PZC Minutes 032090Ik�9
RECORD OF PROCEEDINGS
MINUTES OF PLANNING AND ZONING MEETING
MARCH 20, 1990
The regular meeting of the Planning and Zoning Commission was
held on March 20, 1990, 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
Chairman Frank Doll.
Members Present: Frank Doll, John Perkins,
Jack Hunn, Terri Jeppson
Denise Hill,
Staff Present: Rick Pylman, Director of Community
Development,
Charlette Pascuzzi, Recording Secretary
Chairman Doll, at roll call noted that all members, except
Buz Reynolds, Jack Hunn and Clayton McRory were present.
Jack Hunn arrived at 7:35 PM.
Lot 23 Block 1 Benchmark at Beaver Creek, Wolff We^ehouse,
Review of Special Review Use Continued from 3/6/90.
Rick Pylman stated that Paul Wolff was not present and the
Commission should probably continue this to the next meeting.
He stated he had not been able to reach Mr. Wolff during the
day.
John Perkins moved to table Lot 23, Block 1, Benchmark at
Beaver Creek, until the next regularly scheduled meeting,
April 3, 1990.
Terri Jeppson seconded and the motion carried unanimously.
Rick Pylman stated that at the March 6th meeting South Harbor
received final design approval with some conditions, for a
duplex on Lot 7, Filing 1, Eaglebend. Some of the conditions
required resubmittal to the Board. Pylman reviewed the
conditions as: 1. They bring a final landscape design back
Planning and Zoning
March 20, 1990
Page 2 of 12
Commission Meeting Minutes
to the Commission for approval; 2. If any modifications to
the entrance to the secondary unit were to be made they
should be brought back to the Board; 3. The applicant study
the window design; 4. The applicant reconsider colors; 5.
No exposed foundations walls be present and either stucco or
stone be used to screen those.
Pylman stated that a revised set of plans that responds to
these conditions has been submitted. He stated that the
landscape plan includes the pathway down to the secondary
unit. He stated there were notes regarding the protection of
the existing trees. Pylman recommended the caliper of trees
should be at least 2". Discussion followed on the pathway.
on the berm and asphalt in the front, and it was suggested
that some of the lower type shrubbery be included.
Chairman Doll asked if there was any change to the entrance
to the secondary unit. Rick Pylman stated that there is no
change. Jackie Montgomery, representing South Harbor, stated
that the window on the east elevation is a greenhouse window
in the kitchen. She stated that there will be a railing added
on the deck. The utility boxes will be covered with the same
siding as the house. She stated that they will use more of a
natural color on the house, with a seal on it and use a
darker green for the trim. She had no samples at this time.
Jack Hunn voiced concern that the landscaping discussed was
not shown on the site plans. Also he suggested a b" riser
and a 16" tread for the stairway down to the secondary unit,
and also stipulate that handrails would be introduced
wherever there are stairs and the maximum grade of the path
be stipulated. Considerable discussion followed on all these
items.
John Perkins moved to continue Lot 1, Filing 1, Eaglebend
Subdivision to the next regularly scheduled meeting for
specific review of a detailed landscape plan ana color
samples.
Jack Hunn seconded.
Perkins amended the motion to state that previous conditions
No. 2, 3, and 5 have been satisfied.
Hunn seconded the amendment.
The motion carried unanimously.
Planning and Zoning
March 20, 1990
Page 3 of 12
Commission Meeting Minutes
Rick Pylman stated that at the March 6, 1990 meeting the
Commissinn granted final design approval, with conditions,
for a single family residence, on Lot 3, Filing 1, Eaglebend.
The conditions required submittal of some information and
they were: 1. That the applicant reconsider the landscaping
plan taking into consideration some of the comments made at
the meeting; 2. That the applicant reconsider the use of
stucco as a second finish material; 3. A handrail be
installed on the deck and a lattice system to screen the
underside of the deck; 4. A statement regarding the
endorsement of the proposed subdivision.; and 5. That the
applicant, during construction, protect the existing spruce
trees. Pylman stated that the landscape plan has been
submitted and does contain a note about protection of
existing trees during construction. The landscape plan
defines what areas will be sodded, it indicates tree species
and size. Stucco has been added to several areas. Lattice
work has been included to screen the underside of the deck.
