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PZC Minutes 08-02-2005 (2)Town of Avon Planning & Zoning Commission Meeting AMinutesr, O �i o YTO N August 2, 2005 5:00 pm — 5:30 pm Commission Work Session I. Call to Order The meeting was called to order at 5:35 pm. II. Roll Call All Commissioners were in attendance with the exception of Commissioner Buckner. III. Additions and Amendments to the Agenda There were no additions or amendments to the Agenda. IV. Conflicts of Interest There were no conflicts to report. V. Consent Agenda: Approval of the July 19th, 2005 Planning & Zoning Commission Meeting Minutes. Commissioner Struve motioned for approval of the Consent Agenda and Commissioner Smith seconded the motion. Motion passed 5 to 0 with Commissioner Evans abstaining due to his absence at the last meeting. Vi. Town Zoning Code Additions & Amendments - PUBLIC HEARING Applicant: John Dunn, Town Attorney Description: The Commission to review a proposed Ordinance to amend Section 17.08 of the Avon Municipal Code as it relates to the definition of 'Dwelling' (Section 17.08.230) and 'Hotel' (Section 17.08.380). The proposed Ordinance would add Section 17.08.385 to the Avon Municipal Code for the definition of "lodge° and would clarify the definition of 'lodge' in the Wildridge PUD. This is a public hearing prior to the second reading by Town Council on August 9, 2005. John Dunn, Town of Avon Attorney, presented his memo to the Commission. He continued that this ordinance was intended to fix a bad definition of hotel, motel and lodge. Commissioner Evans questioned the issue of family and its definition of "6" as paying guests. Commissioner Struve questioned how many guests were in the home. Commissioners questioned why the discussion was going on when commercial businesses are not permitted in Wildridge. OPEN PUBLIC HEARING Kathy Kunis, 5301 Ferret Lane and 16 -year primary resident of Wildridge, approached the podium to discuss the hotel operation going on in a lot behind her home. She provided to the commission a copy of the website information for the "lodge' in question and brought to the attention of the Commission other locations where hunters are renting in Wildridge. Mr. Dunn asked of Ms. Kunis to reveal the noise issues. Ms. Kunis replied that the hotel guests bring audio speakers out to the hot tub, the guests get drunk into the night in the hot tub, police have been called, foul language is heard by neighborhood children, guest children stand on the railing and jump into the hot tub without supervision, parties go late into the night, there are twenty lights causing light pollution all night, and it is very disturbing to the neighborhood. Ms. Kunis continued that sixteen guests can be housed and they arrive at all hours of the night with unbearably noise, they use the neighbor's driveways to walk their pet and the neighbors are left to pick up the feces, sled on neighbor's properties, toss used cigarette butts onto neighboring properties, leave out "tons" of garbage that attracts the bears and it is like living next to a Beaver Creek large hotel. The hotel's owner ignores all complaints from his neighbors. Commissioner Struve questioned Mr. Dunn as to why this issue was being discussed and permitted. Mr. Dunn responded that claims of property right impingement, non -conforming uses were grand fathered in, and he was tying it to a nuisance issue thus giving Town Council greater latitude. Commissioner Evans asked if the properties qualify as non- conforming use. Mr. Dunn was not sure that they do and the town's files depict them as residential usage. Commissioner Evans commented that he believed that it is not an allowed use now and that Wildridge was not a commercial location and none of it should be allowed. Commissioner Smith expressed that short-term rental resorts should be prohibited. Ms. Kunis voiced that there are many more properties doing the same thing. Commissioner Green commented that if this ordinance might open Wildridge to attract Bed & Breakfast's and he continued that it was an enforcement issue. Mr. Dunn commented that enforcement would be easier with the ordinance approved. Commissioner Savage voiced that there should be no short-term rentals but people would work around any legal jargon and it should be prohibited and not restricted. Commissioner Struve questioned if it is only for Wildridge or for Avon, too? Mr. Dunn commented to strike the words 'by more than 6". Commissioner Green questioned the Wildridge plat and Mr. Dunn responded that it needed to be specifically addressed. CLOSE PUBLIC HEARING Commissioner Green motioned to recommend approval of Resolution 05-09 to Town Council with the deletion of the words "more than six (6)". Commissioner Smith seconded. All commissioners were in favor and the motion passed unanimously. VII. Comprehensive