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PZC Minutes 07-05-2005 (2)rvo . /� Town of Avon Planning & Zoning Commission Meeting NMinutes CO L UI A U0 July 5, 2005 5:00 pm — 5:30 pm Commission Work Session I. Call to Order The meeting was called to order at 5:40 pm. II. Roll Call All Commissioners were in attendance with the exception of Commissioner Green. III. Additions and Amendments to the Agenda There were no additions or amendments to the Agenda. IV. Conflicts of Interest Commissioner D'Agostino voiced conflict with Item IX, Special Review Use Permit — Wildridge TLC — Home Daycare, Property Location: Lot 45C, Block 2, Wildridge Subdivision/2520C Old Trail Road, Applicant. Jennifer Mach and Commissioner Buckner revealed a conflict with Item VII. Final Design - Tabled at the June 21't Commission Meeting, Property Location: Lot 12, Block 2, Benchmark at Beaver Creek Subdivision/540 Beaver Creek Blvd, Applicant/Owner. Davis Partnership Architects/Daniel Ritsch. V. Consent Agenda: • Approval of the June 21st, 2005. Planning & Zoning Commission Meeting Minutes. Commissioner Smith motioned for approval of the Consent Agenda and Commissioner Savage seconded the motion. Motion passed 4 to 0 with Commissioner Evans abstaining due to his absence at the last meeting. VI. Comprehensive Plan Update — PUBLIC HEARING Description: Review the planning principles and recommendations within the Medium Priority Districts (Subareas) and work through Draft Plan Observation Summary as it pertains to the Medium Priority Districts. Rebecca Leonard approached the podium to begin discussion on the Medium Priority Districts. Conversation began with moving the Town's Municipal Center and creating the area as an amenity. Commissioner Evans mentioned that the area would be a western anchor to the Town of Avon. Commissioner Struve mentioned the need to focus parking on the Nottingham area and screening of the Beaver Creek parking lots. District 6: The "Gates" and Folsom property were discussed and their direction of development. Ms. Leonard remarked that further information on this site was necessary to format a use for the area. District 7: Commissioner Struve commented that a portion of this site was designated as a school site. District 8: Commissioner Smith questioned the multi use of District 8 and it was agreed that District should begin by Post Blvd. Commissioner D'Agostino mentioned that the Comp Plan should reflect a buffer area for any school site from commercial use. Commissioner Struve mentioned that East Beaver Creek Boulevard should be developed as a boulevard with plantings and presence. It was agreed consideration for this issue should be within the Comp Plan. District 9: Conversation revolved around the need for commercial projects on the exit of Post Blvd and the desire to keep said commercial to be screened from the highway and not to exclude the high end residential already proposed in the area. The pedestrian bridge across I- 70 was to be removed due to its steep grades. District 10 discussion mentioned the need to bullet point the access by bridge to the site. District 11 is located at the Metcalf Commercial District and comments included future developments and redevelopment to focus on the issues of access to sites, require proper on-site parking and circulation and to add a provision for a bike lane or path on Metcalf Road that would tie into the current bike path system. The next steps begin with the Design Charette for the Main Street Public Improvement. Lot C is scheduled for July 19"' and the Confluence will be presented shortly thereafter. There was no public input. OPEN PUBLIC HEARING CLOSED PUBLIC HEARING VII. Final Design -Tabled at the June 21n Commission Meeting Property Location: Lot 12, Block 2, Benchmark at Beaver Creek Subdivision/540 Beaver Creek Blvd. ApplicantlOwner. Davis Partnership Architects/Daniel Ritsch Description: The applicant, Davis Partnership Architects, is proposing a 13 unit residential project on this lot. The proposed materials include a combination of stone veneer and wood siding with a maximum building height of 60' and maximum lot coverage of approximately 48%. The subject property measures approximately .69 acres and is currently undeveloped. Eric Heidemann presented the Staff Report to the commission. Daniel Ritsch approached the podium to present his project. Scott Nevin, architect, presented photos of the area to show the current development around Nottingham Lake, described each building and their heights and distance to setbacks, and their relationship to this project. Cody Engle, Buck Creek Condo owner, approached the podium to discuss the Buck Creek Condominium Association's stance on the project. Mr. Engle continued that it is the scale and height of the project that the Association rejects and that the view from Beaver Creek Boulevard reflects the height of the project to be twice as tall as the Buck Creek and the Alpenflora sites. Mr. Engle continued that the drainage in the area is a huge concern and the designated snow storage site proposed drainage is not acceptable. Mr. Engle suggested the project shrink about 25% and it would then be acceptable. Commissioner review began with Commissioner Savage commenting about right of use for the site and the massive design of the proposed project. Commissioner Evans voiced that the project has maxed out every limitation of the code regarding height, width, and parking; all decks are clipped in order to keep this form within the property lines. As well, Commissioner Evans voiced that this project sets a precedent for other developers in Avon and it is out of scale with