PZC Packet 121520Notice Avon Notice of Regular Avon Planning and
Zoning Commission Meeting
December 15, 2020 at 5:00 p.m. MST
WEBINAR MEETING ONLY
Avon Town Hall operations are limited due to COVID-19
pandemic health orders to restrict gatherings.
Physical attendance of the Avon Planning and Zoning
meeting is not allowed.
Please go to Avon.org the day of the meeting or register at
https://us02web.zoom.us/webinar/register/WN_u_ma4hPLSmO
snQBcHqEc_g and join. You can also find the agenda and
meeting packet materials for the meeting under Government >
Planning & Zoning Commission > Agendas, Packets &
Materials.
______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS WERE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY.
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN PLANNER DAVID MCWILLIAMS AT 970-748-4023 OR EMAIL CMCWILLIAMS@AVON.ORG WITH ANY SPECIAL REQUESTS. 1
PLANNING AND ZONING COMMISSION MEETING AGENDA
TUESDAY, DECEMBER 15, 2020
MEETING BEGINS AT 5:00 PM
VIRTUAL MEETING ONLY
1. CALL TO ORDER AND ROLL CALL
2. ELECTION OF NEW PZC CHAIRPERSON AND VICE-CHAIR
3. APPOINTMENT OF NEW PZC REPRESENTATIVE TO THE VILLAGE AT AVON DESIGN REVIEW BOARD
4. APPROVAL OF AGENDA
5. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX-PARTE COMMUNICATION RELATED TO AGENDA ITEMS
6. BUSINESS ITEMS
6.1. VILLAGE AT AVON – PLANNING AREA J – DESIGN REVIEW REFERRAL - PROPOSAL FOR A NEW GAS STATION.
THE VILLAGE AT AVON PUD REQUIRES PZC REFERRAL FOR LAND USE DECISIONS OF THIS TYPE. THE
DISCUSSION WILL FOCUS ON STAFF’S ANALYSIS ON THE VILLAGE AT AVON’S DESIGN GUIDELINES AND PZC’S
SUBSEQUENT REFERRAL LETTER. (TOWN PLANNER DAVID MCWILLIAMS & CASSIE YOUNGER)
6.2. 4311 EAGLEBEND DRIVE – TRACT A AND LOT 1 FILING 2 EAGLEBEND SUBDIVISION – PUBLIC HEARING –
PROPOSAL TO AMEND THE SIZE OF TRACT A AND LOT 1 AND REVISE THE LOT LINES OF LOT 1 TO
ACCOMMODATE AN ADDITION. (TOWN PLANNER DAVID MCWILLIAMS & ANGELO VERALDI AND JENNA
SKINNER)
6.3. 371 METCALF ROAD- LOT 14/15 BLOCK 1 BENCHMARK AT BEAVER CREEK SUBDIVISION - PUBLIC HEARING – PROPOSAL TO CREATE TWO (2) ACCESSORY DWELLING UNITS WITHIN UNIT 2SA1. (TOWN PLANNER DAVID
MCWILLIAMS & MARK DONALDSON)
7. CONSENT AGENDA 7.1. NOVEMBER 17, 2020 MEETING MINUTES 7.2. DECEMBER 1, 2020 MEETING MINUTES 7.3. TMP20002 - 042 RIVERFRONT LANE DIRT STORAGE 7.4. TMP20003 – UNADDRESSED SWIFT GULCH SNOW STORAGE 7.5. TMP20004 – 82 BEAVER CREEK BOULEVARD OUTDOOR SEATING
8. STAFF UPDATES
9. ADJOURN
PLANNING AND ZONING COMMISSION MEETING MINUTES
TUESDAY, NOVEMBER 17, 2020
1. CALL TO ORDER AND ROLL CALL
Chairperson Lindsay Hardy called the regular meeting to order at 5:02 p.m. A roll call was taken, and Planning
Commission members present were Rebecca Smith, Jared Barnes, Donna Lang, Sara Lanious, and Steve
Nusbaum. Also present were Town Planner David McWilliams, Planning Director Matt Pielsticker, and Haley
Cramer with Garfield Hecht.
2. APPROVAL OF AGENDA
Action: Commissioner Barnes motioned to approve the agenda. Commissioner Lang seconded the motion and it
carried unanimously 6-0.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX-PARTE COMMUNICATION RELATED TO AGENDA ITEMS
Commissioners Smith noted a conflict with item 4.2. Commissioner Hardy motioned to accept the conflict.
Commissioner Lanious seconded the motion and it carried unanimously 5-0.
Commissioner Hardy noted a conflict with item 4.2. Commissioner Nusbaum motioned to accept the conflict.
