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PZC Minutes 082002Minutes of Planning & Zoning Commission August 20, 2002 6:00 PM Council Chambers Town of Avon Municipal Building 400 Benchmark Road AGENDA I. Call to Order The meeting was called to order at 6:10 PM. II. Roll Call All commissioners were present with the exception of Commissioner Macik. III. Additions and Amendments to the Agenda There were no amendments to the agenda. IV. Conflicts of Interest Chairman Evans noted a conflict with hearing A, Lot B, Avon Center at Beaver Creek, PUD Final Development Plan. V. Consent Agenda The Meeting Minutes from the August 6, 2002 Planning & Zoning Commission were approved unanimously. Commissioner Wolfe motioned for approval of the consent agenda, Commissioner Him seconded. The motion passed unanimously. VI. Zoning — PUD Amendments (PUBLIC HEARING) A. Lot B, Avon Center at Beaver Creek Subdivision PUD Final Development Plan 120 West Beaver Creek Blvd. Applicant: Suites at Avon, LLC Commissioner Karow opened the file. Planner Tambi Katieb gave a brief presentation of the file. Tambi Katieb noted the final development plan has expired. The project now is to reestablish the proposed plan. Parking is proposed as a combination of garage and surface parking. The change in the development plan includes 22 additional accommodation units with a reduction in the proposed commercial space, however the over all commercial space remains consistent at 55,000 square feet. The parking plan has been reduced to 267 spaces yet the formula for parking remains largely the same. Staff recommends approval of the plan. The applicant, Stuart Borne, VP of Shapiro Development, gave a presentation starting off with the introduction of the architect, developer and owners rep. He noted much of the project remains the same with the primary difference in density shifting. The other changes were primarily at the request of staff to make the approved design comply with existing Town of Avon regulations. The first floor commercial space will remain the same. Commissioner Karow opened the hearing for public input. There was no public input at this time. Commissioner Wolfe wanted to clarify that the first floor of Building A is commercial. He noted there is approval for the office building further south of the adjacent property and he noted a concern that the building will be too constrictive visually on an urban scale. Even though there is grass adjacent to the property, Commissioner Wolfe feels that the corridor between Lot B and Lot C will be too constrictive. He would like to see some relief through the corridor. Currently, it is a very dense lot coverage. Patrick Nook, the Architect for the project, approached the podium to respond to Commissioner Wolfe's comments. He noted originally this project was designed with a wall along the drive, however now the wall has been removed and the towers have been stepped back. Ruth Borne, Director of Community Development noted the final phase for Lot C, the hotel, has not gone through Final Design. Commissioner Smith asked where the original location was. Patrick Nook responded by saying the current location of the building and set back has stepped back from the original plan. Commissioner Wolfe summarized the main concern for the project is density and setbacks. He noted that whatever is approved here will have an impact on Final Design approval for Lot C. Commissioner Wolfe noted the pitch of the roof is appears reasonable, however, when looked at in elevation, he feels the eave to the ridgeline appear out of scale compared to the rest of the buildings on the site and around town. He requested possibly dormering the windows or something to bring the ridgeline down. Commissioner Wolfe believes if the building looks good on the elevation plans, it will look good in reality. This is not consistent with the other buildings in the neighborhood. Commissioner Karrow commented that on sheet 1017 that there is some decorative walks and landscaping. Landscaping is required at 20%. Sidewalks were included in the landscaping plan. Tambi Katieb noted the landscaping plan must be revised because sidewalks cannot be included as part of the 20% landscaping. Stuart Borne said they would comply with the conditions for 20% landscaping. Mr. Katieb noted the height had not changed since the previous application. Commissioner Karrow noted he would like to see a model when they get to Sketch Plan. Stuart Borne pointed to a model at the back of the council chambers, which showed proportions to the neighboring properties. Commissioner Wolfe again had concerns with the parking making sure there would be plenty of accessibility for short term parking on the site. Mr. Borne noted time limitations for parking are not enforceable under the current code. Commissioner Wolfe noted parking is difficult and compact spaces are even more difficult especially due to the fact that there are not many compact vehicles in the Town of Avon. Mr. Borne noted staff requested all surface parking for compact spaces be eliminated. Seeing as there was no public input, Commissioner Karow closed the public hearing. Commissioner Karow made a motion for approval of the file, with the following conditions: 1. Remove all surface compact spaces from the site plan. Only standard size (9'0"x18'0") parking spaces are permitted for surface parking. Total compact spaces cannot exceed 30% of the total parking spaces in the garage. 2. Delete the proposed emergency access, and reconfigure the surface parking area to accommodate a full one-way turning movement of the Ladder Truck (w/ 252" W.B.). This revision must be submitted by a Professional Engineer to verify the turning analysis. 3. The finished floor elevation of Buildings A and B must match the finished floor elevations of the Seasons building and be verified by a Colorado licensed surveyor. 