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PZC Minutes 071691RECORD OF PROCEEDINGS MINUTES OF PLANNING AND ZONING MEETING JULY 16, 1991 The regular meeting of the Planning and Zoning Commission was held on July 16, 1991, at 7:30 PM in the Town Council Chambers of the Town of Avon Municipal Complex, 400 benchmark Road, Avon, Colorado. The meet ng was called to order by Chairman John Perkins. Members Present: John Perkins, Henry Vest, Clayton McRory Sue Railton, PaLti Dixon, Derek Pysher Staff Present: Rick Pylman, Director of Community Development; Jim Curnutte, Planner; Charlette Pascuzzi, Recording Secretary Chairman Perkins stated all members were present except Buz Reynolds. Lot 47 Block 2, WildridgeSubdivi_sion, Koehn Residence, Final Design Review Jim Curnutte stated that Mark Bornshein, on behalf of Mike and Rhonda Koehn has requested des;gn review for a single family home on Lot 47, Block 2, Wildridge Subdivision. Lot 47 is .78 of an acre (33,977 square feet) and is located at 2540 Old Trail Road. The lot slopes toward the southeast, at approximately 25%. The house has approximately 2200 square feet, not including the garage and will feature a gas fireplace and a large wraparound deck. Exterior building materials are 1 x 8 cedar siding, cedar trim, woodruf shingles, double pane windows and concrete driveway. The grading/drainage plan and landscape plan has been provided. The landscape plan does show an adequate combination of trees and shrubs in a variety of species and sizes. The prominent fea*.are of the landscape plan are the two large planting areas, which will be covered with bark and edged. All trees and shrubs will be drip irrigation. The grading and drainage plan has not been overlayed onto the existing topo so the full impacts of this development cannot be assessed at this time. Driveway grade appears to be approximately 5%. PLANNING AND July 16, 1991 Page 2 of 20 ZONING COMMISSION MEETING MINUTESF Lot 47, Block 2. wildrid.ge__Subdivs_ion_�__hoehn___Residence, Final Design Review, (contj_ Curnutte then reviewed the criteria for considering a final design review. Curnutte stated that the Staff recommendation is for approval with the following condition: 1. Final Staff review and approval of the grading/drainage plan and the driveway/road intersection design prior to the issuance of a building permit. Mark Bornshein then provided samples of the colors. The siding will be a natural cedar and the trim will be a cinder color. Considerable discussion followed on the lack of grading and drainage information and the amount of disturbed area shown. Derek Pysher moved to approve final design for Lot 47, Block 2, Wildridge, Koehn Residence, contingent upon the acceptance of the grading/drainage plan by the Staff and as much of a minimum amount of disturbed areas as possible. Sue Railton seconded, and the motion carried with John Perkins voting nay. Lot 4 Wildridge Acres, Corwin -Brown Res.idence_,__ Final Design Review Jim Curnutte stated that this is the 10th of the 12 homes in this subdivision. He stated that Lot 4 is the largest lot in the 12 lot subdivision. The building has a floor area of about 2200 square feet and a building height of 34 feet, from finished grade to its greatest height. Exterior builiing materials are similar to those existing in Wildridge Acres. The driveway will be Finished with asphalt. Colors have been provided and a landscape plan has been provided which complies with the overall landscape plan for the subdivision. Curnutte then reviewed the criteria for considering a final design review. He stated that the proposal does conform to the zoning code with the exception that the portion of the driveway within the right-of-way appears to have a grade in excess of 4%. He then described the various grades of the driveway. Also of a concern was the orientation of the garage entrance which has caused the driveway to be located right on the south property line and the rock wall support -ng the driveway which encroaches into Lot 5. Curnutte stated that no letter of authorization had been provided trom the -IN PLANNING AND July 16, 1991 Page 3 of 20 ZONING COMMISSION MEETING MINUTES Lot 4 Wildridae Acres, Corwin-Brown_Residence�_._Fi_nal_.Design Review. (cont) owner of Lot 5. In addition, the driveway and wall are located within a drainage and utility easement. Curnutte stated that Staff recommendation is for- approval with the following conditions: 1. Final Staff review and approval of the grading/drainage plan and the driveway/road intersection design prior to the issuance of a building permit. 2. Written authorization must be provided for the encroachments on Lot 5 and within the drainage and utility easement prior to the issuance of a building permit. Considerable discussion followed on this application, with much concern voiced regarding the lack of grading and drainage plans. Also of concern was the driveway encroachments and grades. The Commission did not feel that the driveway works the way it is shown. It was suggested that this item be tabled to give the applicant time to rework these problems. Clayton McRory moved to table this item until the August 6, 1991 meeting. Patti Dixon seconded and the motion carried unanimously. Lot50� Block 1. Wil_dridge_Subdivision, Schaub _Duplex, Conceptual Desiq_n Review Jim Curnutte stated that the Commission has looked at this project once before, but it was so conceptually drawn that the applicant was asked to come back with a more complete application. Curnutte stated that Lot 50 is one of the few flag lots in Wildridge. The