business
approve the minutes of
unanimously.
the May 2, 1989
Hill asked about the Colorado Denver delivery trucks that are
parked at the Christy Lodge. She asked the staff to find out
why they are there. Fritzlen stated that they are there in
connection with the renovation of the Christy Lodge. Staff
was asked to find out how long they would be there.
Reynolds commented that he would like to see the Benchmark
Condos finish their painting that they started last year.
M
to
s
Planning and Zoning Commission Meeting Minutes
May 16, 1989
Page 13 of 14
s
Other Business (contl
Jeppson asked why trucks are parking just west of Pizza Hut?
She stated that she had a concern with this. E
Fritzlen stated that maybe it would b�, good to address this
matter by possibly drafting some r%commendations to the
Council regarding adopting some regulations for appropriate
parking of commercial vehicles.
DiSC1.lsSi0n followed on the van lines problem.
Hill asked about the trash enclosure problems. Fritzlen
stated that there are some problems with Suncrest.
McRory asked about the status of the trailers parked at
Wal-Mart. Fritzlen stated that Norm Wood was handling this
matte,-.
It was decided to have a worksession at the next meeting to
help orient the new members at 7PM.
McRory stated that he would like Staff to inform the Council
that the Planning and Zoning Commission would like to be
involved in the Master Planning.
Jeppson moved to adjourn
McRory seconded.
The meeting was adjourned at 10:20 PM.
Respectfully submitted,
Charlette Pascuzzi
Recording Secretary
Planning and
May 16, 1989
Page 14 of 14
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Zoning Commission Meeting Minutes
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