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PZC Minutes 040296Record of Proceedings Planning and Zoning Commission Meeting Minutes April 2, 1996 Regular Meeting The regular meeting of the Town of Avon Planning and Zoning Commission was called to order by Chairperson Jack Hunn at 7:00 p.m., April 2, 1996, in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. All members were present except Commissioner Stanley. Members Present: Jack Hunn Sue Railton Buz Reynolds, Jr. Rhoda Schneiderman Henry Vest Staff Present: Karen Griffith, Town Planner Jacquie Halburnt, Recording Secretary George Harrison, Assistant Planner Steve Hodges, Community Service Officer Mike Matzko, Director of Community Development Additions and Amendments to the Agenda Karen Griffith stated Staff had two additions to "Other Business", the first was Lot 3, Nottingham Station, discussion of colors and secondly, Lot 10, Block 4, Wildridge, the McDonald residence, confirmation of colors and modification of one color. Conflicts of Interest None Consent Agenda The following items were scheduled on the Consent Agenda: A. Approval of the March 5, 1996 Meeting Minutes B. Approval of the March 19, 1996 Meeting Minutes C. Lot 38, Block 2, Benchmark at Beaver Creek Subdivision; Borg Duplex Project type: Satisfaction of Conditions of Approval - Colored Elevations Owner/Applicant: Bob Borg Address: 0220 West Beaver Creek Boulevard Meeting Minutes April 2, 1996 Planning and Zoning Commission Meeting Page 2 D. Lot 24, Block 2, Benchmark at Beaver Creek Street Address: 0150 E. Beaver Creek Blvd. Project Type: Conditions of Approval, Landscape & Streetscape Plans Owner: Tim Garton and Kim Peterson Applicant: Jerry Dokken, Dokken Architects Address: 0150 East Beaver Creek Blvd. George Harrison explained the Consent Agenda as approval of the March 5th and March 19th meeting minutes, colored elevations of the Borg Residence, Lot 38, Block 2, Benchmark at Beaver Creek, and Lot 24, Block 2, Benchmark at Beaver Creek, Avon Plaza's landscape and streetscape plans. Commissioner Schneiderman asked if the applicant was present for the Lot 24, Block 2, Benchmark at Beaver Creek project. No one was present. Commissioner Schneiderman stated that with the walkway in front of the building and parking right up to the walkway, cars would have their front ends hanging over into the walkway, essentially creating no walkway. Mr. Harrison stated that there were metal poles along every parking space on the site plan to avoid such a problem. She said that she thought most of the spaces could be moved across the aisle, giving room for landscape and an effective walkway. Chairperson Hunn stated perhaps the item should be pulled off the consent agenda so they could discuss it further in "Other Business". Commissioner Schneiderman suggested pulling it off and tabling it because discussion would be pointless if the applicant was not there. Chairperson Hunn pointed out several changes to the March 19th meeting minutes, they were as follows: Page 3, 4th paragraph, 2nd sentence, should say "unbroken", not "and broken"; Page 4, 2nd paragraph, last sentence, should say "in that modular matter", not "the that modular manner"; Page 8, last paragraph, 2nd to last sentence, should say "parget" not "parched"; Page 10, 3rd paragraph from the bottom, should say "controversial", not "commercial"; same paragraph, last sentence, should say "blend with its surroundings"; Page 11, 5th paragraph, 4th sentence from bottom of paragraph, add the word "up" between "taking" and "space"; page 12, 2nd paragraph, 4th sentence, "near" needed to be inserted before "pocket" and finally, Karen Griffith was referred to as Mr. Griffith. Motion Commissioner Schneiderman made a motion to approve the Consent Agenda with items A, B, C and the recommended minute changes, while removing item D. Seconded by Commissioner Railton and the motion carried unanimously. Commissioner Schneiderman made a second motion to table item D, Lot 24, Block 2, Benchmark at Beaver Creek subdivision. Meeting Minutes April 2, 1996 Planning and Zoning Commission Meeting Page 3 George Harrison stated that they could still discuss it in "Other Business" if necessary. Seconded by Commissioner Vest and the motion carried unanimously. Final Design Review A. Lot 85, Block 1, Wildridge Subdivision; Sage Villas Project Type: Residential, four-plex Owner: Cary Builders Applicant: Eric Johnson, Architect Street Address: 2436 Draw Spur George Harrison explained the project. He stated the Commission saw the project at the March 19th meeting and tabled it. He said the applicant had incorporated many of the changes recommended by the Commission. He stated that the Staff memo outlined the six recommendations and how the applicant addressed them. Mr. Eric Johnson presented the project. He stated the exact cut sheet on the down light was not given to George in advance and he handed it out to the Commission. He said the light fixtures were on the two end units outside the doors. He continued that the grading plan had been clarified with spot elevations at the driveway to show how the drainage swales worked. Mr. Harrison stated the grading and drainage were still being reviewed, but from the initial review it appeared the grading would work. He said that they had not gotten a final sign -off from the Town Engineer. Mr. Johnson stated they upped the caliper of the Aspen and Cherry trees to 2", they added three spruce trees along the back and side, and took out 10 Aspens. He presented the roof color and an alternative siding color. He stated the trim color was Chrome green. He stated they shifted the planting and snow storage areas to keep them protected, added a 3x3 dining room window, and extended the roofs on the upper overhangs. The Commission all agreed on the selected colors. Commissioner Reynolds stated he was concerned with the material they used because it was not a fully wrapped masonite product and he had seen problems with it in the past. He said it had not held up because the back of it had a tendency to absorb moisture on certain parts of the house and it then delaminated the wood. He referenced the Harrison project as an example of the product failure. Commissioner