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TC Minutes 05-11-1999MINUTES, OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD MAY 11, 1999 A regular meeting of the Town of Avon, Colorado was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. The meeting was called to order by Mayor Judy Yoder at 5:30 PM. A roll call was taken with Councilors Debbie Buckley, Rick Cuny, Mac McDevitt, Buz Reynolds, and Mayor Protem Bob McIlveen present. Councilor Jim Benson was absent. Also present were Town Manager Bill Efting, Town Attorney Burt Levin, Assistant- Town Manager Larry Brooks, Deputy Town Clerk Stacy Mays, Building Official J.E. Hildreth, Planner Karen Griffith, Planner George Harrison, Finance Director Scott Wright as well as members of the press and public. Planning & Zoning Commission Appeal Appeal of Planning & Zoning Commission Metal Shingle Roof and Color Change Decision Councilor Reynolds stepped down from the Council for this appeal. Mr. Michael Hiland, applicant, stated his project was approved in September of 1997. He always planned to install a metal roof. The original design prints did state 300 pound shingle, which usually specifies a fiberglass or asphalt shingle. Mr. Hiland stated that all he was ever told was only synthetic shingle roof, which is what his metal is. (Mr. Hiland stepped away from the microphone and is not transcribable). He stated the roof does glare, but it has to be just the right angle. Mn Hiland stated the other item he was turned down on, which he did not feel was even discussed, was that he wanted to change the color of the fascia and some trim because the color he picked was atrocious looking. The Planning &-Zoning Commission (P&Z) did not even discuss that, so he also wants approval on the color change. Mr. Hiland read some of the building code and stated it says nothing about no metal roofs. The code states the roof should be durable and resistant to environmental conditions. "His roof is a 30 year roof, withstands 130 mph winds, ii has withstood 8.8 inches of water and-1 00 mph winds. Mr. Hiland gave out 28 letters to the neighboring properties asking them how they felt about the roof. He received 3 no responses that they did not like the roof and 9 yes responses that they did like the roof. (Mr. Hiland stepped away from the microphone and is not transcribable). • • Mr. Hiland stated he started installing the roof in February. A building inspection was done on February 11 and nothing was ever said to him that he could not have a metal roof. Mr. Hiland hopes that he does not have to remove the roof. He stated he did try some things to remove the luster of the shingle. He stated he sandblasted the shingle and it removes the paint, and he spoke to a painter who said they could paint it with a ceramic paint. If he did that he would only get a 5 year guarantee. Any other options voided the guarantee on the roof. Mr. Hiland hoped to sandblast the areas where the neighbors were effected and paint those areas in a dull ceramic paint rather than remove the entire roof. Councilor Cuny asked if he had to present roof materials to the P&Z? Mr. Hiland stated he did not but he did have to present the color. Councilor Cuny asked if anywhere on the plans state metal roof? Mr. Hiland stated they do not, it only states synthetic. Councilor Buckley asked where the four other metal roofs in Wildridge were located? Mr. Hiland stated some are up higher, one is at the end of Bear Trap, not all are at the top of Wildridge. They are partial metal roofs. Mr. Chris Evans, Chairman of the P&Z, stated considerations before the Council are 1.) the P&Z approved this project on July of 1997 with conditions attached. The conditions did not effect the roofing material. Sheet A3 of the DRB approved set of plans specifically states "heavy relief composite shingles, 300 pounds or equivalent". This is a very standard architectural spec for asphalt shingle. Therefore, the metal roof was not previously approved nor did the applicant seek approval for the metal roof until after the roof had been installed. 2.) This denial is not subjective. It is based on written ,guidelines. - It is a change to the original approval. The changes must be approved under the currently adopted design guidelines of January 27, 1998. Metal roof is not prohibited. Section 4.25(d)(4) states that "large expanses of bright reflective materials will not be acceptable". At the P&Z meeting that this roof was denied, several neighbors submitted pictures showing a large glare coming off this roof. P&Z denied the metal shingle roof for this reason only. The applicant did submit a letter to the neighboring properties stating that the roof is reflective. 3.) The guidelines in effect when the project was originally approved were more restrictive than current guidelines with respect to metal roofing. Previous guidelines state metal roofing of. any kind was prohibited unless the applicant could demonstrate that glare would not effect neighboring properties. Even .then metal roofing was generally,denied when there were houses above that-might be effected. The metal roofs'that Wee approved in Wildridge are either in very limited amounts of metal roofing or they are at the very upper limits of Wildridge where there is no one above to be effected by the glare. 