Utility boxes meters are enclosed in a closet that will match
the siding.
Jackie Montgomery, representing South Harbor, stated that the
landscaping plan just shows groupings of trees.
Chairman Doll suggested taking each condition one at a time.
He stated that they will ask them to come back with a more
detailed landscape plan. Regarding the second condition,
Pylman stated that stucco had been added to a few locations.
Discussion followed on this item. It was noted that
condition 3 has been met. Chairman Doll inquired if the
applicant understands about subdividing the lot. Ms
Montgomery stated they did. Jack Hunn requested that the
spruce trees show up on the site plan. He stated that May
bales should be strapped on to the trunk and a fence
installed in a diameter equal to the canopy of the tree.
Jack Hunn moved to continue Lot 3, Filing 1, Eaglebend
Subdivision to the next regularly scheduled meeting for
re-evaluation of a detailed landscape plan, stating that the
conditions 2 through 5 have been met.
John Perkins seconded.
The motion carried unanimously.
Rick Pylman stated that this project received final design
Planning and Zoning Commission Meeting Minutes
March 20, 1990
Page 4 of 12
Lot 71 Block 2, Benchmark at Beaver Creek, Revised Desi n.
Review (cont)
approval with conditions on March 6, 1990. The applicant has
responded to the conditions. The first condition was that a
final site plan indicating solutions for loading, access and
site drainage be brought back to the Board; 2. the final
landscape plan be brought back to the Board; 3. The
applicant reconsider the color selection; 4. That a sign
program be presented to the Boara at a later date; and 5. A
condition stating the Planning and Zoning commission position
on the parking/loft issue. Pylman stated that one of the
three access points has been eliminated, the two proposed
access points shown do align themselves with the access
points at the Annex as was requested by the Town Engineer.
The loading zone and parking has been changed to allow a
truck to ente- and exit without having to back out into the
street. There is a drainage plan that at this stage is
acceptable to the Town, final details will be worked out
through building permit drawings. A specific landscape and
lighting plan is included on the site plan and Mark Donaldson
is present to show the color board. A sign program will lie
brought in at a later date and is not part of this review.
Mark Donaldson stated that they had added some spruce trees
along the front and two along Buck Creek Plaza and three
along the Commercial Federal side. He stated that the
stucco colors have been changed slightly. The lighter color
stucco is Pratt and Lambert Balsa 2042, the darker color is
Pratt and Lambert Dried Moss 1666 and the metal roof will be
forest green by Berridge. Discussion followed on the color's
locations. Discussion followed on the loading situation.
Denise Hill asked if there had been a loss of parking spaces
with the change in the loading dock. Donaldson stated that
they lost two parking spaces, they now have what is required
instead of having two extra spaces.
Discussion followed on the landscape plan. The landscaping
will be irrigated automatically.
Discussion followed on the access points.
John Perkins moved to accept the response to the conditions
that were placed on the final design review approval 1
through 5 as being adequately and satisfactorily met.
Jack Hunn seconded.
The motion carried unanimously.
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Planning and Zoning Commission Meeting Minutes
March 20, 1990
Page 5 of 12
Lot 3,_3lock 3 Benchmark at Beaver Creek, Commercial Proiect
Design review
Rick Pylman stated that the applicant has been in for
conceptual review and is now asking for final design review.
He stated that it is a residential high density commercial
zone district property and there are no development rights
assigned to this property. The proposal, at this time
consists of a single two story commercial building, there is
a distinct possibility that another building will be added as
a phase II. Tnat is not part of this review. The building
is thirty two feet in height and meets the zone district of
80 feet. The building covers 11% of the site. Landscaping,
usable open space meets the 25% requirement. The building
materials are brick, clapboard siding, stucco, and a cedar
shingle roof.