buildable portion of the lot is accessed by a 45' wide, 150' long strip of land, which is actually part of the lot. The building is a two story, with loft, log home on a concrete foundation. Maximum building height is 31 feet, each unit has about 1800 square feet of floor area. It is a log home with cedar shake shingles, there is some stucco incorporated into the building. At the previous meeting the Commission had asked for a more detailed topo survey, a more detailed site grading and drainage plan, asphalt shingles were discouraged, the applicant consider a professionElly drawn landscape plan, the mirror image problem and asked the applicant to consider the potential driveway problems. PLANNIIIG AND July 1E, 1991 Page 4 of 20 W ZONING COMMISSION MEETING MINUTES Lot 50, Block 1, WildridgeSubdivision, _Schaub Duplex, Conceptual Design Review, (cont)_ Curnutte stated that it appears that the applicant has addressed every one of the Commission's previous concerns. As this is a conceptual design review, no recommendation will be presented. Wally Schaub presented a sample of the logs to be used and stated that the color of the exterior trim will be the clear finished cedar. Discussion followed on the landscape plan and the retainage for the driveway. Also discussed was the mirror image aspect and the grading of the site. Discussion followed on the access to Saddleridge Loop. Discussion followed on the use of metal doors. It was suggested that the applicant work with the north elevation a bit to sort of break the mirror image problem. It was suggested that maybe landscaping would help on this elevation. The Commission felt that this was a good conceptual design. As this was conceptual, no formal action was taken at this time. Lot A. Block 2. Benchmark at Beaver_Creek_Subd_ivisio_n_,Avon Center - Hot Tub Addition, Desi n Review Jim Curnutte stated that Michael Hazard was representing the Lodge at Avon Center Homeowners Association (the residential portion of the building, floors 3 through d). Floors 1 and 2 are commercial and owned by RTC. The proposed hot tub addition room and building is 16' wide x 24' long x 17' high and located on the south side of the building on the second story deck. It will house a mechanical room, a storage room and the hot tub surrounded by some decking. The building exterior will match the Avon Center building. In order to meet code requirements a new egress stairway will be added to the west side of the second story deck. Curnutte stated that the applicant did provide detailed drawings of the stairs. However, another applicant that was in the office this afternoon apparently inadvertently picked up the drawings along with his own. Curnutte stated that the hot tub addition does appear to be very compatible with the existing architecture of -, e building, however the Staff does have two concerns, which are: 1. The area where the deck will be located is r• -'N PLANNING AND ZONING COMMISSION MEETING MINUTES July 16, 1991 Page 5 of 20 Lot A. Block 2, Benchmark at_Beaver Creek _Subdivision, _ A__v_on_ Center - Hot Tub Addition, Design_ -Rev _iey_ cont_ owned by the commercial portion of the building, not the homeowners. Therefore, some written authorization will be needed from the commercial owners before any permit could be issued. 2. The new stairway proposed to be added to the west wall of the first floor commercial area must not interfere with the existing office entrance. The proposed stairway detail must be approved by the Planning and Zoning Commission. Curnutte stated that on the stairway plans, the stairway has been designed to miss the door at about 6". Staff recommendation is for approval with the condition that the above concerns are resolved prior to the issuance of a building permit. Michael Hazard stated that the stair is a code requirement. It 4s a steel stair, 44" wide. The concept is it allows egress but not ingress. They are proposing to enclose the base of the stair with a gate and enclosure to 8' in height. The gate material will be a perforated steel sheet, with apertures small enough that people cannot climb up. Mr. Hazard stated that there is an agreement being drafted, but doesn't have all the appropriate signatures at this time. Considerable discussion followed on the location of the stairs, the materials to be used for the stairs, etc. It was suggested the stair be painted to match the wall. It was also suggested that the stairs be enclosed in stucco. The visibility of the stair was a concern of the Commission. The Commission did not feel comfortable in approving the stairs without some plans to look at. The Commission had no problem with the hot tub addition. Patti Dixon moved to approve the hot tub portion as submitted, with the condition that the stair access come back to the Commission for approval. Derek Pysher seconded. The motion was then amended to include the condition that written permission from the commercial owners must be received prior to the issuance of a building permit. The motion carried unanimously. PLANNING AND July 16, 1991 Page 6 of 20 ZONING COMMISSION MEETING MINUTES Lot 83. Block 1. Wildridge__Subdivision,_ Wahl/Degen Fourpl_ex, Conceptual Design Review Curnutte stated that the applicants are requesting conceptual design review of a proposed fourplex building. The lot is zoned fourplex and is approximately an acre in size. There is a 50 foot Holy Cross Electric easement running across the northern portion of the lot and the buildings have been laid out away from the 50 foot easement. The building is, a two story fourplex with a