4. All parking aisles will be a minimum of 24'0" in width. Minimum clear ceiling height on the parking structure entrance will be 7'6". 5. Landscaping will be provided at a 20% minimum that meets the Town standards for landscaping area. 6. Both perimeter and internal sidewalks must have a minimum width of 8'0". 7. Garage spot elevations do not match the proposed grades, and require revision on the site plan. 8. A construction -staging plan is required to address each phase of the project, including temporary landscaping. 9. A note shall be added along with a dimensioned 'envelope' to the site plan that indicates the future knockout area between Lot B and Lot C parking garages. 10. Architectural and design plans will be separately submitted and reviewed, and must comply with the existing Town of Avon Residential. Commercial, and Industrial Guidelines. 11. The PUD plan 'Parking Requirements' table shall be amended to include the minimum parking provision of 214 parking spaces for Lot A. 12. In the event that the parking standards set forth herein are not satisfied at any phase of the project (including the minimum provision for Lot A), then accommodation units will be reduced to satisfy the parking requirement. 13. All underground parking must be completed in Phase 1 as proposed. 14. A revised development plan addressing all of the above conditions must be provided one week prior to first reading of PUD Ordinance by Town Council. 15. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. Commissioner Smith seconded the motion and the approval carried unanimously. B. Lots 22, 22A, Tracts A, B1, B2, Block 2, Benchmark at Beaver Creek Subdivision / Chapel Square PUD 220 West Beaver Creek Place Applicant: LB Chapel Square LLC Chairman Evans opened the file. Tambi Katieb gave a brief presentation of the file. Ruth Borne noted the Commission could make two separate motions if they desire. The new owner is seeking several amendments to the existing PUD. The deadline for the completion of the fagade was originally set for October 29, 2001. They are proposing additional parking spaces in the chapel area. Staff supports the fagade improvement language as well as the proposed reconfiguration of the chapel parcel, but would like to see further clarification regarding the loading dock. Staff recommends approval of the PUD and would like to have further review of the fagade improvement for the Wal-Mart building as well as the new paint scheme for Chapel Square. Dominic Mauriello, of BAI Associates, also gave a presentation noting the owner acquired this property with many issues including the fagade, the paint, and the problems with the hardi board. Dominic noted they are working hard to get new tenants as well as to bring the building up to a high standards. Their concern is the timeline for the facade improvements. They noted these did not occur because Wal-Mart is leaving. They are fully committed to the fagade and would like to have the timeframe extended beyond the January 1, 2003 deadline. They ultimately would like to wait until Wal-Mart is gone, but they would be willing to do the improvements next summer before Wal-Mart leave if so required. Commissioner Evans opened the PUD file to the public. The public hearing was closed after no comments were received. Commissioner Wolfe commented that there were many elements involved and listed them in order of priority. Commissioner Wolfe is against the PUD amendment on the basis of the Wal-Mart building not being consistent with the blending in of the rest of Chapel Square and the does not like the loading dock. He also feels the colors that are submitted do not blend in well with the rest of the town. Commissioner Wolfe does not approve of the staff recommendation of the forgiveness of the fine. Chairman Evans clarified that the fine should be retroactive to October 2001 if the improvements are not done. Commissioner Karow agrees with staff recommendations, except for the clerical change noting January 1, 2003, as the deadline. He also asked if the developer would be willing to change the name of the project due to the fact they were not going to build the chapel. Mr. Mauriello addressed the Commission regarding the name change noting he had not talked to his client about the name change. Commissioner Smith note she feels the colors are too cold and she does not approve of the ones on Wal-Mart. Commissioner McClinton would like to see the fine assessed retroactive through October 2001. He too does not approve of the color scheme. Chairman Evans noted that his recollection of the approved Chapel Square was that there was no mechanism to force them to build a chapel, and he approves the loading dock and parking spaces. He has a big problem with the lack of effort to get the Wal-Mart fagade done, including the attachment of Building A to Wal-Mart. The developer prior to their involvement wanted Wal-Mart attached to Building A. He showed an arcade attaching these two buildings. Chairman Evans does not feel that we should move forward with a lesser fagade. He would rather see at this point the color scheme changed and the facade at Wal- Mart equaling what was initially done. He feels painting should be complete by January 1, 2003 with fines being retroactive to October 2001 for the fagade and he would like to see a fagade that makes sense. Paint colors, he noted looked gray and they do not match the tan that the renderings say they are. Mr. Mauriello addressed the Commission agreeing they would like to correctly paint the building according to the photographs. With respect the rear improvements to the building. He noted it was built per what was approved. They are not in favor of redoing the rear fagade. They are only proposing paint and stucco. In regards to the facade improvements, time has elapsed and they are going to have an empty building that the owner