PZC Packet 1203191 Agenda posted on Wednesday, November 27, 2019 at the following public places within the Town of Avon:
-Avon Municipal Building, Avon Recreation Center, Avon Public Library, Town of Avon Website www.avon.org
Please call 970-748-4023 for questions.
Planning & Zoning Commission
Meeting Agenda
Tuesday, December 3, 2019
100 Mikaela Way – Avon Municipal Building
If you require special accommodation, please contact us in advance and we will assist you. You may call David McWilliams at 970-
748-4023 or email cmcwilliams@avon.org for special requests.
I. Roll Call
II. Conflicts of Interest
III. Additions & Amendments to the Agenda
IV. Major Development Plan – 5792 Wildridge Road East – CONTINUED PUBLIC HEARING
File: MJR19008 & AEC19008
Applicant: Luis Vasquez with TAB and Associates
Property: Lot 2 Block 4 Wildridge Subdivision
Summary: Application for a single-family house addition.
V. Consent Agenda
A. PZC Meeting Minutes – November 19, 2019
VI. Adjourn
1 November 19, 2019 PZC Minutes
Planning & Zoning Commission
Meeting Minutes
Tuesday, November 19, 2019
I. Roll Call – All commissioners were present except Commissioner Barnes.
II. Conflicts of Interest – No conflicts of interest were disclosed.
III. Additions & Amendments to the Agenda – There were no additions of amendments.
IV. Major Development Plan – 5792 Wildridge Road East – PUBLIC HEARING
File: MJR19008
Applicant: Luis Vasquez with TAB and Associates
Property: Lot 2 Block 4 Wildridge Subdivision
Summary: Application for a single-family house addition.
Action: Commissioner Nusbaum motioned to continue the item pending additional
information and an AEC application to the December 3, 2019 meeting. Commissioner
Howell seconded the motion and it carried unanimously 6-0.
V. Consent Agenda
A. PZC Meeting Minutes – October 15, 2019
B. Record of Decision - MNR19030 and AEC19007 Minor Development Plan and Alternative Equivalent
Compliance – 2511 Old Trail Road/ Lot 1 Block 2 Wildridge Subdivision
C. Record of Decision - SGN19007 Master Sign Program Amendment – The Seasons Building / Lot 62/63
Block 2 Benchmark at Beaver Creek / 137 Benchmark Road
D. Record of Decision - SGN19008 Master Sign Program Amendment – The Westgate Building - Lot 3
Block 3 Benchmark at Beaver Creek / 1060 West Beaver Creek Boulevard
Action: Commissioner Nusbaum motioned to approve the Consent Agenda. Commissioner
Smith seconded the motion and it carried unanimously 5-0 with Commissioner Howell
abstaining.
VI. Metcalf Tract Y Residences - WORK SESSION
Summary: Joint work session with the Avon Town Council to review the Metcalf Tract Y
Residences.
Action: PZC and Town Council discussed the potential application with a representative.
VII. Adjourn – The meeting was adjourned after the joint work session at 7:00 pm.
Approved this 3rd Day of December 2019
SIGNED: ___________________________________________
Chairperson
TAB Associates, Inc.
The Architectural Balance
0056 Edwards Village Boulevard
Suite 210, Edwards, Colorado 81632
(970) 766 -1470 (970) 766 -1471 fax
www.ta bassociates.com tab@vail.net
Project Narrative
Project: Yuan Addition Project No: 1843
Date: 10/28/2019
RE:
FROM:
Greg Macik, Project Architect
TO: VIA:
Town of Avon
Remarks: The proposed project is an addition to an existing home located in Lot 2 in Wildridge. The addition is
800 square feet and will be added on the East side of the existing building. Included in the addition is a Bedroom
(400 sq ft), Bathroom (250 sq ft), and a Closet 150 (sq ft). The exterior materials will match the existing building.
Attachment A
Attachment A
Attachment A
Attachment A
TAB Associates, Inc.
The Architectural Balance
0056 Edwards Village Boulevard
Suite 210, Edwards, Colorado 81632
(970) 766 -1470 (970) 766 -1471 fax
www.tabassociates.com tab@vail.net
Written Statement
Project: Yuan Addition Project No: 1843
Date: 11/18/2019
FROM:
Greg Macik, Project Architect
TO:
Town of Avon PNZ
Remarks:
This AEC is to request approval of the existing paint color and color to match addition on the home at
5792 Wildridge Rd East which does not meet the LRV value of 60 set forth by the Development Code. The owner
Arthur Yuan, had the home painted after purchasing it without prior knowledge that the color had to be
approved as there is no HOA present in the Wildridge community. That being stated, we believe that the paint
color should be approved based on the following responses to the mandatory review per section 7.16.120 in the
Development Code.
