PZC Minutes 101607IIG:1k I'„f the 14i4CIiY::
I
Town of Avon Planning & Zoning Commission
Meeting Minutes for October 16, 2007
Avon Town Council Chambers
Meetings are open to the public
Avon Municipal Building / 400 Benchmark Road
REGULAR MEETING
Call to Order
The meeting was called to order at 5:30 pm.
II. Roll Call
All Commissioners were in attendance with the exception of Commissioner Green.
III. Additions and Amendments to the Agenda
Items XI, Master Sign Program, Property Location: Lot 2, Riverfront Subdivision / 126
Riverfront Lane; XII, Minor Project Application, A., Shed Addition, Property Location: Lot
41-13, Block 3, Wildridge Subdivision / 4330 Flat Point Road; and Item XII, Minor Project
Application, B., Lau Deck Remodel, Property Location: Lot 95A, Block 1, Wildridge
Subdivision / 2380 A Old Trail Road, were moved to the Consent Agenda.
IV. Conflicts of Interest
Commissioner Evans revealed conflict with Items VII, PUD Amendment, Property
Location: Folson Annexation Parcel / Highway 6 & 24; IX, Sign Code Variance, Property
Location: Lot 22, Block 1, Benchmark at Beaver Creek Subdivision / 77 Metcalf; and X,
Final Design Applications, A and B, Courtyard Villas of Wildridge, Property Location: Lot
12 and 13, Block 3, Wildridge Subdivision/4080 Wildridge Road West.
V. Consent Agenda
• Approval of the October 2, 2007 Meeting Minutes.
• Item XI, Master Sign Program, Property Location: Lot 2, Riverfront Subdivision /
126 Riverfront Lane
• Item XII, Minor Project Application, A., Shed Addition, Property Location: Lot 41-
B, Block 3, Wildridge Subdivision / 4330 Flat Point Road
• Item XII, Minor Project Application, B., Lau Deck Remodel, Property Location: Lot
95A, Block 1, Wildridge Subdivision / 2380 A Old Trail Road
Commissioner Struve motioned for approval of the Consent Agenda with Commissioner
Smith seconding the motion. The motion passed unanimously.
VI. Site Tour Follow-up / Timeshare West - CONTINUED
Property Location: Lot 3, Riverfront Subdivision / 218 Riverfront Lane
Applicant: Aleksandr Sheykhet / Owner: Starwood Vacation
Description: Follow-up to Final Design approval condition for the Timeshare West
project. This design was approved at the May 1, 2007 Commission meeting, and an on-
site mockup review for this item is now required. Formal mockup review will be
November 6, 2007.
Matt Pielsticker gave a brief explanation of Staff's Memo.
Chuck Madison, East West Partners, approached the podium to address the concerns of
the mockup for the applicant. Mr. Madison discussed the palates of colors considered
by experts he consulted, changes in materials, windows, stone heights, and elevations,
and an explanation of how the decisions were derived.
Commissioner Goulding voiced concern for the level and quality of mock up
workmanship and detail. Commissioner Struve mentioned that this project was looking
similar to the hotel but better than previously presented. Commissioner Foster
commented that the original mockup did not look like the original plans and was
concerned it would remain as before and not the new look.
This item was tabled to the November 6, 2007 Planning and Zoning Commission
Meeting and a final on-site review.
VII. PUD Amendment — CONTINUED PUBLIC HEARING
Property Location: Folson Annexation Parcel / Highway 6 & 24
Applicant: Larry Vineyard, Premier Holdings LLC / Owner: Craig Folson
Description: The applicant, Premier Property Holdings LLC, is proposing a phased 112
unit condominium project, including a restaurant, on the Folson Annexation Parcel. The
property is immediately east of the 49 unit Gates on Beaver Creek condominium project
currently under construction. This application was tabled from the February 20, 2007
Planning Commission Meeting.
Matt Pielsticker presented the Staff Report to the Commission
Commissioner Goulding questioned if wildfire mitigation was reviewed and concern with
a fire on the 40% slope.