Rick Pylman then reviewed the criteria, stating that the
proposal is in conformance with Town of Avo, Zoning Code,
The type and quality of both building and landscape materials
are suitable with Town guidelines. The siting and
landscaping of the building is sympathetic to the adjacent
residential property. The design revisions are much more
appropriate to the neighbors. The site is virtually flat and
the proposal works well with the topography. The visual
appearance of this structure has improved significantly from
conceptual meetings. The appearance could be improved by
eliminating some of the parking spaces. There is an excess
of parking. If Phase II is completed there won't be though.
More landscaping in the southeast corner couid buffer the
site from highway traffic. The proposal is in general
conformance with adopted Goals and Policies for the Town of
Avon. Staff feels this is a complete application.
Steve Riden, representing Jeff Gibson, provided a massing
model and a color board. Discussion followed on the
placement of signage. A sign program will be submitted at a
later date. Pylman stated that there is another material
which he failed to mention and it is a painted concrete block
in the area where the roof doesn't overhang. Basically this
is a cost saving factor. Further discussion followed on the
use of four materials, plus the roof material. It was
suggested that the applicant not use pine for the siding, as
proposed. Discussion followed on the landscaping. The
applicant stated that they would like to include the parking
that will be needed for Phase II at this time and not
eliminate it as suggested. This way they will not have to
overlay at a later date. Allowance for sub -surface
filtration has been included and also snow storage has been
considered. Further discussion followed on the location of
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Planning and Zoning
March 20, 1990
Page 6 of 12
Commission Meeting Minutes
Lot 3 Block 3 Benchmark at Beaver Creek. Commercial,
Project Design Review, (cont)
the signage.
Perkins voiced concern regarding the use of so many
materials. Hunn agreed, stating that he is uncomfortable
with the painted block. He feels that brick, with stucco
accents and wood is a good combination of materials and the
block included would look like a cost saving situation. He
also suggested that larger landscaping materials and perhaps
fewer numbers of the blue spruce be used to get a little more
instant impact. He suggested some 12' and a minimum height
of 5' instead of 3'. He asked if it would be an irrigated
system. Riden replied it would be. Hunn asked if the
parking lot was bounded by curb and gutter. Riden stated
that it is only in certain areas. Since the property is so
flat, they are trying to utilize the edges for runoff to keep
it from puddling etc.
Further discussion followed on the signage and also the
lighting.
Jack Hunn moved to grant approval to Lot 3, Block 3,
Benchmark at Beaver Creek, Phase I, with the condition that
the proposed exposed and p:- nted block finish be substituted
with brick and that the sign program be brought back at a
later date.
Hunn clarified the motion to state that the approval is
conditional on the applicant's agreement to substitute the
brick for the painted block.
John Perkins seconded.
Discussion followed on the requirement that the applicant
replace the block with brick. Discussion followed on the
areas to include the brick and the block. After considerable
discussion it was determined that the brick could be brought
all the way to the outside corner where it dives into the
higher gable element and then the material would be broken
with the wood and the block could be used. Riden suggested
that a fascia line be allowed and wood be used above and then
the brick could be used completely. The Commission felt that
this was a good idea.
Hunn amended his motion to state: No exposed block be
permitted and that brick be substituted in those areas shown
in the elevations, with the understanding that some brick may
be deleted on the west elevation upper gable in favor of
siding.
Perkins secunded the amendment.
7
OR
"W' A',,
11anning and Zoning Commission Meeting Minutes
March 20, 1990
Page 7 of 12
Lot 3 Block 3. Benchmark at Beaver Creek, Commercial
Project Design Review (cont)
The motion carried unanimously.
Ackerman Residence
Pylman stated that on September 19 1989, the Planning and
Zoning Commission granted final design approval with
conditions, for a single family residence on this lot. The
applicant wishes to revise that approval %Neth two issues, one
separating the garage from the approved unit and the second
issue is adding a second unit to the site. The approved
design is a two story single family home with the garage
integrated into the structure. In order to maintain the
driveway grade required a full basement. He now wants to
separate the garage so that he can stay with a single floor
residence.