Plan Update - PUBLIC HEARING Description: Review the planning principles and recommendations within the Low Priority Districts (Subareas) and work through Draft Plan Observation Summary as it pertains to the Low Priority Districts. Rebecca Leonard approached the podium to clarify that the packet distributed today was for a future meeting and continued that low priority districts were the discussion items tonight. District 17 was opened for discussion and Commissioner Evans commented that affordable should be stricken as to eliminate targeting markets. Commissioner Savage commented that the need to keep affordable housing is necessary to maintained for public good. Commissioner Green expressed the need to retain the ability for diversity this area of the town. Commissioner Evans approved of medium to high density in the area and Commissioner Green voiced that it was a matter of presentation. Commissioner D'Agostino agreed with economically diverse development in this area. Mr. Katieb remarked on the words 'attainable', 'affordable' and 'local housing'. The discussion moved to adding trees to mobile home parks and the topic of sidewalks. Throughout the remaining districts targeted for discussion, the commissioners commented on building heights, keeping height down to a 3 -story level, connections to trails, incentives to encourage easier and greater access to trails and pedestrian paths. The water feature and sign off 1-70 does not create an encouraging "gateway" to Avon. Commissioner Struve suggested that the removal/burial of power lines be pursued. No public comment was offered. OPEN PUBLIC HEARING CLOSED PUBLIC HEARING VIII. PUD Amendment i Sheraton Mtn. Vista - PUBLIC HEARING - Tabled from July 19, 2005 Meeting & Tabling Requested to August 16, 2005 Property Location: Lot C, Avon Center at Beaver Creek Subdivision/140 West Beaver Creek Boulevard Applicant/Owner., Points of Colorado, Inc Description: A request for an amendment to the Lot C PUD to modify the existing property rights and zoning for Lots 2C, 3, 4, and 5 (Phase 1C). This application proposes to eliminate a 125 - room hotel and restaurant, and increases the number of time-share units in the project's last phase of development. The review for this application will be broken into two separate meeting. The background of Lot C and the land use portion of this application will be discussed at this hearing. The applicant has requested another tabling of this application to the August 16, 2005 meeting. Eric Heidemann voiced the desires of the applicant to table this application to the next meeting. Commissioner Savage questioned the visual of the building and Mr. Heidemann responded with the need for this application to take two meetings due to its complicated nature with the first meeting to discuss the existing entitlements and design along with its history and where we are today and its features. The second meeting would be with the applicant to discuss the substance of the building and permit the commissioners to comment on the features. No public comment was offered. OPEN PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Smith motioned to table this application to next meeting, Commissioner Green seconded with a vote of approval of 5 to 0 with Commissioner Struve abstaining. IX. Moehring Landscape Modifications - Tabled From July 19, 2005 Meeting Property Location: Lot 58, Block 4, Wildridge Subdivision /5170 Longsun Lane Applicant. Robert Moehring, RMI Vail / Owners: David and Kathy Ferguson Description: At the Commission's June 1, 2004 meeting, a final design plan was approved for the subject property with the condition that additional landscaping shall be included on a revised landscape plan to be submitted and approved by the Planning and Zoning Commission. A revised plan has been provided to staff and the Commission will review this revised plan. Matt Pielsticker presented the Staff Report to the Commission. Robert Moehring, applicant, approached the podium to respond. Mr. Moehring commented on the inability to provide engineer's letter and continued that the plant life recommended were short rooted and the landscaper felt it would take two years for rooting. Commissioner Evans suggested that approval of the landscaping plan be accepted with the contingency that an approval letter from the geotechnical engineer be provided to Staff. Commissioner Struve voiced concerned with the structural integrity of the wall with the plant life as suggested. Commissioner Green concerned with the long term geo-grid of the wall and that is why a professional's written opinion was requested. Mr. Moehring said the original landscaping plan was approved by his engineer for grass only on the wall but the Commission requested additional landscaping for the area. Commission consensus was to get the professional letter