Greg Macik, Tab and Associates, approached the podium to address Commission
concerns. Mr. Macik began that he could not guarantee LEED certification, expressed
that design standards were high quality, and this project would provide a large amount of
open space, moved Phase I to the east, slightly away from the Gates project, lowered
the height of the buildings, eliminated Phase III, reduced the size of the units, parking
numbers were decreased, and mentioned that surface parking will exist. Lou Reese,
Madison Partners, spoke from the podium to get feedback, gave other suggestions for
Phase II such as to create 5 duplexes (10 housing units), requested increase in height to
accommodate duplexes, reduce the square footage of the condo units from 1600 sq ft to
1300 sq ft,
Commissioner review began with Commissioner Goulding voicing surprise of the new
presentation that included duplexes. Commissioner Struve suggested townhouses
versus duplexes, and walking paths were necessary. Commissioner Foster commented
on the restaurant size change, duplexes were a good idea, suggested duplexes on
either side of the main building. Commissioner Lane preferred the townhouse idea, roof
ridge was a concern, and questioned the LEEDS process. Commissioner Smith found
the townhouse concept interesting.
OPENED PUBLIC HEARING
Chris Todd, Canyon Run Resident, approached the podium to understand the definition
of conditional approval. Matt Gennett responded that this was an entitlement process.
Mr. Todd expressed that elimination of Phase II with town homes was a good move,
commented that Highway 6 was to become a 4 lane highway and, with access and
egress, it would be 6 lanes and voiced concern that the landscaping would go away with
the expansion of the roadway and requested a new site plan.
Tom Hix, Canyon Run resident, commented that height was an issue, the structure was
too tall and too wide for the site, commented that there are geologic hazards on the site,
expressed that this project was on the wrong side of the highway and the wrong side of
the river, basically the wrong location, canyon effect was still present, and the Future
Land Use Plan specifically addressed the Folson Property with 7.5 residences per acre
and the developer was presenting 27.5 units per acre. Mr. Kelly continued that public
benefit was tax revenue, was not concerned with maximizing revenue at the sake of the
town, and voiced concerned for the impact to the historical ditch.
Mr. Reese commented on the work of the developer and their commitment to going
Green should be noted.
Julie Eaton, local, commented that the building was esthetically pleasing, and that this
would be a major improvement to the town as it was a good looking project.
Craig Folson, property owner, voiced from the podium support for this project.
Lance Kelly, Avon resident, suggested from the podium the elimination of Building I and
place townhouses throughout, and noise issues were voiced.
CLOSED PUBLIC HEARING
Commissioner Goulding questioned access to the town, easy route to town and the
Westin gondola. Commissioner Lane questioned ceiling heights in the units with the
response of 10 foot heights in the units. Commissioner Struve voiced concern with
crossing Highway 6 and the Red Historic House, and traffic calming.
Commissioner Struve moved to table Item VII, PUD Amendment, Property Location:
Folson Annexation Parcel / Highway 6 & 24. Commissioner Foster seconded the motion
to table. The motion passed 6 — 0, with all Commissioners approving.
VIII. PUD Amendment — CONTINUED PUBLIC HEARING
Property Location: Village at Avon PUD
Applicant: Dominic Mauriello, MPG / Owner: Traer Creek
Description: Amendment request to reconfigure the planning area boundaries of
Planning Areas H, Neighborhood Center; I, Neighborhood Center; E, Village Residential;
and F, Village Residential, in order to create a larger buffer between commercial uses
and the adjacent existing Eaglebend drive residential neighborhood. Also part of the
request is a text amendment to the PUD guide that will result in a modification to the
current percentages and ratios of commercial -to -residential uses in order to permit more
residential density in areas that are presently planned for more commercial square
footage. This item was tabled from the August 21, 2007 and September 18, 2007
Planning and Zoning Commission meetings.
Matt Gennett reviewed the Staff Report with the Commission
Dominic Mauriello, representing the applicant, began by introducing Munsey Ayers,
attorney for the applicant, and Marcus Lindholm, representing Traer Creek. Mr.
Mauriello began his presentation with a review of the background, public comment and
his impression of the sentiment from the neighbors in the Eaglebend neighborhood
related to decreasing commercial presence adjacent to their street and to infuse some
residential presence. The areas at issue were Planning Areas E, F, H, I and J, which
are intended to be reconfigured with this application in terms of commercial -to -residential
square footages; and the size of Areas E, F, H and I are to be modified as well. No net
change of square footage or land use would result from this application.
Mr. Mauriello continued by stating that the Amendment refined and improved the
development, thereby establishing more of a 'village' atmosphere. Mr. Mauriello voiced
concern with Staff's report and his opinion that the conditions seem to violate the PUD
Guide and Annexation Agreement, and discussed his letter that was provided in the
Planning and Zoning packet. Mr. Mauriello continued that this Amendment would not
eliminate any of the triggers for the ice rink / event center approved in Planning Area C;
and the Amendment was designed to appease the Eaglebend neighbors.
