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PZC Minutes 071597Record of Proceedings Planning and Zoning Commission Meeting Minutes July 15, 1997 Regular Meeting The Regular Meeting of the Town of Avon Planning and Zoning Commission was called to order by Chairperson Andrew Karow at 5:33 p.m., July 15, 1997, in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, CO 81620. Members Present Mike Dantas Chris Evans Anne Fehlner Andrew Karow Sue Railton Michael Schneider Beth Stanley Agenda Call to Order Roll Call All members were present Staff Present Linda Donnellon, Recording Secretary Karen Griffith, Town Planner Steve Hodges, Community Service Officer Mike Matzko, Community Development Director Additions and Amendments to the Agenda Karen Griffith requested to add Lot 56, Block 1, Wildridge Subdivision to the consent Agenda and asked that the Commission grant staff the authority to approve the color board. Conflicts of Interest Consent Agenda A. Approval of the July 1, 1997 Planning & Zoning Commission Meeting Minutes B. Lot 56, Block 1, Wildridge Subdivision — Color Modification Motion Commissioner Fehlner moved to approve of the Consent Agenda. Commissioner Stanley seconded the motion. The motion passed unanimously. j: \p & z \minutes \ 1997\071597. d o c Concept Design Review A. Lot 5, Block 4, Wildridge Subdivision - Viola Duplex Project Type: Residential Duplex Property Owner/ Applicant: Charlie Viola Consultant: Ron Diehl Address: 5774 East Wildridge Road Karen Griffith made a brief presentation as outlined in the staff report. Staff was working with the applicant regarding the grading and site design. This presentation was a review for the proposed architectural design, colors, and materials. Questions that were asked: conflicts regarding the building height (" no") and Variance issues ("to be scheduled"). The following items were suggested: 1. Elevations should be properly labeled on the plans. 2. Terrace the retaining wall by the southeastern elevation. 3. Increase the size of the snow storage area. (Calculations needed to be done). 4. The gabled ends, running north to south, were too massive and needed to be vertically differentiated in order to reduce the front elevation. 5. Differentiate the rooflines of the duplex. 6. Terracing the foundation on the eastern side, up one or two feet, would help reduce the amount of retaining wall. 7. Boulder retaining walls to be engineered. 8. Finish the driveway grades and site grades to meet the 2 to 1 Steep Slope Guidelines. The applicant requested Final Design approval at the Concept Design Review meeting. Final Design approval was not recommended by staff. A revised grading plan was just submitted by the applicant. No formal action was taken. Public Hearing A. Lot 46, Block 2, Benchmark at Beaver Creek Subdivision - Lakeside Terrace Project Type: Zoning Change from RHD to PUD to allow 24 timeshare units Property Owner: Harvey Deutsch, Joel Farcus, and 111 Havana Associate, LLC Applicant: Jack Reutzel Address: 0320 Benchmark Road 2 Karen Griffith made a brief presentation as outlined in the staff report. Ms. Griffith said the applicant was not requesting any changes to the site plan. She said standard parking requirements were different for timeshare units and were based upon the square footage of the units. The parking requirements were exceeded for the timeshare units. Commissioner Fehlner asked if the applicants knew about the affordable housing units and restrictions stated in the proposed PUD. Ms. Griffith replied that this was the first PUD application for this project and that the last application was for Final Design Review, which was zoned RHD (High Residential District) and did not have an affordable housing reuirement. Commissioner Stanley asked if the elevations were similar to the ones previously approved. Ms. Griffith said there were no changes. Jack Reutzel, applicant, commended staff for handling this application regarding compatibility with the surrounding uses and impacts to the community. Mr. Reutzel addressed the following issues: No difference in appearance between the approved Lakeside Terrace Condominiums as individual or timeshare units for sale. 2. No difference between the development regarding a fee simple sale and timeshare sale. 3. Traffic impacts would be less as a timeshare holder than a fee simple holder. 4. Economic impacts and benefits to the County and Town would be greatly enhanced by a timeshare proposal, in addition to paying a double transfer tax each time that an ownership was recorded. 5. With approval of the timeshare project, the Town will have a forum to address some of the employee housing issues. Further discussion followed regarding the parking issues during the marketing and construction phase and staff s comments regarding parking and medium income for deed restricted sales. Chairperson Karow opened Public Hearing. Michelle Page, General Manager for Beaver Creek West Condominiums, addressed her concerns regarding the parking problems that would be created should the timeshare project be approved. She asked the Commission to deny this project until a parking study could be done. Discussion followed regarding a parking study, the maintenance agreement between Falcon Point and Beaver Creek West Condominiums, time frame for notices announcing a Public Hearing, traffic study, parking space calculations, parking space allotments for a timeshare units and residential units and zoning change from RHD to a PUD. Joel Farcus, Property Owner and Applicant, addressed the following issues: giving permission for people to park in the vacant lot next to Falcon Point and the maintenance agreement allowing access through the easement between Falcon Point and Beaver Creek West Condominiums. Commissioner Evans suggested delaying the approval of this application until a parking study could be done and identification of the Town's codes regarding parking requirements. Lori Silvin, Property Owner of Beaver Creek West Condominiums, stated her concerns regarding the zoning change and asked the Commission to take their time in reviewing this application until a parking study or impact study could be done. 3 Ms. Griffith explained the application procedures to the Commission and to the Public. Ms. Page said she was concerned that approving the timeshare units would require additional parking spaces and noted that the original application for the timeshare was denied by the Commission and by the Council. Ms. Griffith stated that the applicants had met the standard zoning requirements, including exceeding the parking requirements for timeshare units. Chairperson Karow reiterated that this