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PZC Minutes 032100 (2)Minutes of Planning & Zoning Commission March 21, 2000 Council Chambers Town of Avon Municipal Building 400 Benchmark Road I. Call to Order The meeting was called to order at 6:03 PM II. Roll Call All Commissioners were present except Commissioner Fehlner. III. Additions and Amendments to the Agenda None IV. Conflicts of Interest Chairman Evans had a conflict of interest with Final Design Review, Item A. V. Consent Agenda A. Approval of the March 7, 2000 Planning & Zoning Commission Meeting Minutes Commissioner Klein made a motion to approve the Consent Agenda. The motion was seconded by Commissioner Sipes and unanimously approved. VI. Final Design Review A. Lot 60, Block 1, Wildridge Subdivision Project Type: Single Family Residence Property Owner: Michael and Denise Durkee Applicant: Beveled Edge Woodworks Inc. Address: 2341 Fox Lane Commissioner Evans stepped down. Commissioner Macik took the Chair. Ruth Borne, Assistant Director of Community Development, presented the staff summary. Applicant, Mike Durkee, approached the podium and presented a full- size color board. Mr. Durkee agreed the siding color was too orange. The revised color board will be submitted to staff. An 18" culvert will be installed. Commissioner Morrison made a motion for final design approval with the following conditions: 1. Revise color board and drawings, including a siding color diminishing the orange tone; 2. Provide a culvert adjacent to the public roadway consistent with the alternative detailed on the site plan; 3. Maintain the ditch and culvert with positive drainage commencing with construction; 4. Revise bay window in the kitchen (west elevation) to have some structural support. Commissioner Karow seconded the motion. The project was unanimously approved with Commissioner Evans abstaining. VII. Public Hearing Special Review Use A. Lot 69, Block 3, Wildridge Subdivision Project Type: Special Review Use - Home Occupation Owner: Charlee Puckett Applicant: Charlee Puckett Address: 4221 Wildridge Road West Chairman Evans took the chair. Karen Griffith, Town Planner, made the staff presentation. Staff recommended approval with two conditions: 1. No employees would be allowed to work on the property on a regular basis; 2. No materials, packages or vehicles not normally associated with residential use shall be stored outside. Applicant Charlee Puckett approached the podium and made the following comments: He has intentions to move to a warehouse as soon as he can. He started this business November 1,1999. The landlord has consented to the home occupation. Applicant Puckett described his business as floral work, making arrangements, loading them onto a truck and delivering them to the event site. He does have people on the property to help load and unload. Commissioner Klein stated his concern that items not be stored outside. Page 2 of 11 Minutes of P8Z Meeting March 21, 2000 Commissioner Karow asked if there was a time limit on the approval. Karen Griffith stated it was acceptable as a permanent permit. The floor was open for public comments. None were made. Chairman Evans then closed the public hearing. Commissioner Macik made a motion to approve the application for a Special Review Use Resolution No. 00-04 of Series 2000 subject to the following conditions: 1. No materials, packages, or vehicles not normally associated with residential use shall be stored outside; 2. No employees shall be allowed to work on the property on a regular basis; 3. Approval is good for one year; any renewal must be approved by the Planning & Zoning Commission. The motion was seconded by Commissioner Sipes and unanimously approved. Rezonina and PUD Aoolication B. Lot 38A, Block 2, Benchmark Subdivision Project Type: PUD and Rezoning - Resort Club Applicant: Robert Borg Owner: Robert Borg Address: 220 W. Beaver Creek Blvd. Lot 38B should read Lot 38A. Minutes, Staff Report and Resolution 00-3 of Series 2000 will be changed accordingly. Karen Griffith, Town Planner, gave the staff presentation stating this was for a 24 -member residence club. Staff recommended denial to Town Council with eight findings as set forth in Resolution #00-3. Applicant, Robert Borg, approached the podium and made the following statements: He has been an owner in Avon for 20 years. He is applying for one unit to become a private residence club. He asserted that the comments made in the Staff Report are flawed. It is a residence club, not a resort club. They are very dissimilar. The play on words distort what is being proposed. Staff is mistaken by making the residence club