the surrounding structures. Ferra Dendra, Alpenflora resident, commented that the project was crammed onto the site, believed that they needed additional green space on the site and was concerned about the project's impact on her green space area. Commissioner Smith agreed with the massive structure on the site and downscaling would assist the project. Commissioner D'Agostino agreed with Commissioner Evans comments, all minimum guidelines are met, appreciated the development done with the design, but disclosed an inconsistency with the goals of the guidelines. She continued that the intent was for the consistency of all the structures in an area and encouraged the applicant to reduce the number of units. Commissioner Savage motioned to deny Item VII, Final Design, Property Location: Lot 12, Block 2, Benchmark at Beaver Creek Subdivision/540 Beaver Creek Blvd, following staff's recommendation. Commissioner D'Agostino seconded the motion. Commissioner Evans requested clarification to the design criteria so the applicant would fully understand the denial in the event that an appeal is made to Town Council. Commissioner Savage commented that the project does not conform to the adjacent property's size and mass, particularly mass. Commissioner Savage suggested that the new proposal not stretch the limits of the legal use of the property. Commissioner D'Agostino added that perhaps more green space, the project demonstrates only hard-scape, use of open space to break down the scale and move the use to open space. She continued that the secondary building on the site was there to meet the 13 residences permitted on the site. Commissioner Evans paraphrased the criteria: 1- disproportionate massing in relationship to its neighbors, 2- dominance that the project exhibits in respect to its neighbors which conflicts with the Design Guidelines, and 3- the apparent lack of green space or open space surrounding the project or for use by occupants of the project. Commissioner D'Agostino continued that open space might meet drainage issues as well. All commissioners were in favor of the motion for denial and the motion passed 5 to 0. VIII. PUD Amendment I Preliminary Subdivision Plan Review I Subdivision Variance - Dry Creek - Tabled at the June 215t Commission meeting - PUBLIC HEARING Property Location: Lot 44, Block 2, Wildridge Subdivision/2510 Old Trail Road Applicant/Owner. Blue Bird Meadows, LLC Description: A request for an amendment to the Wildridge PUD to allow for three (detached) single-family residences in place of a four dwelling unit (one four-plex) structure. This amendment would permanently reduce the density for the property. Vehicular access would be through an access easement on the neighboring property on Lot 45, Block 2, Wildridge Subdivision. Also being reviewed is a Preliminary Subdivision application and a Subdivision Variance application to allow for the creation of lots within the proposed Dry Creek PUD that do not meet the minimum street frontage requirement of twenty-five feet. Eric Heidemann presented the Staff Report. George Ruther, representative, approached the podium to respond to the Staff Report. Mr. Ruther began that the home size has been reduced from 5,000 square feet to 4,500 square feet for one lot and two lots at 4,000 square feet. He continued that the originally designated site for a four-plex would have had greater square footage, 4 parking spaces per residence with the hope of providing a three -car garage, and a re -design of the access to accommodate emergency vehicles. Commissioner Evans questioned Mr. Ruther on the down zoning of the lot from 4 residences to 3 residences. Mr. Ruther responded that a public benefit was created by the 25% reduction in residences plus the ability to provide half -acre lots. OPEN PUBLIC HEARING Trent Hubbard, Wildridge resident and developer, approached the podium to comment on changes made since the last meeting. Intent for diversity for other locals and square footage reduction to the three residences was addressed. Eric Heidemann quoted the average square footage home per NWCCOG in order to keep locals within the market prices. Commissioner Savage commented that local housing's intent was to be affordable and not million dollar homes as these properties fetch. Mr. Heidemann mentioned that consideration for the housing policies was requested of this project. Commissioner Evans questioned the ability for these units to be owned as a deed -restricted unit. The response was that a four-plex would need to be built. Commissioner Evans continued that the housing policy was at issue. Mr. Ruther stated that compliance was for the Comp Plan; he had identified 24 policies that were applicable to this project. Andrew Karow, Avon resident, approached the podium, to discuss the housing policy. He continued that one development right for one housing unit really doesn't matter, but a four-plex would probably attract second homeowners as single-family homes would probably attract locals. Mr. Karow voiced that the precedent of down zoning already exists in Wildridge. He stated that the previously presented application was trying to maximize the site and this application was to minimize site impact. The precedent of down zoning exists in Wildridge with shared access and this application provides for greater green space and less asphalt, as well as neighbors working together, voiced Mr. Karow. He continued that no Variance was required as the PUD for the access covers it. Commissioner Struve commented that the applicant has addressed the Commission's original concerns, Wildridge has the most diversity of any community in