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PZC Minutes 11-18-2003 (2)ir1 Minutes of Planning and Zoning Commission November 18, 2003 Council Chambers Town of Avon Municipal Building 400 Benchmark Road 1. Call to Order The meeting was called to order at 6:05 pm. II. Roll Call All Commissioners were present. III. Additions and Amendments to the Agenda There are no additions or amendments to the Agenda. IV. Conflicts of Interest Commissioner Neville disclosed a conflict with item VI, A, Confluence Overflow Parking, The Confluence PUD, Avon Road, Resolution No. 03-18, Applicant: Beaver Creek Resort Company and item VII, A, Lot 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision, 910 Nottingham Road, Resolution No. 03-20, Applicant: Vail Resorts/Mark Donaldson. Commissioner Him disclosed a conflict with item VII, A, Lot 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision, 910 Nottingham Road, Resolution No. 03-20, Applicant: Vail Resorts/Mark Donaldson. Commissioner Evans revealed a potential conflict with item VIII, A, Lot 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision, 910 Nottingham Road, Resolution No. 03-20, Applicant: Vail Resorts/Mark Donaldson, and by advisement of Town Attorney, John Dunn, no conflict exists as no work is being performed. Commissioner Evans later revealed a conflict with item VI, A, Confluence Overflow Parking, The Confluence PUD, Avon Road, Resolution No. 03-18, Applicant: Beaver Creek Resort Company. V. Consent Agenda Commissioner Karow motioned for the approval of the Meeting Minutes from the October 21, 2003, Planning & Zoning Commission Meeting. Commissioner Smith seconded the motion. The motion passed unanimously with Commissioner Evans abstaining. PUBLIC HEARING VI. Special Review Use Application A. Confluence Overflow Parking FAPIanning & Zoning CommissionWinutes\2003\1 11803.doc Page 1 of The Confluence PUD Avon Road Resolution No. 03-18 Applicant: Beaver Creek Resort Company Beaver Creek Resort Company is proposing to use the Confluence site for overflow parking for Beaver Creek Resort. The pen -nit would allow for up to 400 vehicles once all other overflow parking options are utilized. Matt Pielsticker presented the Staff Report. Jim Funk approached the podium to answer questions. Muddy conditions were addressed and will be addressed as needed; he feels that this lot is primarily for back up so as to prevent parking on the shoulders of Highway 6 when skier lots are full and that the State Patrol will be monitoring Highway 6. Mr. Funk does not anticipate putting in more lights and believed lights would be off around 8:00 pm. Commissioner Didier asked about the rodeo and its impact on traffic as well as . the longevity of this plan. Mr. Funk responded with the -traffic's ability to work well and the longevity is unknown. PUBLIC HEARING OPENS Kathleen Walsh approached the podium with concerns of the traffic against the Hurd Lane intersection. Dates of use were specifically addressed. PUBLIC HEARING CLOSED Commissioner Him motioned to approve Confluence Overflow Parking, The Confluence PUD, Avon Road, Resolution No. 03-18, with Commissioner Smith seconding. Motion carries unanimously with Commissioners Evans and Neville abstaining. B. Drive-thru Bank Lot 6, McGrady Acres Subdivision 86 Post Boulevard Resolution No. 03-19 Applicant: Edinburgh Corporation Edinburgh Corporation is proposing a drive-thru facility on Post Boulevard for a bank. A bank drive-thru facility is the subject of this permit application, not the actual bank (which is a use by right in this zone district). Access to the site is from Post Boulevard Matt Pielsticker presented the Staff Report. Staff recommended this issue be tabled for the next meeting. Applicant is in agreement with the tabling. PUBLIC HEARING OPENS RAPIanning & Zoning CommissionVAinutes\2003\I 11803.doe Page 2 or9 Carol Krueger approached the podium and is a resident of Eaglebend. She is opposed to commercial being on this site. She understands that it is a use by right and is pleased with the use of a bank for this site but is concerned with the impacts of noise and light on the adjacent neighborhood with the drive-thru bays. Kdsty Ferrara came to the podium and wanted to voice the minimizing of commercial use on the site. Kathleen Walsh added that the berm has not been added to the cul-de-sac site as promised and wished that landscaping be used to facilitate the issue of lights. Peter Buckley gave history on the site regarding residential/commercial on the site as a concession for the dead end on Eaglebend Drive. Carol Krueger did not want to dispute the comments by Mr. Buckley, however, she wanted to take issue as the end of the street is commercial and only benefited the developer. Kathleen Walsh did dispute Mr. Buckley's comment and commercial was going in and the cul-de-sac was compromised. PUBLIC HEARING CLOSED Commissioner Smith made motion to table Drive-thru Bank, Lot 6, McGrady Acres Subdivision, 86 Post Boulevard, Resolution No. 03-19, until such time as the application is complete. Commissioner Didier seconded the motion and the motion passed with all commissioners in favor for tabling this issue until the Application is complete. VII. Variance Application A. Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision 910 Nottingham Road Resolution No. 03-20 Applicant: Vail Resorts/Mark Donaldson This is a -variance request from the Town's off-street parking and off-street loading regulations. Section 17.24.020.1 of Town Code states "off street parking spaces, including the adjacent area used for turning movements necessary to enter or leave the parking spaces... may be located in any yard except the front ten feet of the required front yards." Section 17.24.030.3 of Town Code states "...loading berths shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement." A newly configured loading dock is proposed in a separate design application, with access and turning movements that would encroach the front yard and partly into the existing traffic lane of Nottingham Road. Tambi Katieb presented the Staff Report to the Commission reviewing all staff comments in detail. Staff Recommendations were: "I move to approve Resolution 03-20, denying the Variance for Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision (Mountain Center) from the requirements of Section 17.24.020.1 and Section 17.24.030.3 of the Town Zoning Code (as more specifically described in the application dated November 5, 2003) based on staff recommendations and according to Section 17.36.050 of the Avon Municipal FAPlanning & Zoning Commission\Minutes\2003\1 I I803.doc Pagc 3 of 9 Code. that the Planning & Zoning Commission cannot make the following written findings before granting a variance: A. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district; B. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties of improvements in the vicinity; C. That the variance is warranted for one or more of the following reasons: 1. The strict, literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title; 2. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone; 3. The strict or literal interpretation and enforcement of the specified regulation deprive the applicant of privileges enjoyed by the owners of other properties in the same district." Commissioner Trueblood questioned Norm Wood, Town Engineer, regarding traffic analysis and the impact of additional trucks in the location. Mr. Wood believed the capacity on Nottingham Road is approaching maximum capacity - without the impact of additional truck traffic in the area. Commissioner Karow' asked Mr. Wood regarding the size of the trucks in these studies as well as the frequency of traffic analysis done of the area. Mr. Wood responded that the traffic analysis is done on a biannual basis and does not take into account the inclusion of anticipated large trucks. Commissioner Didier asked Mr. Wood to define level C and level D as discussed in the analysis whereby how long it takes at a traffic intersection to complete the intersection. Commissioner Karow asked about the size of truck that would impact this loading area and Mr. Wood responded that most trucks that provide major deliveries, run 1-70 and make deliveries to City Market, Wal-Mart and Home Depot are the WB - 67. Mr. Wood responded that this location should accommodate this size of vehicle although there are no ordinances mandating the vehicle size at this time. Commissioner Karow asked if accommodating a WB -67 is a specification and Mr. Wood responded that there are no specifications or standards but it is a recommendation of the Engineering Department. Chairman Evans gave clarification of this Variance request. Tambi Katieb elaborated that it is for two different sections of the code; 1) it is for the truck movement in the Town's Right of Way and in the front ten feet, or front yard, of the property, and, 2) it is also for the design that would least interfere with traffic. Mark Donaldson approached the podium to discuss the issue for his client, Vail Resorts. He discussed how the design was based on an analysis of use. The FAI'lanning & Zoning CommissionNinutcs\2003\I 11803.doc Pagc 4 of 9 P. three models of truck turning maneuvers presentediwere designed for WB -55, 62 and 67 trucks. He mentioned the truck sizes are not that which would be using the facility and noted that it would be the smaller truck that would serve this site. The Variance issues he addressed was the off street loading and to provide a more appropriate means of access which least interfered with traffic and met Engineering Department standards. One truck.per hour on a 24-hour schedule was foreseen with trucks being 54' or under. Approval for the concept of riding westbound on Nottingham Road, tum completely off the driving surface, in a single simple maneuver and head into this driving safe zone were the request. Commissioner Smith questioned the number of trucks coming in bound as well as the number going