Loading...
PZC Minutes 05-02-2006 (3)'% Q Town of Avon Planning & Zoning Commission VON Meeting Minutes CO L0 R A DO May 2, 2006 I. Call to Order The meeting was called to order at 5:35 pm. H. Roll Call All Commissioners were present with the exception of Commissioner Evans and Commissioner Struve. III. Additions and Amendments to the Agenda Swearing in and Appointment of new Commissioners: W. Todd Goulding, Julia Foster, Andrew Lane. Appointment of Chairperson, Vice Chairperson, Secretary and Commission representative to Village at Avon DRB will be held at the next Planning and Zoning Commission Meeting. Patty McKenny, Town Clerk, swore in W. Todd Goulding, Julia Foster, Terry Smith and Andrew Lane as Planning and Zoning Commissioners. Commissioner Smith, Commissioner Lane, Commissioner Goulding and Commissioner Foster were present for the site tour. IV. Conflicts of Interest There were no conflicts of interest to disclose. V. Consent Agenda A. Approval of the April 18, 2006 Planning & Zoning Commission Meeting Minutes. Minutes were deferred the next Planning and Zoning Commission Meeting as the commissioners that were presented were not at the meeting in question. VI. Executive Session with Town Attorney Pursuant to CRS 24-6-402(4)(b) conference with attorney for the local public body for purposes of receiving legal advice on specific legal questions, specifically to discuss matters pertaining to application before the Public Utilities Commission (PUC). Executive session is not open to the public. Commissioner Green motioned for the commencement of the Executive Session and Commissioner Goulding seconded the motion. All Commissioners were in favor of the motion. Commissioner Green motioned to close the Executive Session and Commissioner Goulding seconded it. All Commissioners were in favor of the motion. Mr. Dunn stated for the record that the only topic discussed in the Executive Session was this topic on the agenda. VII. Municipal Code Text Amendments Applicant: Community Development Department & John Dunn, Town Attorney Description: There are two proposed Ordinances being proposed by staff to amend the Avon Municipal Code. The first amendment is to Titles 16 and Title 17, relating to applications for development and subdivision approval and the erection or construction of improvements. The second amendment would affect Chapter 17.14 & Title 17, relating to vested property rights. John Dunn, Town Attorney, presented two ordinances to the Commission for consideration to forward to Town Council. Mr. Dunn began with discussing his memo to the Commission regarding the Vested Rights Statute of the State of Colorado and its impact. The vested rights law in the town ordinances was a three year vesting and anything beyond required Town Council approval. In 1998, an agreement was made for a 35 year vesting right for the Village at Avon and the Confluence. Mr. Dunn continued by describing the changes as they appear in the presented ordinance. Commissioner Smith brought to light issues regarding material breach and who initiates the breach. Commissioner Green questioned the intent of Section 5 - Amendment. Mr. Dunn opened discussion on the second ordinance being presented regarding Amending Titles 16 and 17, with Section 1 and addressing default by an applicant. Regarding the language in Section 5. Amendment, Section 17.14.070, Title 17.14, Title 17 Avon Municipal Code, Mr. Dunn clarified that if you get vested rights, get approval of a site specific development plan, it does not mean you are not exempt from the Building Code. Applying applicable codes outside of the zoning codes was a "good way of looking at it" per Mr. Dunn. OPEN PUBLIC HEARING Public hearing closed without comment. CLOSED PUBLIC HEARING Commissioner Green motioned to approve the Ordinance that amends Section 17.12.010, Chapter 17.12, Title 17, Avon Municipal Code, and Section 16.12.050, Chapter 16.12, Title 16, Avon Municipal Code, as proposed. Commissioner Goudling seconded the motion. All commissioners were in favor and the motion passed unanimously. Commissioner Green motioned to approve the proposed Town of Avon Ordinance Amending Chapter 17.14, Title 17, of the Avon Municipal Code with the following change: in Section 17.14.060, that any five year review of a PUD, and that review pursuant to 17.14.060 of the Code, be initiated by staff before the Planning and Zoning Commission before approval presentation to Town Council. Commissioner Goulding seconded with all commissioners in favor and the motion passed unanimously. VIII. Minor Project - ERWSD Building Property Location: Tract N, Block 3, Benchmark at Beaver Creek Subdivision Applicant/Owner. Ronald Siebert, Eagle River Water and Sanitation District Description: Design review for a new building at the Eagle River Water and Sanitation building fronting the Eagle River between the bike path and the rail road tracks. The building is required for UV water treatment and would have a 28' x 44' footprint and is located on the south side of the main treatment facility. The building would have fluted masonry walls and a metal roof. Matt Pielsticker was prepared to present the staff report however the applicant was not present. Commissioner Green moved to table this agenda item. Commissioner Foster seconded the motion. The motion passed unanimously. IX. Mockup Design - Gates on Beaver Creek Property Location: Lot 1, Chateau St. Claire Subdivison / 38374 Highways 6 & 24 Applicant: Steven Heinen, Ivins Design Group Description: This is to discuss the on-site mockup review, which took place at 12pm. Action is required on the mockup design panel, and approval of this mockup must take place prior to May 31, 2006 in order for the property remain in compliance with its current Development Agreement. Matt Pielsticker presented the staff report to the commission along with historical information of the project. Steven Heinen, Ivins Design Group, approached the podium to discuss his PowerPoint presentation and began with the new fascia and a new roofing material to be used and that it be left to weather naturally. All wood deck material would be rough sawn. He continued that in his discussion with William Gray, TOA Building Official, that fire retardant wood for the balcony, that was present in the 1997 UBC, was not required to date. Mr. Heinen discussed the colors of the stucco as yellow under the previous approval and the new color was not as yellow. Mr. Heinen continued with discussion of the sills and their 3 dimensional look. Gutter and down spouts would be bronze as originally approved. Commissioner Foster asked about the gutters and the copper roofing in the mid line of the building and was confirmed by Mr. Heinen. Commissioner Lane inquired where the downspouts would be located. Commissioner Green liked the copper shingles and against the pre -finished look. Design guidelines state that the Town prefers natural materials. Commissioner discussion revolved around the paint at the grade level. Commissioner Foster and Commissioner Lane were concerned with gutter and roof. Commissioner Green complimented the changes to the fascia. Commissioner Smith suggested that Mr. Heinen come back to the next meeting with the changes discussed. Commissioners are aware of the compliance issue for mock up approval by the end of May 2006. Eric Heidemann mentioned that Mr. Heinen would have to provide it by May 10h meeting and gutter and paint color were outstanding issues. Commissioner Green motioned to table a decision on the Gates of Beaver Creek mock up review until the May 16, 2006 Planning and Zoning Commission Meeting, pending the ability of the Commissioners to go and review the modifications. Commissioner Lane seconded and the motion passed unanimously. X. Other Business A. Staff update on various applications and issues. The next Planning and Zoning Commission meeting is full. June meetings are very busy with the Confluence Sketch, Lot C may be coming back in June; Council is hoping for final approval for the Main Street Plan on May 23rd. XI. Future Agenda Items A. April 11, 2006 Planning Commission invited to Housing Needs Work session with Town Council. Eric Heidemann addressed this session and that the Commission is being invited to attend. It would be a work session item. B. April 25, 2006 - East Avon Area Plan Community Work session at Town Council XII. Adjourn Commissioner Goulding motioned to adjourn. All Commissioners were in favor. The meeting was adjourned at approximately 7:20 pm. Respectfully submitted, Ruth Weiss Recording Secretary APPROVED: Chris Evans Vice Chairman Phil Struve Al Secretary