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PZC Minutes 120396Record of Proceedings Planning & Zoning Commission Meeting Minutes December 3, 1996 Regular Meeting The Regular Meeting of the Town of Avon Planning and Zoning Commission was called to order by Chairperson Jack Hunn at 7:47 p.m., December 3, 1996, in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, CO 81620, with Commissioner Schneider absent. Members Present Jack Hunn Andrew Karow Sue Railton Michael Schneider Beth Stanley Henry Vest Agenda Call to Order Roll Call Staff Present Linda Donnellon, Recording Secretary Karen Griffith, Town Planner George Harrison, Planner Mike Matzko, Community Development Dir. Steve Hodges, Community Service Officer Additions and Amendments to the Agenda George Harrison requested that item B on the Consent Agenda be moved to follow after Other Business. Conflicts of Interes,t II'WIW Consent Agenda A. Approval of the November 19, 1996 Planning and Zoning Meeting Minutes Motion Commissioner Karow moved to approve of the Consent Agenda. Commissioner Vest seconded the motion. The motion passed unanimously. j Ap&z\minutes\1996\120396.doc Final Design Review Lot 1, Avon Town Square Subdivision - Slifer, Smith and Frampton Building Project Type: Tenant Sign Property Owner: Slifer Management Company Applicant: Vail Architectural Group Property Address: 0030 Benchmark Road George Harrison made a brief presentation outlining the staff report. Tab Bonidy, Vail Design Group, presented color photos and made a brief presentation to the Commission. The sign will be a permanent sign, replacing the current temporary sign. Commissioner Vest asked about the letter from the president of the Association and agreed with staff recommendations.. Mr. Bonidy said all but one (1) tenant approved of the proposed sign. Commissioner Karow approved of the tenant sign design, but was concerned that the sign did not conform with the master sign program. Commissioner Railton agreed with the comments made by Commissioner Karow. Mr. Bonidy stated that the color of the sign was a grayish, two tone steel color. Chairperson Hunn commented on the lack of conformity of the proposed tenant sign. Commissioner Railton recommended that the color of the sign be lighten to match the other existing tenant signs. Motion Commissioner Karow moved to deny the proposed sign as presented as part of the application dated November 21, 1996, based upon its failure to comply with the building's established Master Sign Program. Commissioner Stanley seconded the motion. The motion passed with Commissioner Vest opposing. Rezoning Review Lot 22 and Tracts A & B, Block 2, Benchmark at Beaver Subdivision - Avon Market Project: Type: Rezone to and Review of PUD for Mixed -Use Commercial and Residential Development Owner/Applicant: Leo Palmos, Palmos Development Address: 0200 East Beaver Creek Blvd. Mike Matzko made a brief presentation outlining the staff report. Paul Trementozzi presented a model, color rendering, and photographs to the Commission. 2 Discussion followed regarding the recommended changes from staff and Commission; access, right away dedications, access around the rear of the building, reduction of office use in Building 3, and large canopy trees. Mr. Trementozzi stated they were 29 parking spaces short, but stated that he anticipated that the number of units would decreasing to offset the shortages of parking space. Chairperson Hunn re -opened the Public Hearing. John Haley, Manager of City Market, stated that he was in support of this project. Kate Carey, Director for the Chamber of Commerce, stated that she was in support of this project. Peter Koliopoulos, Architect, stated that this would be beneficial to the Town of Avon, and that the mixed-use development would be very important to the year round community and stated support of this project. Sharon Kaman, Owner of Mountain Man Store, stated that she was in support of this project. Bob Doyle, owner of Bob's Place, stated that he was in support of this project and that it would be very beneficial to the Town. Greg Kraft, owner of Chicago Pizza, asked the Commission to approve this project, and was in support of this development. Charlie Gersbach, Realtor, made a brief presentation regarding the growth and dreams of Avon, and asked the Commission to approve this project. Mike Matzko stated that the parking requirement for this project was based on the mixed-use formula. Chairperson Hunn asked if any other member of the audience wished to comment on the project. Hearing none, he opened Commission review. Commissioner Railton commented on the following issues; number of parking spaces, who would use these parking spaces, and how many parking spaces were allotted per shops, offices and residents. She was concerned about the parking angels for the Chapel. Commissioner Karow agreed with the comments and concerns made by Commissioner Railton. He was concerned with the following issues: number of parking spaces and availability, criteria number seven (7) from the staff report, and transportation. Commissioner Vest commented on the recommend motion from the staff report, and agreed with the reduction of