height of about 28 feet. Each unit has a one car garage and a gas fireplace. Exterior building materials include 8" cedar rustic siding, Woodruf shingles, aluminum clad windows, insulated steel doors, concrete walkways and steps and asphalt parking areas and driveway. There are two guest parking spaces provided and individual trash pick up is being proposed at this time. The site grading/drainage/landscape plan is very conceptual. There are no revised contour lines shown. There are only two spruce and four aspen proposed on the entire lot. The area in front of each unit will be seeded and sprinkled. No infomation has been provided regarding site lighting for parking areas or drive areas, project signage, or any kind of reference to the treatment of the border between the asphalt areas and the landscape areas. The perspective drawing and the elevation drawings do not match. As this is a conceptual review, no recommendation will be presented. Richard Wahl stated that the garages will stick out 6 feet and will be a total of 36 feet long, making it a two car garage. The garage will go all the way to the end of the building. They want to leave all the sage and wildflowers intact as much as they can. He discussed the builoing siting. He stated that the lot, especially on the west side, is sloped pretty well for drainage. Considerable discussion followed on the lack of landscaping, the roof line and scape, and the continuous form of the building. It was suggested that the applicant work with the design, possibly staggering the units, try to get a bit more depth to the building, add more landscaping. Also discussed was the potential parking problems and the proposed individual trash pickup. John Dunham spoke for the applicant, stating that he hoped that the Commission would not want them to do anything behind the units because there is natural growth. He felt that the roof line could be improved upon. -1% 0�\ PLANNING AND ZONING COMMISSION MEETING MINUTES July 16, 1591 Page 7 of 20 Lot 83 Block 1, Wildridge Subdivisioy_Wanl�Degen Foulex_� Conceptual Design Review, (cont). Chairman Perkins reviewed the concerns voiced by the Commission as follows: - The roof scape and roof forms. - The repetition of the project. - The end elevations are a concern. - The landscaping is obviously a concern. - A floor plan, site grading, a full and very complete package will be needed. - The overall design needs to be considered. Lots 5, and it, Block 5, _Wildridge Subdivision,.__Wi_ldwood Townhomes, Design Revisions Rick Pylman reviewed the history of this project, stating that the Town of Avon received final design review approval for the Wildwood Townhomes project, located on Lots 5 and 11, Block 5, Wildridge in May of 1991. Lot 5 is a five unit townhome project and Lot 11, has two six unit buildings, a total of 17 units. This is a for sale affordable housing project being developed by the Town of Avon. The objective is to allow 17 local families the ability to own their own housing in a high quality level. It has always been the goal to be compatible with the neighborhood and Town of Avon Guidelines. Pylman then reviewed the design revisions as follows: - The color has been deleted from the concrete walkways. All walkways will now be a standard grey concrete. He stated that they are the small walkways that come off the garage and off of the guest parking area into the front door of each unit. - The timber edging around the front planters has been removed to facilitate snow removal. The planter size and the landscape materials have not been amended. This was a recommendation from the contractor and from some maintenance people that they talked to. E, PLANNING AND ZONING COMMISSION MEETING MINUTES July 16, 1991 Page 8 of 20 Lots 5 and 11, Block5._ Wild_ridge Sub diyision._ Wildwood Townhomes. Design Revisions�cont). - Project signs have been simplified. The previous signs were fairly elaborate. The revised signs are reflected in the building plans. - Dumpster enclosures have been eliminated on both lots. There was a very expensive dumpster enclosure solution on Lot 11. After talking to BFI, there will be individual unit trash removal. All trash containers are to be stored within each garage. - The custom round window in the stairwell has been changed to a standard rectangle. - Siding has been changed from a 8" lap to a 12" lap. The material has not changed, although they are proposing an embossed siding instead of the smooth siding. - The custom round attic vents have been changed to a triangular vent. - All the retaining walls have been deleted. With working with the contractor and sub -contractor they have been able to redesign the grading plan to compensate. He described the areas on the plan. - The shed roof over the stair towers has been changed to a flat roof feature, with an interior drain system. - The wood shake roof has been replaced with a Timberline 360 pound per square asphalt shingle. - The foundation plan has been simplified. There were a lot of building jogs, paticulariy around the stairwells and they have straightened out some of the walls and made the foundation construction easier and eliminated some of the concrete work that was needed. Pylman stated that there is still relief at each building. The building does still step back nicely. Staff feels that they are still maintaining the architectural integrity of the project and are comfortable with the revisions and feel that PLANNING AND July 16, 1991 Page 9 of 20 .10%k ZONING COMMISSION MEETING MINUTES Lots 5 and 11,_Block 5. Wildridge Subdivision, Wil_dwood