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PZC Packet 040390r` "pul, STAFF REPORT TO THE PLANNING AND ZONING COMMISSION April 3, 1990 Lot 3, Filing 1, Eaglebend Subdivision South Harbor Development Resubmittal of Landscape Plan Design Review INTRODUCTION At the Planning and Zoning Commission hearing of March 6, 1990, Scuth Harbor Development Company received final design approval, with five conditions, for a single family residence on Lot 3, Filing 1, Eaglebend Subdivision. At the Planning and Zoning Commission hearing of March 20, 1990, the Commission acknowledged that the applicant had satisfied four of the five previous conditions. The detailed landscape plan was continued to the next regularly scheduled meeting of April 3, 1990, for re-evaluation. A revised lar:dscape plan has been submitted which defines shrubbery types and includes variable tree sizes. Respectfully submitted, ZL - Jim Curnutte Planner Date 4b , Denise Hill Secretary ,( 9kl.(01 JA� The Commission granted final design approval for the landscana plan for int — 3, Filing 1, Eaglebend Subdivision r. STAFF REPORT TO THE PLANNING AND Z014ING COMMISSION April 3, 1990 Lot 7, Filing 1, Eaglebend Subdivision South Harbor Development Resubmittal of Landscape Plan Design Review INTRODUCTION At the Planning and Zoning Commission hearing of March 6, 1990, South Harbor Development received final design approval, with five conditions, for a duplex on Lot 7, Filing 1, Eaglebend Subdivision. At the Planning and Zoning Commission hearing of March 20, 1990, the Commission acknowledged that the applicant had satisfied three of the five previous conditions. The detailed landscape plan and color samples were continued to the next regularly secheduled meeting of April 3, 1990, for specific review. A detailed landscape plan has been submitted, which defines shrubbery types and includes variable tree sizes. No color samples have been submitted. Respectfully submitted, Jim Curnutte Planner Date `i' 3-�c Denise Hill, Secretary a_ la� The Commission granted final design approval for the landscape plan and approval for final colors for Lot 7, Filing 11 Eaglebend Subdivision, with the following conditions: That staff review a revised landscape plan indicating additional landscape material in the berm near the street and the suggestion that three aspen and two spruce be integrated into that area. � � n STAFF REPORT TO THE PLANNING AND ZONING COMMISSION April 3, 1990 Lot 22, Block 4, Wildridge Subdivision Ruth and Robert Gosiewski Single Family Residence Design Review INTRODUCTION Ruth and Robert Gosiewski are proposing to construct a single family residence on Lot 22, Block 4, Wildridge Subdivision. Lot 22 is 1.14 acres (49, 658 Sq. Ft.) and the building footprint is 1276 square feet for a building area ratio of 2.5%. The building is approximately 3333 square feet for a floor area ratio of 6%. Building height is 32 feet. The house is set 170 feet back from the street, is 45 feet from the property line to the west and 70 feet from the property line on the east. A landscape plan indicating species and size, with a revegetation plan for disturbed areas, and an irrigation system is included with the submittal The architecture is a two story gable roof form, exterior materials are peeled and stained log with synthetic chinking. All exposed foundation areas are to be stucco. The stucco and chinking color samples will be presented to the Board. The roof material is proposed as asphalt shingles. The driveway is to be gravel. STAFF COMMENTS The Commission shall consider the following items in reviewing the design of a proposed project: 6.11 - The conformance with the Zoning Code and other applicable rules and regulations of the Town of Avon. COMMENT: This project is in conformance with the zoning code and other applicable Town of Avon regulations. 6.12 - The suitability of the improvement, including type and quality of materials of which it is to be constructed and the site upon which it is to be located. COMMENT: The exterior materials are log, synthetic chinking and asphalt shingles. 'ihe logs will be peeled and stained with a clear preservative. ~, 00 1 Staff Report to the Planning and Zoning Commission April 3, 1990 Page 2 of 4 Lot 22, Block 4, Wildridge Subdivision Ruth and Robert Gosiewski Single Family Residence Design Review Section 6.25 (c) of the Avon Design Guidelines addresses building materials in the following manner. 1. The use of high quality, durable, low maintenance building materials is highly encouraged; 2. The followi:ig materials and wall finishes will not ordinarily be permitted on the exterior of any structure: Asphalt siding, imitation brick, asbestos cement shingles or siding, imitation stone, imitation log siding or plastic. Metal siding, concrete or concrete block will be permitted only with specific approval of the Commission; 3. Natural or earth tones are encouraged as the dominant color with brighter colors used for accent. The Staff suggests that the materia's and colors be reviewed to ensure compliance with these guidelines and that the asphalt shingles be of a substantial enough weight to provide texture appropriate to the proposed architecture. 6.13 - The compatibility of the design to minimize site impacts to adjacent properties. COMMENT: The house is sited 45 feet from the west property line, and an even greater distance from the east side. A landscape cluster has been designed to provide a buffer for the residence to the west. 6.14 - The compatibility of proposed improvement with site topography. COMMENT: The residence works well with the existing grades by utilizing a walkout basement and garage below the main floor level. Drainage patterns across the driveway, leading off site need to be formalized. 