Commissioner Lanious seconded the motion and it carried unanimously 5-0.
4. BUSINESS ITEMS
4.1. 4311 EAGLEBEND DRIVE – TRACT A AND LOT 1 FILING 2 EAGLEBEND SUBDIVISION – PUBLIC HEARING –
PROPOSAL TO AMEND THE SIZE OF TRACT A AND LOT 1 AND REVISE THE LOT LINES OF LOT 1 TO
ACCOMMODATE AN ADDITION. (TOWN PLANNER DAVID MCWILLIAMS & ANGELO VERALDI AND JENNA
SKINNER)
At roughly 5:36 the meeting connection was interrupted. The meeting was restarted once all the Commissioners
and the public returned, roughly at 5:44, and Jena Skinner continued her presentation.
Public Comment: Walter Dandy commented on the application.
Action: Commissioner Barnes motioned to continue the item to December 15, 2020. Commissioner Smith seconded
the motion and it carried unanimously 6-0.
4.2. 42 RIVERFRONT LANE – LOT 1 RIVERFRONT SUBDIVISION – PUBLIC HEARING – PROPOSAL FOR DIRT
STORAGE ASSOCIATED WITH CONSTRUCTION FOR THE WINTER. (TOWN PLANNER DAVID MCWILLIAMS &
ANDY HALMINSKI WITH EVANS CHAFFEE)
Action: Commissioner Nusbaum motioned to approve the item with the following findings and conditions:
Findings:
1. The application qualifies as a Temporary Use Permit subject to review according to §7.16.020 of
the Development Code;
2. The application is complete;
3. The application provides sufficient information to allow 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; and
5. There is no extra demand for public services or infrastructure exceeding current capacity by the
application.
Conditions:
1. The approval is valid until May 15, 2021;
2. The site shall be restored to original grade and vegetation once the dirt is moved; and
3. Silt fencing is required around the entire pile, except for the entry; and
4. This temporary application is associated with the Riverfront Lot 6 and 7 buildings – permits
RBP20004-20007. Successful maintenance of Lot 1 is required for continued Town administration
of these permits.
Commissioner Lanious seconded the motion and it carried unanimously 4-0.
Commissioner Smith left the meeting.
4.3. UNADDRESSED SWIFT GULCH ROAD - TRACT E FILING, 3 VILLAGE AT AVON SUBDIVISION – PUBLIC HEARING – PROPOSAL FOR SNOW STORAGE ASSOCIATED WITH CONSTRUCTION FOR THE WINTER. (TOWN
PLANNER DAVID MCWILLIAMS & JEFF SCHNEIDER WITH ERWSD)
Action: Commissioner Nusbaum motioned to approve the item with the following findings and conditions:
Findings:
1. The application qualifies as a Temporary Use Permit subject to review according to §7.16.020 of
the Development Code;
2. The application is complete;
3. The application provides sufficient information to allow 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; and
5. There is no extra demand for public services or infrastructure exceeding current capacity by the
application.
Conditions:
1. The approval is valid for one calendar year, with the condition that Staff approve the mitigation
efforts conducted in spring 2021;
2. The site shall be restored to original grade and vegetation; and
3. Access to the site is only allowed from the east. Snow storage vehicles must go east on US 6 to
Post Boulevard to access the site.
Commissioner Nusbaum seconded the motion and it carried unanimously 5-0.
4.4. 82 BEAVER CREEK BOULEVARD – TRACT Q BLOCK 2 BENCHMARK AT BEAVER CREEK SUBDIVISION – PUBLIC HEARING – PROPOSAL FOR OUTDOOR SEATING AND DINING, OCCUPYING TWO (2) PARKING SPACES
IN THE JUNCTION BUILDING PARKING LOT FOR THE WINTER. (TOWN PLANNER DAVID MCWILLIAMS & KERRI
THELEN WITH EIN PROSIT)
Action: Commissioner Nusbaum motioned to approve the item with the following findings and conditions:
Findings:
1. The application qualifies as a Temporary Use Permit subject to review according to §7.16.020 of
the Development Code;
2. The application is complete;
3. The application provides sufficient information to allow 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; and
5. There is no extra demand for public services or infrastructure exceeding current capacity by the
application.
Conditions:
1. The approval is valid until November 17, 2021, or occupancy of the old Montana’s Restaurant
location, whichever is sooner; and
2. A liquor license modification will be approved before serving clients in the temporary area.
Commissioner Nusbaum seconded the motion and it carried unanimously 5-0.