synonymous with a resort club. He is looking to the Commissioners for a common sense approach despite the Staff Report. Page 3 of 11 Minutes of P&Z Meeting March 21, 2000 Chairman Evans requested the applicant clarify how this private residence club differs from the Town of Avon's definition of a time-share project. Mr. Borg stated the definition is so broad, it leaves no room for a private residence club. What he offers is very special. This is a residence. A time span of occupancy has not yet been specified. With a time-share, you are assigned a specific week and time limit. The proposal is similar to the Austria Haus in Vail. Guests can call up and make a reservation, not contracted to a specific week. Commissioner Sipes questioned what happens with the off-season time? Will the units be vacant or rented out on a short-term basis? Mr. Borg stated the property can be rented short-term to people that are not owners. The club will probably be shut down four to six weeks annually. Karen Griffith clarified that the Zoning Code's definition of time-share is consistent with this proposal for a private residence club. Mr. Borg said the Town should check the Internet to see what is happening with private residence clubs. Other areas have taken the lead. Chairman Evans stated by definition, this does fall into a time-share because it is so broad. He questioned if we need another definition, another classification. It needs to be addressed by Town Council as an amendment to the Municipal Code. Chairman Evans stated in his personal opinion, he agreed with Mr. Borg. Chairman Evans opened the floor for Commissioners' comments. Commissioner Sipes said he was torn. He agreed the Town Code needs to be updated. The Town needs time to study it. We are judging the definition against Mr. Borg's application at this time. For the record, he stated he did not think it is a high-intensity commercial use. It is a residential use. He is concerned with spot -zoning, especially in light of the existing time-share definition. Chairman Evans stated his key concern was spot -zoning this unit and setting a poor precedent. Commissioner Sipes agreed this would be spot -zoning; and that we need a better definition. Under the current code, Commissioner Sipes could not vote in favor of this application in its current form. We need to get a new definition to avoid future problems with the time-share definition. Mr. Borg stated that his property next door is a B&B, and it is an allowable use. Planner Griffith stated that the B&B is a permitted use within the RD zone district. Commissioner Sipes commented that the concern is the number of owners and the type of use in a low-density area. A residence club is appropriate in the town center as permitted under the current zoning, but not in the low-density residential area of a RD zone. The issue is not the residence club, but the location of it. Page 4 of 11 Minutes of P&Z Meeting March 21, 2000 Chairman Evans encouraged the applicant to apply for the upcoming vacancies on the P&Z Commission. Closing comments: Commissioner Morrison stated he would like to see approval. This is a high-density area. Commissioner Karow stated that he supports private residence clubs, but this proposal is not within a commercial area. The Austria Haus in Vail is in a commercial area. He further stated that the application before us tonight does not meet the criteria based upon the current zoning code. There is also the technical problem of insufficient parking. Commissioner Morrison suggested giving the Town Council the opportunity to do something about this by the Commission denying it. Commissioner Macik agreed with the use where it is, but not under the current code. He has concerns about parking. A blanket approval cannot be given because of the next person who comes in. Commissioner Klein agreed with Commissioner Karow that he is not against private residence clubs, but four different owners would be permitted under the Town's current definition of time-share. The proposal falls into time-share and is commercial activity within a RD zone district according to our criteria. Under the definition we have, it falls into commercial use and does not fit into a RD district and cannot support this application right now. Chairman Evans stated that unfortunately, the criteria is open to interpretation. He believes there is a benefit to the community. He agrees that the proposal does not change the anticipated use of what it was built for. The impact of the project will bring in sales tax, a positive impact. It does not meet the strict definition of time-share but it looks and smells like a