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PZC Minutes 022189RECORD OF PROCEEDINGS MINUTES OF PLANNING AND ZONING MEETING FEBRUARY 21, 1989 The regular meeting of the Planning and Zoning Commission was held on February 21, 1989, 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, Buz Reynolds, John Perkins, Tom Landauer Clayton. McRory Staff Present: Lynn Fritzlen, Department of Community Development; Charlette Pascuzzi, Recording Secretary; Norm Wood, Director of Community Development Rgt uest. Wood stated that the owners of the proposed Riverside Subdivision, which was previously Riverside Center which was previously subdivided and zoned Neighborhood Commercial and the adjoin.ng property immediately to the west was approved for zoning SPA and known as the Yacht Club parcel is being proposed for resubdivision and rezoning, with the entire parcel to be zoned SPA. He then described the location of the property. He stated the Riverside Center Subdivision was 5.69 acres and the Yacht Club Portion was 3.57 acres. This proposal would zone Lot 1, which is the main core of what was previously the Yacht Club and Riverside Center, which is 2.5 acres. The requested zoning is to allow development of a 150 unit hotel, lodge, or motel and up to 5000 square feet of related commercial. Wood stated that Lot 2 is the area that was previously defined in the Yacht Club zoning and is at the far west end of the parcel, containing approximately .37 acres and previously zoned for 8 residential development rights with allowed uses of dwelling units. He stated that no change is being requested for this particular parcel. Wood stated that the other area that would be divided with this proposed zoning and related subdivision is Tract A, ,-w Planning and Zoning Commission Meeting Minutes February 21, 1989 Page 2 of 14 which basically follows the Eagle River and contains a total of 6.4 acres. A large portion of it is either river bank or in the river, but at the far east end there is approximately 1-1/2 acres that is suitable for development as a riverfront recreation area. Wood stated that the intent of the owner is that if the approvals are granted, they will try to find a developer. Wood stated that in addition to the basic zoning information, there are some schematics that shows at least the general type of building that would accommodate the proposed uses. Wood stated that Staff has reviewed the proposed zoning request in accordance with the Evaluation to Working Goals, Policies and Strategies. It was decided to ask the applicant to make his presentation and then go through the review points. Peter Jamar, representing Golden Buff Enterprises, summarized their request, pointing out on the map the site and describing what they are now reouesting. He further described the past history of the parcels. He stated that the essence of the proposal is to take the two previously platted Lot 1's and drop the lot line and combine the two into one developable lot and remove the commercial zoning and remove the twenty residential development rights and basically consolidate it into one comprehensive development of a lodge up to a maximum of 150 units, with the accessory commercial space within the lodge, such as a restraurant and bar etc. He proceeded to describe the benefits of this type of project. He stated that the current zoning on the property allows for strip commercial development And he doesn't feel that that is very desirable for Avon in that location. It makes mu h more sense to consolidate the commercial and retail type of businesses into the core area of town. He stated that the asthetics of the site are much more conducive to a lodge use. He feels that the proposed development would be much more in harmony with the surrounding adjacent properties, in terms of their residential character. He stated that he had met with the property owners that abut this project on each side and from the discussions they feel that it is a positive upgrade. Jamar stated that while some of the seven staff recommendations are things that he would rather not have to Planning and Zoning Commission Meeting Minutes February 21, 1989 Page 3 of 14 Proposed Riverside Subdivision SPA, Zone Chance RecLuest, Public Hearin s (cont) go along with, he doesn't think they will be anything that will destroy the projec... He stated that the majority are good suggestions and he has no problem with meeting any of the seven conditions for approval. Chairwoman Cuny then opened the public hearing. She called for any comments from the audience. Receiving no :omments, she asked if any correspondence had been received. The Secretary stated that a letter had been received, and a copy was included with the Staff Report. Cuny proceeded to read the letter from Robert Wiegel, asking that thQ project be denied, as he feels that any development alo,ig the river would create dangerous on-off traffic to Highway 6 and that he felt that anymore