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PZC Minutes 091995RECORD OF PROCEEDINGS PLANNING AND ZONING COMMISSION MEETING MINUTES September 19, 1995 The regular meeting of the Town of Avon Planning and Zoning Commission was called to order by Chairperson Jack Hunn at 7:30 PM, September 19, 1995 in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. All members present except for Sue Railton and Beth Stanley. Members Present: Jack Hunn, Rhoda Schneiderman, Henry Vest Bill Sargis, Buz Reynolds Staff Present: Mike Matzko, Director of Community Development, Karen Griffith, Town Planner, Sheila Kremski, Recording Secretary CONCEPTUAL REVIEW (6:30 pm worksession) 1) Lot 36, Block 2, Wildridge Subdivision, Single Family, Meremonte 2) Lot 79, Block 4, Wildridge Subdivision, Duplex, Mendel -Allison CONFLICTS OF INTEREST None. CONSENT AGENDA 1) Lot 65-66, Block 1, Benchmark at Beaver Creek - Sign Program Amendment 2) Lot 36, Block 2, Wildridge Subdivision, Single Family, Meremonte 3) Lot 79, Block 4, Wildridge Subdivision, Duplex, Mendel -Allison 4) Approval of the September 5, 1995 Planning and Zoning Meeting Minutes Karen Griffith described the Consent Agenda. Henry Vest moved to approve the consent agenda with the addition of items #2, Lot 36, Block 2, Wildridge Subdivision, Single Family, Meremonte, with the conditions that all staff comments be made into staff conditions, all flashings be painted to blend with the roof or the body of the building, and all the meters be located on the building and 93, Lot 79, Block 4, Wildridge Subdivision, Duplex, Mendel -Allison, with the conditions that the town engineer approve the grading Planning & Zoning Commission Meeting Minutes September 19, 1995 Consent Agenda(Con.'t) plan, the landscape on the north side of house be staggered to avoid the linear look, staff approval of drawing to reflect change at the trellis area (in the model and not the drawings), meters be placed on the building, flashings and flues painted and the underside of decks and all deck members be stained. Seconded by Bill Sargis. Motion unanimously carries. FINAL DESIGN REVIEW Lot 2, Block 2, Wildridge Subdivision, Fence, Barron Staff stated the Commission reviewed this project at the September 5, 1995 meeting. It was tabled because the applicant was not present to respond to the Commission's questions. The applicant has not revised his proposal since that time; the report below is identical to the report submitted for the September 5th meeting. The applicant wants to construct a five-foot high rough cedar fence, sealed with a clear waterproofing, on both sides and behind his single-family house. Instead of placing the fence along the property line, as is customary, it would be located 10 feet inside of the side and rear lot lines, on the utility and drainage easement boundary lines. Total length would be 236 feet. Staff recommends denial. Mike Barron was present as the applicant and the owner. Mike explained he wants to erect a 5 foot, dog eared, cedar fence on the three sides of his property due to the fact that his neighbor rents out his house every year and at times he does not keep up his property. Mike handed out photos to the Commission of the disturbance. Chairperson Hunn questioned if the fence would be stained. Mike replied it would be natural. Buz Reynolds asked if the Mike had problems with both neighbors? Mike replied no, just to the east of his property. Mike also commented that either neighbor was not opposed to the fence. It would give his dogs somewhere to run since there is a leash law in Wildridge. Henry Vest noted the staff report stated the fence would be along the actual property line? Mike replied yes, along the property line and ten foot setback. Planning & Zoning Commission Meeting Minutes September 19, 1995 Lot 2, Block 2, Wildridge (Con.'t) Rhoda Schneiderman asked if there was any reason the applicant wanted to screen with a fence when landscaping would provide a better solution. Mike answered the trees would take years to grow to screen the east neighbor. He has been living with this problem for four years and does not see an end in site. Eventually it will become a conflict. Rhoda Schneiderman has a problem with the solid privacy fence. She feels this is a dangerous precedence to be a solution to any neighborhood conflict. Privacy fences are strongly discouraged in Wildridge. Chairperson Hunn discussed the Town Guidelines and the Planning and Zoning Commission Design Procedures Rules and Regulations speak about fences and similar type barriers have separate approval of the Commission except functional or decorative fences or walls may be approved as an interval part of the building design, wood fences are generally more acceptable than metal, limited use of fences is encouraged. The Wildridge Covenance is also strict about fences although this Commission does not enforce them. Chairperson Hunn expressed he was sympathetic to the problems the applicant is experiencing but he is frustrated that the town does not have rules that would help solve some of these problems currently they should work in that direction. Chairperson Hunn does not feel the fence will solve very many of these problems. Bill Sargis was concerned with helping the applicant solve the problem by either putting up the fence or having the town find a way to solve the disturbance. Chairperson Hunn suggested that the town adopt ordinances that would help to control these types of issues. Rhoda Schneiderman suggested tabling the project to the next meeting to have Steve Hodges present to see what has been done, what can be done, and what can not be done before she would be willing to vote for a fence. Mike stated that if the