5. CONSENT AGENDA 5.1. OCTOBER 6, 2020 MEETING MINUTES
5.2. MNR20038 & AEC20007 MINOR DEVELOPMENT PLAN AND ALTERNATIVE EQUIVALENT COMPLIANCE 5161
LONGSUN LANE 5.3. CONDITIONS OF APPROVAL – MJR2005 – 4.1. 358 & 368 RIVERFRONT LANE LANDSCAPING
Action: Commissioner Barnes motioned to approve the consent agenda. Commissioner Nusbaum seconded the
motion and it carried unanimously 5-0.
6. STAFF UPDATES
Staff mentioned some software updates, future meeting items, and development projects in Town.
7. ADJOURN
There being no further business before the Commission adjourned the meeting at 7:20 p.m.
These meeting minutes are only a summary of the proceedings of the meeting. They are not intended to be
comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate
records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office.
RESPECTFULLY SUBMITTED:
_________________________________
David McWilliams, Town Planner
APPROVED:
__________________________________
Lindsay Hardy, Chairperson
PLANNING AND ZONING COMMISSION MEETING MINUTES
TUESDAY, DECEMBER 1, 2020
1. CALL TO ORDER AND ROLL CALL
Planning Director Matt Pielsticker called the meeting to order. Commissioners Nusbaum, Lanious and Barnes were
present. Due to a lack of quorum, all items were continued to the December 15, 2020 PZC meeting.
2. ADJOURN
The meeting was adjourned at 5:10 pm.
These meeting minutes are only a summary of the proceedings of the meeting. They are not intended to be
comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate
records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office. RESPECTFULLY SUBMITTED:
_________________________________
David McWilliams, Town Planner APPROVED:
__________________________________
Chairperson
PZC Record of Decision: #TMP20002 Page 1 of 1
PLANNING AND ZONING COMMISSION
FINDINGS OF FACT AND RECORD OF DECISION
DATE OF DECISION: November 17, 2020
TYPE OF APPLICATION: Temporary Use Permit
PROPERTY LOCATION: Lot 1 Riverfront Subdivision
FILE NUMBER: TMP20002
APPLICANT: Andy Halminski with Evans Chaffee
Owner: EW Riverfront East Investor LLC
This Record of Decision is made in accordance with the Avon Development Code (“Development Code”) §7.16.020:
DECISION: Approval of the temporary use plan with the following findings and conditions:
FINDINGS: 1. The application qualifies as a Temporary Use Permit subject to review according to §7.16.020 of the Development Code; 2. The application is complete; 3. The application provides sufficient information to allow 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; and 5. There is no extra demand for public services or infrastructure exceeding current capacity by the application.
CONDITIONS: 1. The approval is valid until May 15, 2021; 2. The site shall be restored to original grade and vegetation once the dirt is moved; and 3. Silt fencing is required around the entire pile, except for the entry; and 4. This temporary application is associated with the Riverfront Lot 6 and 7 buildings – permits RBP20004 - 20007. Successful maintenance of Lot 1 is required for continued Town administration of these permits.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:______________________________________ DATE: ___________________ PZC Chairperson
PZC Record of Decision: #TMP20003 Page 1 of 1
PLANNING AND ZONING COMMISSION
FINDINGS OF FACT AND RECORD OF DECISION
DATE OF DECISION: November 17, 2020
TYPE OF APPLICATION: Temporary Use Permit
PROPERTY LOCATION: Tract E Filing 3 Block 2 Village at Avon Subdivision
FILE NUMBER: TMP20003
APPLICANT: Jeff Schneider with ERWSD
Owner: Eagle River Fire Protection District
This Record of Decision is made in accordance with the Avon Development Code (“Development Code”) §7.16.020:
DECISION: Approval of the temporary use plan with the following findings and conditions:
FINDINGS: 1. The application qualifies as a Temporary Use Permit subject to review according to §7.16.020 of the Development Code; 2. The application is complete; 3. The application provides sufficient information to allow 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; and 5. There is no extra demand for public services or infrastructure exceeding current capacity by the application.
CONDITIONS: 1. The approval is valid for one calendar year, with the condition that Staff approve the mitigation efforts conducted in spring 2021; 2. The site shall be restored to original grade and vegetation; and 3. Access to the site is only allowed from the east. Snow storage vehicles must go east on US 6 to Post Boulevard to access the site.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:______________________________________ DATE: ___________________ PZC Chairperson
PZC Record of Decision: #TMP20004 Page 1 of 1
PLANNING AND ZONING COMMISSION
FINDINGS OF FACT AND RECORD OF DECISION
DATE OF DECISION: November 17, 2020
TYPE OF APPLICATION: Temporary Use Permit
PROPERTY LOCATION: Tract Q Block 2 Benchmark at Beaver Creek Subdivision
FILE NUMBER: TMP20004
APPLICANT: Kerri Thelen
Owner: CSB Properties Holdings, LLC
This Record of Decision is made in accordance with the Avon Development Code (“Development Code”) §7.16.020:
DECISION: Approval of the development plan with the following findings and conditions:
FINDINGS: 1. The application qualifies as a Temporary Use Permit subject to review according to §7.16.020 of the Development Code; 2. The application is complete; 3. The application provides sufficient information to allow 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; and 5. There is no extra demand for public services or infrastructure exceeding current capacity by the application.