Discussion followed on the issue of allowing a second,
unconnected unit on a lot and the definition shown in the
Avon code requiring a connecting wall between units. Pylman
stated he has had similar requests about this same issue :hat
will probably be coming up in the near future. P, man
suggested trying to come up with some criteria for
resubdivision of some lots.
Pylman then reviewed the criteria regarding this project. He
stated that the type and quality of materials are compatible
with Town gjidelines. Revegetation for disturbed areas
should be iientified. He stated that the whole idea of
separating the garage is to make the project work better with
the topography, but there is a big drop between the garage
and the house. He stated that other than resolution of the
separation issue, the proposal is in concert with adopted
Goal_, Policies and Programs of the Town of Avon.
Chairman Doll stated that perhaps applicants that want to
build detached units on one lot shouid go through the
subdivision procedure and divide the lots. There would be no
problem then regarding the matter of detached units.
Klaus Ackerman stated that before he purchased this lot they
came to the Town check on the zoning. The architect woman in
the planning department told them there was a precedent set
by the fact that two single houses had been approved on cne
duplex lot. He thought that he was going to receive approval
for the second unit, even though they were only going to
build the one unit first, when the first approval was given,
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Planning and Zoning Commission Meeting Minutes
March 20, 1990
Page E of 12
Lot 38. Block 2. Wildridge_Subdivisions_. Ackerman Residence
Revised Plan Additional Unit. Desi�_Revew,_lcont
but it was not included. They decided that they did not need
the basement and wanted to separate the garage and so at the
same time are asKing for approval of a second unit on the
property.
Discussion followed on the costs for subdivision of a lot.
Further discussion followed on the issue of the lack of
criteria for allowing this type of project.
Hunn stated he would have trouble approving this project
without the mechanisim in place to allow approval without
setting a precendent that would force the Commission to
approve a similar project on a lot that is not su table for
this type of development. With regard to the single story
VS. two story on this sight, he feels the site is steep
enough that for a footprint of that size to be a single story
there is a lot of forced grading to get a platform large
enough to get it to fit the site, and the basement, whether
it is desirable or not, is a technique for the building to
reach down to the existing grades and fit the existing
topography. He feels that this new proposal is imcompatible
and the previous proposal was compatible. He doesn't see how
the proposal can be approved without first creating the
mechanisim and criteria for evaluating this type of thing.
He feels that there is a market for this type of project and
it would be beneficial to the Town of Avon.
Chairman Doll asked how the applicant felt about subdividing
the lot. Mr Ackerman stated that the time frame would be the
problem. They already have working drawings for the one
single house. Further discussion followed on the matter of
the basement. Nunn stated that he had no problem with
separating the garage if the mass of the house and the mass
of the garage fit the topography.
Mr. Ackerman stressed that he had been told that he ;ould put
two houses on that lot.
Discussion followed on how quickly some sort of criteria and
mechanisim could be put in place. Pylman stated tha• it
could take some time, but the applicant could re.eive
approval for the single house and garage and come back once
the criteria is set, for the second unit. The general
consensus of the Commission was that this is the way this
should be done. Mr. Ackerman had a problem in that if he
goes ahead without the approval for the second unit and then
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Planning and Zoning Commission Meeting Minutes.
March 6, 1990
Page 9 of 12
there is no way of getting approval for the second unit then
he has underdeveloped his lot. Discussion followed on this
matter.
Discussion followed on the grade of the lot and the matter of
the garage sticking way up. Mr. Ackerman described the
difference in the footprints of this proposal and the
previous one. Considerable discussion followed on this
matter.
Hunn suggested treating this review as more of a preliminary
or conceptual review and see it again with more specific
proposals addressing some of the concerns, maybe with the
endorsement that the detached garage is acceptable provided
that the mass of the garage in relationship to the house is
acceptable. Hunn felt that it should be a two car garage.