time-share. Chairman Evans opened the public hearing. There were no comments given. Mr. Borg gave a recap. This is not commercial use. The parking meets the requirements for the RD. There are three spaces. To apply time-share standards to this does not make sense. Teresa Borg, wife of Robert Borg, gave comments. They notified their neighbors and no one made any objection. Karen Griffith confirmed that staff had not received any public input on the application. No one came to the meeting to object. The request falls under the category of a 2ed home. Tourist are renters, ours will be owners. We are keeping this project residential. We don't feel it is a Page 5 of 11 Minutes of P&Z Meeting March 21, 2000 commercial use or a time-share. The applicant's wife stated that they were encouraged by the Commission to come forward with a PUD request. If there is another forum and process, what do we need to do to comply? Karen Griffith stated the Commission is not denying or approving the Rezoning and PUD application, but only sending it on to Council with recommendations. Chairman Evans closed the public hearing. Chairman Evans stated there are reasons to call it a time-share and also reasons not to call it a time-share under the current definition. It was his opinion to get Council involved. Whatever we do, Council must be advised. Commissioner Sipes said the stumbling block is the definition of time-share. Once you take it out of time-share definition, it fits the area. He believes this is not a high-intensity use. There are criteria to accept it as a PUD and for Rezoning. Commissioner Morrison stated it complies with the benefit and compatibility clause. It is compatible with the area and would provide benefits to the community. Ruth Borne stated the applicant is purporting to sell 24 fee simple interests and fits within the definition of time-share. The proposal is for 24 owners. This is the intent of our code and why we had to draw the line. Commissioner Sipes doesn't think we should be so saddled with definition because it provides no flexibility. Commissioner Sipes agreed with Commissioner Morrison, this should be brought up to Council, because they could be setting a dangerous precedent. If the motion deadlocks, Chairman Evans stated he would like it to be sent to Council that way. If that is the vote, Council will know there is a discrepancy Commissioner Karow moved to adopt Resolution 00-3, Series 2000. Commissioner Klein seconded the motion. The motion failed 2-4. Commissioners Karow and Klein voted in favor. Commissioners Morrison, Macik, Evans and Sipes dissented. Page 6 of 11 Minutes of P&Z Meeting March 21, 2000 TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 00-3 SERIES OF 2000 A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF AVON DENIAL OF A RE -ZONING FROM RD (RESIDENTIAL DUPLEX) TO PLANNED UNIT DEVELOPMENT (PUD), LOT 38A, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Robert Borg, owner of Lot 38A, Block 2, Benchmark at Beaver Creek Subdivision, has applied for a zone change from RD to PUD, and approval of a PUD Development Plan and Development Standards, as stipulated in Title 17 of the Avon Municipal Code; and WHEREAS, a public hearing has been held by the Planning & Zoning Commission of the Town of Avon, pursuant to notices required by law, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed PUD Zoning and Development Standards; and WHEREAS, the Planning & Zoning Commission has reviewed and evaluated the Development Standards and Preliminary Development Plan according to the criteria in Section 17.20.110, subsections H and I, of the Avon Municipal Code; and WHEREAS, based upon the above, the Planning & Zoning Commission finds that: 1. The proposed re -zoning is not justified by changed or changing conditions in the character of the area proposed to be rezoned. 2. The proposed re -zoning is not consistent with the land use designation of the Town of Avon Comprehensive Plan and the goals and policies of the Comprehensive Plan. Page 7 of 11 Minutes of P&Z Meeting March 21, 2000 3. The proposed use is not compatible with the neighborhood. 4. The•proposed re -zoning for a private residence club will have a negative impact on Town Transportation systems and recreational facilities. 5. The Planned Unit Development Plan and Development Standards for Lot 38A, Block 2, Benchmark at Beaver Creek do not comply with each of the Town of Avon's PUD design criteria because the commercial nature of the use is in conflict with the residential character of the neighborhood and that this proposed commercial use would be detrimental to the public interest. 