6.15 - The visual appearance of any proposed improvement as viewed from adjacent and neighboring properties and public ways. COMMENT: This development is most visible from the residence to the west. The applicant has addressed this Staff Report to April 3, 1990 Page 3 of 4 n the Planning and Zoning Commission Lot 22, Block 4, Wildridge Subdivision Ruth and Robert Gosiewski Single Family Residence Design Review issue by siting the house as far to the east as the grade allows, and by providing a landscape buffer within the 45 foot distance from house to property line. 6.16 - The objective that no improvement be so similar or dissimilar to others in the vicinity that values, monetary or aesthetic will be impaired. COMMENT: Staff sees no conflict with this criteria. 6.17 - The general conformance of the proposed improvements with the adopted Goals, Policies and Programs for the Town of Avon. COMMENT: The proposal is in general conformance with adopted Goals, Policies and Programs of the Town of Avon. STAFF RECOMMENDATION With the addition of the following information, this application is complete: Color samples and roof materials should be presented; and Complete drainage plans should be formalized. r Staff Report to the Planning and Zoning Commission April 3, 1990 Page 4 of 4 Lot 22, Block 4, Wildridge Subdivision Ruth and Robert Gosiewski Single Family Residence Design Review RECOMMENDED ACTION 1. Introduce Application (Staff); 2. Presentation by Applicant; 3. Commission Review/Discussion; 4. Commission action. Respectfully submitted, Rick Pylman Director of Community Development PLANNING AND ZONING ACTION Approved as Submitted ( ) Approved with Recommended Conditions ( ) Approved with Modified Conditions ( ) Continued ( ) Denied ( ) withdrawn Date J Denise Hill, Secretar The Commission granted final design approval, with the condition that a time limit, set by the Town Engineer, be put on the paving of the driveway to meet regulations of the Town of Avon; That the drainage be approved by the Town Engineer. The Commission also approved the colors presented. STAFF REPORT TO THE PLANNING AND ZONING COMMISSION April 3, 1990 Lot 23, Block 1, Benchmark at Beaver Creek Wolff Warehouse Review of Special Review Use Continued From 3/20/90 INTRODUCTION In July of 1989, the Avon Town Council approved Resolution 89-19, a Special Review Use to allow a residential unit within the Wolff Warehouse. The purpose of this special review use request was to allow for an on-site management. Resolution 89-19 contained five (5) conditions of approval, with condition #3 stating "That this Special Review Use be reviewed the first meeting of February, 1990". The purpose of this hearing is to provide that required review. It is the Staff's understanding that the purpose of the review is to ensure that the warehouse and managers unit are in compliance with the other four conditions. Those conditions read as follows: 1. Use of the residential unit be restricted to the employee of the landlord and no subletting of that apartment is allowed. 2. That young children between the ages of 2 and 10 be prohibited from living on site because of the proximity of the traffic and hazards. 3. That this Special Review Use be reviewed the first meeting of February, 1990. 4. That the employee of the landlord be in fact the on-site manager. 5. That the clean-up of the site begin on or before August 1, 1989, and be substantially complete prior to September 1, 1989. STAFF COMMENTS The Staff is not aware of any violation of the above conditions. There havc been numerous public complaints regarding traffic and parking on-site, and the Town of Avon has issued a citation for violation of the Zoning Code, however, these problems appear to be tenant related. It is the Staff understanding that the purpose of this residential unit was to allow control over on-site tenant concerns. While the existence of this unit has not created any p:r*lems, it has not proven to be very effective at controlling tenant driv,:n problems. '%, -w Staff Report to the Planning and Zoning Commission April 3, 1990 Page 2 Lot 23, Block 1, Benchmark at Beaver Creek Wolff Warehouse Review of Special Review Use Continued from 3/20/90 STAFF RECOMMENDATION Staff recommendation is to continue the Special Review Use approval for an on- site managers unit, maintaining existing conditions numbers 1, 2, and 4 of Resolution 89-19. Staff would also request the applicant increase the utilization of on-site management to eliminate on-site problems. Respectfully Submitted, Rick Pylman Director of Community Development Date 4/-3- 90 Denise Hill, Secretary_ Si.ce once again there was no representation for the Wolff Warehouse, the Commission continued this item to the next regularly scheduled meeting on 1 17, 1990. F- a STAFF REPORT TO THE PLANNING AND ZONING COMMISSION APRIL 3, 1990 Lot 1, Block 1, Lodge at Avon Subdivision Front Setback Variance Request Public Hearing INTRODUCTION The applicant, BMB Properties, Inc. is requesting a variance to allow a building to encroach 10' into the required 25' setback along a distance of 100 feet on the Lodge at Avon Subdivision. BMB is proposing to develop a total of 44,636 square feet of retail, restaurant and office space in two separate buildings. The main building contains 39,000 square feet and is sited along the southern edge of the property. The secondary building is a 5,000 square foor restaurant in the north east corner. The requested variance is for 10' along