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PZC Minutes 081500 (2)Minutes of Planning & Zoning Commission Regular Meeting August 15, 2000 Council Chambers Town of Avon Municipal Building 400 Benchmark Road I. Call to Order The meeting was called to order at 6:04PM. II. Roll Call All Commissioners were in attendance with the exception of Commissioners Karow and Sipes. III. Additions and Amendments to the Agenda Fence Application for Lot 46A, Block 1, Wildridge Subdivision, 2410 Saddleridge Loop, was moved to the Consent Agenda. IV. Conflicts of Interest None V. Consent Agenda A. Approval of the August 15, 2000 Planning & Zoning Commission Meeting Minutes B. Lot 46A, Block 1, Wildridge Subdivision Project Type: Split Rail Fence Address: 2410 Saddleridge Loop Owner: Gil Fancher There were no public comments on the fence application. Commissioner Klein made a motion to approve the Consent Agenda, Items A & B. Commissioner Macik seconded the motion. The motion carried unanimously with Commissioner Fehlner abstaining from Item A, Meeting Minutes. Item B, Lot 46A, Block 1, Wildridge Split Rail Fence was approved with the following condition: Minutes of PRZ Meeting August 15, 2000 Page I The location and design of this fence shall be as defined in the letter dated July 19, 2000 to Ruth Borne, including the attached revised site plan, as submitted in the application. VI. Public Hearings Lot 12, Block 4, Wildridge Subdivision Project Type: PUD Amendment Address: 5712 E. Wildridge Road Applicant: Town of Avon Ruth Borne, Assistant Director Community Development, made the presentation for Staff and the Town as applicant. She stated the Town is proposing a PUD amendment for Lot 12, Block 4, from a single-family residence to a duplex residence. The application is based upon the fact Staff erroneously provided the owner with information Lot 12 was zoned duplex. The Town Attorney, Burt Levin, recommended that we proceed in this manner. Based upon the PUD criteria, Staff is recommending approval. Staff has received four letters of objection from neighbors in the community: John & Donnis McDonald, Lot 10, Block 4 Russell & Margaret Stuut, Lot 12, Block 4 John & Greer Gardner, Lot 82, Block 4 Lynn & Joanne Morgan, 5735 Wildridge Road East Owner, Alice Leeds, spoke to the Commission. She stated she purchased the lot this past September. She received a fax indicating the property permitted a duplex residence so she would know what options were available. She was told the options were for either a single family or duplex. Chairman Evans opened the Public Hearing. Donna McDonald, 5730 Wildridge Road East, did not understand how the property could now be a duplex lot. Chairman Evans explained there was erroneous information provided by the Town to the owner of the lot. He pointed out that the current zoning for Lot 12 is for a single-family residence. He said that regardless of how this Commission votes, the decision can only come from Town Council. The Commission only makes the recommendation for approval or denial to Town Council. Greer Gardner, 5723 Wildridge Road East, lives directly across the street from the lot. We purchased our property with the information that Lot 12 was a single-family lot. We were told all the lots across the street from us were zoned single family. We don't think we should pay for an error the Town made. Minutes of P&Z Meeting August 15, 2000 Page 2 John Dettling, 5717-B Wildridge Road, said he lives a few yards down from this lot. His determination to buy a home at this location was that this lot was a single family home. He felt that it is not right that the game plan be changed now. There were no further comments from the public. Chairman Evans closed the public hearing. Commissioner Fehlner asked Staff if the PUD criteria required that a development plan be submitted for that application. Mike Matzko, Director of Community Development, said it is not a strict requirement. Commissioner Fehlner stated she had a difficult time reviewing this application against the criteria. There are no development plans to review the design. It is difficult to determine how the project complies with the design criteria. The other concern is the requirement that the project not impact adversely the neighboring properties. Commissioner Klein said he agreed with Commissioner Fehlner's comments. He is concerned with the public's input on upzoning the property and their reliance upon the current zoning of Lot 12. Commissioner Macik agreed with the comments that were made. Commissioner Head stated that this lot was zoned single family for some reason and this is the Town's mistake. He saw no reason why it should be changed to a duplex now. Chairman Evans speaking to the owner said yes, you were provided with erroneous information, but we also have four property