application was being evaluated for the zoning codes as far as parking was concerned. Marilyn Carson, Property Owner of Beaver Creek West Condominiums, said she approved of timeshare units but was concerned about the traffic patterns that could arise from them and asked the Commission to take their time in approving this application and suggested that a traffic study be done. Ken Engrin, Property Owner of Beaver Creek West Condominiums, asked what the difference was in a timeshare unit and a rental unit. He asked that the Commission table this application until a traffic study could be done. Mr. Reutzel reiterated his comments made earlier regarding the five issues he had addressed and asked the Commission to approve this application. Mike Matzko clarified and briefly summarized the following issues. The first proposal was based upon two lots, density calculation was based upon two lots, which included a re -subdivision and a PUD, and denial was based upon the size of the building. Final Design was approved for these buildings on a lot for a use by right. Chairperson Karow closed Public Hearing and opened for Commission Review. Commissioner Fehlner clarified that the motion was not to be approve or deny but to be made as a recommendation to the Town Council. She further clarified that the actual approval of the application would take place during the second reading after a Public Hearing with the Town Council. Commissioner Evans said that he noticed that there were two conflicting viewpoints upon who will be paying for the parking study. Commissioner Stanley commented on the following: timeshare units will not produce the amount of cars as previously discussed and that traffic flows should not change drastically from the timeshares units. She-suggc- e that future -studies -for- parkingTatios-regar-ding-timeshare units . —be -done. Commissioner Stanley asked if the applicant has read and understood staff's comments and recommendations. Mr. Reutzel said "yes" that he wanted to meet with staff on Monday following this meeting regarding condition number 3 stated in the staff report. Commissioner Stanley asked about the building materials. Mr. Reutzel said he was unable to provide a list at this time. Ms. Griffith said the building materials were specified on the elevation sheets. Commissioner Schneider said that he agreed with the comments made by Commission Evans regarding the parking study issues. .19 Commissioner Dantas expressed his concerns regarding the discussion between the applicants and the opinions from the Public. He asked that the board to act upon and make a decision regarding this application. Commissioner Railton said that she agreed with the comments made by Commissioner Dantas and Commissioner Evans. She expressed her concerns regarding the parking problems in the Town and suggested that the board take their time in reviewing this type of application so as not to aggravate any more people in this community. Chairperson Karow said a traffic study was not required for a submittal in regards to a PUD or a zoning change. Ms. Griffith said a traffic study can be requested but was not in this case. Chairperson Karow commented on the parking space requirements and the code regulations that the Town of Avon operates with. He said the parking spaces exceeded the required code for timeshares but meet the codes for condominiums. He stated that he did not see the parking as an issue and that this project met the Town's code. Commissioner Karow commented on the housing issue. He said the developer would need to conform to the Comprehensive Plan as a gesture of good will because the Towns code did not require them to do so at this time. Clarification was made that there were no town codes that require affordable housing, other than what has been negotiated on a case by case basis for PUD's and Annexation. Chairperson Karow said this project meets all the Town's criteria for the zoning change. Commissioner Evans discussed the following issues regarding the Comprehensive Plan, parking requirements, benefits to the community, compatibility to the surrounding land use, which opens parking as a mechanism for future studies. The applicants said the proposed construction would start sometime this fall and continue through the winter. Completion would be sometime during March and/or April. Designated parking spaces will be provided for the interior and exterior areas of the building for the timeshare and residential units. Motion Commissioner Stanley moved to recommend the approval for the rezoning to PUD for 24 timeshare units and 6 residential units on Lot 46, Block 2, Benchmark at Beaver Creek Subdivision as depicted on plans dated received June 3, 1997 with the following condition: 1. Three affordable, deed restricted housing units be provided. Commissioner Dantas seconded the motion. The motion failed 4 (four) votes to 3 (Three) votes with Commissioners Evans, Fehlner, Railton and Schneider opposing. Discussion followed after the motion was made and voted upon. A motion was made and seconded to table the application. Staff then informed the Commission they could not vote on it, that final action had been taken. 5 Other Business A. Lot 9, Block 3, Benchmark at Beaver Creek Subdivision Karen Griffith announced that the applicants verbally requested to table this application for 1 (one) month. The applicants were working on a larger project to upgrade the site in which the shed would be incorporated. Additional research was needed for the required parking spaces. Staff was in support of a temporary location for the shed providing that the shed did not block the required parking spaces. No formal action was taken. B. Planning and Zoning Commission Rules, Regulations and Procedures - Phase 1 Mike Matzko presented the revised Planning and Zoning Commission Rules, Regulations and Procedures Phase I, dated July 15, 1997 to the Commission. Discussion and review followed with approval. Motion Commissioner Evans moved to recommend adoption to the Town Council for the Town of Avon Planning and Zoning Commission Procedures, Rules and Regulations as dated and modified July 15, 1997. Commissioner Dantas seconded the motion. The motion passed unanimously. C. Development Regulation Update Process Discussion was moved to a later date. Adjourn Commissioner Dantas made a motion to adjourn the meeting. Commissioner Stanley seconded it and the meeting adjourned at 8:13 p.m. Respectfully submitted, Linda Donnellon Recording Secretary Signature page for the Planning and Zoning Commission Meeting Minutes Mike Dantas Chris Evans Anne Fehlner Andrew Karoi Sue Railton 414* � Michael Schneider Beth Stanley 7