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PZC Minutes 09-01-2009 (2)a Town of Avon Planning & Zoning Commission Meeting Minutes for September 1, 2009 VON Avon Town Council Chambers Meetings are open to the public AAvon Municipal Building / One Lake Street C O L O R A D O REGULAR WORK SESSION (5:00pm — 5:30pm) Discussion of Regular Meeting agenda items. Open to the public REGULAR MEETING (5:30pm) Call to Order The meeting was called to order at approximately 5:35 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 Commissioner Lane stated he had a conflict on item VI.B Gore Range Natural Science School Sketch Design V. Consent Agenda • Approval of the August 4, 2009 Meeting Minutes. Action: Commissioner Green moved to approve the minutes as amended by Commissioners Prince, Lane, Green, Struve, and Goulding. Commissioner Struve seconded the motion and it passed 7-0. VI. DESIGN REVIEW A. Courtyard Villas Design Modifications Property Location: Lot 12 & 13, Block 3, Wildridge Subdivision / Buck Creek Road Applicant: Michael Hazard, Morter Architects /Owner Advanced Home Technologies Description: Minor Project review for several modifications to an existing design approval. The modifications include fireplace design change, removal of the chimneys, removal of windows on various elevations, and addition of privacy screens. Discussion: Jared Barnes presented Staffs Report. Commissioner Struve questioned if the proposed light fixtures were full -cut offs. Jared Barnes clarified the proposed units. Commissioner Struve also questioned the ground -mounted privacy screen. Posted on August 28, 2009 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Alpine Bank, main lobby • Avon Public Library • On the Internet at hfto://www.avon.org / Please call (970) 748.4030 for directions L Commissioner Anderson questioned if there were any setbacks or easements that were encroached upon. Jared Barnes answered negatively. Michael Hazard presented the proposal. Commissioner Lane liked the material selection. He does question the need for the privacy screens. Michael Hazard did respond that it was a request by the owners. Commissioner Struve questioned the wind impact. Commissioner Anderson questioned the location of the screens. Michael Hazard walked the Commissioners through a site plan. After the explanation he was comfortable with the improvements. Commissioner Prince agreed with staffs comments and had concerns over the privacy screens. He also had concerns with the subject changes fitting the character of the neighborhood. Commissioner Roubos was comfortable with the improvements after initial opposition. Commissioner Struve preferred if the building mounted screens had an alternative color that was less apparent. He also was not in favor of the ground mounted screen and thought landscaping would be more efficient. Commissioner Struve also was in favor of a full cut-off light fixture instead of the proposed fixtures. Commissioner Green was concerned that these improvements will appear after the fact. He has concerns about the new material and pattern that is not apparent anywhere else on the building. Commissioner Green stated that the two building -mounted screens could be fine with adjustments, but the ground mounted screen should be replaced with vegetation. Commissioner Lane questioned the depth of the ground mounted screen. He had concerns with the length and overall size of the proposed ground mounted screen. Commissioner Goulding had issues with the proposal's minor changes and their affect on the approved design. He questioned some of the modifications that were not included in the packet. Staff clarified that those changes could have been staff approved, but were brought forth to the P&Z since there was a portion of the application that was in question. Commissioner Goulding questioned the light fixtures and their lumens. Commissioner and Applicant dialog ensued. He struggled with screens and their necessity, especially the ground mounted instance. Public Comment opened. Peter Warren stated he had no issues with any portion of the proposal with the exception of the screens. He did have concerns about the amount of changes and how they will affect the overall view and architecture. He stated that the view or sight lines that are affected by this proposal should not be approved. He suggested three solutions: plantings, one-way glass, or interior treatments. Public Comment closed. Commissioner Struve suggested a site visit. Action: Commissioner Prince moved to table the application with approved and proposed plan sets available on the site tour. Commissioner Roubos seconded the motion and it passed 7-0. B. Gore Rance Natural Science School Sketch Design Posted on August 28, 2009 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Alpine Bank, main lobby • Avon Public Library • On the Internet at http://www.avon.oM / Please call (970) 748.4030 for directions Property Location: Lot 3, Wildwood Resort Subdivision /Buck Creek Road Applicant: Brian Sipes, Zehren & Associates /Owner. The Gore Range Natural Science School Description: Sketch Design review for several Gore Range Science School (GRNSS) buildings on lot 3 of the Buck Creek PUD. Discussion: Sherry