Schneiderman stated the Harrison project had been a nightmare and they could not get paint to stick. Mr. Bob Borchardt stated he had built approximately 300 houses in the last 15 years, had used the product for 15 years, and had never had a call back on it. Commissioner Meeting Minutes April 2, 1996 Planning and Zoning Commission Meeting Page 4 Reynolds stated it could be because of the way Mr. Borchardt did it and he just wanted to point out that the project the Commission had approved did not work and everything was going to have to be replaced on all four buildings. Mr. Borchardt stated he did not know of any material that one could use in Colorado on the exterior that did not need something done to it in 4 or 5 years. He said he used this product because the paint adhered to it so well. Commissioner Reynolds stated he wanted to point out that from what he had seen, as one Commissioner, that the fully wrapped masonite product worked better. Mr. Borchardt suggested he could use a vapor barrier. He stated he normally did not apply a vapor barrier and had used the product in Silverthorne. Chairperson Hunn stated it was up to the builder to build the project how he wanted to, but the Commission had seen a negative experience with the product and they needed to pass that information on to him. Motion Commissioner Vest made a motion to approve the residential four-plex for Lot 85, Block 1, Wildridge Subdivision. Seconded by Commissioner Railton. Further Discussion Commissioner Schneiderman asked Commissioner Vest to amend his motion to include that the Commission strongly recommended that the applicant used a fully wrapped masonite product. Commissioner Reynolds stated that he was sure as an experienced builder, the applicant would put the product up correctly and perhaps other builders had done it incorrectly. Mr. Borchardt stated that insulation was very important with this product and if nails penetrated the surface and broke the seal, there would be problems. He continued that if the product was applied properly, which would be nailing it by hand and not using a gun that would penetrate the seal, there shouldn't be any problems. Mr. Borchardt also pointed out that the product had a 20 year warranty. Commissioner Schneiderman stated it was a recommendation, not a condition. Commissioner Vest amended his motion to include a strong recommendation to use a fully wrapped masonite product, the second concurred and the motion carried unanimously with Commissioner Reynolds abstaining because he was not at the previous meeting when the project was originally presented. Meeting Minutes April 2, 1996 Planning and Zoning Commission Meeting Page 5 B. Lot 15, Block 4, Wildridge Subdivision; Finley Residence Project Type: Remodel to add bedrooms and upgrade exterior design Owner/Applicant: Amy and Steve Finley Consultant: Jim Bryan, Architect Property Address: 5684 E. Wildridge Road Karen Griffith explained the project. She stated the owners had 5 bedrooms and were proposing to add 3 additional bedrooms, 2 additional bathrooms, remodel the kitchen, and it included a den and loft. She stated it was a second home and the additions were proposed to accommodate family members when they visited. Ms. Griffith stated Staff thought the exterior modifications were an improvement and upgrade. She stated that the project met all design review criteria; however, Staff was a little concerned about the number of bedroom and the potential of traffic and noise to the neighbors. She said Staff wanted to get 2 additional parking spaces added to the lot, perhaps grass crete because the residence was not used that much during the year. She said they wanted to relocate their 2 fireplaces, which was okay with Staff, but they could not add any more. Ms. Griffith noted that the 2 fireplaces were put in before the Town of Avon had their one fireplace rule. Finally, she said the percentage of lot coverage was not listed on the map. Mr. Jim Bryan presented the project. He said the owner was a professional baseball player, was busy from February through October and only came here during Christmas. He said they tried to keep the addition to the back of the house and unify it with some elevation treatments. Commissioner Railton said she thought it was a great improvement. She asked how many people were there when the family got together. Mr. Bryan said maybe 4 or 5, but everyone was from out of Town and they spent a lot of time going back and forth to the airport. Commissioner Railton asked if they had planned on repaving or coating the driveway because it was all cracked up. He said he hadn't planned on it, but could specify it. Mr. Bryan said they currently had 6 parking spots and had planned on adding 2 more for a total of eight. Commissioner Schneiderman asked where the back space would be added for snowmobiles. Mr. Bryan pointed it out on the north elevation as a horizontal sided door. Commissioner Schneiderman said the house looked great; however, she was concerned with the type of treatment on the chimneys. She said they were wood burning and would be charcoal. She said they would need to be painted every year because of the soot. She stated she thought the stone trim around the house would look good on the chimneys. Commissioner Reynolds said his only concern was the parking. He asked if the turnaround parking held two full cars. Mr. Bryan stated it was 20 feet wide and would accommodate two cars. Commissioner Reynolds stated that the turnaround was used for snow storage this year and could not accommodate 2 cars. Mr. Bryan said he could inform the owners that they would have to keep it fully plowed. Meeting Minutes April 2, 1996 Planning and Zoning Commission Meeting Page 6 Commissioner Railton asked where the big trailer would go. Mr. Bryan said it would fit in the garage. Chairperson Hunn stated he also thought it was a great improvement. He said the lighting on the home was a series of spotlights which cast glare onto neighboring properties and asked if it would be replaced. Mr. Bryan responded that he would be putting the soffits into the ceiling of the porch and would be also changing the fixture in the yard. Chairperson Hunn asked about the existing deck. Mr. Bryan