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PZC Minutes 041798Record of Proceedings Planning and Zoning Commission Meeting Minutes April 7, 1998 Regular Meeting The Regular Meeting of the Town of Avon Planning and Zoning Commission was called to order by Acting Chairperson Chris Evans at 6:00 p.m., April 7, 1998, in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, CO 81620. Members Present Mike Dantas Chris Evans Anne Fehlner Sue Railton Michael Schneider Beth Stanley AGENDA I. Call to Order Staff Present Beth Salter, Recording Secretary George Harrison, Planner Acting Chairman Commissioner Evans called to order the meeting, April 7, 1998, at 6:00 P.M. II. Roll Call All Commissioners were present except Commissioner Karow. III. Additions and Amendments to the Agenda None IV. Conflicts of Interest Commissioner Stanley declared a conflict of interest with Lot 7, Block 2, Benchmark at Beaver Creek Subdivision — Beaver Bench Condominiums. Commissioner Railton declared a conflict of interest with Lot 52, Block 4, Wildridge Subdivision and Lot 25, Block 2, Wildridge Subdivision. Commissioner Dantas declared a conflict of interest with Lot 100, Block 1, Wildridge Subdivision. Commissioner Schneider declared a conflict of interest with Lot 46, Block 4, Wildridge Subdivision. V. Consent Agenda A. Approval of the March 17, 1998 Planning & Zoning Commission Meeting Minutes. Motion Commissioner Dantas moved to approve item A of the Consent Agenda. Commissioner Schneider seconded the motion. The motion passed with Commissioner Stanley abstaining. B. Lot 7, Block 2, Benchmark at Beaver Creek Subdivision —Beaver Bench Condominiums Project Type: Material and Color Modification Property Owner: Beaver Bench Condominium Association Applicant: Darrell Cooter Address: 0414 West Beaver Creek Boulevard Motion Commissioner Railton motioned to move item B to Final Design item A on the Consent Agenda. Commissioner Mike Dantas seconded. The motion passed unanimously VI. Concept Review A. Lot 52, Block 4, Wildridge Subdivision — McKenney Duplex Project Type: Residential Duplex Property Owner: Chuck McKenney Applicant: John Railton, Railton McEnvoy Architects Address: 5183 Longsun Lane George Harrison said this lot is currently developed with a single family home and is zoned for duplex use. The applicants are now proposing to build the second unit. One unit was built, but the second unit was never started. The applicant is now proposing access to the second unit with a separate driveway. The staff supports the dual driveway design. Commissioner Schneider asked if the applicant was going to repaint the existing house to match the new one. Mr. Railton said they would. Commissioner Schneider asked if the driveway access plan was going to be put in as originally approved. Mr. Railton said yes, that they would probably use the same plans as approved before. Commissioner Stanley questioned the height of the building. Mr. Railton said he would drop the height 6 inches if there seemed to be a problem. Commissioner Evans said he did not see any problems with the project. Mr. Railton asked if he could get his colors and or materials approved at this meeting for this project. Commissioner Evans thanked the applicant and reminded him that these comments were general and did not contribute any level of approval. Motion No action was taken. VII. Final Design Review A. Lot 7, Block 2, Benchmark at Beaver Creek Subdivision —Beaver Bench Condominiums Project Type: Material and Color Modification Property Owner: Beaver Bench Condominium Association Applicant: Darrell Cooter Address: 0414 West Beaver Creek Boulevard George Harrison said the applicant is replacing their existing Masonite siding with Alside vinyl siding and replacing the deck railing with a metal deck railing painted to match the darker trim color pebble. George Harrison presented color and material samples to the commission. Motion Commissioner Dantas moved to approve the Final Design for Lot 7, Block 2, Benchmark at Beaver Creek Subdivision. Commissioner Schneider seconded the motion. The motion passed unanimously B. Lot 10, Block 2, Benchmark at Beaver Creek Subdivision — Hines Residence Project Type: Remodel and Addition Applicant / Property Owner: Frank Hines Address: 0610 West Beaver Creek Boulevard George Harrison presented the staff report. Motion Commissioner Dantas moved to approve Final Design for Lot 10, Block 2, Benchmark at Beaver Creek Subdivision, as depicted on the application, subject to staff review and approval of roof color. Commissioner Schneider seconded the motion. The motion passed unanimously. C. Lot 25, Block 2, Wildridge Subdivision — Kaloz Fourplex Project Type: Residential Fourplex Property Owner: Susan Kaloz Applicant: John Railton, Railton McEnvoy Architects Address: 2900 June Creek Trail George Harrison presented the Final Design application for a proposed residential 4-plex, with contemporary architecture, stucco siding and cedar trim. The site is on the corner of Old Trail Road and June Creek Trail right across from the soon-to-be built Wildridge Park. Because it is a corner lot it has two front yards. The site slopes upward and downward toward the northeast. The project is in conformance with the zoning code and other applicable regulations with the one exception of the grading. Grades of the driveway exceed 8%; maximum for multifamily houses as set forth in the newly approved Planning and Zoning Commission Rules Procedures and Regulations. George Harrison said staff is recommending approval to this project with two added trees to