development along the river was not needed. Cuny then closed the public hearing. Wood stated that the property is located in Development District Five. Wood then proceeded to review the point by point evaluation to working goals, policies and strategies, as presented in the Staff Report. Wood stated, based upon the Staff reviews, Staff has recommended the following conditions for approval of the ordinance as presented: 1. The Town of Avon be provided an access and maintenance easement from Lot 1, to Tract A as part of zoning and subdivision approval - This can probably be best dealt with on the subdivision process; 2. There shall be no intrusion into the rear setbacks for built recreational facilities as proposed - In the initial proposal there was a request to be able to build a spa or swimming pool or some type recreational amenities in the 30 foot setback from the Eagle River. This is not in conformance with the subdivision regulations regarding stream setbacks and it is recommended that this request not be allowed; 3. Maximum building area ratio shall be reduced to 50% to realistically reflect the area within the proposed setbacks that is suitable for development - The ordinance as presented requests a building area of 60% lot coverage on Lot 1, Staff recommends maximum building area ratio be limited to 50%; 4. In order to accommodate the underground parking, the request is for a variance from our parking regulations for a portion of the front setback, which requires parking and dr•ve areas be setback a minimum of 10 feet from the front property line, in order to accomplish access to underground parkins. Wood stated that Staff is recommending that an exception to the 10 foot parking setback, be granted for a maximum length Planning and Zoning Commission Meeting Minutes February 21, 1989 Page 4 of 14 Proposed Riverside Subdivision SPA Zone Change Request, Public Hearing. (con't) of 200 ft, which should allow a ramp to underground parking; 5. Zoning approval be contingent upon approval and recording of Final Subdivision Plat conforming with proposed zoning; 6. Staff recommends that under assigned density, in the ordinance, that it be revised to read: No Residential Development Rights are assigned. Development shall be allowed in accordance with Allowed Uses; 7. Allowed Uses for Lot 1 will be revised to read 150 Accommodation Unit Hotel, Lodge or Motel, with a maximum of 5000 net square feet of commercial use, which may consist of retail shops, restaurants, personal service shops, cocktail lounge and office. Wood stated that a Resolution had been prepared for the Commission to consider. He asked the Commission to notice that the Resolution also included a number of findings to be used as criteria for reviewing this application. Cuny asked if Staff is saying that rather than assign the 38 residential developement rights that can be fractionalized, that the applicant is asking for, the Staff is giving them 150 accommodation units. Wood stated that Staff feels the best way to approach it is to provide allowed uses, which would allow the development. The accommodation units could not be transferred. Cuny stated that the Town Attorney, John Dunn was present to answer any questions the Commission might have. Reynolds asked if, in a SPA zone, the Commission has the right to grant conditional residential development rights? Mr. Dunn replied that the Commission did have the right. Discussion followed on this matter and if this would be considered as spot zoning. Discussion followed on the conditions. Jamar stated that he was concerned with the building height of 60 feet, when they are asking for 65 feet. He stated that the request to reduce the building coverage to 50% is also a concern. They would prefer the 60% coverage that they are asking for. Further discussion followed regarding this condition. Discussion followed on Exhibits "A" and "B". These will be included with the ordinance that goes to Council. Further discussion followed on the conditions and especially on condition number 4. regarding the parking setback to allow for the construction of access ramp to the underground parking facilities. Cuny then reviewed the findings as provided by Staff in the Resolution. Planning and mooning Commission Meeting Minutes February 21, 1989 Page 5 of 14 Proposed Riverside Subdivision SPA Zone Change Request, Public Hearing (con't) Jamar stated he felt that condition 6 and 7 should be worded differently. He feels that condition 6 should be clarified to state 150 accommodation units is the assigned density. Dunn suggested changing the language in condition 6 to read as follows: the assigned density for Lot 1 be revised to read: 150 accommodation unit development rights are assigned, which may be developed only in accordance with allowed uses. Mr. Jamar agreed. Perkins stated that he feels that the applicant should be allowed to use 60% for coverage. Doll agreed. Discussion followed. Perkins moved