said they were removing it and replacing it with a new deck that would be at the lower level off of the living room. Chairperson Hunn asked how close to grade the jacuzzi would be. Mr. Bryan said approximately 1-2 feet. Motion Commissioner Schneiderman made a motion to approve the remodel to add bedrooms and upgrade exterior design to Lot 15, Block 4, Wildridge Subdivision with the following conditions: 1. Staff recommendations 2. The chimney chases be of the same stone material as the trim of the building. Seconded by Commissioner Reynolds and the motion carried unanimously. C. Lot 61, Block 1, Wildridge Subdivision; Evans Residence Project Type: Single Family Residential Owner/Applicants: Chris and Michele Evans Property Address: 2365 Fox Lane Karen Griffith explained the project. She stated it was a 2400 square foot home utilizing cedar board and batten siding with stucco and log rail decks. She said the project did comply with the zoning code. Ms. Griffith stated that the applicants did not have their final cut sheet for lighting selected at this time, so they added notes on the site plan that there would not be any off site glare problems. Staff also recommended that they approve the light fixtures at time of building permit. Staff also recommended the two spruce trees on the north elevation that are close together be separated and one moved by the garage for screening. Finally, Staff recommended 10 additional shrubs be added to the north side of the lot for more visual interest. Commissioner Schneiderman verified that they proposed 5 Aspen trees and 4 Colorado blue spruce trees and nothing else. Mr. Chris Evans stated the entire lot was covered with Aspens. Commissioner Schneiderman pointed out that the front of the lot was not covered with Aspens. Meeting Minutes April 2, 1996 Planning and Zoning Commission Meeting Page 7 Ms. Michele Evans presented the project. She passed around a massing model for the Commission. She stated their lot was covered with Aspens and their main concern was to save as many of the trees as they could. She said the location of the house was determined by the trees. She stated it was a steep lot and they worked with the Town Engineer to come to a reasonable solution. Ms. Evans said she had no problem with the Staff recommendations and asked that they be able to submit their final light cut sheet before they pick up their permit, not before they submit for it. She said she wanted some time to research before she made a decision. Ms. Griffith stated it was fine with her. Chairperson Hunn asked if the applicants had talked to the utility company to determine if they would read the meters in the locations they designated. Ms. Evans said they had not, but would do so. Chairperson Hunn stated if they did move them, Staff could determine if it should go before the Commission for approval. Chairperson Hunn asked if they stepped the stucco bays on the west elevation to follow the concrete steps. Ms. Evans stated they did that so they did not have as much exposure. Commissioner Reynolds stated the bottom portion of the lot had a lot of trees and when they moved out the lines, they would lose a lot of them. Ms. Evans pointed out on the plans where the trees were that would be lost. Commissioner Vest mentioned the center stucco entryway feature. He stated he thought a thick wood belly band between the two elevations would look good. Ms. Evans stated her design concept was to make the center section different and would be willing to look at something like he mentioned. She stated she thought the elevation didn't look good in the drawing because one couldn't see the landscape in the walkway. Commissioner Vest verified the ceilings were 8'. He asked if they had considered anything for the steep pitch of 8:12 above the garage door. She stated they had thought about snow guards, which they could add. Commissioner Reynolds suggested a dormer as an option. Commissioner Railton asked if the windows were true divided windows or simulated divided windows. Ms. Evans stated they were simulated. Commissioner Railton asked what type of finish would be used on the siding. Ms. Evans stated it would be natural and they were currently investigating the ramifications of not putting a sealer on it initially so they could get a weathered look and then put a sealer on in a year. She stated worst case scenario would be to put the sealant on now and have a cedar house. Mr. Chris Evans stated that any water stains would be removed prior to sealing. Commissioner Schneiderman said there were semi -transparent stains that would give a grey look. Ms. Evans stated it was a uniform grey look and not the weathered look she was trying to achieve. Commissioner Schneiderman stated it was an interesting looking house, but she was concerned with the lack of landscaping along the driveway. Mr. Evans stated that they would put in more landscaping as money permitted. He stated they put in enough right now to meet the requirements of the Commission. Meeting Minutes April 2, 1996 Planning and Zoning Commission Meeting Page 8 Commissioner Schneiderman asked if any of the trees they were removing could be transplanted. Ms. Evans stated if they could, they would transplant. Mr. Evans stated he talked to Precision Tree Works in Avon to see if the current Aspens would grow any taller and they did not think they would; therefore, Mr. Evans stated he preferred to put in new trees that were not genetically mutated. Commissioner Schneiderman stated she understood where they were coming from, but did not think it was fair to hold them to less of a standard than other people who had come in to Commission. Commissioner Reynolds stated the applicants' lot was one of the most treed lots in Wildridge. He stated they had done an extensive amount of work just to get the house onto the steep lot and they were replacing most of the trees they were taking out of the ground. He also pointed out the lot was at a dead end next to Hazards. He stated he thought if they were putting shrubbery and natural grasses back in, it was a lot more than some people in Wildridge had done to their entries. Karen Griffith suggested putting in shrubbery instead of trees. Commissioner