CONDITIONS: 1. The approval is valid until November 17, 2021, or occupancy of the old Montana’s Restaurant location, whichever is sooner; and 2. A liquor license modification will be approved before serving clients in the temporary area.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:______________________________________ DATE: ___________________ PZC Chairperson
TO: Planning and Zoning Commission FROM: David McWilliams, AICP, Town Planner
RE: Service Station on Avon Landing Block 1, Village at Avon
DATE: November 20, 2020
STAFF REPORT OVERVIEW: This memo contains preliminary design material for a new service station in
the Village (at Avon) (VAA) for referral from the VAA Design Review Board (DRB) to the Planning and Zoning
Commission (PZC). While this potential project is not subject to a majority of sections in Chapter 7 of Avon
Development Code (ADC) and will not be subject to the formal Town of Avon review process outlined within
it, PZC is tasked with formulating comments that the DRB can use for their formal review. Per the Design
Guidelines in the Planned Unit Development (PUD), “The DRB shall refer to the Town of Avon's Planning
and Zoning Commission, for comment only, and not for approval or disapproval, Development proposals
submitted to the DRB.”
The proposal is approaching a completed
application for the DRB, and this may be PZC’s only
review of the project. Two documents guide this
project: The Village (at Avon) Design Guidelines,
dated October 1, 2018, (Design Guidelines), and
Village (at Avon) DRB Guide (DRB Guide) describe
the desired aesthetic of all projects and articulate
aspirations rather than hard requirements. Staff
crafted specific recommendations, based on these
documents, for PZC’s consideration to relay to the
DRB. This report seeks to address common design
considerations that would be contained in any development application, through that lens. This is one of the
first buildings proposed on the north side of I-70 in the VAA and Staff expects more. The discussion points
presented are contextualized for one use and building among a network of spaces that operate within a
unified design framework for visual harmony.
PROPERTY DESCRIPTION: The site location is in Planning
Area J of the VAA, situated north of I-70 and adjacent to Post
Boulevard. The PUD permits the proposed use on Planning Area
J. It is largely shielded from I-70 views by grade changes and
berms. The site is visible from above, and future development
will look down upon this site.
Staff expects an administrative Subdivision application to be
presented, creating the site’s land and additional lots.
PROCESS SUMMARY: A preliminary development application is in front of the VAA DRB. Per the Design
Guidelines, after referral to PZC, the DRB can formally approve or deny the project. As processed in the
past with the Avon Apartments, Staff recommends an in-depth discussion at the December 1st meeting. Staff
will return to PZC at the following meeting with revised comments based upon discussion, to formally transmit
to the Village DRB.
PLANNING ANALYSIS: Most sections below start with quoted text from DRB Guide to frame the elements
of importance. The Design Guide is also quoted, noted with “(Design Guide)” at the end. All text is unmodified
in formatting, except for italicized portions added for emphasis by Staff.
Allowed Use and Density: As noted above, this commercial use is explicitly allowed in Planning Area J.
Lot Coverage, Setback and Easements: The property appears to be compliant with all applicable
coverage, setback, and easement requirements. Front: 20’ Side: 0’ Rear: 10”
Building Height: The PUD allows up to 48’ and this building was not analyzed for height.
DESIGN ANALYSIS:
Design Theme: “In order to create a unique, pedestrian friendly, vibrant, successful, and long lasting town
that enriches the quality of life and maximizes/enhances and preserves the value of the Property, the design
of all Development within the Village must, among other things, distinguish itself by being unique, sustainable,
interesting, attractive, and must respect the mountain setting as well as complement the surrounding
Development within the Village. The Overall Design Theme (hereinafter referred to as the “Design Theme”)
is to establish an attractive appearance for visitors and residents and yet be flexible enough to allow for
affordable design solutions.”
“The attractive appearance expected for Development consists of, among other things, innovative and
attractive architecture that promotes sustainable ideas and is sensitive to the surrounding area.”
“The DRB shall not accept exceptions to the Design Theme and Design Philosophy that break the pattern of
unique and attractive architecture for Development at the Village, as any exceptions will negatively impact
the Village and will promote unattractive architecture for Development in the future.”