4.) While the P&Z was not necessarily opposed_ to the color change in the metal' fascia; we did not feel it was prudent to accept a change in color without knowing what the color of the roof was going to be that this color would be compared against. Given that, it was P&Z's decision to deny the entire submission 2 • • based on the outcome of the metal roof at which time we would consider what the final color of the metal fascia was to be. Mayor Yoder asked if roofing materials were requested by the P&Z. Mr. Evans stated no because a roof color was specified. The color was shown on a chip on the color board as forest green. That, in conjunction with the specs on the plans that said heavy relief composite shingles 300 pounds or equivalent, told us it was a forest green asphalt shingle roof. That satisfied our, requirement at that time. P&Z felt it was well defined and "spelled out. Councilor McDevitt asked how P&Z determined the reflectivity of a metal roof that is acceptable. Mr. Evans stated in the past he does not know of a metal roof that has received a straight forward approval from the P&Z. The last several applicants have been requested to install a 39x3' or 3'x4' sample at the slope of the final roof that P&Z can go view on their site visits. Those roofs were usually a standing seam metal roof. This roof is the first metal shingle roof encountered in this area. We feel we need to see it at the site to see the potential glare on the neighbors. Mr. Brent Biggs, neighbor to the Hiland Townhouse project, approached the Council. Mr: Biggs stated the glare off the roof makes it impossible to sit out on their deck or if they are itillie:living roohithey have to pull their blinds: 'Mr. Biggs asked Council to seriously consider P&Z's denial. Mr.:Tom O'Brien, resident of 2619 Bear Trap, stated he lives above the Hiland Townhouse. He stated as the sun gets higher with summer the glare will get considerably worse. Mr. Hiland pointed out that what he wants to paintis wood fascia and trim, not metal. He also pointed out that the original prints state synthetic and not composite shingles. Mayor Yoder closed the public hearing. Councilor McDevitt stated that a highly reflective roof is not appropriate. If there is some way to reduce the reflectiveness it would probably work, but under the circumstances it is inappropriate. Mayor Protein McIlveen stated the plans that were approved by P&Z were not actually followed. Also, the reflectivity is an issue for him. Therefore, he supports the P&Z's decision. Councilor Cuny stated that his issues are the same as Mayor Protein McIlveen. What's been approved is what needs to be followed. -The pictures do show there are some reflection problems. 3 • • Councilor Cuny motioned to uphold the P&Z in their decision to deny the roof. Councilor McDevitt seconded the motion. Mayor Yoder asked for a roll call. The motion carried unanimously. Resolutions: Resolution No. 99-16, Series of 1999, A Resolution Amending the 1999 Town of Avon Budget Finance Director Scott Wright stated the resolution amends the 1999 capital projects fund. The sum of the amendment is a net increase to the 1999 ending fund balance in the amount of $1,290,176. Councilor Buckley motioned to approve Resolution No. 99-16, Series of 1999. Mayor Protem McIlveen seconded the motion. The motion carried unanimously. New Business: Appointment of Planning & Zoning Commission Members Mr. Chris Evans, Chairman of the Planning & Zoning Commission, recommended the reappointment of Anne Fehlner, the reappointment of Andrew Karrow, and the appointment of Ward Morrison. Councilor Cuny motioned approval of the three candidates for the Planning & Zoning Commission as recommended. Councilor Buckley seconded the motion. The motion carried unanimously. Consent Agenda: a.) Approval of April 27, 1999 Council Meeting Minutes b.) Resolution No. 99-17, Series of 1999, A Resolution Approving the Endorsement of the Eagle County Comprehensive Housing Plan by the Town Council, Town of Avon, Eagle County, Colorado c.) Resolution No. 99-18, Series of 1999, A Resolution of the Town of Avon, Colorado, Acknowledging Chapel Square Encroachment d.) Nottingham Park Equipment Storage Building Construction Bids 4 0 0 e.) Architectural Services f.) Financial Matters Councilor Reynolds stated he would abstain from item d of the Consent Agenda. Councilor Buckley motioned approval of the Consent Agenda. Mayor Protem McIlveen seconded the motion. The motion carried unanimously. There being no further business to come before the Council, Councilor Buckley motioned to adjourn. Mayor Protem McIlveen seconded the motion. The meeting was adjourned at 6:55 PM. Y SUBMITTED: Kris YAW Town APPROVED: Jim Benson Debbie Buckley Rick Cuny Mac McDevitt Bob McIlveen Buz Reynolds Judy Yoder 5