Schneiderman asked if they would have an irrigation system. Ms. Evans stated they would have a temporary irrigation system. Mr. Evans described it as a temporary drip line to the trees so they can take hold and once they had taken hold, the system would be removed. Commissioner Schneiderman stated she did not think that would work and asked the rest of the Commission their opinions. Commissioner Reynolds stated he used a temporary irrigation system and now waters them about twice a week. Ms. Evans stated she would be watering her trees and would not let them die after having the expense of putting them there. Commissioner Railton stated she thought they needed a good erosion material on the bank between the garage and the driveway and below the driveway, or it would just wash down into the road. Ms. Evans stated there were fences on the plan to avoid that. Commissioner Railton said with the excavation and driveway, it would make a mess on the streetside of the lot. She also stated there was no point in having a million trees in your backyard and none in your front yard because it doesn't do anything for it. Ms. Evans said she had spent a lot of time in Wildridge and there were not that many homes that even had Aspens on them and was uncertain why they were being held to that standard. Commissioner Railton suggested to pick something suitable to the area, but to please landscape it. Chairperson Hurn stated the applicants had a landscaping solution that was concentrated on one side of the home. He stated he thought Staff's suggestions were an adequate solution. He also stated people think by not having an irrigation system, they will save money on water. He stated there were studies that suggested that automatic systems Meeting Minutes April 2, 1996 Planning and Zoning Commission Meeting Page 9 helped reduce water consumption and the water restrictions in Wildridge made it pretty impractical to water an entire lawn by hand Commission's recommendations to heart. Motion He asked that the applicants should take the Commissioner Schneiderman made a motion to approve the single family residence for Lot 61, Block 1, Wildridge Subdivision with the following conditions: 1. Staff recommendations 2. Staff recommendation #2 be amended to read 12 shrubs, with an additional 5 trees that meet minimum Town standards be placed below and above the driveway along the driveway. Seconded by Commissioner Railton and the motion carried unanimously. D. Lot 25, Block 3, Wildridge Subdivision; Fox Residence Project Type: Single Family Residence Owners/Applicants: Tee & Lynn Fox Property Address: 4280 West Wildridge Road Karen Griffith explained the project. She stated the project met code and Staff was recommending approval with one condition, that the minimum plant size for the spruce trees be changed on the plans from 6" to 6'. The applicant, Mr. Tee Fox, was present to answer questions. Commissioner Railton said her only concern was that the roof material looked too dark. Commissioner Schneiderman asked if the dotted line on the landscape plan was the line of excavation. Mr. Fox stated, yes, it was the line of disturbance. Commissioner Schneiderman noted the plan showed revegetation with native grasses and drought resistant grass mix. She asked if the drought resistant grass mix was native grass. He stated they would use whatever type of grass would work. Commissioner Schneiderman said any kind would take as long as they watered it and she didn't care which kind they used as long as it was consistent. Commissioner Railton asked if he would have an irrigation system. Mr. Fox stated yes. Commissioner Schneiderman stated she thought it was a very cute house. She stated she thought he should lighten the roof color and that it could be approved by Staff. Meeting Minutes April 2, 1996 Planning and Zoning Commission Meeting Page 10 Commissioner Vest asked if the garage door was the same color as the siding. Mr. Fox stated the garage door would actually have the siding on it. Commissioner Vest verified he was using divided windows. Commissioner Reynolds stated his only comment was to lighten the roof. Commissioner Vest verified he had a direct vent to the side of the house for the gas fireplace, the bathrooms lined up and there would only be a few protrusions through the roof. Commissioner Schneiderman asked if Commission needed to see a light fixture cut sheet. Karen Griffith stated Staff could review them at time of building permit if Commission preferred. Commissioner Schneiderman asked if there were only light fixtures on either side of the garage and above the deck. Chairperson Hunn pointed out all of the fixtures and Commissioner Schneiderman stated she thought there were a lot. She also stated the exposed bulb on the back of the house was not allowed. Mr. Fox said they could take it out. There was a lot of discussion on lighting and Ms. Griffith asked Commission to make their decision clear in the motion. Chairperson Hunn stated the chimney mass projecting from the house did not present itself as a chimney below the roof and asked how they would return the mass to the home. Mr. Bud O'Hallaran, general contractor, stated it would be on a platform. Chairperson Hunn stated it was unfortunate that the mass was not carried to the ground. He also stated that most of the Commission members had commented favorable on the color pallet, but he thought it was a cold pallet of colors in an otherwise warm environment. He also agreed the roof was too dark. 1L• •1: Commissioner Schneiderman made a motion to approve the single family residence for Lot 25, Block 3, Wildridge Subdivision with the following conditions: 1. Staff recommendations. 2. The garage doors be sided and painted to match the body of the building. 3. A lighter colored roof material be chosen with Staff approval. 4. On the west elevation, the center light will remain, the end lights will be replaced with two in soffit spots. 5. On the east elevation, the twin spotlights will be placed under the roof overhang. 