owners who have written letters of objections and three owners who have spoken tonight voicing their objections to changing the zoning. They have just as much of a case for not upzoning the lot based on their reliance on the information that it was a single-family lot. If we look at upzoning in Wildridge in general, we have a problem with the PUD criteria. First, conformity and compliance with the overall design theme of the Town. If we start allowing upzoning to specific lots we start to destroy compliance with the design theme. Without a development plan it is very difficult to evaluate the design compatibility with the immediate environment, neighborhood and adjacent properties. He found conflict with design criteria # 8, 9 and 10. He found the application as presented does not meet the PUD review criteria items number 2, 3, 8, 9 and 10. Chairman Evans stated the Planning and Zoning vote is merely a recommendation to Town Council and the final decision rests with them. It would be worthwhile for the people tonight to attend the Town Council meeting in order to make their viewpoints known. Town Council will be provided with all of submitted information and minutes from this meeting. Minutes of P&Z Meeting August 15, 2000 Page 3 Commissioner Klein moved to deny Planning and Zoning Resolution 00-6, which recommends approval of the application for the Amendment to the Wildridge PUD, Lot 12, Block 4 as a duplex lot, based on non compliance with PUD review criteria 2, 3, 7,8, 9 and10. Commissioner Head seconded the motion. The recommendation carried unanimously. VII. Other Business A. Village at Avon Design Guidelines Parcels K and L Mike Matzko gave a brief synopsis. The proposed guidelines are based upon the terms of the development agreement for annexation and PUD approval. One of those requirements was that Planning and Zoning would review the proposed Design Guidelines for the project as a whole within 60 days. The PUD, Appendix -Subsection E was the minimum requirement for submittal. At that time, it was not contemplated that we would just deal with sections of the project. We are looking at the eastern most portion of the project on Stolport itself. Approval of the Design Guidelines would specifically facilitate the permitting and construction of two large big box retailers. Chairman Evans commented they are losing control of this project because of a technicality or loophole in the language. We are not getting a fully complete guidelines submitted. We are getting an appendix that we have already seen once. I understand that Mr. Forstman is no longer involved in the project. But, he did stand in front of this Commission and represented that the Commissioners would have design guideline standards submitted for review. Mr. Peter Jamar gave his comments. He stated that the owner is not trying to circumvent the process. A full set of design guidelines will be provided. There is a certain time clock and schedule that has been put into motion for the project. That has been developed in mutual discussion between Bill Post, who is a representative of the applicant, Mike Matzko, Norm Wood and Larry Brooks. Breaking ground will happen sometime next April or May. We have preliminary plats for K and L that will be submitted to you later this month and final plats later in the fall. Building permit applications will come in sometime in November. This submittal tonight is triggering this time clock and schedule. Mr. Jamar said, what is submitted here is the minimum requirement as worked out with the Town Staff, Planning Commission and Council in the PUD approval; however, we have begun discussion with Staff and would like your input. Arthur Erickson, the architect, is working on finalizing several sections of the design guidelines: the architectural theme, materials and colors, lighting, streetscape and adjacent site elements, screening mechanical equipment, signage and other miscellaneous things. It is our goal to provide something far more stringent than the Town would require. It is important to us to strictly control the architecture and design. Input is encouraged on every project. The purpose of this meeting is to get the time clock going. Minutes of P&Z Meeting August 15, 2000 Page 4 I Chairman Evans is concerned with the design guidelines for the big box stores. Mr. Jamar said design guidelines will be submitted in the next few months as part of the review of the first project. Chairman Evans asked who will be reviewing those designs for compliance with those design review guidelines which have yet to be submitted? Mr. Jamar said there is a two-tiered system set up in the PUD guide. The Village will have a Design Review Board, which will have a representative of the Planning Commission. Also, plans will be submitted to the Town Staff for comments. Chairman Evans