1: The proposed alternative achieves the intent of the subject design or develo pment standard to
the same or better degree than the subject standard;
We believe that the existing home color sufficiently achieves the intent of the design standards set
forth by the Town. The color is a light tan (Benjamin Moore Manchester Tan HC -81) which is one of the colors
encouraged by the Development code. The existing color has an LRV value of 64 exceeding the code
requirement of 60 by a small margin but otherwise meets the development standard.
2: The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the
same or better degree than the subject standard;
The existing color does not conflict with goals and policies found in the Avon Comprehensive Plan and
is in fact in line with Housing Goal E.1 : “Achieve a diverse range of housing densities, styles, and types, including
rental and for sale, to serve all segments of the population.” The existing color gives the home an aesthetically
Attachment B
Memo Date: 11/18/19 Project No. 1843
Page - 2
pleasing and unique look within the community that is not out of place with the style of the Wildridge
community or the town as a whole. As such, we believe that it meets the Avon Comprehensive Plan’s policies
and goals to the same degree as the subject standard .
3: The proposed alternative results in benefits to the community that are equivalent to or better
than compliance with the subject standard;
As the Owner will attest, the existing paint color has not raised any issues or concerns in the time
since the home has been painted and in fact, has received praise from neighbors in the W ildridge Community.
4: The proposed alternative imposes no greater impacts on adjacent properties than would occur
through compliance with the specific requirements of this Title;
The existing color on the home has had no impact on the adjacent propertie s and changing the color
would only incur an unnecessary expense to the owner.
Attachment B
From:Tripp Plavec
To:"ARTHUR YUAN"
Cc:David McWilliams
Subject:RE: 5792 Wildridge Rd East
Date:Wednesday, November 27, 2019 8:57:11 AM
I like the color and support the change.
Tripp
From: ARTHUR YUAN [mailto:aetsyuan@icloud.com]
Sent: Tuesday, November 26, 2019 3:51 AM
To: Tripp3867@comcast.net
Subject: 5792 Wildridge Rd East
Tripp,
Thank you for returning my call.
As I mentioned, we are your neighbors at 5792 Wildridge Rd East. We painted
the exterior of our home in October 2017, shortly after we purchased the home.
We were not aware at the time that we needed the Town of Avon approval. Our
current paint reflectiveness is slight above the 60 that the Town of Avon requires,
its 64. We are going to ask for a variance on Tuesday, 12/3 from the planning
committee. We wanted to ask if you had any objection to the color and it’s
reflective qualities? If you are ok with the color and reflectiveness of the paint
color we would appreciate a short reply that we can use as documentation during
our meeting with the planning committee.
Thank you in advance,
Arthur & Elie Yuan
5792 Wildridge Rd East
(216) 403-4500
Attachment C
December 3, 2019 PZC Meeting – 5792 Wildridge Road East Addition
1
Staff Report – Major Development Plan & Alternative Equivalent Compliance
December 3, 2019 Planning and Zoning Commission
Case #MJR19008 &AEC19008
Project type Major Development Plan and Alternative Equivalent Compliance
Public Hearing Required
Legal Description Lot 2 Block 4 Wildridge Subdivision
Zoning Planned Unit Development (PUD)
Address 5792 Wildridge Road East
Prepared By David McWilliams, Town Planner
Staff Report Overview
This staff report contains two applications for consideration by the PZC: Major Development Plan with
Design Review for an addition on a single-family house; and an Alternative Equivalent Compliance
(AEC) application for the house color.
Summary of Request
Luis Vasquez with TAB and Associates (the Applicant) proposes an addition on Lot 2. The current
building is two (2) stories. The addition is proposed at 800 s.f. for a total house size of 3,818 s.f. The
addition adds a master bedroom on the main floor.
Public Notice
Notice of the public hearing was published in the November 8, 2019 and November 22, 2019 edition
of the Vail Daily in accordance with Sec. 7.16.020(d) of the Avon Municipal Code (AMC). Mailed
notice is not required for this application type.
Property Description
Lot 2 is .97 acres located in the gully at the
top of Wildridge Road East. It is zoned
PUD and borders duplex and single-family
houses, and National Forest lands.
Planning Analysis
Lot Coverage, Setback and Easements:
The addition fits into the existing building
envelope. The original build routed drainage
to the east of the house and the proposal
further accentuates this by cutting into the
hillside.
Building Height: The maximum building height permitted for this property is thirty-five feet (35’).
As the proposal is only one floor, staff did not require height analysis.
Design Standards Analysis
Landscaping: The proposal does not remove any significant vegetation. It regrades a portion of the
eastern side of the property to accommodate for drainage and adds native seed to the area. Staff did not
require a landscape unit count, although two new evergreen trees will be planted for privacy.