6. On the west elevation, the garage lights will be replaced by a twin spotlight placed under the deck members. Meeting Minutes April 2, 1996 Planning and Zoning Commission Meeting Page 11 Seconded by Commissioner Reynolds and the motion carried unanimously. Public Hearing A. Lot 25, Block 4, Wildridge Subdivision; Fowler Residence Project Type: Front yard building setback variance Owners/Applicants: Jeffrey & Therese Fowler Consultant: John Perkins Address: 5571 Coyote Ridge Chairperson Hunn stated that the applicant had requested to withdraw their application; however, it was posted as a Public Hearing. Chairperson Hunn opened the public hearing. Mr. Vaghn Speck, Lot 27, Block 4, WR, was present. He stated he really didn't know what the notice was all about and had come to the meeting to find out and understand how the meeting worked. George Harrison stated that the applicants had requested to Table the project based on the comments the applicants had gotten back from the Commission at the Concept Review meeting. He said they wanted to incorporate some of the comments they had received from Staff and the Commission and would bring the project back for final design and the 15' variance. Mr. Speck asked why the applicants were requesting the variance. Mr. Harrison stated the steepness of the lot sloped away from the road and as they moved the house farther down the hill, it was more difficult for them to construct a driveway that was not too steep. Mr. Harrison stated that he thought that most of the Commission was generally in favor of the variance. Chairperson Hunn stated that similar type variances had been requested and granted in the past for similar reasons. George Harrison stated he had also received a letter from a concerned neighbor, Mr. James Wiley. Commissioner Reynolds asked what property Mr. Wiley owned and Mr. Harrison stated he did not identify that. Commissioner Reynolds stated that letter writers should always identify which property they own within the 300'. Chairperson Hunn stated Mr. Wiley owned Lot 23. Chairperson Hunn asked what the next procedure was and if another public hearing would be given. Mr. Harrison stated another public hearing notice would not be issued. Commissioner Schneiderman stated Mr. Wiley brought up some valid points, like the shadows from the second story that would be cast onto the road. Mr. Harrison said it was 20' from building to pavement. Mr. Harrison stated as the application stood, Staff was not in support of the 2nd story on the 3rd bay. He said Staff thought there would not be as great of an impact on the streetscape by having a single story on the third bay. Mr. Harrison said the applicants had to be careful about imposing trees in the 10 foot snow Meeting Minutes April 2, 1996 Planning and Zoning Commission Meeting Page 12 easement because Public Works was concerned about putting that type of vegetation there. Mr. Harrison stated the first 10 foot of the property was the right of way and the 2nd 10 foot was for snow easement. Commissioner Schneiderman stated she had three evergreens on her property that she was almost sure were in the 10 foot snow easement and they were never affected by plowed snow. Chairperson Hunn stated the caution was that if by granting the variance that landscaping would be precluded by recommendation of the Town Engineer, it would play in the Commission's decision. Commissioner Schneiderman suggested that Staff needed determined if the Town Engineer had a problem with all landscaping or certain types of landscaping. Chairperson Hunn pointed out that the home was too tall. Chairperson Hunn closed the Public Hearing. Commissioner Railton made a motion to table the front yard building setback variance for Lot 25, Block 4, Wildridge Subdivision. Seconded by Commissioner Schneiderman and the motion carried unanimously. B. Lots 1 & 2, Wildwood Resort Subdivision; Colorado Alpine Nursery Project Type: PUD Admendment to allow temporary sale and storage of nursery stock and gardening materials Property Owner: Oscar Tang, Tanavon Corp. Property Address: 110 & 120 Buck Creek Road Karen Griffith explained the project. She said the application was an amendment to the PUD and that Planning and Zoning Commission's role was to make a recommendation to the Town Council on how to proceed. She said the application was for seasonal nursery sales and plant and material storage on the site. She said they were requesting plant sales for one season, through October of 1996, while they were requesting the storage of nursery stock and materials through October of 1997. Ms. Griffith stated they were building another site in Eagle County that had been delayed so they were desperately needing another site for this season. Ms. Griffith said the Staff was recommending denial based on the information outlined in the Staff memo. Commissioner Vest asked if the road to the Public Works facility was gravel. Ms. Griffith said it was and he raised a good point that it was gravel under gravel and an inaccuracy in the Staff report. Mr. Marty Jones presented the project. He said he understood that Staff was doing its job and following rules and regulations, but it was a very temporary situation. He said they had hoped to be open in Edwards by the end of the month, but because of the parcel they were dealing with, there were some complex legal issues. Mr. Jones said the county and its land use plan basically zoned them out of business because it was not economically feasible to put a garden center on commercial real estate. He stated they sought Lots 1 &2 Meeting Minutes April 2, 1996 Planning and Zoning Commission Meeting Page 13 because there was above ground water on the site for irrigation and they could use a temporary construction office like they did on the Christmas tree lot. He said it would be very similarly to what was approved for their Christmas tree lot. Mr. Jones continued that he thought the greenhouses, trees, plants, and shrubs would be an asset rather than a detriment to what was there now. Public Hearing Chairperson Hunn opened the Public Hearing. Seeing no one to comment, Chairperson Hunn closed the Public Hearing. Commissioner Reynolds stated if the project went through, he would like to see a retention system because the stream to the left was part of the Town of Avon's water supply. Mr. Jones clarified that the retention system would be used to prevent water from flowing