will have no control of a lease. He noted that the building C does not have an arcade and neither does the building in the middle. They have concerns with what the future of the building, noting that it may be demolished, or it could be split into 3 stores. Chairman Evans voiced again his concern regarding the fagade upgrades. Commissioner Karow suggested having the developer escrow the money to the Town of Avon. Chairman Evans noted this might not be such a good idea. Mr. Mauriello noted Traer creek has total control of who will come in that Wal-Mart space. Commission Wolfe asked staff if the agreement with the Village at Avon provided compensation the Town of Avon for any loss of sales tax caused by Wal-Mart moving out. Ms. Borne responded by saying the loss of sales tax would be covered for the first year only. Mr. Mauriello noted this in an anchor location and this could cause other tenants to leave if they do not lease it to a large tenant. Commissioner Wolfe would like to table this motion to allow more discussion with staff and the applicant to get a better mix of things. He would like to see the previously approved fagade, the loading dock, and some considerations for the west end of Wal-Mart as well as the imposing of the fine. He motions to table it until the next P&Z meeting. Commissioner McClinton seconded it. Commissioner Karrow noted this still has 2 readings at the Town Council level. He feels we are just prolonging the process. Commissioner Karow will not vote to table it. Ms. Borne noted you could make whatever recommendation to council to have the conditions you would like. Chairman Evans reminded the commission that there are two different applications. There is the PUD amendment, which can be sent to council, and the fagade improvements, which can be tabled. Chairman Evans feels P&Z should send to council a clear recommendation of what they want. Commissioner Wolfe noted the requirement of the proposed fagade by January of 2003 is not attainable by the applicant, and the new fagade will be even less likely. Chairman Evans noted this facade would not happen. The financial reality of this is we will not get the fagade. He noted if we insist on the fagade, it would not happen because the project will have $150,000 in fines and $450,000 in fagade improvements. Chairman Evans would like to see some form of an arch reveal and carry it down the west side, with foam and stucco, but not a relaxation of the fines. It is council's option to follow through with the fine. According to the code they should be fined, and the fagade needs to show an arcade. Commissioner Wolfe's motioned died. Dominic noted there is no ongoing fining to the applicant, and feels that there have been extensions and waivers. Ms. Borne noted that he is correct that fines have been waived through July 15, 2002 in order to seek some form of resolution. Commissioner Smith would like to table this for further discussion. Commissioner Karow made a motion to table the Final Design of this project until the next meeting for the purpose of the Final Design of the arches and colors. The motion for Final Design approval being tabled until the next meeting was seconded by Commissioner Smith and unanimously passed. Chairman Evans' recommendation to Council is that a date be set for the fagade and he is comfortable with the January 1, 2003. Commissioner Him made a motion to approve the PUD Amendment with the following conditions: 1. Fagade improvements to the Wal-Mart Building (Tract B-1) must be completed no later than January 1, 2003, and 'Note 16' accordingly revised on the PUD Mylar's. No extensions will be granted. Fines for non-compliance to the original fagade deadline (October 29, 2001) as required in the original PUD approval will be assessed and retroactive to that date per Town Code Section 17.40.010 (B). 2. The final location, dimension, and details of the proposed loading dock to service Building C will be reviewed and approved through the design review process. This will require hard-line drawings to scale, and a recalculation of the available landscaping area for the entire project. 3. The PUD Mylar's will be revised to delete the proposed 'Chapel' from Lot 22A, as well as revise the 'Uses by Right' chart to indicate whether or not 'Churches' is a use by right. 4. The applicant considers revising the project name to remove 'Chapel' from the title. 5. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. Commissioner Karow seconded this motion. Chairman Evans noted they couldn't do this. Chairman Evans would like to seethe Town Council levy fines back to October 2001. The Commission approved the motion 5-1, Commissioner McClinton voting against. VII. Conditions of Final Design Approval A. Chapel Square PUD Modifications to Final Design Proposed colors and Wal -mart fagade Applicant: Timberline Management This was included in the discussion of the PUD above. B. Lot C, Phase 1B Office Building Architectural details Applicant: Oz Architecture Chairman Evans opened the file. Ruth Borne, Director of Community Development, gave a brief presentation of the file recommending approval with the exception of drawing SKA 099 not be approved because of lack of detail. That is staffs only comment. Commissioner Karrow made a motion to approve. Commissioner Smith seconded and the motion carried unanimously. VIII. Other Business Vail Valley Trading and Loan has been put on notice and will be fined accordingly if they do not apply. Chairman Evans presented an ad with an illegal lock -off. Chairman Evans would like to get a reading from council on this issue. IX. Adjourn Commissioner Karow Motioned to adjourn. The motion was seconded by Commissioner Wolfe and passed unanimously. The meeting was adjourned at 7:45pm. Respectfully Submitted, Wally Sheata, Planning Technician APPROVED: Chris Evans Chairman Mike McClinton Secretary