office space. Commissioner Stanley agreed with the pedestrian access from City Market, and was concerned about the three (3) traffic islands and traffic flow through this area. Chairperson Hunn was concerned about conditions from the November 19, 1996 meeting. regarding numbers 11 and 12 of the staff report, and asked staff if they were satisfied. Mr. Matzko responded that condition number 11 was considered moot and therefore removed from this staff report, and suggested that condition number 12 be reinstated. Chairperson Hunn discussed the November 19, 1996 meeting regarding the facade on Wal- Mart building matching Buildings B and C, as proposed in conjunction with the western expansion of the existing Wal-Mart building, approved as part of the PUD. Leo Palmos, Developer, said that Wal-Mart liked the new project, and would do their expansion sometime next spring. Chairperson Hunn expressed concerns about the pedestrian access, should the Stolport area be developed. Mr. Trementozzi used a color rendering board to describe the pedestrian access to the Stolport property. Chairperson Hunn was concerned about the parking issues and agreed with the comments made by Commissioner Karow. He mentioned that the Town should look at the issues and provide solutions that would be implemented at the same time as this project. He also wanted to remind the Commissioners that the purpose of meeting was to make a recommendation to Town Council, and that one outcome of the PUD negotiation could be a relief to some of the parking requirements. Chairperson Hunn stated that it was a policy decision to grant this relief for some of the parking requirements, and that this decision rested with the Council. Referring to the parking deficit, Tom Braun asked that the Commission support this project. Motion Commission Railton moved to recommend that Town Council approve rezoning of Lot 22, Tracts A and B, Block 2, Benchmark at Beaver Creek Subdivision from SC to PUD, as described on the PUD Plan dated November 17, 1996, with the following conditions: 1. Provide eight housing units for which a household with a median income $56,800 can qualify, assuming a 30 -year, 9% fixed interest rate, and 5% down payment (or equivalent). 2. Dedicate to the Town a public right of way through Tracts A and B, and Lot 22, to the eastern property boundary of Lot 22. 3. Establish an access easement between the PUD and City Market. 4. All parking lot aisle and driveways allowing two way traffic be a minimum of 24 feet in width. 5. Provide a facade on the Wal-Mart building to match Building B and C, in conjunction with the western expansion of the existing Wal-Mart building approved as part of this PUD. Commissioner Stanley seconded the motion. The motion passed unanimously. Public Hearing Lot 8, Block 4, Wildridge Subdivision - Simon Residence Project Type: Special Review Use for Residential Bed and Breakfast Property Owner/Applicant: Marvin Simon Property Address: 5756 Wildridge Road East George Harrison made a brief presentation outlining the staff report. Discussion followed regarding the letters copied to the Commissioner prior to the meeting. Chairperson Hunn was concerned about two (2) letters sent by the same person. Commissioner Vest was concerned about the verbiage on the brochure. Commissioner Stanley asked the staff to clarify the recommendation regarding the brochure. E Brain Lewis, attorney for the applicants, clarified the word special occasions, and traffic issues. He made a brief presentation to the Commission. Chairperson Hunn reminded that the Commission consider this a new application. Mr. Lewis asked that the letters presented to the Commission after the notice date of the Public Hearing be stricken from the record. Commissioner Karow was concerned about the letters addressed from outside the Town's limits. Mr. Matzko responded that residency was not a requirement to submit Public input. Chairperson Hurn opened the Public Hearing. Hearing no public comment, he closed Public Hearing and opened Commission review. Bob Doyle, owner of Bob's Place, stated that he was in favor of the bed and breakfast, and was concerned about the oppositions from the letters submitted, and the Commission making a decision based upon the number of letters received either for or against the project, Commissioner Railton stated that she did not have any comments. Commissioner Karow read from Section 17.48.020, paragraph D, of the Zoning Code, and asked the applicant if he would be interested in a one (1) year time approval for the special review use. Marvin Simon responded that the approval for a specific time would be unacceptable, but a permit review would be acceptable. Mike Matzko commented on Mr. Simon's permit application suggesting the permit be granted for one (1) year review period after which if no objections are found to the operating of the Bed and Breakfast, that the permit be automatically renewed annually as long as the Bed and Breakfast operates in compliance of the approval. Mr. Lewis stated that the 1 (one) year time approval was acceptable, without complaints from the neighbors, with the conditions that full approval be granted following one