back into the stream. Commissioner Reynolds stated they would be using fertilizer on their products and he was concerned with that. Mr. Jones stated that the topography of the site was such that the water would flow toward Pizza Hut and away from the stream. Mr. Jones stated that part of their business was to address environmental concerns and they had an image to uphold, so he did not think there would be any problems. Commissioner Reynolds stated that he did not have any problems with the facility because it was temporary for one year, but if they wanted to go a few more years after this year, they would need to show a permanent facility. Mr. Jones said that was not their intent and the owner of the property had his own plans for it. He stated they had already thoroughly developed their plans with the County and were waiting for a signature. He said by the time they resubdivided, rezoned, got a building permit, a highway access permit and got the structure up it would be October at the earliest. Mr. Jones said they would provide gravel parking. Commissioner Reynolds asked Mr. Jones if they were allowed to tap off of the surface water. Mr. Jones said to the best of his knowledge the water rights belong to the owner, Oscar Tang. Commissioner Reynolds said that he thought all water rights on the property were dedicated back to the Town. Mr. Jones stated that he knew it was an issue that had come up during the Mountain Star project and he believed that they sought permission from Oscar Tang to use the water. Ms. Griffith stated that she would research who had the water rights. Commissioner Vest stated he would not want to see the greenhouses past October of 1996. Mr. Jones said that they would have to come down because of snow and there would be no heat. Mr. Jones also said that it was just the trees on Lot 2 that he requested to keep on site until October of 1997. CommissionerNest said one of the shade structures was close to the bend that goes back to the Public Works facility and asked where the water would go when he watered his plants. Mr. Jones said they tried to manage their watering so there was a minimum of runoff, but obviously there would be Meeting Minutes April 2, 1996 Planning and Zoning Commission Meeting Page 14 some runoff. Commissioner Vest pointed out that the lot is basically dirt and a little gravel and there was not any grass to hold the moisture. Mr. Jones said the area was vegetated very well. Commissioner Vest stated that particularly in the industrial commercial zoned areas, the Commission wanted the applicants to throw gravel on the driveways during the construction of the lot because of mud problems. He said he thought it would be bad enough with the Town of Avon buses coming out of the area. Mr. Jones said that it was a retail operation and he did not want his customers walking around in the mud. Commissioner Vest asked what the times of operation were and Mr. Jones responded 8 a.m. to 5:30 or 6 p.m., so they would not need lighting. Commissioner Schneiderman asked about lighting for security purposes. He said that they would possibly use lighting and a motion detector on the trailer. He said in the past they had very little security problems and no problems with deer that would necessitate a fence. Commissioner Vest asked where signage would be located. Mr. Jones said the 4' square sign was dark green plywood and pointed out where it would be located. Commissioner Schneiderman said she could see a garden center there, but she couldn't see them doing it without some landscaping to shield some of the buildings. She said it could be of a temporary nature whether it be mounding up some of the plant material and just not selling it over the winter or whatever. She asked if there was a reason why the two long buildings were not placed 90 degrees so they were going back on the site and all that would be seen from the front were the short ends. Mr. Jones said for two reasons, 1. The north -south aspect was best for the plants, and 2. The traffic coming up the road under the overpass would be looking straight at the ends. He continued that they could attempt to store trees on site because it was in their best interest to make the site attractive. Commissioner Schneiderman said either way they would need some plant material around the edges to shield the buildings. She said whatever they used, she did not want to see the landscaping gone by midseason because they sold them. She said she was also concerned that by extending the storage use to October of 1997, people would think it was a freebie parking lot, like they have already. Mr. Jones said the Town of Avon used the area for storage and at that point, miscellaneous refrigerators, etc.. showed up there. Commissioner Schneiderman asked if they only needed to store plant material for Mountain Star. Mr. Jones said no, it was just because they had no place else to go. Commissioner Schneiderman stated they could move the temporary facility down and then go to the new facility in October. Mr. Jones said yes and no, it was a lot easier said than done. He said a problem would be relocating that much material. He continued that his plan was to vacate Lot 1 at the end of the season. He said they were looking for an alternate site for storage because their 1 acre lot in Edwards was not big enough. He said they were looking for an additional site farther down valley to store trees. He said they had something lined up and had the rug pulled out from underneath them. Comissioner Railton stated she would hate to not see Mr. Jones around this summer and was in favor of the project. She stated she thought as long as they condensed it as much as possible, kept it neat and tidy, and made it look as good as they could it would be okay. Mr. Jones said the office would be the same trailer they used for Christmas tree Meeting Minutes April 2, 1996 Planning and Zoning Commission Meeting Page 15 sales. He said they would probably move it closer to the parking area by extending the electric service. Commissioner Railton asked how the shade structure was made. Mr. Jones stated it was basically poles with fabric over them, very similar to what they had at the Garden Center in Eagle -Vail. Commissioner Schneiderman asked Staff how they felt about a condition of approval with landscape requirements. Karen Griffith said Staff could work with the applicant on a landscape plan or Commission could give a condition that the landscape plan come back. She said given the temporary nature of the project, she would feel comfortable either way. Mr. Jones said it would be difficult to come back with a temporary landscape plan and asked that they be aware that their goal in this business was to display their products in an attractive way. Ms. Griffith stated it sounded like the Commission was leaning toward approval and she thought Steve Hodges's recommendation of a bond to cover the clean up in the end was a good recommendation. Mr. Jones asked how much the bond would be and he pointed out that with the exception of a few posts frozen in the ground, they took care of the Christmas tree lot in a timely fashion. He said the trees that were there were brought in by the public. Steve Hodges stated it could be letter of credit, cash bond, or escrow. Mr. Hodges stated that other communities that don't require an exact amount for the clean up require $2,000.00. Ms. Griffith also asked Commission to consider a condition that the west edge of the parking lot be defined so vehicles were not everywhere. Chairperson Hunn asked if there was a culvert under Swift Gulch Road. Ms. Griffith said she was not sure. Mr. Jones stated that he knew they took one out, but he thought they had put it back. He said there was an asphalt apron there that was probably 8 inches higher than the road. Chairperson Hunn suggested a culvert, a swale, some surface treatment at the base of the heavily irrigated area, and magnesium chloride for dust control. He also suggested as a civic contribution, that once they were done with their use this summer, they could volunteer to scarify it, revegetate it, and cut a deep swale along Swift Gulch Road to prevent access to it. Mr. Jones said he had no problem revegetating it, but would want to get permission from the owner to cut a swale or place boulders on it. Mr. Jones also mentioned that truckers use the area to park, go to C -Mart to make phone calls or Pizza Hut for lunch and he thought the Town needed to address it. Mr. Jones stated he thought by inhibiting the parking, they were fixing one problem, but creating another. Karen Griffith stated she would want to check with Norm Wood on the grading issue and directing water toward the road. Mr. Jones said Ms. Griffith made a comment that summed everything up when he approached her for Christmas tree sales and the comment was that the Town really did not have any provisions for temporary uses. Meeting Minutes April 2, 1996 Planning and Zoning Commission Meeting Page 16 Steve Hodges said that the landscape material should be of a permanent or left up to Mr. Jones's discretion because it would a constant battle to count trees everyday. Motion Commissioner Schneiderman made a motion to recommend approval of the PUD amendment to allow temporary sale and storage of nursery stock and gardening materials for Lots 1 & 2, Wildwood Resort Subdivision with the following conditions: A clean-up bond, that can be a letter of credit, of $2,000.00 be issued to the Town of Avon prior to construction. 2. The applicant undertake to use temporary plant material in a permanent way for the full 5 month duration of the project on the west and south sides of the greenhouses. Commissioner Schneiderman stated that she based the recommendation of approval on the fact that it is a project of a temporary nature, as is the Swift Gulch project, and that normal PUD criteria do not apply. Seconded by Commissioner Railton. Further Discussion Chairperson Hunn asked that the following conditions also be included: 3. Drainage should be to the Town Engineer's satisfaction. 4. There will be dust control (magnesium chloride was highly recommended). 5. The western southwestern edge of the public parking area be defined so that there is a limit as to how much of the site they can park on. Commissioner Schneiderman added the following condition: 6. Strong recommendation that the applicant, at the time of departure, revegetate the site as well as do some sort of temporary blocking of access to the site, in coordination with the Town, to keep it private property. Seconded by Commissioner Railton and the motion carried unanimously. Other Business Meeting Minutes April 2, 1996 Planning and Zoning Commission Meeting Page 17 Regarding Avon Crossing, Lot 3, Avon Crossing, Karen Griffith stated the Commission recommended that the colors be changed to Cape Town green for the building, with Army green and brigade trim, to be alternated on buildings. Commissioner Schneiderman made a motion to approve the color change for Lot 3, Nottingham Station subdivision with the following condition: 1. Site review and approval by members of the board. 2. The decks and railings will be a natural redwood. 3. The posts on the deck will be the trim color. 3. Garage door color to be determined after site visit. Seconded by Commissioner Railton and the motion carried unanimously with Chairperson Hunn abstaining. Regarding Lot 10, Block 4, Wildridge, the McDonald residence, Ms. Griffith stated they wanted to confirm their colors with one change. She stated the stucco was a little bit darker grey than what was approved, but she thought the color was preferable. She stated the only color that was being changed was the window railing, which they all saw earlier in the meeting. Commissioner Schneiderman made a motion to approve the color change for Lot 10, Block 4, Wildridge. Seconded by Commissioner Railton and it carried unanimously. Chairperson Hunn stated that Swift Gulch road was a cloud of dust and he highly recommended magnesium chloride. Commissioner Reynolds stated he recommended paving it. Chairperson Hunn asked what the current attitude was in Wildridge regarding dog control. He said he had heard if one's dog was running loose, a warning would be issued, sometimes a second warning, and sometimes the dog goes to the pound, and sometimes the dog was brought home. Mr. Steve Hodges stated his policy was if the animal was out running by itself, a