to recommend to the Town Council to adopt ordinance 89-5, Series of 1989, with the conditions 1 through 3 as presented, condition 4 to remain at 60% developable area, and condition 5 to remain as stated, and condition 6 to be revised as per the Town of F,von Attorney, and condition 7 to remain as stated. Doll seconded. Cuny stated that basically the motion is to adopt Planning and Zoning Commission Resolution 89-2 as revised, which recommends Council approval of Ordinance 89-5. The motion carried unanimously. Lot 8 Block 3 Benchmark at Beaver Creek, 24 Unit Pro.iect Fritzien stated that Tony Seibert of South Harbor Development Corporation is requesting preliminary design review for a 24 unit residential complex on Lot 8, Block 3, Benchmark at Beaver Creek. She stated that the lot is zoned residential high density and commercial. She stated that the design review application is in conjunction with a request for approval for fractionalization. The lot has 16 residential development rights assigned to it , 12 of which are to be split in half to create a total of 24 residential units not exceeding 800 square feet each. The development consists of four buildings with six units each. The buildings are three levels high and aligned with the southwestern or river edge of the property. Fritzlen then pointed out on the map where the site is located. She stated that there are carports proposed Planning February 21, 1989 Page 6 of 14 and Zoning Commission Meeting Minutes Project, (coni on the north side and at the previous meeting the applicant received a variance for encroachment into the back setback. She then described the elevations provided. Fritzlen then reviewed the design review considerations. She stated that it appears that the individual units may exceed the 800 sq. ft. limit for 1/2 of a residential development right by 20 to 40 sq. ft. and additional dimensional information is needed to make an exact determination. She also stated that the balconies of the east side units of the easternmost building appear to be encroaching into the 25' front building setback. She stated that the staff has concerns that the westernmost buildings may not be accessible to fire protection and additional onsite fire protection may be required. She stated Staff was getting input from the fire department on that issue. She stated that compact parking spaces are indicated in an exterior location. Fritzlen stated that the proposed development is similar to adjacent Sunridge in regards to height, type of exterior materials and fenestration. The buildings themselves though are not as large as those of Sunridge and are probably more desirable in terms of scale for a residential project. She stated that the site is relatively isolated by the river and the railroad and the project has no unusual or significant impacts on adjacent properties. She stated that the applicant has shown improvements, including a gravel path and picnic area as part of the proposal on the adjacent openspace tract. Permission of the owner of the tract should be obtained prior to approving site development as presented. Regarding the compatibility of proposed inprovements with site topography, she stated that the site is gently sloped and easily accommodates the proposed improvements. Proposed buildings sit behind the beginning of riverbank. Regarding the visual appearance as viewed from adjacent and neighboring properties, this project will be screened from the north and south by the railroad fence and the river vegetation respectively. The primary view of the project will be from Beaver Creek Blvd. Landscaping is proposed at the drive entries. She stated that the carports are enclosed in a long uninterrupted structure and may benefit from varying the parapet height or some other means of creatirj visual interest. She stated that the proposed buildings are Planning and zoning Commission Meeting Minutes February 21, 1989 Page 7 of 14 identical to each other, but are offset and angled which will mitigate the regularity. Fritzlen then reviewed the general conformance of the proposed improvements with adopted Goals, Policies and Programs of the Town of Avon. Fritzlen stated that in addition to the above described design guidelines the Commission must consider the criteria for fractionalized projects and reviewed the criteria. She stated that the access does appear to be adequate. The site is immediately adjacent to a Town of Avon bus stop aithough there is no service at this time. She stated that there does not appear to be any unusual or significant impact on public or private services by this proposed development. Fritzlen stated that this is a preliminary design review and no formal action will be taken. She stated that there are a number of items that must be submitted prior to final design review which include: drainage plan, information on exterior lighting, proposed irrigation system, detailed dimensioned floor plans and permission