John Perkins recommended that the applicant continue with a
schematic approval of the design for the first dwelling unit
on the site and than some �` the site specific
considerations, such as elevations between the garage
building and the proposed building pad be considered and the
possibility of pulling those two floor elevations closer
together if possible. The landscape plan needs more detail
and clarification, showing different types of trees and
shrubbery sizes, etc.
Denise Hill stated she would like to see the subdivision
process for the two detached units. She said she could not
endorse this project as it stands now. Huhn stated that at
this time they are only reacting to it as a single fam ily
residence.
Perkins recommended to Rick Py -man that ;he Town of Avon
initiate a process to identify criteria for subdividing lots
in Wildridge. Hunn added, encouraging detached duplex
development appropriate with that development and similarly
discouraging this type of development on lots that can't
support it. Jeppson added, also defining appropriate and
unappropriate very carefully. Perkins stated that maybe the
Council should authorize Rick Pylman to initiate the process
of considering revising whatever zoning issues that need tc
be revised. Pylman stated that he will discuss this with the
Council and explain that there are a couple other projects
coming up that address this same issue.
Further discussion on how to pull the garage and residence
,0'*r
Planning and Zoning
March 20, 1990
Page 10 of 12
Commission Meeting Minutes
idence
closer together followed.
Denise Hill suggested using something other than the 24
cottonwoods proposed, as they take a lot of water and do not
do well in Wildridge. Perkins stated that what they are
asking for is more detail.
Rick Pylman stated that what Mr. Ackerman needs to do is take
the comments and recommendations to his architect and have
him refine the plans and then return for approval of the
first unit.
Mr. Ackerman stated that one approval was not any good unless
he knows what to do with the other unit. The whole plan does
not make sense if he doesn't get approval for the second
unit.
Rick Pylman stated that what he hears from the Commission.
they are not going to approve two separate units on a lot
until he can get a process for them to do that through a
subdivision process, not through a design review process. So
the only way you are going to be able to have any comfort in
the fact that you will be able to develop two units on there
is to come back wit) a drawing that shows a duplex, or to
wait.
Mr. Ackerman asked about the precedent already set. He
wanted to know if there was any legal aspect he could go
after.
Mr. Pylman stated that he felt they should try to work
through to a positive solution.
Discussion followed on the previously approved project.
C,,airman Doll stated that the Commission wants to help the
applicant every way that they can, but at this time the
mechanisim is not in place to allow approval of this project
as proposed. Mr. Ackerman stated that he was under the
impression that it was in place by what he was told
previously and by the approval of the previous project.
Pylman stated that the only way this Board can guarantee that
you can build two units up there is if you build a duplex.
That is a decision you need to make. If you want two single
family houses, you will have to bear with us for a while.
No formal action was taken on this application at this time.
Planning and Zoning
March 20, 1990
Page 11 of 12
Commission Meeting Minutes
Reading and Approval of P & Z Minutes of 316/90 Regular
Meeting
Terri Jeppson moved to approve the minutes of the P & Z
Meeting of March 6, 1990 as submitted.
Jack Hunn seconded and the motion carried unanimously.
Other Business
Jack Hunn asked if there is a vacancy on the Board? Pylman
stated that the Town is advertising for the three positions
that will be coming up in May.
Further discussion followed on the situation caused by the
last project and what can be done about the previous approval
of a detached duplex, if anything. Perkins stated that he
thinks this should be a top priority. He also thinks that
someone should ask the town attorney for an opinion on the
definition of a detached duplex and if an error was made how
that might be rectified. Pylman stated he would pursue this
and let the Commission know where it stands at the next
meeting.
Jack Hunn stated that another item that needs to be discussed
is the matter of log home submittals and the fact that no
criteria exists to evaluate them. Discussion followed on
this matter.
Jack Hunn also mentioned the abandoned foundation, again.
What can be done to get this matter solved.
Perkins moved to adjourn.
Hill seconded.
The meeting was adjourned at 9:55 PM.
Respectfully submitted,
Charlette Pascuzzi
Recording Secretary