Staff Response: Overall, the project presents a perfunctory nod to the Design Theme language, and there
are few discernable elements of mountain aesthetic. More natural muted tones, building articulation,
interactive windows, and innovative design are suggested to respect the mountain setting and create visual
interest. For example, the fuel pump canopy can be made more visually interesting by shape and design, to
better reflect the local mountain aesthetic.
Service Station Standards: ADC includes a specific section for service stations, and Staff sees value in
including the language:
(i) A fuel pump canopy shall utilize the same architectural design and materials as the principal
building on the lot.
(ii) Light fixtures mounted under canopies shall be cut-off and shielded so that there is no glare
or light spillage at the property line. Lights and fixtures shall not extend below the surface of
the ceiling of the canopy.
(iii) Lights shall not be mounted on the top or sides (fascias) of the canopy and shall not be
externally illuminated, except as part of an internally illuminated sign that meets the
standards of Chapter 15.28, Sign Code.
The canopy has few design features that tie it to the store. No lighting cut sheet was provided, so Staff cannot
comment on the potential glare of the lighting, but they do appear flush mounted. Staff recommends that the
light fixture temperature and intensity be carefully reviewed in order to control unanticipated impacts. The
canopy may be visible from Interstate 70 given the site’s location perched above the elevation of the highway.
There is no sign design cut sheet, either.
Easements, Drainage, Retaining Walls: Staff is working directly with the DRB for some clarification at this
stage. There are few retaining walls with this development proposal. The drainage study is being finalized to
demonstrate how the adjacent detention pond can accommodate future uphill development.
View from Post Boulevard and I-70 roundabout. The site is bermed from 2 sides and elevated above I-70.
Parking: In Planning Area J, “underground parking is highly encouraged. However, if the Owner can show
that the Design Philosophy is still achieved with surface parking, the DRB is willing to consider waiving this
requirement.” While not underground, the berms surrounding the property appear to screen surface parking
spots.
Staff Response: This proposal includes a 4,425 square foot building. 31 parking spaces (not including the
fill-up areas) are proposed, equating to 7 spaces per 1,000 square feet of commercial space. The PUD
requires 2 spaces per 11,000 square feet of Gross Square footage, although that number might be a typo.
While the PUD includes parking minimums, it does not include maximums. Using ADC’s standard, the parking
maximum should be roughly 22 spaces. Staff encourages a discussion if the parking allocation could help
achieve design goals. Per AMC Sec. 15.28, 6 electric vehicle capable, 4 electric vehicle ready, and 2 electric
vehicle installed spaces must be present on this site.
Access Drive and Street Front: “Access to the building sites will require careful consideration of, among
other things, the existing topography, buildings’ solar orientation, and the integration of the present and future
public vehicular and pedestrian systems.”
“All entryways should: provide a sheltered transition to the inside; offer visual clues as to the desired
pedestrian circulation; possess inviting features; address the street; relate, in both scale and design style, to
the use of the Building.”
“North facing entries and outdoor spaces should be carefully considered because of winter conditions.”
“All doorway and entryways must provide protection from sloughing snow or ice, be well lit without light
pollution, and offer a spot for pedestrians and bicycle traffic to gather.”
“Avoiding the sea of asphalt feel is something that can provide interest to a project at the same time as
benefiting the environment.” (Design Guide)
Staff Response: Access to the property is limited to the location proposed due to existing topography and
road design. The building’s orientation and subsequent design choices stem from these limitations. Patrons
will be afforded sweeping views from this location, although views from within the store will be minimal. There
is a “sea of asphalt” feel in this application.
There is a proposed walkway from Post Boulevard to the heart of the site. Staff suggests striping or
differentiation in materials for the walkway to indicate the pedestrian crossing of the site’s drive lane. There is
no sidewalk proposed on the northeast side of the property since the main east/west pedestrian connection is
planned for the north side of Swift Gulch road. The walkway directly in front of the building entry is
approximately 10 feet wide. There is no proposed bicycle parking or treatments.
The building’s entrance faces northeast and it appears that other than asphalt and concrete, there are no
treatments for winter conditions. Steel awnings are present on the site plan, but their size, aesthetic, and
functionality are perhaps more appropriate in another environment.
Overall, the deviation from the DRB Guide language is concerning to Staff.
Landscaping: “Acceptable landscape design will, among other things; retain and promote as much healthy
native vegetation as practical, encourage creativity and personalized design of the landscaping, conserve
water by creating landscapes where water-wise plants predominate, minimize the use of water-heavy plants
and limit water-heavy plants to specific focal areas, limit total irrigation coverage using microclimate responsive
design of irrigation systems and their conscientious operation, eradicate and prevent noxious weed
infestations, minimize site grading, take into consideration the location and impact on the surrounding area,
and respect and enhance the design of the streetscapes.”