the north side of the freestanding restaurant. The required parking of 181 spaces will be located between and to the west of the buildings. Slightly over 20% of the site is landscaped areas. STAFF COMMENTS Before acting on a variance application, the Commission shall consider the following factors with respect to the requested variance: SECTION 17 36.40 Approval Criteria A. The relationship of the requested variance to other existing or potential uses and structures in the vicinity; STAFF RESPONSE: The proposed use of this property is commercial and this use is compatible with existing uses within the area. The parcel, as well as those around it, is zoned Town Center. The Town Center zone district is intended to allow for commercial and mixed use development of an urban nature. Although this development proposal does not include residential uses, the lack of covered parking has resulted in an extermely tight site design. The creation of a freestanding restaurant site, while increasing these constraints, does present a more interesting urban design solution to commercial development of this site. The secondary building allows screening of parking and creates a sense of activity greater than a basic strip commercial center could provide. B. The degree to which relief from the strict or literal interpretation and enforcements of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to Staff Report to the Planning and Zoning Commission April 3, 1990 Page 2 of 4 Lot 1, Block 1, Lodge at Avon Subdivision Front Setback Variance Request Public Hearing attain the objectives of this title without grant of special privilege; STAFF RESPONSE: It must be acknowledged that to a great degree the design constraints of this proposal are self imposed by the applicant's architectural and parking program. The decision to use surface pa• -king severely limits the development potential of this property. There are also recognizable hardships associated with the property that impose design constraints. The parcel is a corner lot which creates two required front setbacks. The restaurant site is located in the corner of the two front setbacks and meets the 25 foot separation from the Avon Road property line, but requires 10 feet of relief from Benchmark Road. The shape of the parcel makes any development of the western end extremely difficult, and thus forces the eastern end to carry the ma;;ority of site development. C. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety; STAFF RESPONSE: This variance request does have the potential to impact traffic concerns to a degree. A corner of the Lodge at Avon Subdivision is designated as a road easement to allow future straightening of road curves. The location of the restaurant pad lies within 10 feet of this easement. If this curve is straightened there will be very little distance between the road and the northwest corner of the restaurant. S`-CTION 17 36 50 Findings Required The Commission shall make the following written findings before granting a variance; A. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations of other properties classified in the same district; .. Staff Report to the Planning and Zoning commission April 3, 1990 Page 3 of 4 Lot 1, Block 1, Lodge at Avon Subdivision Front Setback Variance Request Public Hearing B. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; C. That the variance is warranted for one or more of the following reasons: 1. The strict, literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title, p. There are exceptiona! or extraordinary circumstances or conditions applicable L- the site of the variance that do not apply generally to ether properties in the same zone, 3. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. STAFF RECOMMENDATION Staff recommendation is for approval. Although it is apparent that to a degree the hardships are self imposed by the applicant's development program, there are sufficient hardships on this parcel to warrant a variance of this degree. There are two required front setbacks, for a total distance of approximately 1,000 feet. The requested variance of 10' for a distance of 100 feet represents a minimal encroachment into the required setback. The separation of the restaurant from the main building adds to the design of this parcel. The location of the restaurant pad adjacent to the street and bus stop adds vitality and interest to this development while helping to buffer the parking areas. The staff would also recommend that the applicant take a hard look at pulling back the northwest corner of the restaurant pad to allow a greater separation from the roadway. 00, 1"�, r0 -' Staff Report to the Planning and Zoning Commission April 3, 1990 Page 4 of 4 Lot 1, Block 1, Lodge at Avon Subdivision Front Setback Variance Request Public Hearing RECOMMENDED ACTION 1. Introduce Application 2. Applicant Presentation 3. Open Public Hearing 4. Close Public Hearing 5. Commission Review 6. Commission Action Respectfully submitted, ul Rick Pylman Director of Community Development PLANNING AND ZONING ACTION Approved as sucmitted (1/) Approved with Recommended Conditions ( ) \pproved with Modified Conditions ( ) Continued ( ) Denied ( ) Withdrawn ( ) Date q-'5-Qn Denise Hill, Secretary The Commission granted approval of Planning and Zoning Commission Resolution 90-4, approving a front setback variance, with the finding that there are exceptional and extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone, with the condition that the _ restaurant pad site, if needed, be moved to the east a maximum of ten feet if staff determines the need. •) to 4 4N