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PZC Minutes 10-21-2003 (2)Minutes of Planning and Zoning Commission October 21, 2003 Council Chambers Town of Avon Municipal Building 400 Benchmark Road I. Call to Order The meeting was called to order at 6:00 pm. It. Roll Call All Commissioners were present with the exception of Commissioner Chris Evans. III. Additions and Amendments to the Agenda There was one amendment to the agenda for Item VII, A Lot 45C, Block 2, 2520 Old Trail Road, Wildridge Subdivision, to be moved as the first item of discussion on the agenda. IV. Conflicts of Interest Commissioner Him disclosed a conflict with item VII, A, Lot 45C, Block 2, 2520 Old Trail Road, Wildridge Subdivision. V. Consent Agenda Commissioner Him motioned for the approval of the Meeting Minutes from the October 7, 2003, Planning & Zoning Commission Meeting. Commissioner Smith seconded the motion. The motion passed unanimously. PUBLIC HEARING OPENS VI. Special Review Use Application A. Fiasco Restaurant/Tavern Lot 13, Block 1, Benchmark at Beaver Creek Subdivision 411 Metcalf Road Resolution No. 03-17 Applicant/Owner: David Svabik Existing Beaver Creek Automotive is seeking approval for a restaurant and tavern in an industrial/commercial zone district. Matt Pielsticker presented the Staff Report, which recommended denial. David Svabik, applicant/owner, approached the podium to discuss his position. Walter Gus, Dawn DeLucia, Elaino Valez, Steve Nelson, Steve Smith, Bob Mach, Chris Lucier, and Paul Benacoff offered their words of support of this application. An email received by staff was opposed to this application, signed by four Town residents Jane and Howard Leavitt, Shelly Miller, and Allan Sandburg. Vice Chairman Karow took a moment to disclose the three criteria for review in order for the public to focus their comments on these areas. 1). Whether the proposed use otherwise complies with all requirements imposed by the Town Zoning Code; 2). Whether the proposed use is in conformance with the Town Comprehensive Plan; and, 3). Whether the proposed use is compatible with adjacent uses. Such compatibility may be expressed in appearance, architectural scale and features, site design and the control of any adverse impacts including noise, dust, odor, lighting, traffic, safety, etc. These three criteria are the considerations for this Special Review Use Application. PUBLIC HEARING CLOSES Tom Boni, Knight Planning Services, employed by Mr. Svabik to discuss the compliance and conformance of this project with the Master Plan made a presentation: He discussed the Town of Avon mission statement that discussed its sense of community, as this project would create an enhanced sense of community. Visual, quality of urban design to help the area develop, to maintain Avon's sense of Identity with having said establishment in closer proximity to residential areas would balance land use in this area. Landscaping plan exceeds and parking requirements are met by this project. The lack of residential uses in this commercial/industrial area removes local/residential impact. Tom continued to mention how Mr. Svabik continuously has worked to appease the parameters as set by the Town of Avon. George Rosenberg, Mr. Svabik's attorney, approached the podium. He began with mentioning the support presented by Mr. Svabik. Three focal points are the "Cheers" concept in a tourist town to accommodate locals primarily, better use of the property, increased revenues to the Town, assessed value would increase and it would bean amenity to the area. Mr. Svabik is prepared to commit to a bike path and walkway on his property as mentioned in theftster Plan. Commissioner review begins. Commissioner Neville in his review had difficulty with A3.3 that discussed traffic and D1.4 dealing with safety of site, E1.2 regarding the location of this use relative to existing transit routes, E1.4 to minimize in town vehicle traffic and E1.6 which deals with bicycle facilities, all traffic accessibility and access issues. No transit service or pedestrian pathways exist in this area as well as the parking is still not.adequate. All restaurants have transit or sidewalk access in the Town of Avon. Plus, Commissioner Neville is skeptical of the parking provided since it calculated to only 37% of the building being used as seating area. He was curious as to why so little seating is being provided if the use is going to be successful. .ti Commissioner Smith concurred with Commissioner Neville in the concerns regarding traffic, parking and safety issues. She believes that Metcalf Road is dangerous already and this would encourage more traffic. She does not believe that opening the area to retail and additional pedestrian use is compatible with the area, to the contrary of the presentation and what those in support think. Commissioner Him mentioned the lack of support from the immediate neighborhood and does not feel that alcohol at this site is the best use for the public as traffic is quite an issue here. He mentioned a restaurant on this site may be okay but that this type of business would cause increased conflicts with traffic and parking. He agreed with Commissioner Neville's concern of the parking numbers as well as the site's steep grades, driving access and existing street curves. Commissioner Didier voiced his support of this application, reiterated the support from the neighbors, and believed it is compatible to its location but agreed that the traffic was a serious issue. Commissioner Trueblood brought to light that the liquor license petition included names of business owners in the area that were not residents of Avon and mentioned that handing