for the walls and to consider softening the site with shrubs. Commissioner Struve motioned to approve Item IX, Moehring Landscape Modifications, Property Location: Lot 58, Block 4, Wildridge Subdivision /5170 Longsun Lane, conditional on a letter from a Colorado Professional Engineer stating approval of the Landscape Plan. Commissioner Green seconded the motion and all commissioners voted in favor. X. Final Design — Campbell Duplex Property Location: Lot 30, Block 1, Wildridge Subdivision/2160 Long Spur Applicant. Gerald Miramonti / Owner: Patrick Campbell Description: Gerald Meremonte is proposing a duplex on this Long Spur property. The proposed design utilizes a predominately stucco exterior with a flat roof design. The structure totals approximately 6,500 square feet. A sketch design for this structure was reviewed at the Commission's June 7, 2005 Matt Pielsticker provided the Staff Report to the Commission. Gerald Meremonte responded to commissioner concerns and distributed a new set of drawings. Commissioner D'Agostino questioned the retaining wall materials and matt responded with boulders, and a discrepancy With entry. Mr. Meremonte stated that walkways and partitions would be made of stamped concrete but color has not yet been determined. Mr. Meremonte presented his project to the Commissioners; all comments from sketch were incorporated in this final design. Commissioner Savage commented that a good job was done in breaking up as requested. Commissioner Green appreciated the massing, good break up to the roofing, could not encourage the smaller driveway and parking, encouraged greater landscaping as current plan was not appropriate. Commissioner Smith commented that it is not compatible with the neighboring structures and overrides all other issues. Commissioner D'Agostino appreciated the different roof lines and parapets, disagreed with the lack of variation in materials as it sets a precedent which was inappropriate; each individual color is nice but each hue is a different color tone and the base tones were too dissimilar; and exterior light could use some punch. Commissioner Struve liked what was presented but was having trouble with how it fits in the neighborhood. Commissioner Evans agreed with Commissioner Green on the landscaping plan as being inadequate, driveway was adequate as proposed, varying roof heights were well done, design intent could be accomplished with varying material, with enough landscaping for buffering it might work. Commissioner Green questioned the difference in materials. Mr. Meremonte commented that his client desired to deviate from the typical and fitting the neighborhood should not be a concern., Commissioner Evans voiced that the Ccommission's responsibility was to judge the product with the Town of Avon Design Review Guidelines. Patrick Campbell, owner of property, voiced that architecturally homes are all different but primarily southwestern with flat roof and stucco exteriors and commented that he desired to have greater landscaping but believed the landscaping needs to be more drought "sensitive. Commissioner Green motioned to approve the submitted design with the staffs two conditions and the addition of Condition 3: exterior lighting is not approved and a new fixture must be approved by the Commission and Condition 4: landscaping plan is not approved as submitted and a new plan must come back to the Commission for approval with additional landscaping incorporated. Commissioner Savage seconded the motion and the motion passed 4 to 2 with Commissioners Smith and D'Agostino opposing. XI. Sketch Design — Lot 48 Duplex Property Location: Lot 48, Block 4, Wildridge Subdivision/5151 Longsun Applicant Andrew Royster, Fieldstone Development Description: Andrew Royster of Fieldstone Development is proposing a duplex on this half acre property on Longsun Lane. Both units of the duplex feature a mirrored floor plan layout, with 3,120 square feet of living space. Proposed materials include vertical wood siding, stucco, and stone accents. The property is on the downhill side of Longsun Lane and bordered by a developed duplex to the north, a vacant duplex parcel to the south, and an Open Space parcel at the bottom of the property. Matt Pielsticker presented the Staff Report. Andrew Royster, applicant, approached the podium to address the staff report by commenting that this was his first Sketch Plan Review to attend. He continued that mirrored image can be remedied, drive was the most realistic solution to the site particularly regarding height, and roof slope follows the steep site with a turn at the garage for a gable form. Commissioner comments began with Commissioner Struve commenting that the shed roof over the garage was not pleasing in its architectural style, stringers were dated in style, siding of stucco and wood on top needed