citation was issued; however, if the owner was with the animal, a written warning would be given. If the animal was behaving as if was on a leash, but the leash was absent, a verbal warning would be given. Meeting Minutes April 2, 1996 Planning and Zoning Commission Meeting Page 18 Chairperson Hunn stated he had observed that each morning about 7 a.m., the same dogs were out on the same streets and one owner, in his bathrobe, always looks to see how far they ran away that morning. Mr. Hodges stated his schedule was rotated and his early shift started with him driving on every street in Town and if he was not there the second the dog was out, he would not observe the violation. He said if he was working late, the last thing he did was drive on every street. Commissioner Schneiderman asked if someone called Mr. Hodges and said that an hour ago he saw a dog run across his lot - was that enough to site someone? He stated that a witness had to be complainant. He stated if it was not necessary to take the animal to the shelter, he did not do so. Chairperson Hunn suggested to Staff that if there were changes to the normally scheduled times for the meetings that a phone call would help to point it out to the Commissioners. Commissioner Schneiderman said she was having a hard time with the packets. George Harrison stated that staff would indicate which tab the information was under on the agenda. Karen Griffith asked the Commission if the site tours should be continued. Several Commissioners said they had a hard time making it by 5:00 p.m. Commissioner Schneiderman stated that some were worth it. Commissioner Railton suggested that if Staff was recommending denial, it might warrant a site tour. Chairperson Hunn asked Staff if there was an update on the newspaper stands on private property. Mike Matzko stated Staff was still working on it. Chairperson Hunn asked Staff if there was an update about underutilitzed parking in the Norwest Center. Karen stated that there was a note on the Condo map that any unassigned parking should be available to the public, so Steve Hodges would be taking action on it. Chairperson Hunn asked about Chateau St. Claire. Mike Matzko stated it was a mixed use project, but did not have residential condos. He said they were doing the plan review now and Commission would be seeing it in a few weeks. Karen Griffith stated they had to do a preliminary PUD. Chairperson Hunn asked if a traffic study would be required. Ms. Griffith said she had not discussed it with the applicants. Chairperson Hunn said that anyone exiting trying to travel west with the volume of traffic at the light, would have a difficult time. Commissioner Reynolds stated that the original approval of T.J. Connor's warehouse was with a turnaround. He said the turnaround was now garbage storage. He said sometimes Meeting Minutes April 2, 1996 Planning and Zoning Commission Meeting Page 19 on a snowy morning, he has to wait ten minutes for a guy to put his chains on and he thought it was silly to allow them to turnaround on the road. Steve Hodges agreed with Commissioner Reynolds that Commission originally approved the turnaround, then approved the garbage storage later. Chairperson Hunn stated that if Commission made an error in approving the garbage storage, because the turnarounds were an important part of the original approval, what opportunity did they have to make a change with the dumpster? Commission asked Staff to check out the situation. Chairperson Hunn asked if there were any other outstanding issues that would prevent a C.O.? Commissioner Schneiderman mentioned the dumpster roof. Steve Hodges said he would bring the conditions of approval to the next meeting. Commissioner Schneiderman said she thought it was discouraging that only the written record of the meetings could be used, not the tapes, when slip ups happened. Mike Matzko said it was a common practice. Commissioner Schneiderman stated the common practice did not work for them. Chairperson Hunn stated he thought the problem all started with incomplete drawings, the Commission tries to fill in the gaps, the motion has conditions, and then there were misinterpretations. Ms. Griffith stated that when Staff recommends denial and then Commission approves the project, she thought they should consider tabling to give Staff a chance to research it and give them a complete list of conditions. She stated in those cases, they reviewed it as denial and did not have a back up list of conditions for approval. Chairperson Hunn mentioned Lot 25, Block 4, Wildridge, from the Concept Review agenda, and said that it appeared that it was not a hardship and the reason for the variance was to create a third car garage. Commissioner Schneiderman stated that she thought it was an asset. Chairperson Hunn agreed, but wondered if it was enough of an asset to grant a variance. He suggested they could put a shed roof on it, brought the roof mass down, kicked in a small dormer to get a window out of the bedroom, they could do a more sensitive job of lowering the mass as it came back down to the road. Commissioner Reynolds stated that Lot 15, Block 4, Wildridge was more than 2400 square feet. He stated it was over 3,000 sq. ft. now. Karen Griffith stated that Commission members should feel free to mention those types of errors during the meetings. Commissioner Reynolds stated for 5,000 sq. ft., he would have parking for 12 cars. Commissioner Schneiderman stated it was for 6 cars and by today's standards, that was legitimate. She also mentioned that she thought they needed new standards. She stated what concerned her was that if he ever sold the house, there would be a lot of people living there. Karen Griffith mentioned that not more than 4 unrelated adults could live in Meeting Mir.ULeS April 2, 1996 Planning and Zoning Commission Meeting Page 20 one unit per Town of Avon standards, but it was hard to enforce because if the people were related, it did not apply. Adjournment Commissioner Reynolds made a motion to adjourn the meeting. It was seconded by Commissioner Schneiderman and the meeting adjourned at 10:25 p.m. Respectfully submitted, Jacqueline Halburnt Recording Secretary R. Schneiderman B. Stanley H. Vest �-