Townhomes, Design Revisions (contl they still meet the Town of Avon Design Guidelines. Pylman stated that the roofing material change is certainly an issue that needs to be discussed. He stated that this Board has followed a policy that was set by the previous Board, not long ago, on roof materials and that policy allows a wood shake, a woodruf masonite material, sod and tile. They are asking for an asphalt roof tonight. He stated that they cannot look at this as a special consideration to this project. They are not asking for it in that way. This has to be looked at as readdressing the set policy, as to whether the product itself is acceptable in Wildridge or not. The Board cannot approve the product for just this project and not others in Wildridge. The Board should be comfortable with the probable future requests for use of this product in Wildridge. This request is driven by budgetary reasons and is important for the project. However, there are other reasons for readdressing this matter. There are a lot of people coming in asking for asphalt roofing material. Cedar shakes seem to be becoming more expensive and they may be harder to come by in the future. The asphalt roof product industry is responding to design concerns and they are making a better looking roof. An additional concern is coming from the Fire Department and fire safety. Chief Moore is present to talk to the Board on this matter. Examples of the asphalt roof material will be presented for discussion. Mark Donaldson stated he would like to discuss all the other items first, before the roof material, since this is basically a policy decision and not a unique design consideration. Chairman Perkins asked if the Board had any problems with the change in the color of the sidewalks. The Commission members had no problem with this change. He then asked if anyone had a problem with the removal of the timber edging around the planters. There was no problem. He asked if there was a problem with the change in the project signs. There were none. Regarding the dumpster enclosure elimination, Derek Pysher stated he would like to discuss this. Chairman Perkins asked if there were any p-oblems with the change of the custom round window in the stairwell being changed to rectangle. Patti Dixon stated she had a problem with this matter. The Co.mission also wanted to discuss the change in the siding. The change in the custom round vents posed no problems. The change in the retaining walls and compensation of grading posed no problems with the Commission. PLANNING AND July 16, 1991 Page 10 of 20 ZONING r'',MMISSION MEETING MINUTES Lots 5 and 11. Block 5, _Wild_ridgye__Subdi_v_isi on_, __W_i_ldwood Townhomes Design Revisions, (Conti The change of the shed roof to a flat roof over the stair tower should be discussed. The foundation changes posed no problems for the Commission. Discussion followed on the elimination of the dumpster enclosures. Concern was voiced regarding the accumulation of trash and it not being properly handled. Mark Donaldson stated he might be concerned if garages were not being provided. He stated that control could be handled through the covenants, etc. He felt that since these would be owners instead of renters more care will be taken. Discussion followed on the possibility of the owners having renters. Staff stated that there would be no renters. It will not be allowed in the deed restrictions. Discussion followed on having some sort of enforcement to keep the owners from letting the trash blow around, etc. Donaldson stated that there will be a homeowners association and the owners w -ll rotate in serving on the board. This will be the policing agency. It was suggested that there be penalties applied if people don't keep their garbage covered, etc. Concern was voiced that they would be setting a precedent for other multi -family projects, with garages, and they would not have to include a dumpster. Chairman Perkins asked for a straw vote on this matter and it was four to two for the elimination of the dumpsters. Discussion followed on the custom round window of the stairwell being changed to a standard roctangle and the round vent being changed to a triangle. Patti Dixon felt that this was what gave the project the charm. Donaldson stated that they have had to work with the contractor on this, but he feels that they have been able to maintain the gracefulness of the individuality of the units. They still have the distinctive style of the roof pitches and there are things that follow through from roof to grade levels that work well together. Basically we were faced with having to eliminate non-standard building materials. Originally there was a round arched soffit that complimented the round vent. Thdt has been changed so the triangular vent is compatible with the roof. Discussion f0l1L1wed on the change in the siding from e", smooth lap to 12" embossed lap. Donaldson provided a sample of the siding color and the trim color. Donaldson stated that with the larger board they felt more comfortable with PLANNING AND July 16, 1991 Page 11 of 20 ZONING COMMISSION MEETING MINUTES WiIdwood the embossed texture. Donaldson stated that they could go to the smooth if so desired. The pros and cons of embossed versus smooth were discussed. Concern was voiced that the embossing would lessen the quality of the project. Donaldson stated that if you have a good concept and forms, it will withstand some design changes or detailing modifications. and he feels that this project has a gocd concept and good forms. He stated that he would follow the lead of