Commissioner Evans commented that he did not disagree with Staff's conditions but that
this Commission was concerned with zoning and not legal issues. Commissioner Evans
continued that his interpretation was that newly enacted legislation in the Town can not
be retroactively applied to previous agreements and what was being requested (by this
application) was to make a change to that agreement and changes would be effected by
the rules in place at the time. Commissioner Struve commented that by virtue of the Mr.
Mauriello's October 9, 2007 letter responding to Staff's conditions, "shall not directly or
indirectly ......affect the Owner's rights". Mr. Mauriello replied that they were not asking
to change the Development Rights on the property but were asking to more some things
around. The PUD Guide anticipated future amendments per Mr. Mauriello.
Mr. Mauriello continued that a traffic report would be provided at time of permit as the
Code suggested and not prior to building as Staff has conditioned, and stated employee
housing being required in areas E, F, and H, was problematic for the applicant.
OPENED PUBLIC HEARING
Matt Gennett stated that a resident of Eaglebend, who had to leave prior to this item
being heard, voiced concern for the potential height of buildings behind the Eaglebend
development. No other members of the public commented.
CLOSED PUBLIC HEARING
Commissioner review involved only the zoning aspects of the application, raised
concerns with Tract F gaining additional commercial space, the realignment of the
subject planning areas, and stated that the staff conditions should be handled by Town
Council and are out of the realm of the Planning and Zoning Commission. Mr. John
Dunn suggested the Commission rely on staff's expertise on the issue.
Commissioner Smith commented that a vote on the realignment should pass on to Town
Council but the conditions are a concern, and did not want to have them come back and
try to make a change in something that shouldn't have been done by Planning and
Zoning; however, if Town Council wished to negotiate it, that would be fine.
Commissioner Smith motioned to approve Ordinance No. 07-10, Item VIII, PUD
Amendment; Property Location: Village at Avon PUD, changing the Planning Areas E, F,
H, I, and J, as requested by the developer. Commissioner Goulding seconded the
motion and the motion passed 4 — 2.
IX. Sign Code Variance — NOTICED PUBLIC HEARING
Property Location: Lot 22, Block 1, Benchmark at Beaver Creek Subdivision / 77 Metcalf
Road, Applicant/Owner BBG Holding Corporation
Description: The applicant is requesting a Variance from Section 15.28.080(15) of the
Town of Avon Sign Code. The request is to allow a freestanding sign within 10' from the
front lot line.
Matt Pielsticker presented Staff's Report and Matt Gennett gave an explanation of
photos in the behalf of the applicant, Chris Evans, who had recused himself.
Commissioner review included questions regarding other sites and their monument
signs, and truckers having difficulty finding addresses.
OPENED PUBLIC HEARING
No members of the public approached the podium for comment.
CLOSED PUBLIC HEARING
Commissioner Lane questioned other variances for signs in Avon, signs were a way
finding tool, and voiced that the sign did not belong in a setback. Commissioner Foster
questioned the height limitations on signs of this nature. Commissioner Struve
commented that way finding on Metcalf was difficult and that the height could be
adjusted higher but not placed in the setback. Commissioner Goulding commented that
hardship must be proven. Commissioner Smith commented that the tree might block the
sign anyway.
Commissioner Foster motioned to approve the Resolution for denial of Item IX, Sign
Code Variance, Property Location: Lot 22, Block 1, Benchmark at Beaver Creek
Subdivision / 77 Metcalf Road. Commissioner Lane seconded the motion. All
commissioners were in favor and the motion to deny was approved unanimously by the
Commission.
X. Final Design Applications - CONTINUED
A. Courtyard Villas of Wildridge
Property Location: Lot 12, Block 3, Wildridge Subdivision / 4080 Wildridge Road West
Applicant/Owner. Michael Hazard /Advanced Home Technologies, LLC
Description: Final Design for a duplex development accessed via a private entry court
off of Little Point. The design is contemporary with multiple flat roof elements. The
forms are clad in Stucco and wood to diminish scale.
B. Courtyard Villas of Wildridge
Property Location: Lot 13, Block 3, Wildridge Subdivision / 4090 Wildridge Road West
Applicant/Owner: Michael Hazard / Advanced Home Technologies, LLC
Description: Final Design for a duplex development accessed via a private entry court
off of Little Point. The design is contemporary with multiple flat roof elements. The
forms are clad in Stucco and wood to diminish scale.