Dorward presented the site design aspects of the proposal. Dave Kaselak presented the architectural aspects of the proposal. Dave presented alternative sketches for the Meadow Learning Center. Markian Fishcheck discussed the potential need for phasing. He stated that the MDC and FSBC will be the first two buildings built. The next phase would be the GFR and the MLC Commissioner Struve questioned the parking the potential phasing. Sherry Dorward stated based on the number of teachers. requirements and how that will be affected by that it would not since elementary education is Commissioner Anderson questioned the ability to have a growing green roof as compared to other green roofs in town. Sherry Dorward responded that proper techniques will be taken to ensure growth. Commissioner Struve asked about potential wind mills. Commissioner Green asked about the drawings and specific lines. He stated that this will be an asset to the community and the design is great. He liked the change to the graduate fellows residence. Commissioner Struve would rather see an impervious surface for the roadway than a paved one. He stated that he would like to see it done early. Commissioner Roubos questioned the roof lines and how they were long and straight. Dave questioned the use of the solar panels to break up the roof plan. Commissioner Roubos commented that the ridge was the issue and she would not be in favor of using the solar panels to break up ridge. Commissioner Prince had no issues with the design. Commissioner Anderson agreed with the roof line comment and had no other issues with the proposed design. Commissioner Goulding also agreed with the roof line comments. He also had concerns about the amount of exposed glass and the amount of light pollution. He also questioned the phasing and the construction staging. He wanted to know what reveg would be in place if there was phasing in place. Commissioner Green addressed the roof issue. He stated on small buildings roofs could have a linear roof. Action: No formal application is necessary. VII. ZONING (PUBLIC HEARING) A. ZaccaZa Special Review Use - CONTINUED Property Location: Lot 2, Filing 1, Village at Avon Applicant: Cody Kennedy / Owner. Traer Creek —1-2 LLC Posted on August 28, 2009 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Alpine Bank, main lobby • Avon Public Library • On the Internet at http://www.avon.org / Please call (970) 748.4030 for directions Description: The proposal is to permit outdoor amplified sound for live music in the evenings from 11:30 am until 10pm nightly. Discussion: Jared Barnes highlighted Staffs Report. Cody Kennedy briefly discussed the request and current construction situation. Commissioner Prince questioned if any more bands would be playing this summer. Cody answered negatively. The Public Hearing was opened and closed due to no comments. Action: Commissioner Struve moved to approve Resolution 09-08, Commissioner Lane seconded the motion and it passed 6-1. B. Gandorf PUD - CONTINUED Property Location: Tract B, Block 1, Wildridge Subdivision Applicant. Dominic Mauriello, MPG /Owner.• Gandorf Tract B LLC Description: A proposal to rezone the only commercial lot in Wildridge to zoning that permits two duplex structures. Each half of the duplex will be a maximum of approximately 1,800 square feet. Discussion: Matt Gennett presented the Staff Report. He highlighted the recommended tabling motion due to the lack of review time. Dominic Mauriello asked the public for input. Public Hearing opened. Mike Rowe stated that a gas station would be a bad use on the site. He doesn't want a gas station on the site therefore is in favor of the application. Tom Sipe was not in favor of a commercial use. He didn't think a commercial use would be viable on the site. Jim Benson thought a business venture on the site would not be viable. He also stated he thought two buildings would be better than a multi -family structure. Eric Kelly agreed with the previous statements. He stated the worst problem would be a vacant commercial space. Public hearing closed. Dominic Mauriello presented the rest of the application. He discussed the letter that is attached to the report. Commissioner Roubos questioned the reason for no MLS listing. Dominic Mauriello responded that the realtor fee would be the hindrance. Commissioner Green questioned the 90 day period. Dominic responded that 90 days is arbitrary, but has to do with a presale timeframe. Commissioner Green also asked about when this period will start. Commissioner Green had a concern about eliminating the commercial use. He stated that down the road commercial could be a viable use. He also questioned the public benefit and if it was enough to remove the commercial use. Commissioner Struve thinks the public benefit is to fix a zoning mistake made 30 years ago. He also doesn't agree that P&Z should determine who the buyer is. Posted on August 28, 2009 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Alpine Bank, main lobby • Avon Public Library • On the Internet at htto://www.avon.oro / Please call (970) 748.4030 for directions ft Commissioner Roubos stated that she likes the proposal, but feels the deed restriction is not enough. She stated