of the adjacent property owner for the proposed improvements in the openspace tract. She stated design modifications to the proposed carports are recommended and lastly, compact parking spaces are not allowed in an exterior location and proposed spaces on the west should be redimensioned. Tony Seibert stated that because of the unique shape of the site they had to come up with some very specific designs in the buildings and what they have tried to do is to utilize all of the amenities available. They have made virtually the entire south face of the buildings, all living room, dining room and kitchen areas approximately 75% glass to enhance the southern exposure aspect. Also, all the decks are placed on the south side, so that every unit overlooks the river. Relative to size, he stated that th,y are very conscious of size and the specific square footage in the units is designed to be just less than 800 square feet. He stated that the plans submitted to staff were not well dimensioned. When they submit for final they will be within the 800 square foot requirement. He stated that they will work directly with Lynn and the fire department to make sure that the correct access lanes are provided for the westerly building. Regarding the compact parking spaces, he stated that this would be resolved before the final design review. He stated that he was not aware that the openspace was not owned by the -q, Planning and Zoning Commission Meeting Minutes February 7, 89 Page 8 of 14 Lot 8, Block 3. Benchmark at Beaver Creek, 24 Unit Residential Complex, South Harbor Development Corporation, Tony_ Seibert, Preliminary Design Review, Fractionalized Town of Avon, therefore, they have not approached the owner of the tract, but they will do that before the final design review. He stated that he agreed with Fritzlen regarding the current design of the carport and feels it does need something better in the way of design. He stated that the drainage plan would be provided tomorrow. Relative to exterior lighting, this will be shown on the final review. He stated that an irrigation system will be included. Floor plans will be detailed and parking spaces modified as requested. Discussion followed on the marketing of these units. They are structuring this so that the units can be legally condominiumized. They will then offer the buildings to local employers, with specific deed restrictions that prevent them from deeding these out as condominiums for probably five to seven years. Discussion followed on the marketing range. Seibert stated that they are shooting for the high 50's, but preliminary economics are showing the low 60's. Discussion followed on various design features. Seibert stated that the buildings could be shifted to accommodate for the encroachment into the setback. Hill asked if the fireplaces are to be used as a heat source? Seibert stated he thought they would be a heat source. Although no formal action was taken, the Commission agreed that this was a desirable project once the staff concerns were met. Fritzlen stated that John Railton is requesting final design review approval for a detached duplex proposal on Lot 16, Block 1, Filing 1, Eaglebend. She stated that the east and west residences are 2200 sq. ft and 1800 sq. ft. respectively and share a common drive and interconnecting deck. She stated that included in the staff report is a site plan and an area plan showing lot 16, lots 15, 17 and 18. Fritzlen then reviewed the design considerations. She stated that the application appears to be in conformance with Planning and Zoning Commission Meeting Minutes February 21, 1989 Page 9 of 14 Lot 16, Block 1 Filing 1, Eaglebend. Detached Duplex Residence John Railton Final Design Review. (con t) 'che zoning code. She stated that the site slopes moderately from the road down to the Eagle River bank. Building design does step with the slope. She stated that it appears that approximately 100 sq. ft. of deck encroaches beyond the edge of the river bank. She stated that, given the limited site depth above the river bank on the west side of the property, it would be difficult to pull the west building behind the river bank without a front setback variance. She then pointed out the colored elevations provided. She stated the colors would be a light grey with a teal trim and roof. She stated that it is recommended to limit all new grading and landscaping improvements to the area behind the bank. Fritzlen stated that the design has no unusual or significant impacts on adjacent properties and the proposed improvements appear to be compatibility with site topography. Fritzlen stated that all four elevations have visual interest and variety. She stated that the two sides are neither identical in size or elevation, but are complimentary in form and detail. She stated that there are no adopted goals for the Eaglebend Subdivision. Fritzlen stated that staff recommendations are: Approval of exterior