PZC Minutes 10-18-2011 (2),q I i/
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I. Call to Order (5:00pm)
Town of Avon Planning 8, Zoning Commission
Meeting Minutes for October 18, 2011
Avon Town Council Chambers
Meetings are open to the public
Avon Municipal Building / One Lake Street
The meeting was called to order at 5:02 pm.
II. Roll Call
All Commissioners were present with the exception of Commissioner Lose.
III. Additions 8, Amendments to the Agenda
Staff highlighted the added Items VIII and IX in the revised agenda.
IV. Conflicts of Interest
There were no conflicts of interest to disclose.
V. Consent Agenda
• Approval of the October 4, 2011 Meeting Minutes
Action: Commissioner Anderson moved to approve the consent agenda as amended.
Commissioner Struve seconded the motion and it passed 6-0.
VI. Special Review Use —PUBLISHED PUBLIC HEARING (CONTINUED)
Mountain Montessori School
Property Location: Lot 22, Block 1, Benchmark at Beaver Creek Subdivision 177 Metcalf Rd
Applicant. Dominic Mauriello, MPG / Owner: BBG Holding Corporation
Description: Amendment to the Mountain Montessori School's Special Review Use approval,
from a two year time period to an approval with no time limitation. The public hearing was
opened at the October 4, 2011 meeting.
Discussion: Matt Pielsticker presented the staff report. He highlighted that the applicant
proposed recommended conditions and discussed the difficulty with enforcement.
Sally Vecchio further discussed the difference between the two recommended motions,
Staffs and the Applicant's. She also discussed the need for the Town Council to review the
use as a SRU.
Matt Pielsticker stated the recommended 10 year approval was pursuant to the PZC
approval from 2 review approvals ago.
Commissioner Minervini asked if the properly could be rezoned to allow pre-schools. Staff
stated that it could be rezoned to a Mixed -Use Commercial district.
Commissioner Prince questioned if the changing of the IC zone district would only be for this
specific property. It was clarified that it would be for the entire IC Zone District.
Commissioner Green questioned the process if the PZC decided not to recommend
changing the IC zone district to Council.
Dominic Mauriello discussed the proposed conditions.
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The Public Comment portion of the review was opened.
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The Public Comment portion of the review was closed due to a lack of comments.
Commissioner Anderson stated that he sympathizes with the applicant, but he agrees with
staff and the 10 year approval. He also stated that he would prefer that the PZC recommend
Town Council review allowing day-care uses in the IC zoning.
Commissioner Clancy agreed with Commissioner Anderson.
Commissioner Prince agreed with Commissioner Anderson as well.
Commissioner Minervini agreed with the previous Commissioner comments.
Commissioner Struve stated that he would prefer the Town Council allow day-care uses as
an SRU in the IC zone district.
Commissioner Green stated that he agreed with his fellow Commissioners. He stated that
he believes this use should be added as an SRU in the zone district.
Action: Commissioner Anderson moved to approve Resolution 11-09, with condition #2
revised to be May 2021. Commissioner Struve seconded the motion and it passed 6-0.
VII. Recreational Trails Master Plan Amendments
Description: The Town Council initiated amendments to the Trails Master Plan at their
September 27, 2011 meeting. This amendment is related to the improvements to the
Beaver Creek Lookout trail near Beaver Creek Point in Wikiridge.
Discussion: Matt Pielsticker overviewed the proposed amendments to the Trails Master
Plan.
Commissioner Struve stated that the people who attended the open house meeting in
Wildridge in August were those who lived in the immediate vicinity.
Commissioner Prince questioned the location of the shade structure. He further asked if
people who lived on Beaver Creek Point would be able to see the shade structure from their
residences. Matt Pielsticker responded that they wouldn't be able to.
Commissioner Struve asked if this plan would hinder the Land Exchange. Matt Pielsticker
stated that the reason for updating the plan is to include the trails and improvements in the
Land Exchange easement descriptions.
Commissioner Minervini asked if the access points for trails would have to be shown on the
plan if they are intended to be there forever.
Commissioner Anderson questioned the Land Exchange and what parcel the Town is
getting. Larry Brooks, Town Manager, stated that the Town is contributing money and
maintenance for the two parcels of land the Town is acquiring.
Commissioner Anderson asked if the Town changed the plans per the residents requests if
that would violate the Land Exchange. Staff responded that it wouldn't if those
improvements are exceptions to the Conservation Easement placed on the property.
Commissioner Anderson questioned the size and design of the parking area. Staff stated
that the area was solely a place holder for a future designed parking area. Commissioner
Anderson questioned if parking was going to be placed on the street.
Commissioner Anderson also asked where the money would come out of the budget. Larry
Brooks stated the Capital Improvement Project fund.
Commissioner Struve questioned the burden of the residents at the cul-de-sac if the parking
area was moved to the end of the cul-de-sac.
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Larry Brooks stated that some of the reasons for spending the money on this land exchange
{: is to stop potential development on this land which is what was contemplated in the past.
.i Commissioner Anderson stated that he was fine with the money being spent on the land
exchange, he was concerned about the amount of money for the improvements and
compared them to the amount spent by Eagle -Vail.
Commissioner Struve suggested a site visit to better understand the proposed
improvements.
Commissioner Prince stated that he would prefer to understand more about the parking,
ADA path, toilet and shade structure.
Action: The Commissioners requested a Site Visit for 4:00 pm on Thursday, October 20'h.
They also requested the Public hearing be moved to November 15'".
VIII. Design Review in the Town Core
Description: A review of the Design Review process in the Town Core
Discussion: Commissioner Green requested that the item be moved to November 150'.
Action: The item was moved to the November 15'h meeting agenda.
IX. Executive Session for the purpose of receiving legal advice in accordance with C.R.S.
§24-6-402(4)(b) regarding the Settlement Term Sheet and the pending litigation with
Traer Creek Metropolitan District and Traer Creek, LLC.
Commissioner Green moved to enter Executive Session. Commissioner Anderson
seconded the motion.
Commissioner Minervini questioned why an executive session is necessary.
Commissioner Struve questioned if there were any liabilities for PZC members by entering
into an executive session.
Executive session was entered by a 6-0 vote.
Executive session was existed after a discussion.
X. Other Business
a. Commissioner Struve questioned the Town's ability to sell land with regards to air
rights or subterranean rights.
XI. Adjourn
The meeting was adjourned at 8:45 pm.
AP
r PRO,O VA7SGNATURES:
Chris
{Green, Chairperson
Scott Prince, Secretary
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