the north of the guest parking spaces and the driveway not to exceed an 8% grade. John Railton presented a model of the project. Commissioner Dantas asked if there was anything the applicant could do to dress up the upper elevations. Mr. Railton said there are some stone walls in the final design, which adds a lot of architectural elements to this project. Commissioner Schneider asked about the landscaping on the north side of the parking area. George Harrison said that staff felt there would be enough trees to screen the headlights from the neighboring duplex. Mr. Railton said they would leave undisturbed almost 50% of the site. Commissioner Schneider said he would like to see quite a few trees preserved. George Harrison said the driveway exceed the 8% grade at the place where the driveway meets the garage. Motion Commissioner Schneider moved to approve the Final Design for Lot 25, Block 2, Wildridge subdivision, as depicted on the application with the following conditions 1. That the driveway does not exceed an 8% percent grade. 2. Two additional deciduous trees be added immediately north of the guest parking spaces. Commissioner Dantas seconded. The motion passed unanimously. D. Lots 2 & 3, Block 2, Wildridge Subdivision — Schifanelli Duplexes Project Type: Two Residential Duplexes Property Owner: Schifanelli Enterprises Applicant: Tab Bonidy, TAB Associates, Inc. Address: 3150 & 3170 Wildridge Road George Harrison outlined the project, stating that staff recommends final design approval for the two proposed duplexes on Lots 2 and 3, Block 2, in Wildridge. Commissioner Stanley asked about the parking shown on the plans for lot 2, unit 1. George Harrison said this was to function as additional parking. Room for turning around would be the use of the driveway of unit 2 so as not to be backing up over the 12 foot cut. Commissioner Railton asked about landscaping on the south side of unit 1. Mr. Greg Macik, representing the applicant said there had been landscaping added to both ends of lot 2 and lot 3. Commissioner Railton said driving down the road you can see the south end of the building, so landscaping was important to this project. Commissioner Dantas asked if the project could carry the landscaping further down the hillside because of the large cut into the hillside. Tab Bonidy with Tab Associates pointed out how far the trees go down the hillside, and said they intend to plant approximately 20 serviceberry bushes in that area. Commissioner Schneider asked what type of fence was to be put in. Mr. Bonidy said a split rail fence with natural color and seal coated. Commissioner Stanley said she would also like to see more landscaping. Commissioner Evans said he agrees with the comments regarding landscaping, it would help break up all the asphalt and give the wall some vertical relief. He asked Staff if snow storage would be allowed at the East End. George Harrison said yes and recommended that the rock cut for the driveway be stated in the report so it would require the applicant to work with Staff to come up with a solution that would work well for the community once they find out what they are being confronted with. Motion Commissioner Railton moved to approve the Final Design for the two proposed duplexes on Lots 2 and 3, Block 2, Wildridge Subdivision, as depicted on the application and plan set date March 3, 1998, subject to the following conditions: 1. The rock cut north of the driveway be screened with landscaping or other acceptable method. Final driveway design to be approved by staff. 2. A continuous fence or railing be installed along the entire edge of the rock cut. 3. Address monument (rock) to be located on property (outside of right-of-way). 4. Existing Serviceberry bushes should be transplanted on the site. 5. More landscaping to be added to the South side of unit 1. Commissioner Stanley seconded the motion. George Harrison asked the commission regarding the fifth condition if they would be happy with the bushes being transplanted. The motion passed unanimously. E. Lot 100, Block 1, Wildridge Subdivision — Karow Duplex Project Type: Residential Duplex Property Owner: Andrew Karow Applicant: Dave Dantas, Dantas Builders Address: 2290 Old Trail Road George Harrison outlined the application, stating that staff recommends approval for the duplex design on this lot subject to the four conditions depicted on the application and plan set dated March 17, 1998, conditions with a sixth condition added stating the color board is subject to staff approval, therefore if the staff feels there is something out of the ordinary they would present to the commission. Commissioner Evans asked if condition number two was to mean that there would be a total of six trees planted on the lot. George Harrison said yes. Commissioner Evans said there are to be six trees planted. Then he asked if a 4-12 pitch on a roof in Wildridge fit into the guidelines George Harrison said yes. Motion Commissioner Schneider motioned to approve Final Design for Lot 100, Block 1, Wildridge Subdivision, as depicted on the plan set date March 17, 1998, subject to the five conditions outlined in the staff report 1. Grading shall be contained on the lot and all grading shall conform to the 2:1 maximum slope. 2. One coniferous and two deciduous trees shall be planted on the north side of each unit. 3. All proposed sagebrush plantings shall be within the limits of disturbance, and a minimum 5 -gallon size. 4. Serviceberry shall be transplanted to a location to be approved by staff. 