year. Chairperson Hunn defined the three (3) criteria from the staffs recommendations, and was concerned about a letter submitted after the deadline for the Public Hearing. Staff responded that through the letter had not physically been received by the Town by the deadline, the fact that the letter had been sent via facsimile prior to the meeting, showed reasonable intent. Chairperson Hunn requested that the permit be reviewed within a one (1) year period. Commissioner Hunn referred to public input during the Comprehensive Plan regarding bed and breakfasts in the Wildridge Subdivision. He also asked about potential offsite lighting impacts. Mr. Simon responded the lighting issues have been addressed. Motion Commissioner Railton moved to approve Resolution 96-12, granting a Special Review Use Permit to operate a Residential Bed and Breakfast for Lot 8, Block 4, Wildridge Subdivision, based upon the finding that the proposed use satisfies the three considerations for a Special Review Use as stipulated in Title 17 of the Avon Municipal Code, with the following conditions: 5 Permit review after one (1) year by staff to determine that conditions of approval continue to be met. If there are no issues relating to the operation of this Bed and Breakfast, the Special Review Use permit will be automatically renewed. Commissioner Stanley seconded the motion. The motion passed unanimously. Lot 18/19, Block 1, Benchmark at Beaver Creek Subdivision - Metcalf Commercial Center Project Type: Special Review Use of Auto Service Repair Property Owner: DeClark Brothers, LLC Applicant: Walter J. Klaus Property Address: 0281 Metcalf Road Mike Matzko made a brief presentation outlining the staff report. Walter Klaus, owner and applicant, stated that he was the sole employee of this business. Commissioner Karow was concerned about the parking spaces. Mr. Klaus stated he understood the Commission's concerns regarding the parking issues, and stated that he worked by appointments only. Mr. Matzko stated that the number of cars would be 2 parking spaces per 1000 square feet, as per the code regulations for car repairs use. Chairperson Hunn opened the Public Hearing. Hearing no public comments, he closed Public Hearing. Mr. Klaus agreed to the parking requirements. Further discussion followed, that all vehicles will be parked inside the building, with no outdoor storage or repair of vehicles. Motion Commissioner Karow moved to approve Resolution # 96-13 granting a special review use permit for Lot 18/19, Block 1, Benchmark at Beaver Creek Subdivision for an auto repair facility, as described in the application dated September 24, 1996. Commissioner Railton seconded the motion. The motion passed unanimously. Other Business Staff presented a follow-up to the Commission's concerns expressed at the previous meeting. 1. Steve Hodges stated that the colors painted on the Metcalf Building was "Dove White" by Benjamin Moore, per the DRB approval. 2. Mr. Hodges also stated that Dr. Bryant's building was painted, whereas the approved plans showed the building as unpainted block. 3. Regarding grading plans and the removal of the dirt for the Finley residence, Mr. Hodges stated that the CO has not been issued for this project, and that the applicant stated that the landscaping would be according to the approved plan 4. The Morgan residence does have a TCO. Staff will ask the Morgans to lower the height of their weather station tower. ON 5. Bob Mach's roof heights are in the process of being corrected. 6. Construction and clean up for the library side walk is being taken care of. 7. Gravel and erosion control will be added to the driveway for the Metcalf project - Lot 18/19, Benchmark at Beaver Creek.. 8. Tenant sign encroaching onto an easement was discussed. Steve Hodges stated that they have 2 weeks to fix this problem. 9. "Sale" banners on Lot 1, Nottingham Station, GNC store were discussed. Mr. Hodges indicated that they are allowed to remain as temporary signs for 30 days 10. Mud control on Hurd Lane was discussed. 11. TCO's have been issued for some of the units in Canyon Run. 12. Update and time frame regarding the Pazzo's neon signs. 13. Commissioner Karow announced to the Commission that the Federal Banking Privacy Act forbids him from disclosing any details of his duties as a banker, and so prohibit him from detailing the nature of potential conflicts of interest. Further Discussion from the Consent agenda Lot 31, Block 1, Wildridge Subdivision - Mach Duplex Project Type: Final Design Modifications Owner/Applicant: Robert Mach Property Address: 2170 Long Spur Motion Commissioner Vest moved to approve the colors and design modification for Lot 31, Block 1, Wildridge Subdivision, as proposed by the letter dated November 27, 1996, with the following condition: 1. Roofing be either cedar shakes or asphalt roofing material (of minimum 300 pound weight and 30 -year life). Commissioner Karow seconded the motion. The motion passed unanimously. Adjourn Commissioner Stanley made a motion to adjourn the meeting. It was seconded by Commissioner Vest and the meeting adjourned at 10:50 p.m. Respectfully submitted, Linda Donnellon Recording Secretary 7