the Board on smooth versus textured. He feels the natural cedar trim would be more compatible with the embossed. Chairman Perkins asked for another straw vote regarding this matter, with a vote of four to two for the embossed siding. Derek Pysher asked for a clarification of the shed roof change to a flat roof. Donaldson stated that this began because of it being less lumber, etc. One of the things that was happening is each of the pitched roofs on either side of the stairwell was, dumping on to those stairwell roofs and it created a large saddle coming from each side to keep the water draining in both directions and most of the water ended up running off of the back of the building. What they were able to accomplish is a much less complex roof form in terms of flashing, waterproofing and long term durability. By eliminating saddles, the pitched roof of the stairwells, what they now have is the major roof forms still dump onto the stairwells, but they are controlled by the interior roof drain which goes down a warm wall and out to daylight or a dry well. What they have really accomplished is dumping about 75% less water over the back of the building. The next item to be discussed was the matter of the asphalt shingles. Mark Donaldson stated that the wood shakes come with no warranty. What this means is that they will last as long as they last and then you pay to have another put on. The fiberglass reinforced self sealing Timberline type shingles come with 20, 30 and 40 year warranties. In metropolitan areas there is a discount on insurance if asphalt shingles are used. At this time this is not available in this area due to the prevalent use of shake shingles. He stated that the real issue to focus on is the perception of quality. They are now making a better quality of asphalt shingles. He described the colors, and the weight of the shingles proposed. He stated that the idea of mixing in roofing materials in Wildridge is certainly an important issue. Wildridge is unique because it is a tiered subdivision down a mountain side and roof forms are of the utmost importance in architecture. If you like the PLANNING AND July 16, 1991 Page 12 of 20 ZONING COMMISSION MEETING MINUTES Lots 5 and 11. BioGl, 5. Wildrid e _Subdivision,,_ . Wild -wood Townhomes Design Revisions (cont) architecture, he cannot accept the criticism that this product is not as good as another product, because if the concept is good, the forms are correct or compatible or acceptable, the substitution of building materials really don't effect it a great deal. What they are trying to achieve is a more long lasting effect. They have looked into the homeowners association operational costs, everything about it, the maintenance reserve, everything that goes along with a project like this, trying to get these first time new owners into a project that they can live with and not get overtaken with costs and mainte-ante. The masonite siding is going to provide a lot of long term durability in that regard. This is another product that should be considered. This matter should be considered as a policy change not a single project matter. The covenants in Wildridge should be considered for amendment to allow this type of product. He stated that he feels that they are kidding themselves if they try to hold on to certain higher standards because it is written somewhere, or it has been the policy for 12 or 18 months, etc. He stated that in looking at Wildridge there is a myriad of architectural styles. There are some very clumsy forms, there are some thins, that are very graceful, there are some things that really blend into the environment. We have to look ahead and be more ,attentive to what the real outcome will be in Wildridge. :here is probably a place in Wildridge for a good range of styles and finishes and materials, so long as there is an element of compatibility. Charles Moore, the Fire Chief of the Town of Avon, stated that he believes that the average homeowner views fire protection in terms of fire department assets, i.e., number of trucks and number of firemen. He thinks there are a lot of issues that the Commission deals with tf it have a significant influence on the long term fire safety in Wildridge. Those issues are landscaping, issues, site planning issues, and certainly aesthetic and building material issues. The response and actual firefighting is only a small portion. He stated that on July 9, 1989, a significant fire occurred outside of Boulder which destroyed ten million dollars worth of property. Forty four homes were destroyed and it left the environment devestated. There are many similarities with that subdivision and Wildridge that he would like the Commission to consider. One is the hot windy conditions; the type of vegetation; similar types of architecture in terms of building materials, wood shingle roofs; and another factor is the distance of vegetation to the structure. In response to the gentleman who spoke PLANNING AND July 16, 1991 Page 13 of 20 ZONING COMMISSION MEETING MINUTES Lots 5 and 11. Block 5,Wi1_d_ri_.dge._Subdivi_sion_,___Wildwood Townhomes Design Revisions,-(contl earlier about not dis*urbing Wildridge vegetation, Chief Moore stated that in terms of fire protection, that is probably the worst thing you could do. If the brush is close to the structure there is probably not much the fire department can do to try to save the structure. Site planning and landscaping is important. Firebreaks need to be created around the home and some of the natural vegetation needs to be removed, away from the homes. The other