5. The head in parking shall be revised to minimize disturbance to the site and be approved by staff. 6. A color board must be brought back before the staff for their approval. 7. The limits of disturbance be reevaluated by the applicant and approved by staff. Commissioner Stanley seconded. The motion passed unanimously. F. Lot 46, Block 4, Wildridge Subdivision —Schneider Residence Project Type: Site Plan Modification Property Owner: Glorie Schneider Applicant: Michael Schneider Consultant: Dwayne Ferhinger, Inter -Mountain Engineering Address: 4765 West Wildridge Road George Harrison referred the commission to the site plan in their packets. He explained that the most of the materials to be excavated were to be exported from the site. However during this projects construction all excavation material was deposited on the hillside below the building. This has increased the area of site disturbance by approximately 140%. And it raised the grade level by nearly 6 feet. He said when staff received the applicant's proposal to modify the site plans the staff reviewed the seven design review considerations and found that the proposal was not in conformance with considerations numbers 1,4,5,6 and 7. The existing vegetation has been effected. The Staff recommends the increased areas of disturbance should not only be re-established but that the visual impacts to the hillside be should be mitigated through the replacement of sufficient indigenous vegetation such as sage and serviceberry bushes. Commissioner Evans asked the Staff if they felt the original propose limits of disturbance were not achievable. George Harrison said that staff felt comfortable with the original site plan. Dwayne Ferhinger with Inter -Mountain Engineering said if they pulled all the dirt back up it would disturb everything again and would require more retaining walls and the end result would look more offensive. He asked about planting wild flowers over this. Commissioner Dantas said he would like to see a condition requiring the applicant to plant 400 sagebrush plants over the disturbed site. Commissioner Railton said the applicant should clean up the rocks and double seed the site and re -plant with native bushes. She said there is too much of this going on in the Town of Avon and we should be taking out a bond on the contractors to cover the unexpected that might happen. Commissioner Evans said he agrees with Commissioner Railton that the site needs to be re -planted and re -seeded. Taking the dirt out is going to tear up the site some more. He would hope that what ever motion happens that it carries enough of a pentaly with it that within one year this site is return back to its original condition. Motion Commissioner Railton motioned that we approve the Site Plan Modification for Lot 46, Block 4, Wildridge Subdivision, with the following conditions, that the fill be cleaned up of rocks and be feathered back to all edges to meet the existing grade. Topsoil be brought in to cover the disturbed area up. This area be re- seed with native grasses, established replanting of sage brush and serviceberry bushes be re -planted at the bottom 1/3 and native grassed on the top 2/3 of the fill, with the final condition that a Final Landscape plan be brought back to the commission for final approval. Commissioner Dantas said we should table this and have the applicant come back with numbers that are going to work so as not to waste their time. Commissioner's Evens said re -planting the bottom third is not good enough from his standpoint. He said he wants the dirt (if it is not going to be removed) covered and restored to its natural environment. Commissioner Railton resended her first motion and moved that the Site Plan Modification for Lot 46, Block 4, Wildridge Subdivision be table with the conditions that this site be restored to original conditions with in one years time. Commissioner Stanley seconded the motion. Motion passed with Commissioner Evans opposing the motion. Commissioner Evans said that when this Site Plan Modification for Lot 46, Block 4, Wildridge Subdivision, comes back before us he is not in favor of leaving the dirt there. He would like the dirt removed and this site re -landscaped to meet its original state within a period of one year. VII1. Public Hearing A. Residence Project Type: Variance for Structural Retaining Wall in Front Yard Setback Property Owner: Glorie Schneider Applicant: Michael Schneider Consultant: Duane Fehringer, Inter -Mountain Engineering Address: 4765 West Wildridge Road George Harrison said the applicant is requesting a variance to place a structural retaining wall in the 25 - foot front yard setback. During construction a survey error occurred while which resulted in lowering the building approximately 5 feet than the approved building permit plans indicated. As a result, the amount of retainage required to accommodate the driveway increased in wall height from 4 -feet to slightly over 6 feet at its highest point. To reduce the retaining walls height the applicant is proposing a slight cut in the 10 -foot slope maintenance drainage and snow storage easement. Town engineering has reviewed this proposal and support the application. The retaining wall will be constructed of stone with a 37 -foot length of concert behind the garage to maintain adequate backing distance. Commissioner Railton asked about the parking for this project. George Harrison said there are 2 parking spaces in the garage and one directly in front of the garage. The staff reviewed the variance request with respect to the these criteria: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Since the retaining wall is hidden beneath the roadway, it will not visually encroach on the West Wildridge Road streetscape. The residence should also screen the wall from neighboring properties. 