December 3, 2019 PZC Meeting – 5792 Wildridge Road East Addition
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Building Design, Building Materials and Colors: The proposed exterior building materials are
stucco, painted to match existing, and trim painted to match. Colors were reviewed for conformance
with Sec. 7.28.090(j)(4)(viii), Building Materials, and determined to not comply with the design
standards. This discrepancy was noted after the application was noticed, the public hearing was
continued, and the proper Alternative Equivalent Compliance application is now part of the review.
Roof Material and Pitch: The applicant is proposing a 4:12 shingled shed roof and 6:12 gable
roof which are compliant with applicable AMC regulations.
Exterior Lighting: No proposed lighting is presented. Staff suggests a condition of approval to
require confirmation of Dark Sky Compliant fixtures whose locations and quantity are compliant with
lighting code.
Design Standards for the Wildridge Subdivision: AMC states:
(1) Intent:
(i) To preserve and enhance the aesthetic qualities of the natural hillsides by designing
projects which relate to the slope of the land and minimize the amount of project grading; and
(ii) To promote development which is visually compatible with the natural topography of the
surrounding area.
(2) Building Height on Steep Slopes. Determining building height on steep slopes has frequently
resulted in three-story walls on the downhill side that create an overbearing presence on properties
below. Therefore, the visual impact of building height and massing on lots with steep slopes shall be
reduced by articulating the building facades and creating proportional stories in a multi-story
building. Building height will be reduced for buildings or portions of buildings with flat roofs as
follows:
(A) Four-to-twelve (4:12) roof slopes or greater: thirty-five (35) feet.
(B) Less than a four-to-twelve (4:12) roof slope: thirty (30) feet.
(3) Building Design:
(i) Buildings shall have street-facing architectural details and elements which provide a
human scale to the facade. Flat, monotonous facades shall be avoided.
(A) The design of a structure shall create variety and interest along the street
elevation. A significant alteration of the massing and composition (not just the exterior
colors and materials) of each house or each townhouse or duplex unit must be
accomplished.
(B) The use of architectural features that increase visual prominence should be
avoided. Massive, tall elements, such as two-story entries, turrets and large chimneys,
should be avoided. Such elements on the downhill face of the structure are of
particular concern.
Staff is satisfied that the building complies with these standards.
Major Development Plan & Design Review - Review Criteria
§ 7.16.080(f), Development Plan
1. Evidence of substantial compliance with the purpose of the Development Code as
specified in §7.04.030, Purposes;
Staff Response: The application complies with the applicable purposes outlined in the
December 3, 2019 PZC Meeting – 5792 Wildridge Road East Addition
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Development Code. Purpose (a) states, “Divide the Town into zones, restricting and requiring therein
the location, erection, construction, reconstruction, alteration and use of buildings, structures and
land for trade, industry, residence and other specified uses; regulate the intensity of the use of lot
areas; regulate and determine the area of open spaces surrounding such buildings; establish building
lines and locations of buildings designed for specified industrial, commercial, residential and other
uses within such areas; establish standards to which buildings or structures shall conform; establish
standards for use of areas adjoining such buildings or structures.”
2. Evidence of substantial compliance with §7.16.090, Design Review;
Staff Response: This Major Design and Development Plan Application should be assessed for
compliance with the Design Review criteria of the Development Code, found below. The Design
Review section seeks quality development and structures that are visually harmonious with the
site and the surrounding vicinity.
3. Consistency with the Avon Comprehensive Plan;
Staff Response: The site is located in the Northern Residential District (District 11 of the
Comprehensive Plan), which states, “Due to the limited number of existing trees and shrubs and
the open character of the property, special care should be taken to ensure that all structures are
compatible with one another and in harmony with the natural surroundings.” This District includes
principles that encourage minimal alteration to the natural environment and steep slope development.
The Goals and Policies contained in the Comprehensive Plan, include, “Policy G.2.1: Identify
and avoid development in environmentally sensitive areas or steep hillsides.” As the proposal digs
into the hillside, PZC should carefully assess if this application is consistent with the Comprehensive
Plan.
4. Consistency with any previously approved and not revoked subdivision plat,
planned development, or any other precedent plan or land use approval for the
property as applicable;
Staff Response: The application conforms with the accompanying requirements of the PUD zoning
and the Development Code, except where an AEC is needed. Conformance with the building
envelope and maximum elevation are confirmed with the application.
5. Compliance with all applicable development and design standards set forth in this
Code, including but not limited to the provisions in Chapter 7.20, Zone Districts
and Official Zoning Map, Chapter 7.24, Use Regulations, and Chapter 7.28,
Development Standards; and
Staff Response: The analysis contained in this staff report addresses all applicable Development
Code standards, except where an AEC is needed.
6. That the development can be adequately served by city services including but
not limited to roads, water, wastewater, fire protection, and emergency medical
services.