issue, of course, is wood shingles. The greatest single risk factor in saving a. home in a wild wind fire is the roof treatment. An untreated wood roof increases the probability of a home being lost significantly. In a situation where there is a ten to fifteen mile an hour wind the probability of spreading that fire increases by about seven times by having untreated wood shingles. He asked that the Commission consider Wildridge in the long term, when it is completely built out, and they all have wood shingle roofs. There is always the potential for a devastating fire in that area and they may not be able to contain that fire. Chief Moore asked that the Commission consider these factors in their decisions. Jack Hunn, a resident of Wildridge, stated that all of the things considered tonight are reasonable requests that would typically be considered by any developer. He stated that when he sat on the Commission they had said no to masonite on a number of project. He feels the masonite siding is appropriate on this project, but is suggesting that the Commission find some criteria to justify the use of it and to also allow you to say no to it when you feel it is not appropriate. The fire hazard situation is a concern and Charlie Moore brought up a couple of good points regarding the things the Commission does. Irrigated lawns in the close proximity to a home would help prevent the spread of a fire. Also, the requests to subdivide and spread the density out on the sites and put the building closer together and take multi -families and break them down to single family units decrease the amount of space between properties and would contribute to a fire hazard in Wildridge. Asphalt is really why he is here tonight. He stated that the Commission spent a lot of time on this issue. They listened to expert roofing individuals tell about different products. They listened to developers. The Commission came up with a policy that they have been consistent in enforcing that is fair and is working. There are some alternatives that. allow for a more budget conscious project to have an asthetically acceptable roof. There are certainly some unknowns with regard to the ,AL PLANNING AND ZONING COMMISSION MEETING MINUTES July 16, 1991 Page 14 of 20 Lots 5 and 11. Block 5, Wildridge Subdivision_,__ Wildwood Townhomes Design Revisions. icont-) availability of cedar long term, but the market place will respond to that over time. He stated that he feels that Rick Pylman summarized it very well when he stated that the Commission is not considering asphalt for just this project, but for an approved product for every project that comes in. He stated that this is certainly a worthwhile project and he commended the Town and Rick Pylman and Jim Gurnutte for their efforts. He stated that when this proje,t first came to the Commission they challanged the Town to set an example. To be a standard bearer for other developers to follow. The Commission has the opportunity to set a standard for the future of Wildridge in terms of asphalt roofs here tonight. The Town is functioning as a developer on this project. As a developer they should be expected to abide by all the same rules that every other developer abides by, including the covenants. The covenants are very specific. They simply don't allow asphalt roofs. If there is compelling evidence to reconsider that then the effort should be made to amend the covenants to allow it, but to knowingly go out and violate the covenants is distasteful and for the Town to be doing it is a really negative message to send to Wildridge property owners and to other developers. The Town enjoys a number of advantages alre..idy on this project as compared to the other developers that they are competing with. They have access to the most favorable financing that is available in the market place because of the strength of the financial situation in the Town; it has waived all of its own fees (design review fees, building permit fees, tap fees,) this is a significant amount of money; it has negotiated situations where they are deferring payments on the front end costs; and it doesn't intend to make a profit on this project. If you think about that for a minute, that is a big advantage, and yet with all those advantages, the Town is here before you asking you to make a concession and to approve a material that is less than the standard that you have set, for budgetary reasons. This Commission has been very consistent in dismissing budgetary constraints as a justification for diminishing the quality of a project below certain standards. That is the justification for this request. A variety of developers have come before this Commission since these policies were established and asked for asphalt roofs and were told no. Sonnen Halde was a good example: HUD home, same target market. They delivered their product and is an asset to the community, but without a cedar shake roof on it, it would have been a plight in that neighborhood. They got their project done and made some money. Quite a few developers will be disappointed if you ?LANNING AND ZONING COMMISSION MEETING MINUTES July 16, 1991 Page 15 of 20 Lots 5 and 11 Block 5y__W-il_dridge_ Subdivision,,. Wlldwood. Townhomes, Design Revisions-,_(con�_ bend the rules for this project. The Commission will have a hard time explaining why they were told that they couldn't have asphalt and this project can. If you bend the rules for this project you will not be able to deny another applicant an asphalt roof anywhere in Wildridge. It is his understanding that the differential