that a requirement to place it in the MLS is a necessity. She stated that the timeframe may not be enough. She also discussed the stigma of deed restrictions. Commissioner Prince stated that the fix of a zoning mistake is a good benefit. He stated that another project of similar sizes are not being presold. He also thought an MLS listing would be good. Commissioner Prince also discussed the difficulties for lending institutions with deed restricted properties. Commissioner Lane agreed with the previous statements. He thought the MLS would be good idea. Commissioner Anderson still thinks the commercial use is necessary. He agrees that an MLS listing would be good. He stated that making sure the application is done right is most paramount. Commissioner Goulding stated that we are being short sighted to say no commercial use would be viable. He stated that anther option would be to leave to option for limited commercial. He also had concerns about the amount of traffic a postal service drop box would create. He also challenged the caretaker unit to dwelling unit conversion. Commissioner Green built on the argument brought forth by Commissioner Goulding about removing the commercial use. Commissioner Prince stated that he had issues with the ability of potential types of financing. Action: Commissioner Struve moved to approve the PUD Amendment with 1-9 as listed by the applicant, conditions 8 and 9 be modified to require an MLS listing and that they be listed for 90 days from the final design approval. Roubos seconded. The motion was amended to add the following findings: the success of commercial venture is questionable at best, the construction of a gas station would be detrimental to residents, a commercial establishment will create traffic problems for people living within 500 yards of the location, and substantial compliance with the applicable 12 PUD criteria. Commissioner Green suggested creation of development standards will be a better development scenario. The motion passed with a 5-2 vote. C. All Mountain Transportation Outdoor Storage Special Review Use Property Location: Lot 17, Block 1, Benchmark at Beaver Creek Subdivision / 311 Metcalf Rd Applicant. John Thierfelder, AMT Holdings, LLC /Owner. ABSC, LP Description: The proposal is to utilize the vacant parcel for outdoor storage of automobiles for a livery business. Discussion: Jared Barnes briefly outlined the Staff Report. Commissioner Green questioned the need for a hardened surface. Commissioner Struve agreed with the need for a hardened, paved surface. Joyce Wilson commented on the Staff Report. She highlighted that the current parking lot is currently hard from being driven on. Commissioner Green asked staff about their Landscape Plan condition. Commissioner Goulding questioned the vehicle waste on the property and the need for a paved surface. Posted on August 28, 2009 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Alpine Bank, main lobby • Avon Public Library • On the Internet at http:/Avww.avon.org / Please call (970) 748.4030 for directions Commissioner Anderson suggested that the Commission approve the use and allow the Town Engineer to deal with the requirements of the parking surface. Commissioner Green stated the landscaping requirement was not necessary and the parking surface should be semi permeable. Commissioner Lane stated that the need for paving was not necessary and other methods would be better. Commissioner Prince stated he was for leaving it as gravel or updated road base. Action: Commissioner Green moved to approve Resolution 09-10 for a period of 5 years, and Resolution 09-10 with the following conditions: the current screening is acceptable, the Town of Avon and applicant come up with a non hard surface solution that is mutually agreeable, the use can commence once the improvements are installed, no more than 31 passengers, and conditions 2 and 3, 4 will be subject to current PUC licensing applicant has. With the findings that additional landscaping would be difficult to plant and appear native. Commissioner Struve 2n° the motion and it passed 7-0. D. Lodging Overlay Zone District Applicant. Department of Community Development Description: The proposal is create an overlay district in the Town Core area to permit "lodging" as a use by right. Discussion: Jared Barnes and Matt Gannett briefly discussed the Overlay Zone District. The public hearing was opened and subsequently closed due to no input. Commissioner Prince questioned short term rentals in Wildridge. He also questioned the public notice requirements. Action: Commissioner Green moved to approve. Commissioner Struve seconded the motion and it passed 7-0. VIII. Other Business •: Medical Marijuana Dispenceries. Hamel PUD roadway issues. •: Joint worksession, public projects reviews, Transportation plan IX. Adjourn The meeting was adjourned at Approved on September 1 W. Todd Goulding Chairperson Phil Struve Secretary �- Posted on August 28, 2009 at the following public places within the Town of Avon: • Avon Municipal Building, main lobby • Avon Recreation Center, main lobby • Alpine Bank, main lobby • Avon Public Library • On the Internet at hftp://www.avon.org / Please call (970) 748.4030 for directions