Staff Response: Staff referred the proposal to the Eagle River Water and Sanitation District
(ERWSD) for compliance with the property’s’ water allocation and received no response. Staff
added the successful completion of any ERWSD requirements as a condition of approval for this
application. All special services are well established in the subdivision.
December 3, 2019 PZC Meeting – 5792 Wildridge Road East Addition
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§7.16.090(f), Design Review
1. The design relates the development to the character of the surrounding community;
or, where redevelopment is anticipated, relates the development to the character of
Avon as a whole;
Staff Response: The application proposes a design that relates to the character of the surrounding
community.
2. The design meets the development and design standards established in this
Development Code; and
Staff Response: The design is compliant with the development and design standards contained in
the Development Code.
3. The design reflects the long- range goals and design criteria from the Avon
Comprehensive Plan and other applicable, adopted plan documents.
Staff Response: Applicable adopted plans include the Avon Comprehensive Plan and provisions of
the Development Code. The design has been evaluated for conformance with these plans and
staff has determined the proposed design meets the requirements, except as described below.
7.16.120 Alternative Equivalent Compliance
Alternative equivalent compliance is a procedure that allows development to meet the intent of the
design-related provisions of the code through an alternative design. It is not a general waiver or
weakening of regulations; rather, this application procedure permits a site-specific plan that is equal
to or better than the strict application of a design standard specified in the Development Code. This
procedure is not intended as a substitute for a variance or administrative modification or a vehicle for
relief from standards in this Chapter. Alternative compliance shall apply only to the specific site for
which it is requested and does not establish a precedent for assured approval of other requests.
AEC Review Criteria.
The PZC shall use the following review criteria as the basis for a decision on an application for
alternative equivalent compliance:
1. The proposed alternative achieves the intent of the subject design or development
standard to the same or better degree than the subject standard;
2. The proposed alternative achieves the goals and policies of the Avon Comprehensive
Plan to the same or better degree than the subject standard;
3. The proposed alternative results in benefits to the community that are equivalent to or
better than compliance with the subject standard; and
4. The proposed alternative imposes no greater impacts on adjacent properties than would
occur through compliance with the specific requirements of this Title.
Applicant Response: The applicant presents a detailed response in Attachment B, and generally
argues that the lighter color matches the design of the house.
Staff Response: Staff had noticed the house color change some months ago. While it was not a code
enforcement priority, staff is relieved to have the proper application in front of the PZC. The color
(and the house) is perhaps more “southwestern” than the encouraged aesthetic in town, but is
certainly a credible design that adds to the mixed style of the neighborhood. The color choice
matches the design and location well.
December 3, 2019 PZC Meeting – 5792 Wildridge Road East Addition
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Staff Recommendation for AEC19008 Alternative Equivalent Compliance:
Staff recommends approval of the AEC application for Lot 2 Block 4 Wildridge Subdivision with the
following findings:
Findings:
1. The proposed application was reviewed pursuant to §7.16.120, Alternative Equivalent
Compliance;
2. The proposed alternative achieves the intent of §7.28.090(j)(4)(viii), Building Materials,
to the same or better degree than the subject standard;
3. The proposed alternative achieves the goals and policies of the Avon Comprehensive
Plan to the same or better degree than the subject standard;
4. The proposed alternative results in benefits to the community that are equivalent to or
better than compliance with the subject standard; and
5. The proposed alternative imposes no greater impacts on adjacent properties than would
occur through compliance with the specific requirements of the Code.
Recommended Motion:
“I move to approve Case #AEC19004, an Alternative Equivalent Compliance application for Lot 2
Block 4 Wildridge Subdivision together with the findings as recommended by staff.”
Staff Recommendation for MJR19008 Major Design & Development Plan:
Staff recommends approval of the Major Development Plan for Lot 2 Block 4 Wildridge, with the
following findings and conditions:
Findings:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan,
§7.16.090(f), Design Review. The design meets the development and design standards
established in the Avon Development Code;
2. The application is complete;
3. The application provides sufficient information to allow the PZC to determine that the
application complies with the relevant review criteria;
4. The application complies with the goals and policies of the Avon Comprehensive Plan;
5. The demand for public services or infrastructure exceeding current capacity is mitigated by
the application; and
6. The design relates the development to the character of the surrounding community.
Conditions:
1. The successful completion of any Eagle River Water & Sanitation District requirements
shall be verified before a building permit will be issued; and
2. Dark Sky compliant fixtures will be demonstrated to staff before a building permit will be
issued.
Motion to Approve the Application:
“I move to approve Case #MJR19008, an application for Major Design and Development Plan for
Lot 2 Block 4 Wildridge Subdivision together with the findings of fact outlined by Staff.”
December 3, 2019 PZC Meeting – 5792 Wildridge Road East Addition
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Attachments
A. Application Materials
B. AEC Application Responses