cost between the asphalt roof and the cedar shake is $27,000.00 and that number could be reduced if the woodruf product were used, to some extent. $27,000.00 on a project with a budget in excess of a million dollars is not a deal breaker. He vrged the Commission to uphold the standards which they have established for Wildridge, because they are consistent with the covenants and they are fair and they are working. If there is a justification, today, or in the future, to change these standards, the correct procedure is to amend the covenants. If there are 75% of the property owners in Wildridge that support the use of a high quality asphalt roofing product, then it should be allowed, but to propose to violate the covenants on a model project being proposed by the Town is a very distastful message to the community. Mark Donaldson stated that he agrees with Jack that criteria needs to be established for any of these issues that some policy has involved in the past. He would urge the Commission to consider that when contemplating this in the long run. He thinks that in this instance Wildridge has special features and is a special subdivision in that sense. It has always been touted as the "Potato Patch" of Avon. It is high up in the mountains, it overlooks the valley, it has similar views of the ski runs, it has a certain remoteness, etc., unfortunately it has no trees. When you consider criteria for this kind of product it would be appropriate to allow certain types of asphalt shingles, a certain weight, or a certain character or a certain color and disallow others. He stated that yes, it is true that they are trying to save money for the Town on this project. They are very limited with the buyer group and with the time schedule. What he is asking them to consider tonight is the design solution. Is this compatible, is this an acceptable material for this solution. By developing criteria, by modifying the guidelines, you simply set criteria so that you don't set yourselves up for an open door policy. Any public board is always concerned with the precedent setting nature of any action. He feels that the criteria should be derived from the design sensibility and the design solution. They feel that they are still setting a good standard with proposing the products that they have. In terms of the material he PLANNING AND July 16, 1991 Page 16 of 20 ZONING COMMISSION MEETING MINUTES Lots 5 and 11 Block 5. Wildridge__..Subdiv_is.ion,_ Wildwood Townhomes Design Revisions, (cont) feels that the evidence is very clear from a property protection standpoint, fire safety, life safety, etc. Is this place so special that only wood shingles can be allowed on roofs? It doesn't last very long, there are no warranties, they are known to be more combustible. Even the treated shakes have to be retreated every year. What they are asking tonight is to consider the quality of the project. Does this kind of material, as proposed, with the texture, the 350 pounds per square, the manufacturers color, does it help the concept, does it wor'< with the design solution? Donaldson stated that the Town and Staff have been very sensitive about any competition with other developers. They have a pricing structure that is far L, iow units that. are available in the market today. In Wildridge, with gas heat, with garages, proper floor plan layout, all the normal ameni..ies, individual units, townhouse style design. We have held on to all those qualities of home ownership that they are trying to pass along to the local people. The waiving of the fees by the Town is something that the Town decided that they could do and that was just one more way to assist this project in not competing with private sector developers. By keeping those fees out, by taking no profit, by selling them directly through the Town Staff and by local advertising, there was no real estate commissions, building permit fees, plan check fees, water tap fees, and that comes to any estimates from nine to twelve dollars per square foot. There are a lot of things going for them to keep them from competing with the other developers. Donaldson stated that the developers of Sonnen Halde have had a most difficult time making a profit on that project. The idea of this project going ahead is certainly not contingent upon the approval of the asphalt shingles, but they have been fifteen hundred dollared to death on these things and every item included in the staff report has been able to be addressed or justified. He feels that the asphalt shingles are a good quality solution and a long lasting solution and meet a lot of the standards that the community of Avon is trying to achieve in terms of a home community. Chairman Perkins asked Jack Hunn how would someone go about changing the covenants. He was wondering if that process could be initiated and the project proceed, if that process could be in before time to put a roof on these buildings. Jack Hunn stated that any property owner in Wildridge could petition the other owners to amend the covenants and the Town PLANNING AND ZONING July 16, 1991 Page 17 of 20 COMMISSION MEETING MINUTES Lots 5 and 11 . Block 5_,__Wildrid_ge.