“The minimum landscaped area required is equal to 20% of the gross site area less the footprint of all
approved Buildings.”
“Any area outside the approved area of construction disturbance is deemed a natural area and is to remain
in its natural state.”
“Maximum site coverage for all Buildings is 30% or as the DRB recommends. Maximum site coverage for all
impervious materials is 50% or as the DRB recommends.”
“Surrounding the Buildings and along the public ways (and within ROW), landscape plantings, walks, public
lighting, site furnishings, and signage shall create a year-round synergetic, coherent, and environmentally
friendly and festive atmosphere.”
“Irrigation is required in all formal landscaped areas.” (Design Guide)
“All planted areas should not exceed a maximum slope of 2:1 with a minimum of two percent (2%). All grass
areas should not exceed a slope of 4:1 with a minimum of two percent (2%).”( Design Guide)
Staff Response: The project proposes a Landscape Area of 22,454 square feet but does not provide the
calculation required to confirm conformance with the DRB Guide and PUD, above. Impervious coverage is
not included in this application, and Staff also suggests its inclusion.
There is landscaping on property proposed to be subdivided and therefore out of the applicant’s control. Staff
is working with the DRB to confirm continued maintenance.
Staff suggests the inclusion of an irrigation plan that conforms with the PUD and DRB Guide language. A
slope analysis for landscaping might also be pertinent to assess for conformance with the PUD and DRB
Guide. Amending tree soils to achieve a minimum planting hole diameter two (2) times as large as the root
ball diameter, with at least 5% organic matter is a best practice and should be achieved.
Four-sided Design: The DRB Guide do not contain any four-sided design suggestions.
Staff Response: PZC has paid careful attention to Four-Sided Design in recent development applications
but it is not part of these Design Guidelines. Staff recommends assessing the function and the appearance
of the building from all sides.
Building Design, Building Materials and Colors: “Articulation in Building planes should be of a magnitude
and dimension that is consistent with the overall scale and massing of the Building, as well as the intent in
design and appearance.”
Staff Response: Staff is concerned that the building presents as a continuous mass, with only a cursory nod
to articulation with the raised roof form over the entrance.
Scale and Massing: “All Buildings must face the street and take suitable measures to minimize its impact on
all visible facades.
“It is encouraged to use elements to break down the out of human scale and boxy architecture and create
interest. Covered circulation, shading devices, canopies, Building entries can all be used to accomplish this.
The Wal-Mart and The Home Depot canopy design are the standard for diffusing the standard box architecture.
Passive solar design as a component of the architectural design of individual Buildings is encouraged.”
Staff Response: The building is boxy, and there is no nod to passive solar design. Design elements to diffuse
the architecture and embrace the mountain environment are encouraged. The canopy supports are a nod to
the Wal-Mart and Home Depot design, but further work to tie the building together is suggested.
Windows: “Windows create interest in Building facades and communicate the type of Building and activities
that are present. Windows may act as a lantern, establishing activity and vibrancy in the evening streetscape.”
Staff Response: The windows do not create interest and are minimized to the north elevation. Additional
window articulation is suggested despite conflicts with interior uses.
Roof Material, Pitch and Pedestrian Protection: “Each Building should utilize green roof technologies while
creating a unique expression of quality. It is strongly recommended that all primary roofs are to be “green
roofs” or “grass roofs” simple in form and skyline. Roofs may be exterior usable space or a site for photovoltaic
or hydronic collectors.”
Staff Response: There does not appear to be any green aspect to the roofing. Staff would appreciate some
nod to the design guidelines. The single pitched roof does not satisfy this design guideline and is not located
above the pedestrian entrances to provide any weather protection.
Trash Storage: “Service areas, such as loading bays, recycling areas, dumpsters, compactors, storage
areas and large utility equipment (including ground mounted equipment such as power transformers and air
handling equipment), must be enclosed, screened, or located such that they are not visible from the streets
and adjacent land uses such as pedestrian access ways so that they do not negatively impact the Village by
being in the public view.”
Staff Response: There is a proposed dumpster on the far southern corner of the property. It might be
prominent from Swift Gulch Road or the adjacent property. Staff encourages a design sheet that adheres to
the above guidelines and provides adequate recycling provisions. It must be bear-proof per AMC Sec.
8.32.080 by having a roof and a locking door.
Exterior Lighting: “Nighttime lighting on a site shall be designed to minimize glare, light trespass and light
pollution and to conserve energy and maintain night-time safety.” (Design Guide)
Staff Response: A lighting plan is not included for review. Staff suggests including a plan for review and
that the lighting does not cause glare or trespass. Of particular concern is the number and intensity of canopy
light fixtures.