material samples and colors, approval of exterior lighting, the inclusion of adequate hosebibs on the building nermit plan to maintain the approved landscape materials and all finish grading and landscape and building improvements with the exception of the western deck, be located behind the top of the Eagle River bank. John Railton had some concern about the designation of the top of the river bank as shown by Fritzlen. Fritzlen stated that since it is under snow it was hard to accurately determine and there is a potential for discrepancy. Discussion followed on the various projects that Mr. Railton is involved with in Eaglebend. Railton described the colors and material that will be used, stating that the stucco will be white and the stone work will be the moss rock. He stated that the only landscape lighting will be on the stone wall. The other lighting for the exterior of the building would be lights that would conform wii.h the code and will be shown on the drawings. They will Planning and Zoning Commission Meeting Minutes February 21, 1989 Page 10 of 14 be lights that will be on the building, but over the stairways that lead down to the front entrances and also lights over the doors that come out onto the deck. He stated that he has tried to achieve consistency in street landscaping and ear*h berming. Discussion followed on the metal roof and the relocation of the fireplace chase. Mr. Railton stated he could move the fireplace chase and described where he could locate it. Discussion followed on whether an exit would be needed on the third floor. Doll moved to approve final design approval subject to staff recommendations and to the comment regarding placing the fireplace stack. Reynolds seconded. The motion carried unanimously. Lot 25 Block 2 Benchmark at Beaver Creek Christy Lodge Unit C-19, Subway Subs Canopy and SAgn. Sign Variance and Design Review Jim Comerford Wood stated that Jim Comerford has requested design review approval for the canopy and signage for Subway Subs entry. Wood stated that one of the problems in dealing with this particular request is that the Christy Lodge does have an approved sign program and the proposed sign is not in accordance with that program. He stated that Section 15.28.080 of the sign code states that proposed signs not in accordance with an approved sign program will only be considered upon receipt of written evidence that the proposed sign is acceptable to the owners of the building or the owners association. Under the current circumstances, it appears that the only way the Commission can consider this application is from a variance request. He suggested that the Commission listen to Mr. Comerford's presentation and then possibly table action on this item until the next meeting when the application can be modified to specifically address the variance procedure. Jim Comerford stated that Subway Subs is in a space that is owned by Sun Vail Development Corporation. He stated that Sun Vail Development is currently having a dispute with the Christie Lodge Board of Directors and as a result Subway has been caught in the cross-fire. They have refused to provide the letter of approval so a proper application can be made. He stated that he had appeared before the Board at Christie Planning and February 21, Page 11 of 14 Zoning Commission Meeting Minutes 1989 Lodge on October 28th and they did not refu,.e the construction for Subway. He stated that there had been full support from the Lodge for Subway. The problems are with the company that owns the space. He stated that he would like to come back and go through the variance process. Doll asked what type of variance is being sought. Dunn replied that it would be a variance from the requirement of a letter of consent, because the sign is not conforming. Dunn stated that it was his understanding that the Christie Board is not objecting to the sign, they just do not want to give the letter of consent because they are owed some money. Comerford stated that Christie Lodge knew before had that the sign would have to be approved. Carson Wright commented regarding the pizza restaurant awning and asked if there was an approval granted on that awning. Cuny stated that they had provided a letter of approval from Christie Lodge. Discussion followed on the concept of having a sign program and why the Town urges owners to have a sign program. Cuny stated that she can't remember ever approving a sign without the consent of the building owner. Discussion followed on the problems of the building itself. Wright stated that Comerford had agreed to pay a portion of the money owed if the building owners would take care of the problems that exist over there. Cuny asked if the Town's position is to enforce the repairs. Wood stated that that would be followup building inspections, similar to fire inspections, etc. Wood stated that this is an administrative matter. Wood stated that the stated purpose of the variance is