out a petition not reviewed by staff at the hearing was inappropriate. He stated that it is a great concept, but not at this location. He was concerned that one could not walk to this location. He believes it is just dangerous with the road design already in place. Commissioner Karow agreed with Commissioner Neville on the parking issues and Comprehensive Plan issues. The building use meets the consideration of the plan; mixed-use development is warranted in the area, no concerns with noise, dust or odors, or lighting. The roads are designed to handle the traffic and safety is not an issue in his opinion. Commissioner Karow was in support of this application. Commissioner Trueblood motioned for denial of this project, with the staffs listed recommendations in Resolution 03-17. Commissioner Smith seconded this motion. Mr. Rosenberg then approached the podium for recourse. Mr. Rosenberg mentioned the petitions would be avoided in the future. He mentioned that the traveling public would benefit from this use. He stated that traffic was based on the residents of Wildridge and not the industrial and commercial area. He mentioned that traffic issues such as speeding and drinking and driving are not under the control of the applicant, and precedent has been set for mixed uses by the Barrancas development in the immediate area. Mr. Rosenberg stated that the character of the light industrial and storage area will change slowly, and that this business will help bring in retail and commercial business. He said that restaurant type uses go well with all other types of retail uses. The character of the area will change as a result of this project, and that the Commission should consider this area will change and not remain the same as it is today. Tom Boni approached the podium to discuss safety and pedestrian issues. He mentioned that if someone is unable to drive, they should be the responsible party and that line of sight is not an issue for this access drive. David Svabik, applicant, approached the podium to "problem solve" this issue. He defined commercial uses from the Comprehensive Plan. He requested reconsideration of the motion. The motion carried 4-2 with Commissioner Didier and Commissioner Karow opposing denial of the resolution. r VII. Final Design ' A. Lot 45C, Block 2, Wildridge Subdivision 2520 Old Trail Road Revised Elevations Applicant: Bob Mach This single-family residence is modifying the exterior to comply with Planning and Zoning Commission recommendations and design review. Sketch Plan was approved at the October 7, 2003, Planning and Zoning Commission meeting with the condition that Final Design be improved. Bob Mach, applicant, complied with conditions as stated at Sketch Plan by adding banding to the stucco, revision to roof eave and another window on the North elevation. Commissioner Didier motioned for approval with Commissioner Trueblood seconding the motion. The approval included the 7 conditions from the Staff Report. The motion carried unanimously. VIII. Minor Project Approvals A. Lot 94, Block 2, Wildridge Subdivision 2390 Old Trail Road Re -roof with asphalt shingles ` Applicant: Keith Harrison B. Lot 47, Block 2, Wildridge Subdivision 2540 Old Trail Road Additional parking space Applicant/Owner: Vincent Guercio IX. Other Business A. Lot 61 Update - This is an overview on the planning process with the developer for a new transit center and revised development plan. Current development rights expire in February 2004. Michael Hazard and Stuart Borne, representing the developer, have been working with staff to reconfigure Lot 61 to make it a transit center and accommodate a development plan. Considerations were being made regarding the movement of pedestrians through the transit center via a pedestrian bridge to access theJconfluence site for future gondola access. This would allow this area to be more viable with the Confluence access. Staff showed a two level structure and how is would impact the site. Parking area would be underground and transit service above. An older model of Town Center was presented for visualization of the current project ideas. Developer is looking for additional height for its design concept. Staff is working to provide both the developer and the pedestrian with maximum of access via transportation in a viable design. Consideration for the railroad tracks in the plan for pedestrian access is still up for discussion. A gateway to the Mall is envisioned and the Town of Avon currently owns the property with restrictions on the site. Staff have also submitted for federal funding to assist with this development through the Federal Transit Authority. This money is available to the Town and contemplated in the approved Capital Improvement Program budget. 'Staff is still working through issues with the developer but noted that if the g ondola n ever w ere t o happen, a n e xpanded and a dequate t ransit c enter, new alignment to. benchmark road, and active retail mall area would be a great benefit to the Town and it's residents and guests. There will be an upcoming work session with Town Council to address the Lot 61 issue. Developer will bring to P&Z an amended PUD for this site after severs` more issues are worked through. The Commission generally supported the work and thanked the developer for working with staff on this project. X. Adjourn Commissioner Trueblood made the motion to adjourn. Commissioner Him seconded and the motion was unanimously approved. The meeting adjourned at 8:10 pm. Respectfully submitted, Ruth Weiss Recording Secretary APPROVED: Andrew Karow Vice Chairman Terry Smith Secretary FAPlanning & Zoning Co mmissionWinutes12003%102103.doc