more of a visual. Commissioner D'Agostino expressed that this application has potential but needed additional development, roof overhang detailing could enhance the project, discrepancy with the plans and elevations were a staff concern, decks detailing was warranted, and long column supports do not fit the character of the home. Commissioner Smith commented that the home does not fit the neighborhood; project has an industrial look and support from the roof line to the ground does not help its view. Commissioner Green stated that this project was too mirrored in image, the site is difficult but the mirrored image was not appropriate for the site, expressed that color was necessary, there was a need for three dimensional representation on such a difficult site, the roof was uninteresting, huge stucco was an issue, and architectural unreality exists. Commissioner Savage was concerned with driveway slope, and agreed with his fellow commissioner's comments. Commissioner Evans expressed that the plans provided were the wrong project on this site, and roof facing your view was contrary to Design Guidelines. Commissioner consensus was for the applicant to come back again for Sketch Plan Review since the Commissioners cannot give any approval with this application. Eric Cecil stood up in the audience and questioned the shed roofs, as it would cause the project to "start all over" as the shed roofs were designed due to the ridge heights. Commissioner Struve responded that he would have a hard time with approval because of the shed roofs. Commissioner Evans also responded that this project as presented did not come close to the intent of the Design Review Guidelines. XII. Other Business A. Fence Application Property Location: Lot 63, Block 3, Wildridge Subdivision/4281 Wildridge Road West Applicant/Owner: Henry Schneidman Description: This application is for a fence that has already been installed. The fence construction is with rounded logs and chicken wire, and is intended to keep the owner's dogs contained to their property. The fence was installed in the same location as a split rail fence that existed. Matt Pielsticker presented the Staff Report. Commissioner Struve questioned who had done it professionally. Commissioner Green queried if the previous fence meet with the guidelines. Mr. Schneidman was not aware that compliance with guidelines was an issue and a professional company had installed it. He continued that the original fence was in disrepair and it was architecturally different from home. Commissioner Struve had an issue that it isn't split rail, a problem with the chicken wire, that a professional installer was unaware that it was not permitted; and he would like to see it screened off from the road with trees and Mr. Schneidman agreed. Commissioner Smith could live with fence material, but chicken wire and height of fence were inappropriate. Commissioner Green commented that the chicken wire would oxidize with time to eliminate the shiny surface, but it was too high but landscaping might mitigate some of the issue, but fences are only to be two rails in height. Commissioner Savage commented that it was a nice attempt to match the house, but it must be lowered in height to four feet and two rails. Commissioner Evans expressed that certain guidelines do not get broke and one was the height of fence, fence material was okay, suggested removal of top rail and chain saw the posts by 10 inches. Commissioner Struve motioned within in the next 5 years the fence needs to be reduced in height to four feet with additional landscaping for the neighbors. Commissioner Evans seconded. Motion failed with 3 to 3 vote. Commissioner Savage motioned to approve this application contingent that the fence be reduced to 4 foot. Commissioner Struve seconded. All commissioners were in favor. Tambi Katieb requested the commissioners to review the Charette data on Avon Main Street dot cam website and click on phase 2 and look at the summary. A Comm Dev meeting will sit down with Design Workshop. Lot 12 appeal will occur this Tuesday with Town Council and will be prepared with a new concept at that time. The Gates forms for foundation will appear in the next few days in order to get back on track with the construction schedule however there is not a way to avoid default. Lot 61 is interested in coming back and will revisit the PUD and they don't want to design a project that doesn't accommodate the Confluence and Main Street projects. Lot C is owned by the same owner as lot 61. Confluence applications are coning in this week. XIII. Adjourn Commissioner Struve motioned to adjourn; Commissioner Smith seconded the motion. All Commissioners were in favor. The meeting was adjourned at 9:25 pm. Respectfully submitted, Ruth Weiss Recording Secretary APPROVED: Chris Evans Chairman Phil Struve Secretary \