Snow Removal: “Snow piles are unsightly, are hazards to traffic that can block ingress and egress and view
corridors, cause safety issues, cause potential fire hazards, and do not conform to the Design Philosophy.”
Staff Response: The snow storage areas proposed are adequate for the site.
Bicycle Facilities, Mobility and Connectivity: “The Village will share common connectors of vehicular and
pedestrian traffic. These links will be connections of similar design details, utilizing both natural and man
made design elements.”
“Properties must include continued paths, as they cross the landscaped property. This should include a
continued theme of plantings that co-exist with existing landscapes along the walking paths. Also, to be
included are benches and/or other rest areas for pedestrians, as necessary. Also to be considered are
storage areas and equipment for bicycles and other alternative transportation.”
“The carefully planned transition between auto and pedestrian is an important element that encourages the
use of convenient parking and inviting pedestrian paths.”
Staff Response: Vehicles and pedestrian connections are separated in this application. There is no
proposed sidewalk along Swift Gulch Road. The pedestrian entry path is appreciated, but Staff encourages
more permeability by also including a sidewalk. This is the first of many developments in the area, and this
area deserves a sidewalk despite the fact that a “path” is planned for the north side of Swift Gulch road. Also,
there is no outlet on the southeast side for pedestrians, making the entry path less valuable. Bollard lighting
for the pedestrian path connection would be a nice addition.
Development Transitions: “The carefully planned transition between auto and pedestrian is an important
element that encourages the use of convenient parking and inviting pedestrian paths.”
“The architecture at the Village should create visually pleasing, enjoyable Buildings and structures that create
an architecturally vibrant Village. Buildings shall include quality design details and utilize elements of design
that will add context and interest to achieve the Design Philosophy. The standard for architectural design
shall be Traer Creek Plaza.”
“Each Building must be a unique expression that complements the Village by contributing to the fabric as one
among many, not to stand alone. The designer is to establish a unique stylistic expression, while using
complementary forms of material and color.”
Staff Response: This service station will stand out and not integrate with the surrounding uses and features
if approved as proposed. The stylistic expression present is conducive to an environment that the VAA is
trying to avoid based on the above guidelines. Design work to limit the impacts to neighboring properties is
important now.
Careful review of how this building relates to existing development in the area is warranted. For example,
the Ambulance Building is the closest building to the site. It is carefully articulated with mountain-forward
design and includes interesting and appropriate detailing, materials, roof forms, .etc.
Avon Ambulance facility on Swift Gulch Road
Screening: “All roof mounted machinery, vents, fans, etc. will be screened and hidden from sight. All loading
and refuse areas, mechanical or utility equipment will be screened.”
Staff Response: The roof mounted mechanical equipment appears to be properly screened on the plans.
RECOMMENDED COMMENTS: Below is a list of design suggestions taken from the above analysis. Staff
suggests PZC discuss these points, and any additional suggestions or considerations that could be helpful
for the VAA DRB as it reviews this project:
1. Modify the design to achieve more natural muted tones, building articulation, interactive windows,
passive solar design, enhanced treatment of the entrance, and innovative design to achieve the
Design Philosophy;
2. Tie the canopy design into the building design;
3. Provide a lighting cut sheet and confirm there are full cutoff lights throughout the project, with no
glare or light trespass;
4. Light fixture temperature should be lower K rating, with lighting intensity only high enough to safely
and adequately light the site;
5. Diminish the “sea of asphalt” by allowing only 22 parking spaces for the 4425 square foot building;
6. Per AMC Sec. 15.28, 6 electric vehicle capable, 4 electric vehicle ready, and 2 electric vehicle
installed spaces must be present on this site as proposed;
7. Include a sidewalk on Swift Gulch Road;
8. Final Landscape Plans should ensure compliance with landscape coverage, impermeable area,
slope, and a minimum planting hole diameter of two (2) times as large as the root ball diameter for
trees, with at least 5% organic matter;
9. Include an irrigation plan;
10. Include a striped pedestrian crossing area, or material treatment, between the pedestrian path and
the store front;
11. Include additional bicycle parking near the primary pedestrian entrance; and
12. Include a dumpster and recycling cut sheet and ensure it is complaint with the PUD and bear proof.
Attachments:
a) Architectural drawings
Link:
a) Village (at Avon) Design Guidelines
b) Village (at Avon) DRB Guidelines
DRAINAGEEASEMENT, ASPER ITEM 29,SCHEDULE B-2UTILITYEASEMENT, ASPER ITEM 29,SCHEDULE B-210' UTILITY, DRAINAGE,PEDESTRIAN, AND SNOWSTORAGE EASEMENT, AS PERITEM 32, SCHEDULE B-2RIGHTS OF ACCESS, AS PERITEM 29, SCHEDULE B-2 &AS RECORDED AS REC. No.852794I N T E R S T A T E - 7 0S
3
3
°
2
9
'
4
9
"
W
2
7
6
.