that the Planning and Zoning Commission shall have authority to grant variance from this regulation to prevent or lessen such pratical difficulties and unnecessary physical hardships inconsistent with the objectives of this Title as would result from the strict or literal interpretation and enforcement. Wood stated that the granting of a variance should be based upon the findings. This is why it was suggested that this item be tabled until the next meeting. Cuny asked Dunn if this would cause a legal problem if the Commission approved something that the 'landlord is not approving. Cuny asked if the Commission had the right to go ahead and tell the applicant that he can do it. Dunn stated he thought the Commission has the right. Discussion followed on whether the sign program was supposed to be revised. r� Planning and Zoning Commission Meeting Minutes February 21, 1989 Page 12 of 14 Lot 25 Block 2 Benchmark at Beaver Creek Christie Lodge Unit C-19, Subway Subs Canopy and Sign Sian variance and Perkins moved to table this sign until the next meeting. McRory seconded. item of Subway Subs canopy and The motion carried unanimously. Doll moved to approve the minutes of the 2/7/89 Regular Meeting as presented. Perkins seconded. The motion carried unanimously. Other Business Lot 8 Block 1 Benchmark at Beaver Creek, John Dunham Informal Review Fritzlen stated that this item came in after the agenda was set. It is an informal review request and the applicant is represented by John Dunham. She stated that the site plan and three of the elevations are included with the staff report. John Dunham stated that they are here to get comments from the Commission on a fractionalized project of 16 units 800 square feet each. Fritzlen described on the map where the site is located. Considerable discussion followed on the proposed design of the project. It was stated that these would be condonciniumized. The matter of all wood and windows was discussed. Also discussed was the grade of the entrance. It was suggested that something be done with the stairwells. The Commission agreed that the concept was good. Fritzlen stated that Buz Reynolds had submitted drawings today in response to comments from the last meeting. Planning and Zoning Commission Meeting Minutes February 27, 1989 Page 13 of 14 Reynolds stepped down as a voting member of the Commission due to a conflict of interest. Cuny asked why this item is not on the agenda. Fritzlen stated that the drawings were submitted today and there is no staff report. Monica Reynoldsstated that they had done the changes that had been requested by the staff. The changes included the lowering of the buildings to create a 10% grade or less in the driveway, the lowering of the driveway to create a 4% or less grade in the right -of -•!ay, the stepping of the building, including the berming of the west side of the building, lowering of the garage slab level to create a more definite change in the linear effect and also they are providing a three dimensional color rendering. She stated that tti y have been informed by staff that the 7.5 foot easements are not the building setbacks of 10 feet. She stated that they have started work for the granting of the variance. They believe that there is a hardship on the lot as 50% of the lot is unbuildable. She stated that if the variance is not granted they will be willing to move the buildings within the 10 foot setback, but they feel strongly that this would be a detriment rather than an asset since it would close up the view corridors for the adjacent properties. Cuny voiced concerns that there was no staff report showing that these changes are as requested. Reynolds stated that they need approval tonight as they have a contract with a prospective buyer that expires on Friday. Discussion followed on the size of the lot, and the design. Landauer asked if Reynolds had been to the Wildridge Association yet? Reynolds stated that he had not. Doll stated that he felt that this project was not any better or any worse than any of the other projects in Wildridge. Discussion followed on the material to be used for the shingles. At this point, John Perkins asked to be excused and stated that he would like to cast a nay vote on this project. Planning and Zoning Commission Meeting Minutes February 21, 1989 Page 14 of 14 Continuation of Item Further discussion followed on the proposed colors and materials. Doll moved to approve final design with the condition that the staff finds the exceptions that were noted in the last meeting to have been correcteC and that the applicant appear at the next meeting if necessary to ask for a variance for the building setback. Landauer seconded. The motion passed with Perkins voting nay. Doll moved to adjourn. Hill seconded. The meeting was adjourned at 10:30 PM. Respectfully submitted, Charlette Pascuzzi Recording Secretary Commissi P. Cuny T. Landa F. Doll J. Perki D. Hill C. McRor A. Reync - t - of 4W •