outbound removing the delivered product. Rick Sackbauer, Vail Resorts Development Company, anticipated 4 smaller sized trucks would be moving product away from the site. He stated that the product was for food service operations on the mountain. Facility is to provide support for Beaver Creek Mountain operations. Mark Donaldson stated that 2 loading docks were desired and three are being requested to maximize service. Trucks would be out of the road for maneuvering. OPEN PUBLIC HEARING Dr. Doug Bryant, Avon Pet Center and Wildridge Resident, approached the podium. He has witnessed improper truck maneuvering with the human element of driving and safety would be a problem at this site. Peter Buckley approached the podium in his capacity as a citizen. As his background as an engineer, he. believes that at the end of a dead end road to have a loading area would be a huge issue. He thinks this should be relocated to a more viable site. Rick Sackbauer returned to the podium to address Mr. Buckley's comment of why, this is to be located in this location. He directed Mr. Buckley to question the food service division of Beaver Creek Resort for further location and delivery information. PUBLIC HEARING CLOSED Commissioner Didier questioned Glenn Palmer, Alpine Engineering, on the design of the site and it's reasoning. He discussed the limitations of the site and that it is designed with WB 67 in mind so that smaller carriers would have greater maneuverability. It is also designed to minimize the use of the cul-de-sac by the trucks for turning around and this would minimize the impact on Nottingham Road. Having the loading docks in the middle optimizes the use of the warehouses for breakdown of product for redistribution. Simulation of WB 67 trucks forward and backup turning capabilities was used in the design. Commissioner Trueblood believed that the proposed loading area on a current cul-de-sac makes sense and he didn't have the same concerns as those of staff. Commissioner Didier felt it is compatible with its location, landscaping does need FAPIanning & Zoning CommissionWinutes\2003\1 I I803.doc Page 5 of to be addressed and his difficulty with granting a variance was he felt a better way may be available. Commissioner Karow stated that backing into the road would be unregulated, provided for greater safety on the road but was not convinced that the WB 67's would not be backing into the road and affecting public safety. Commissioner Karow does not believe that adjacent owners are afforded the same privileges however he believes it is good for the building but does not fully address public safety. Commissioner Smith voiced concern with traffic safety on the public road and that truck traffic will increase beyond the stated requirements for this Variance and a better solution may be available. Chairman Evans does not believe that the criteria were totally met by this design for a Variance. He would prefer to approve a design along these lines by moving the site more to north with a better solution for safety and lack of encroachment into the roadway. Chairman Evans mentioned the parking ratios and felt the truck unloading may be best resolved by forward motion with backing into a covered loading area and completing the circle by re-entrance into Nottingham. Mark Donaldson re -approached the podium to address the concerns voiced by the commissioners. He could elevate, strip and landscape to accommodate the site. He is concerned that an $11 million dollar building is not used appropriately. Glenn Palmer interjected that the cul-de-sac creates a clockwise turning area - With some modifications to the submitted proposal, there may be a better solution to examine. Staff will avail themselves to'the applicant to review alternatives if the applicant so chooses. Variance requirements need to be met and a safety solution is necessary as the impact of traffic increases. Staff suggested that the applicant review alternatives such as separation of the lane, moving the wall back further, and clarification on parking for support of the variance. These issues were the same reviewed by staff and how effective this alternative is and how can it be modified. It may best benefit the applicant as opposed to seeking denial of the Variance as presented. Mark Donaldson requested the tabling this variance with conditions as follows: Staff would avail themselves to the applicant's engineers immediately this week or early next week so as to be ready to the next meeting and work with the time constraints already imposed on the applicant. Commissioner Trueblood motioned to table this Variance Application, Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision, 910 Nottingham Road, Resolution No. 03-20, with Commissioner Didier seconding the motion. Staff brought to light that a complete application should be required. Commissioner Trueblood withdrew the motion. Commissioner Didier moved to table this Variance until such time as the applicant and the staff provides a revised complete application. Commissioner Karow seconded the motion and the motion carries unanimously. F:1Planning & Zoning Commission\Minutes120031111803.doc Pap 6 of 9 1 VIII. Sketch Design Plan, -x A. Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision 910 Nottingham Road Mountain Center.,, Applicant: Vail Resorts/Mark Donaldson The applicant is proposing this sketch design plan for the existing Mountain Center building, on Nottingham Road just west of the Metcalf Road intersection. The Sketch Design plan is to approve a newly configured loading dock and revised floor plan and elevation. This application is being reviewed in conjunction with the Variance application. Commissioner Smith motions to table Sketch Design Plan, Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision, 910 Nottingham Road, Mountain Center, until such time as it is fully resubmitted. Commissioner Didier seconded the motion and it passes unanimously. IX. Master Sign Program A. Lot A, Avon Center at Beaver Creek Subdivision 100 Beaver Creek Boulevard Applicant: VAG Architects VAG Architects is proposing a Master Sign Program (MSP) for the Avon Center building. This application proposes all new signs fog the property, making the existing signage obsolete. Matt Pielsticker presented the Staff Report. Stephanie Lord -Johnson from VAG approached the podium to address staffs concerns. There are five client identification signs and these would be the maximum to be used. Consistency is a factor to follow through with color, type and shape. Some signs would be in cursive. Submission for approval to staff will be'necessary as well as clarification on each sign to include illumination standards and -bulb types. Commissioner Him moved to approve with the 5 conditions listed in the Staff Report along with modifications/clarifications on each sign for staff approval. Commissioner Smith seconded the motion. All commissioners were in favor. X. Sign Design Approvals A. Lot 1, Block 2, Benchmark at Beaver Creek Subdivision 30 Benchmark Road (Unit #102) "Central Rockies Mortgage" Applicant: Paul W. Jardis Sign application for 2 un -lit building mounted signs at the Avon Town Square building. Both signs comply with the current Master Sign Program (MSP) for the building. B. Lot 21, Block 2, Benchmark at Beaver Creek Subdivision 182 Avon Road (Unit #200 & 210) FAPIanning & Zoning CommissionWinutcs\2003\I 11803.doc Page 7 of 9 "Prestige Cleaners" Applicant: Patricia Prewitt Staff approval for a sign application for a new tenant, Prestige Cleaners, in the former Earth Wireless suite. Two signs were approved and both comply with the MSP for the Christy Sports Building. C. Lot 63, Block 2, Benchmark at Beaver Creek Subdivision 137 Benchmark Road "Mountain Burger" Applicant: Brian Nolan Sign application for a north facing "Mountain Burger" sign on the Seasons building. This building has a MSP, and the sign is in conformance. XI. Minor Project Approvals A. Lot 41 B, Block 3, Wildridge Subdivision 4350 Flat Point Deck addition, additional space, & new entryway Applicant: RYS Olsen Staff has approved this Minor Project on Flat Point for a deck addition, and a small building addition. A new front entryway was also included. Materials and colors match the existing home. B. Lot 12, Filing 2, Eaglebend Subdivision 4995 Eaglebend Drive New window Applicant/Owner: Kristina Bruce Minor Project for a new window on an Eaglebend Drive single-family home. Window and trim matches existing home. C. Lot 8, Wildridge Acres Subdivision 2823 Ked Spur Shed addition Applicant/Owner: Mark A. Nelson Minor Project approval for a shed addition on Ked Spur. The attached accessory structure will match the building materials and colors of the home. XII. Other Business A. Lots 1&2, Nottingham Station PUD 0025 Hurd Lane Minor Project — Doors and handrail repaint Applicant: O'Halloran Construction This Minor Project application proposes to repaint all sets of doors and both handrails on the Nottingham Station building with the "California Rustic" color. The Commission is being requested to make a motion on this application. The color sample was available for review at the site tour and work session. RAPIanning & Zoning Commission\Minutcs\200311 11803.doc Pagc 8 of No motion was made. Commissioners requested that the applicant be approached with refinishing the oak doors as opposed to painting them. Tambi Katieb gave an update on the Comprehensive Plan. Good response from public input. Moving forward. Pre -application meeting is on December 1st RFP's are due on the 19'' of December. Mid January is focused for decision. X. Adjourn Commissioner Trueblood made the motion to adjourn. Commissioner Smith seconded and the motion was unanimously approved. The meeting adjourned at 8:35 pm. Respectfully submitted, Ruth Weiss Recording Secretary APPROVED: Chris Evans Chairman Terry Smith Secretary FARanning & Zoning CommissionWinutes12003\111803.doc FAPIanning & Zoning CommissionWinutes\2003\I I I803.doc Page 9 or