the Valley and additional diversity is not an issue, Wildridge has become a local community, and cannot make the applicant responsible for housing prices in the valley. Commissioner Buckner did not believe this development would depreciate his home, felt this project was more of a cluster home situation, local housing in the master plan was done prior to the development of Barrancas and Buffalo Ridge, and the who the buyer would be is not applicable for 'determination of this application, and Wildridge is well diversified. Commissioner D'Agostino commented that it is not a matter of a one -unit reduction, but the perception of three large single-family homes on the hillside, expressed the need for single-family homes in Wildridge. Commissioner Smith agreed with comments made, commented on the good job done on the modifications made, and supports the downsizing. Commissioner Savage expressed that approval by the Carol Mulson, Eagle River Fire Protection District, for the access proposed would be criteria of approval for this application. CLOSED PUBLIC HEARING PUD Amendment: Commissioner Struve motioned for approval and Commissioner Smith seconded. The motion was for a Resolution recommending approval of the PUD Amendment to Town Council for the application as presented with 4,500 square footage on lot 3, 4,000 square feet on lots 1 and 2; square footage is inclusive, grossbuildable area and a letter of acceptance in writing for the access from the Eagle River Fire Protection District. All commissioners were in favor and the motion passed unanimously. Subdivision Variance Request: Commissioner Smith motioned to approve with the three conditions outlined by staff for Lot 44, Block 2, Wildridge Subdivision/2510 Old Trail Road, Commissioner Struve seconded and the motion passed unanimously. IX. Special Review Use Permit— Wildridge TLC — Home Daycare - PUBLIC HEARING Property Location: Lot 45C, Block 2, Wildridge Subdivision/2520C Old Trail Road Applicant. Jennifer Mach Description: Jennifer Mach is requesting a Special Review Use (SRU) permit to allow for a children's daycare at a single-family home on Old Trail Road. The applicant has held a permit for this use since original approval on March 5, 2002 in the adjacent duplex property. Matt Pielsticker presented the Staff Report. For the record, letters were received from Jody and Mark Andrews in support, and Ann Emmert and Rachelle Boe, also provided letters of support for this SRU. Jennifer Mach approached podium as owner of Wildridge TLC to comment on this SRU and the letter from an adjacent homeowner, Andre de Lucinges. Ms. Mach mentioned that she has a license for 8 children who include her own 2 children, her own separate driveway for drop off, and child safety. OPEN PUBLIC HEARING Andre de Lucinges, Lot 45A (west side of duplex), neighbor prior to the Mach family moving to their single family home, reiterated that he did count 9 children in Ms. Mach's care, checked the record of the Town of Avon for this permit and that it is licensed by the Town of Avon for only 6 infants and not 8 children. He commented that 6 vehicles were parked in area and the camper should be housed in the garage per Wildridge guidelines. Commissioner Evans questioned the impact of the childcare now that it is housed in a single-family home. Mr. de Lucinges commented that he has had to wait for space to access his lot due to this home business. CLOSED PUBLIC HEARING Commissioner review began with Commissioner Buckner that there should be a discussion on the impact caused on their neighbor. Commissioner Struve was concerned that this is an after the fact issue and Mr. de Lucinges' concerns should be addressed, and agreed that childcare was necessary. Commissioner Smith voiced the concerns with the children in the driveway, questioned the type of license in possession and number of children permitted. Commissioner Savage mentioned the after the fact issue of this application, voiced his concern with her neighbor not able to access his property, staggered pick and drip off was required in ten minute intervals, children should be contained in a fenced area, recommended that the neighbor document excess children numbers, toys should be monitored, and stringent conditions of approval for the SRU should be dictated. Commissioner Evans commented that the neighbor needed to communicate with the childcare provider if any issues exist. Commissioner Savage made motion to approve Item IX, Special Review Use Permit — Wildridge TLC — Home Daycare - PUBLIC HEARING, Property Location: Lot 45C, Block 2, Wildridge Subdivision/2520C Old Trail Road, with a condition that this permit will be reviewed in 12 months time and to include staff recommendations 2 thru 5. Commissioner Smith seconded the motion with the criteria for yearly review and memo of staffs consent regarding the review. All commissioners were in favor and the motion passed unanimously. X. Other Business Eric Heidemann mentioned the open houses for this Thursday and Friday regarding the Confluence. Commissioner Buckner questioned the Forstmann development of a 150 -room hotel on his property. The Design Charette will be next week. Condemnation of the Al Williams property was still being sought and not finalized. Lot 61 was anticipated to submit a PUD amendment. The Gates construction will be revisited. XI. Adjourn ' Commissioner Savage motioned to adjourn; Commissioner Struve seconded the motion. All Commissioners were in favor. The meeting was adjourned at 9:15 pm. Respectfully submitted, Ruth Weiss Recording Secretary APPROVED: Terry Smith dw't' /� _J1W Vice Chairman /C Phil Struve Il/ Secretary