neighbor was notified about the complaining it would make more animosity if he is contacted by the town. Rhoda Schneiderman moved to table Lot 2, Block 2, Wildridge Subdivision, Barron, Fence. Seconded by Buz Reynolds. Motion carries. Bill Sargis nay. Planning & Zoning Commission Meeting Minutes 4 September 19, 1995 Lot 9, Block 2, Wildridge Subdivision, Duplex, Klein Staff stated this residential duplex will be located on a .25 acre site with a gentle (ten percent) north facing slope down and away from the road. Building materials include wood siding with stone accents and cedar shake shingles. The Commission reviewed the concept design on September 5, 1995, and made generally favorable comments. The parking has been moved out of the 10 foot paving setback. A wider curb cut is proposed, with two surface parking spaces on the east side of the site. The buildings are in the same location proposed for the concept plan. Landscaped area has been increased. Staff recommends approval with conditions. Ron Diehl was present representing the owners. Chairperson Hunn questioned that each side of the duplex could have 5 to 6 bedrooms and the parking requirements are based on the size of the home. Staff stated that code requires 3 spaces per side. Parking easements would be required after subdivision. Chairperson Hunn also questioned to exit the site would require backing out into the road. Not much maneuvering. Rhoda Schneiderman moved to approve Lot 9, Block 2, Wildridge Subdivision, Duplex, Klein, Final Design Approval with the following conditions: CONDITIONS: 1. the landscape chart be revised to include a key for the spruce trees; 2. a snow storage area be designated.on the site plan; 3. the applicant work with town engineer to relocate the entrance to the driveway further east to take advantage of larger turn around areas; 4. add six trees; 5. at the time of construction the applicant will put paint samples on the building with the actual building material and will be reviewrd by Planning and Zoning Commission and approved. Seconded by Bill Sargis. Motion carries unanimously. Town of Avon Recreation Center Gary Meredith was present as the applicant and the Project Manager for the Town of Avon Recreation Center. Adolfson & Peterson, Inc., the Design / Builder, has been requested by the owner to research options that might enhance the appearance of the exterior block work which from a distance looks like common unpainted concrete block Planning & Zoning Commission Meeting Minutes September 19, 1995 Town of Avon Recreation Cent (Con.'t) units. The Design / Builder per the contract specifications is to seal the exterior blockwork with a Siloxane Sealer, Baracade Siloxane 6. This Siloxane based product does not alter the appearance of the block and would require additional coatings every 3-4 years. An alternate sealer, Chemstop Luster Seal, is a clear acrylic sealer that would accentuate the colors of the stones within the ground faced block and slightly darken the block. This acrylic sealer would require additional coatings every 10-15 years making the increased cost of application cost effective. Gary stated the Town of Avon is proposing the use of this alternate sealer and requests the approval of this product from Planning and Zoning. The Commission noted that this was a very important decision and would like to see more options. Gary agreed to come back to the Commission with other options. Rhoda Schneiderman moved to table the Town of Avon Recreation Center. Seconded by Bill Sargis. Motion unanimously carries. PUBLIC HEARING Lots 1 & 2, Nottingham Station - Variance and Final Design Restaurant/Retail Staff stated the 1.38 acre site is located on the northeast corner of Avon Road and Hurd Lane, on a relatively level "bench" above Avon Road. The project includes two buildings, a Burger King drive-in restaurant and a six -unit strip commercial center. Both would face (and gain access from) Hurd Lane. The proposed Burger King is a 3,400 square foot building on the west side of the site, with a drive-through window and an outside seating area on the west side of the restaurant. The strip center is a 9,000 square foot building on the east side of the site. Both buildings will use natural stone siding and standing seam metal roofing. The Burger King has a flat roof with the trademark red accent bands. The roof line of the commercial center is stepped and features a tower for visual interest The variance request is to allow a portion of 11 parking spaces to encroach upon the front 10 foot paving setback. Bill Oldershaw was present as the applicant. Sandstone window sills as well as wood doors, not your typical Burger King. All of the recommended changes from the last meeting were addressed. The landscaping is now 20% plus on the site and off site 27%. The trash enclosure will be on the east side. The patio on the east side of the building will considerable landscaping added to that area. Planning & Zoning Commission Meeting Minutes September 19, 1995 Lots 1 & 2, Nottingham Station (Con.'t) Rhoda Schneiderman questioned the type of landscaping was mostly low like shrubs and would like to see some screening landscaping for instance trees. Bill explained he has added more landscaping from the suggestions at the conceptual meeting. Chairperson Hunn was interested in the full elevations on the strip center. The Burger King has stone venire on all four elevation and the strip center in the combined elevation shows it has some stone but it is hard to tell what the rear looked like and what about the red band. Bill replied stucco was planned for the rear since it was not as visible. The red is up to the Commission. Chairperson Hunn agreed that the Burger King