asked about the highway interchange. Mr. Jamar stated the review and approval process is moving forward. There will not be a lot of development before the interchange is put in. Chairman Evans asked what is the access going to be for the Big Box store? Mr. Jamar said it would be East Beaver Creek Boulevard and Nottingham Ranch Road connecting with Hwy. 6. Commissioner Macik pointed out that the Commission technically won't have 60 days to review the architectural theme. Mr. Jamar said no, you won't have 60 days. This starts the time line right now. Chairman Evans asked how long will we have to review the final submitted guidelines? What we have now is incomplete. Mr. Jamar answered, you can review them as long as you like. Chairman Evans stated, given the impact on the Town, we would like to fully review and provide you with good comments but we only have minimums at this time. Don't force us into reviewing, commenting and perhaps deny what isn't even going to be close to the final document. Commissioner Fehlner stated, you say we are here to review and Staff says we are here to review and approve. You say we do not approve. Mr. Jamar said we are going to submit to you the final version of the design guidelines within the next couple of months. You will have an opportunity to review that. There is no mechanism where approval of it is required. You are going to see what is now in the process, you will be able to comment on it, we will listen to your comments. Chairman Evans said, but you are not required to. Mr. Jamar said that is right. Chairman Evans asked Mike Matzko what is the mechanism within the PUD approval for review of design guidelines? Could you please get that to me at a later time. Commissioner Fehlner was concerned there is no architectural theme. Mr. Jamar stated that Arthur Erickson is responsible for developing the theme. Mike Matzko commented that this group has a good track record and is able and willing to do a good job. Mr. Jamar has demonstrated many times they are willing to produce high quality guidelines. Staff is not concerned about the eventual outcome of the design guidelines. He suggested that this discussion be tabled until the next meeting. Minutes of P&Z Meeting August 15, 2000 Page 5 Mr. Jamar said we do not mean to go around you on this. We need to be working on this together. He suggested a work session. Chairman Evans said in the beginning, a year or two ago, this project was very controversial. We want to be a part of the process and facilitate the process. We have a responsibility to the Town and the general public that live in Avon. You said you have been working on this with Town administration. It would be helpful to us if we would be kept informed on what is taking place with you and the Town. He said we will see no further submission until after the 60 day time line. We will be making an approval or denial based upon what we have tonight, no more. Commissioner Macik asked if we will have any rights past what is stated as a minimum. Can't we require more than the minimum? Chairman Evans said no. Larry Brooks, Assistant Town Manager, appreciates the confusion and angst that exists about this issue. Until recently he did not realize there was an Exhibit E in the document which was the minimum design criteria and started the time clock. He said, many of the difficulties you are feeling I felt as well. The time clock is starting and I don't have anything complete. I asked Mike Matzko if this was true and he said yes. Chairman Evans said the developer should not have a problem to agreeing to an official review period by Planning and Zoning for the final design review guidelines. That is what we would like to have. We are missing that. We have no right of review on those. Once we approve the minimums, we have no other input on the design. We can comment all we want, but the developer does not have to listen to us. A motion was made by Commissioner Klein to table this item until the next meeting for a more complete overview. Commissioner Head seconded the motion. The motion to table carried 3-2 with Commissioner Fehlner and Macik opposing. B. Staff Approvals: Summary was given by Ruth Borne. There were no questions from the Commission. Lot 2, Avon Town Square 90 Benchmark Road Adding of exterior vestibule to first floor corner entrance (Wells Fargo Building) 2. Lot 41, Block 1, Wildridge Subdivision 2121 Longspur Road Stucco color change Minutes of P&Z Meeting August 15, 2000 Page 6 Adjourn Commissioner Fehlner moved to adjourn the meeting. Commissioner Macik seconded the motion. The motion was unanimously approved. The meeting adjourned at 7:20 PM. Respectfully submitted, Cecelia Fenton Recording Secretary APPROVED: September 5, 2000 Chris Evans Chairman Andrew Karow Secretary Minutes of P&Z Meeting August 15, 2000 Page 7