6. The private residence club is not compatible with the immediate environment, neighborhood, and adjacent properties relative to residential character of the neighborhood; 7. The PUD Zoning and Development Standards propose a mix of uses, activity, and density which are not compatible with the surrounding low density residential uses and activity; S. The project does not have sufficient on-site circulation design to accommodate the proposed private residence club use and fails to meet the Town standards for parking. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission hereby recommends to the Town Council of the Town of Avon, Colorado, to deny the Re -Zoning of Lot 38A from RD to PUD. Commissioner Morrison moved to adopt Resolution 00-3A, Series 2000 recommending that Town Council approve the application as follows: TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 00-3A SERIES OF 2000 A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF AVON APPROVAL OF A RE -ZONING FROM RD (RESIDENTIAL DUPLEX) TO PLANNED UNIT DEVELOPMENT (PUD), LOT 38A, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. Page 8 of 11 Minutes of PS,Z Meeting March 21, 2000 HEREAS, Robert Borg, owner of Lot 38A, Block 2, Benchmark at Beaver Creek WSubdivision, has applied for a zone change from RD to PUD, and approval of a PUD Development Plan and Development Standards, as stipulated in Title 17 of the Avon Municipal Code; and WHEREAS, a public hearing has been held by the Planning & Zoning Commission of the Town of Avon, pursuant to notices required by law, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed PUD Zoning and Development Standards; and WHEREAS, the Planning & Zoning Commission has reviewed and evaluated the Development Standards and Preliminary Development Plan according to the criteria in Section 17.28.080 and Section 17.20.110, subsections H and 1, of the Avon Municipal Code; and WHEREAS, based upon the above, the Planning & Zoning Commission finds that: 1. The proposed re -zoning is justified by changed or changing conditions in the character of the area proposed to be rezoned. 2. The proposed re -zoning is consistent with the land use designation of the Town of Avon Comprehensive Plan and the goals and policies of the Comprehensive Plan. 3. The proposed use is compatible with the neighborhood. 4. The proposed re -zoning for a residence club will have no impact on Town transportation systems and recreational facilities. 5. The Planned Unit Development Plan and Development Standards for Lot 38A, Block 2, Benchmark at Beaver Creek does comply with each of the Town of Avon's PUD design criteria because the residential nature of the use is compatible with the residential nature of the neighborhood. 6. The residence club is compatible with the immediate environment, neighborhood, and adjacent properties relative to the residential character of the neighborhood; 7. The PUD Zoning and Development Standards propose a mix of uses, activity, and density which are compatible with the surrounding low density residential uses and activity; Page 9 of 1 t Minutes of P&Z Meeting March 21, 2000 8. The project does have sufficient on-site circulation design to accommodate the proposed residence club use and meets the Town standards for parking. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission hereby recommends to the Town Council of the Town of Avon, Colorado, to approve the Re -Zoning and PUD Application of Lot 38A, Block 2, Benchmark at Beaver Creek from RD to PUD. Commissioner Klein seconded the motion. The motion tied 3-3. Commissioners Evans, Morrison and Sipes voted in favor. Commissioners Karow, Klein and Macik dissented. Commissioner Evans suggested since there is no clear-cut consensus from P&Z, Council should address this. Mike Matzko suggested that Chairman Evans represent the Commissioners and objectively provide the comments of the meeting. Mr. Borg would like a copy of the Staff Report provided to Council. VIII. Other Business A. Staff Approvals: Lot 74, Block 4, Wildridge Subdivision 5491 Wildridge Road East, Brill Residence Modification to Approved Design Ruth Borne gave the staff summary. The applicant modified the site/grading plan to lower the finished grades. IX. Adjourn Commissioner Sipes made a motion to adjourn the meeting. Commissioner Morrison seconded the motion. The motion to adjourn was unanimously approved. The meeting adjourned at 8:20 PM. Respectfully submitted, Cecelia Fenton Recording Secretary Page 10 of 11 Minutes of PU Meeting March 21, 2000 APPROVED: April 4, 2000 Chris Evans Chairman Greg Mack Secretary Page It of 11 Minutes of P&Z Meeting March 21, 2000