could have the red band but the strip center should have maybe green to match the roof and match the signage. Chairperson Hunn asked staff if a sign program was required? Staff answered yes, one is required but at a later date. Bill explained that the site lighting has some specifics to make the parking lot safe. The signage has to ordered quickly so if there is a way to decide tonight it would help the project. The lettering is white, not like the traditional gold. Buz Reynolds suggested seeing all of the lighting and the signage come back to Planning and Zoning to do a thorough review. Chairperson Hunn questioned if this would be an all night operation? Bill replied no, so the lighting would be less when closed. Chairperson Hunn opened the public hearing. No comment. The public hearing was closed. Planning & Zoning Commission Meeting Minutes September 19, 1995 Lots 1 & 2, Nottingham Station (Con.'t) Henry Vest moved to approved Lot 1 & 2, Nottingham Station, Variance to allow eleven parking spaces to encroach into the 10 foot parking setback with the following findings: FINDINGS: A. The relationship of the requested variance to other existing or potential uses and structures in the vicinity; B. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege; C. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety; Seconded by Bill Sargis. Motion unanimously carries. Rhoda Schneiderman moved to approve Lots 1 & 2, Nottingham Station, Final Design Approval with the following conditions: CONDITIONS: 1. the town engineer approve the final grading plan; 2. the landscape plan return to the Planning and Zoning Commission for approval; 3. the shopping center top linear cap will match the green roof color; 4. the sign program for the shopping center and the lighting for the building and the parking lot will return for Planning and Zoning approval; 5. all building roof top mechanicals to be painted to match either the roof membrane or the green roof color whichever it is closer to; 6. staff conditions the applicant to revise the site plan to show connections between the sidewalk along the site frontage with the side walk to the west on Avon Road and the sidewalk to the east on Hurd Lane and upon staff approval of those revisions, the applicant may apply for a building permit. Seconded by Henry Vest. Motion unanimously carries. Avon Village Annexation Staff stated they have worked with Ben Herman, planning consultant, and have taken the comments from the public hearing and the discussions with Town Council and the Planning and Zoning Commission and redrafted the ordinance. The Zoning Ordinance was referred to Planning and Zoning Commission for recommendation by the Town Council. The Town Council has delayed the second reading on the PUD as well as the Annexation Ordinance until October 10, 1995. Staff recommends opening the public Planning & Zoning Commission Meeting Minutes September 19, 1995 Avon Village Annexation (Con.'t) hearing for additional comments on the revised Zoning Ordinance and receive comments from Planning and Zoning Commission as to whether the Zoning Ordinance is headed in the direction that was directed by the Commission at the. last meeting and recommending the application to the October 3, 1995 meeting for final action of the Planning and Zoning Commission. Staff noted that Bill Andre is satisfied with the progress that has been made on the wildlife issue. Peter Jamar, representing the applicant, was present. Staff and Ben Herman have redrafted the PUD Ordinance. Peter has just recently received this draft and will need some time to go through the document therefore they will not be commenting this evening on the revised document. Ben Herman, the town planning consultant, was present. The changes are self explanatory. Bill proceeded to go through the document section by section of the major changes. Primarily looking for, on a broader scale, omissions or additional items that the Commission thought were not addressed from previous discussions. Rhoda Schneiderman questioned exempt development activities. Rhoda was clarifying if special review uses would not have to be approved under the normal channels. Ben replied that Norm Wood, the town engineer, were discussing that the language in B-1 does not meet the intent. The intent is that single family dwellings or primary -secondary dwellings would not be subject to development plan review. Chairperson Hunn opened the public hearing. No comments. Public hearing closed. Chairperson Hurn noted that since the Commission has been requested to table or continue this public hearing and the applicant is not prepared to respond how beneficial is it for the Commission to responded this evening. Ben replied it would be more beneficial to meet with staff and following have the worksession with the Commission. Staff respects the applicant desire to have more impute however it would be helpful to find out the Commissions opinion on how the draft is looking and if the draft is headed in the right direction. Bill Sargis suggested that the Planning and Zoning Commission have a worksession to go through each item. Buz Reynolds would like more information on the independent traffic studies. Chairperson Hunn questioned the parking requirements. Planning & Zoning Commission Meeting Minutes September 19, 1995 Avon Village Annexation (Con.'t) Ben replied that it has not been approached yet. Buz Reynolds moved to table the Avon Annexation to the October 3, 1995 Planning and Zoning Commission meeting. Seconded by Rhoda Schneiderman. Motion unanimously carried. ADJOURNMENT Meeting adjourned at 10:30 PM. Respectfully submitted, Sheila Kremski Recording Secretary Commission Approval B. Sargis C R niltnn Date