Jared Barnes presented the Staff Report for both lots, as there were presented together.
Michael Hazard, owner representative, began his presentation with some historical
information on the project and other duplexes in the project area.
Commissioner review included questions and comments on the views from each
residence, the building footprint's proximity to and encroachment of the setbacks,
adjustments for headlight issues, amount and type of landscaping and the proposed
colors. Commissioner Struve questioned if the square footage included the garage and
it was answered affirmatively. Commissioner Foster questioned the connection from C
to D and commented that the louvers reminded her of a jail.
Mark Slatkoff, local resident, approached the podium to question the setback
encroachments, concerned with the sameness of all the units, had difficulty seeing any
daylight between the structures, asked if the site coverage calculations could be redone
and it that the project may negatively impact his home. Nigel Dagnall, neighbor to the
north of this project, voiced that the original presentation was poorly done. He was
concerned with parking in the area, light pollution from this type of window, chimneys
size and height as compared to the rest of the buildings, white coloration and
improvement from the original presentation.
Ernie Atlas, adjacent property owner, commented on how different this project is from
others in the area. Ron Brethauer, owner of 4221 Wildridge Road, approached the
podium to comment on the height and that this project would not be appropriate on
Highway 6 so why should it work in Wildridge. He also mentioned that the structure was
extreme and was concerned with light pollution. Ben Kleimer, Wildridge resident and
realtor, voiced that people want to buy something new and didn't think it would turn into
"a white elephant".
Commissioner Goulding began the review by commenting that he measured the project
by the Guidelines not by his personal preference and determined that it was within its
limits. He also commented that courtyards were a nice approach, good articulation in
both the vertical and horizontal planes, but was concerned that this would be perceived
as one building and that the landscaping plan was wimpy and would benefit by being
doubled. Commissioner Struve voiced concern about the main floor connection, the
parking issue, and he stated that a lighting plan was needed and landscaping would be
key. Commissioner Foster questioned staff regarding the lot lines. Commissioner Lane
remarked that the style turned its back on the neighborhood and that he liked the
courtyard design but wasn't sure it fit this project. He also voiced disappointment with
the materials to be used, stating that he expected different materials. Commissioner
Smith voiced concern with the Residence C and D connection, how the two duplexes
appeared as one big building and that a model would be useful for review.
Commissioner Struve motioned to table Items X, Final Design Applications A. and B.
Courtyard Villas of Wildridge, Property Location: Lots 12 and 13, Block 3, Wildridge
Subdivision / 4080 and 4090 Wildridge Road West. Commissioner Lane seconded the
motions. All Commissioner were in favor and the motion passed 6-0.
XI. Master Sign Program - CONTINUED
Property Location: Lot 2, Riverfront Subdivision / 126 Riverfront Lane
Applicant: Andy Gunion /Owner: Riverfront Village Hotel, LLC
Description: A Master Sign Program Amendment to allow for tenant identification signs
around the public plaza and gondola area. The signs include blade signs, awning signs,
window signs, and freestanding signs.
Moved to Consent Agenda.
XII. Minor Project Application
A. Shed Addition - CONTINUED
Property Location: Lot 41-B, Block 3, Wildridge Subdivision / 4330 Flat Point Road
Applicant: James G. Downs, Tuff Shed, inc. l Owner: Tony Prior
Description: Construct an attached shed to the side of the subject property. The shed
exterior finish will match the existing residence.
-Moved to Consent Agenda -
B. Lau Deck Remodel
Property Location: Lot 95A, Block 1, Wildridge Subdivision / 2380 A Old Trail Road
Applicant: Gary DeKoker/Owner: David Francis -Lau
Description: A Minor Project application to remodel an existing deck on one half of a
duplex structure. The remodel will include the addition of 370 square feet and the
change from stucco to wood as the major material used. The application also includes a
color change on both halves of the duplex structure.
-Moved to Consent Agenda -
XI. Other Business
X. Adjourn
Commissioner Goulding motioned to adjourn. Commissioner Lane seconded. All
Commissioners were in favor. The meeting was adjourned at 10:00 pm.
Respectfully submitted,
Ruth Weiss
Recording Secretary
APPROVED:
Chris Evans
Chairman %y
Phil Struve
Secretary