2. The degree to which relief from a strict of literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among the sites in the vicinity, or to attain the objectives of this title without grant of special privilege. A primary objective of front yard setbacks is to create a minimum distance structures are located from the adjacent public road, to maintain an appealing streetscape pattern that prevents structures from "crowding" the public streets. Because the retaining wall is below the street level and not visible from West Wildridge Road, it will not violated the front yard setback objective. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities and public safety; Staff suggests placing a barrier such as split rail fence of shrubbery directly above the retaining wall's tallest portions. The barrier would not keep a person or vehicle from falling off the all, but would provide a visual warning of the all's presence. 4. Such other factors and criteria applicable to the proposed variance. The concrete portion of the all should blend visually as much as possible with the surrounding rock retaining wall. This could be achieved by using colored concrete, with a textured surface. Staff is recommending approval of Planning & Zoning Commission Resolution #98-2. Commissioner Railton asked if we checked to see if it was 6 foot as proposed. George Harrison said we would require an Improvement Location Certificate to verify the wall's height. Commission Railton asked if the driveway would now conform to the guidelines. George Harrison said the maximum slope for the driveway is proposed at just under the original grade that was approved was 9% at its steepest point. Commissioner Dantas said the whole front of this proposal does not seem to work. He said he would object to the 11 % grade, this is too steep. Commissioner Evens said he thought there was a cap regarding single family residence that the driveway should not exceed a 10 percent grade and anything over that required heating. Duke Fairenger said the slope on the driveway is 10.8%. He said there is not much that can be done with the driveway. They lengthened it as much as possible to reduce the slope as much as possible. As far as the retaining wall goes we could put in a solid rock retaining wall and keep it at 4 foot but it would reduce the distance from the garage to that wall 21 feet. With the hammerhead they believe there would be plenty of room to turn around with the 21 feet. Commissioner Railton said with only 21 feet now you have done away with your parking space in front of the garage. George Harrison said Town of Avon standard parking dimensions is 18 feet deep and 9 feet wide. Commissioner Dantas said the driveway is too steep and the applicant does not want to heat it. He said the retaining wall on the West Side is a problem also. Motion Commissioner Stanley moved to approve Resolution 98-2, granting of Variance from the "Minimum Front Yard Setback" requirement of Title 17 of the Avon Municipal Code for the placement of a structural retaining walls in the front yard setback, as depicted on the plans dated "received" March 18, 1998, for Lot 46, Block 3, Wildridge Subdivision, Town of Avon, Eagle County Colorado, based upon the following findings: A. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties of improvements in the vicinity; B. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district C. That the variance is warranted for one or more of the following reasons: 1. The strict, literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title; 2. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone; 3. The strict or literal interpretation and enforcement of the specified regulation deprive the applicant of privileges enjoyed by the owners of other properties in the same district. And is approved with the following conditions: 1. A barrier be placed directly above the retaining walls tallest point to provided a visual warning of the walls presence 2. The concert portion of the wall is colored to blend visually as much as possible with the surrounding rock retaining wall and a textured surface is applied. Commissioner Railton seconded the motion, the motion passed unanimously. IX. Other Business Staff Approvals Lot 27, Block 1, Wildridge — Hunn/Willis Duplex George Harrison said staff approved a design modification to this duplex that was approved last fall. The applicant is reducing the square footage of this project. Staff felt the change is so minor that it did not warrant being brought before the Planning & Zoning Commission. Commissioner Evans asked that everyone help get the word out to the builders to help clean up all the trash in the Wildridge area. Commissioner Schneider asked when would the shed in Wildridge be painted. Commissioner Stanley asked if the road damage that Warner Development created two years ago was going to be fixed. Steve Hodges said to call Bob Reed at Public Works for help to get this problem fixed. George Harrison updated the Commission on Vail Valley Centre, Lot C, Chapel Square, Cheatu St. Claire, Swiftgulch, and Folson Tract. ADJOURN Commissioner Railton motioned to adjourn. Commissioner Schneider seconded the motion. Meeting adjourned at 9:05 P.M. Respectfully Submitted Beth Salter Recording Secretary Mike Dantas Chris Evans Anne Fehlner Andrew Karow Sue Railton Michael Schneider Beth Stanley