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PZC Minutes 07-21-2009 (2)Town of Avon Planning & Zoning Commission Meeting Minutes for July 21, 2009 V O N Avon Town Council Chambers Meetings are open to the public Avon Municipal Building / One Lake Street C O L 0 R A D 0 REGULAR WORK SESSION (5:00pm — 5:15pm) Discussion of Regular Meeting agenda items; Open to the public Color Board Clarification for Lot 59, Block 3. WR (5:15pm — 5:30pm) Discussion: Jared Barnes discussed the clarification necessary. Millie Aldrich presented the colors and the reason for the grey color. Commissioner discussion ensued. The Commissioners approved the modifications to conditions #4 and #6 of the previous approval to state, "All Materials and Colors will be reviewed and approved through an on-site mock-up that is a minimum size of 4'x 8'." REGULAR MEETING (5:30pm) Call to Order The meeting was called to order at approximately 5:30 pm. Roll Call All Commissioners were present. III. Additions and Amendments to the Agenda There were no additions or amendments to the Agenda IV. Conflicts of Interest There were no conflicts of interest. V. Consent Agenda • Approval of the July 7, 2009 Meeting Minutes. Action: Commissioner Green moved to approve the minutes. Commissioner Roubos seconded the motion. Commissioner Goulding asked that the word "Unique" be added to finding 4 of Item VI. Commissioners Green and Roubos accepted the amendment and the motion passed 6-0, with Commissioner Lane abstaining due to his absence at the previous meeting. ZONING (PUBLIC HEARING) VI. ZaccaZa Special Review Use (SRU) Property Location: Lot 2, Filing 1, Village at Avon Applicant: Cody Kennedy / Owner: Traer Creek —L2 LLC Description: The proposal is to permit outdoor amplified sound for live music in the evenings from 3pm until 10pm. Discussion: Matt Pielsticker presented Staffs report. Cody Kennedy asked if the hours could be adjusted. He also asked if the approval could run with the lease of the property to avoid having to pay the SRU application fee of $500 on an annual basis. Commissioner Roubos questioned the process prior to this application. Matt Gennett responded that the applicant had applied for a amplified sound permit in previous years. He stated further that it wasn't until after a compliant was made and the Planning Department was asked to look into the zoning allowance that this process embarked. Paul Ferzacca clarified the application that was made. The Public Hearing was opened. Howard Tate, a property owner in Eagle -Vail, commented that he wasn't opposed to live music played at ZaccaZa, but he did have concerns over the volume. He asked the board to lessen the volume that the amplified sound is played at. Commissioner Green asked if the he heard the music on a regular basis. Howard responded that it was regular and when he called ZaccaZa, the manager usually turned it down. Commissioner Goulding asked if there was a level of noise that is enforced. Matt Gennett commented that the code refers to the Colorado Revised Statues that measure amplified sound from the property boundaries. Commissioner Anderson stated that he lives adjacent to the gentleman who previously spoke and he commented that he could clearly hear every word of the music. Paul Forzacca, commented that he isn't trying to make anyone upset, but what is fair for the rest of the community should also be fair for this property. Howard Tate responded that the built environment helps lessen the sound of amplified sound from Finnegan's. Doug Sheric, an adjacent property owner, commented that he thought the sound was reasonable and not too loud. The Public hearing was closed. Commissioner Prince asked Staff what was being approved. Matt Pielsticker responded that the Commission is only approving the use and that the Council will be approving the Permit. Commissioner Lane commented that he is fine with the use and only thinks the time frame should be from noon to 10 pm. Commissioner Prince had no comments. Commissioner Struve stated that location is a factor to him. Commissioner Green stated that the comments from the Mr. Tate are very important. He doesn't have a problem with the use or sound on the deck. He does have concerns over the sound and volume. He commented that it should be reasonable. Commissioner Goulding stated that a subsequent review should take place to deal with the issues. Commissioner Struve commented that he would not be in favor of big screen TVs playing amplified sound for events like fall football. Commissioner Green asked that the sound be reasonable. Commissioner Goulding asked how "reasonable" is quantified. Commissioner Roubos wanted the approval to be reviewed every year. Commissioner Struve stated that he would want condition 1 to be open ended in terms of dates and that the hours be noon to 10 pm. The applicant stated that even if it was approved by August 25, 2009 he was unsure if the space would be usable. Action: Commissioner Roubos moved to table until the applicant's tenant space is usable for the proposed SRU since active construction is currently preventing the commencement of the proposed amplified sound use. Commissioner Struve seconded the motion and it passed 7-0. VII. Other Business Transportation Master Plan Applicant: Justin Hildreth, Town Engineer Description: Presentation of the draft Comprehensive Transportation Master Plan, which includes an assessment of the current and future vehicular, bicycle, transit, and pedestrian infrastructure demands. Discussion: Justin Hildreth introduced Charles Buck, consultant with FHU, who drafted the plan. Justin explained that the current 1996 Plan is outdated and highly auto -orientated. He stated the Town's current direction is for a more pedestrian -orientated plan that helps to bring the Town's master plans to fruition. Charles gave a PowerPoint presentation and explained the various Level Of Service (LOS) measurement techniques. Commissioners made comments throughout the presentation regarding lack of information and lack of access for non -motorized transportation. Commissioner Struve questioned the safety of an underpass versus an overpass when proposed for the 1-70 corridor. Commissioner Green questioned the document and its ability to propose future plans and solutions. He specifically commented the bike traffic up and down to Wildridge. He commented that this document is more of a report than a plan. He wants to know how this plan ties into Main Street and the future build out of both East and West Town Center. Commissioner Struve stated it is a great start and wants the plan to be more aggressive and present the issue, not the solution. He commented that the way finding in town is not adequate. He also stated that Traer Creek needs to be involved in this plan. He stated that Avon could be known as the most bike friendly community in the Valley if this plan is executed properly. Commissioner Roubos stated that the safety issue in the roundabouts is paramount. She also commented on the safety issue along Wildridge road heading into Wildridge. She expressed her concern over the access to the bike path along Nottingham. Commissioner Prince agreed with his fellow Commissioners comments. He stated his concerns over the pedestrian connection along Highway 6 and from the Folson Annexation parcel to the core of Avon. Commissioner Lane stated his concern was that future pedestrian and vehicular arteries would be cut off. He stated the biggest hole in the proposed plan is that there is no schematic or intent of what the solution is. Commissioner Anderson questioned the connection between the East and West Town Center Plans and this proposed Transportation Plan. He stated that the Avon Road roundabout crossing should be revised to better relay the Town's desires to potential developers. He stated sight distance issues could be addressed in the plans. He commented on the skier parking in town and how that would effect the potential pedestrian and vehicular movement throughout town. Commissioner Goulding stated, "If we build it, everyone will come." He wants to know the East-West connection through Avon Road. He also wants to know how we will successfully get through all of the North-South barriers. He stated that bike connection for the various types of bikers. He wants to make the pedestrian movements throughout town easy to navigate. Commissioner Green asked to "piggyback" on Commissioner Goulding's final comments with additional closing thoughts of his own and Commissioner Goulding acquiesced. Action: No action necessary. VIII. Adjourn The meeting was adjourned at approximately 7:40. Approved W. Todd Gc Chairpersoi Phil Struve Secretary