__ Subdivls_on,___Wi ldwgod_ Townhomes, Design RevisionS,_,(contI being a property owner could take the lead. Each property owner would have to be contacted (probably just under 400) in order to get them to support an amendment. The first thing would be to draft the amendment, and then educate people as to why the amendment would be good. You must have written agreement from 75% of the property owners. In amendments to covenants that he has been involved in it took almost nine months in one case and over a year in another case and there were only 185 property owners to contact. There is a lot of effort and a lot of leq work involved. Rick Pylman stated that he needed to respond to one comment from Jack Hunn. He stated that he is not asking the Commission to bend the regulations and would not ask them to do that. He feels that they have made it very clear up front that this needs to be addressed as a policy issue, not a special concession to this project. Chairman Perkins stated that his problem is that the Commission did address this issue. The Commission did come up with the policy that they were not going to allow asphalt shingles in Wildridge. Keeping that in mind, there are realities about Wildridge and what it is and in some cases what it is becoming. Wildridge has always been a battle ground and he has felt that they have had to stand for the highest quality that they could secure. He stated that they have been fighting development that has been consistently at the lower end of the scale. He stated that it would not matter to him what kind of shingles this project had. He feels they all have to make up their own minds on this issue. Patti Dixon stated that the cedar looks better, but as fcr longevity and fire protection standpoint the better quality asphalt would be called for. However, she feels that the lown of Avon should not be the one to do asphalt shingles first. She feels that the Commission and Town should abide by the rules as they are now set. She feels that budget constraints should not be a consideration since it is not with any other developer that comes in. Clayton McRory suggested that the Town should use the woodrut product. He doesn't feel that asphalt should be used up there. Derek Pysher stated that to keep the integrity of the Commission in all past decisions, he believes they should continue to disallow asphalt and he does not feel that PLANNING AND ZONING July 16, 1991 Page 18 of 20 P", n COMMISSION MEETING MINUTES Lots 5 and 11. Block 5, Wildridae Subdiv_i_siony__W_i i_dwood_ Townhomes Design Revisions, (cont) economic forces should be an issue. Henry vest asked Mark why there was a time issue with the project. He stated that he agrees with Jack that there should be an amendment to the covenants. He also agrees with Clayton that the woodruf shingles should be used. He did not feel the asphalt would work with this particular roof line, etc. Sue Railton stated that the architecture of this building is suitable for the asphalt shingles. Her problem is that they have not allowed it in the past, although she has felt that it should have been allowed. She feels that they should look into changing this policy. Chairman Perkins stated that his final comment is to agree with the consensus that he hears and it is primarily driven because we are the Town of Avon and there is a tremendous conflict of interest working here that is inherent in this thing. He would like this board, under other business tonight, to make a motion to form a letter to address the Town Council to consider initiating addressing changing the Wildridge covenants. He hears a consensus of the Board that the asphalt shirgles will not be allowed. Mark Donaldson stated that they had presented the project to the Council and the six members that were present all supported the use of the asphalt shingles and recommended that they bring it to the Commission. In answer to Henry's question, there are some critical dates in the mortgage lenders commitment, Chairman Perkins stated that he feels that the Commission has made the right decision and if the Council wants to change it that would be their right. Patti Dixon moved to approve all the changes except the Timberline 360 pound per square asphalt roofing material and recommend that a woodruf product be used. Clayton McRory seconded. The motion carried unanimously. PLANNING AND July 16, 1991 Page 19 of 20 ZONING COMMISSION MEETING MINUTES Reading and Approval of Planni_ng___and Zoning. Commission Meeting of _July 2. 1991 Clayton McRory moved to approve the minutes of the July 2, 1991 minutes as submitted. Henry Vest seconded and the motion carried unanimously. Other Business Chairman Perkins asked what the staff thinks about sending a message to the Town Council inviting them to consider initiating a change to the Wildridge covenants. Rick Pylman stated that this had been discussed previously and this has been put on a back burner for the time being. There would be more than just the asphalt roof to be addressed. Subdivided duplex lots and multi -family type of development would need to be addressed and they are no where near prepared to address these matters at this time and probably won't be until maybe winter. Chairman Perkins stated that he would back off for now, but he would like the minutes to reflect that he feels that it is time for the Town of Avon to address that issue as soon as it can possibly be done. Jim Curnutte stated that in the packets was a copy of the new Woodburning Ordinance that is now law. Also mentioned was the planning meeting in August and the Commission members were urged to go and to let the Recording Secretary know if they decide to go. Clayton Mcrory moved to adjourn. Patti Dixon second and the meeting was adjourned at 10:35 PM. Respectfully submitted, Charlette Pascuzzi Recording Secretary PLANNING AND ZONING COMMISSION MEETING MINUTES July 16, 1991 Page 20 of 20 Commission J. Perki s S. Rail on C. McRor A. Reynolds P. Dixon H. Vest D. Pysher _ go to to