6
9
'L=338.57',R=1226.54'D=15°48'57"PARCEL No. 2103-083-01-002RAER CREEKHOLDINGS NO. 2 LLCO F F - R A M PSECTION LINE SSSSSSSC/OWVWVWVWVWVWVWVWVWVWVWVSWWATERLATERALGATEEEEWVIRRIRRIRRIRRIRRIRRIRRWVIRREEDDDDSTACKEDROCK WALLNATURAL GASPUMP HOUSE15'X17'IRRDVARIOUS 12"RCP BEINGINSTALLEDWWATERLATERALSSMHRIM=7694.11FL=7686.06SSMHRIM=7691.56FL=7683.76SSMHRIM=7689.49FL=7681.39SSMHRIM=7677.04FL=7670.84SSMHRIM=7672.22FL=7663.57SSMHRIM=7674.59FL=7661.89SSMHRIM=7652.50FL=7645.05COMBO BOXRIM=7651.01GRATE=7650.26FL=7646.01COMBO BOXRIM=7658.92GRATE=7659.83FL=SEALEDCOMBO BOXRIM=7671.39GRATE=7670.51FL=7665.49SDMHRIM=7672.36FL=SEALEDINLET BOXRIM=7669.24FL=SEALEDINLET BOXRIM=7689.31FL=7685.46SSMHRIM=7672.88FL=7665.06WVWVIRRN 44°08'22" E39.09'FOUND REBAR & CAP(LS-37924)BENCHMARK = 7687.38L=184.88',R=630.00'D=16°48'51"N 54°48'36" E10.29'N 44°02'18" W 364.44'N 36°48'16" W 153.94'L=62.83',R=40.00'D=89°59'50"S 35°11'24" E 518.53'N 54°48'36" E 306
.58
'FOUND REBAR& CAP(LS-37924)FOUND REBAR & CAP(LS-23048 ALPINE)S W I F T G U L C H R O A DCOMBO BOXRIM=7671.39GRATE=7670.51FL=7665.49W I L L I A M J P O S T B L V D.S 19°28'47" E 794.10' (REC.)BASIS OF BEARING 794.21' (MEAS.)5-27-20SCALE:DRAWN BY:JOB NO.:DATE:DATE
CHECKED BY:REVISIONS
SHEETDWG:OF 1 SHEETS352 East RiversideDrive, Suite A-2 St.George, Utah 84790Ph (435) 673-8586Fx (435) 673-8397www.racivil.com05/27/2011746-19.115B.E.A.B.E.A.1"=50'Survey-ALTAMAVERIK INC.
FOR
ALTA/NSPS LAND TITLE SURVEY
1Brandon E. Anderson Certificate No. 38484Date:NARRATIVE:This survey was conducted at the request of the client to provide an ALTA/ACSMLand Title Survey. The Basis of Bearing were the two found rebar & capscrossing the property as noted.SURVEYOR'S CERTIFICATE:LEGAL DESCRIPTION:Block 1, AVON LANDING, A REPLAT OF TRACT H, THE VILLAGE (AT AVON) FILING3, according to the final plat recorded September 3, 2015 as Reception No.201516730.CO
L
ORADO LICENSEDPROFESSIONAL LAND SUR
VEYOR38484BRANDON E.ANDERSONCE
R
T
I
FICATE No.050 100SCALE: 1"=50'NI hereby certify to Traer Creek Holdings No. 2 LLC, a Colorado limited liabilitycompany, Maverik, Inc a Utah Corporation & Stewart Title Guaranty Company:This is to certify that this map or plat and the survey on which it is based weremade in accordance with the 2016 Minimum Standard Detail Requirements forALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA andNSPS,including items 1, 2, 3, 4, 5, 6a, 6b, 7a, 7b1, 7b2, 8, 9, 11, 13, 14, 16, &17 of Table A. The field work was completed on May 26, 2020.EASEMENTS AND SERVITUDES PERSCHEDULE B - SECTION 2:Item 11: Easements and rights of way as granted to Colorado Ute ElectricAssociation, Inc., by the following Documents: recorded September 14, 1973 inBook 231 at Page 090 as Reception No. 126957; September 14, 1973 in Book231 at Page 092 as Reception No. 126959; September 26, 1974 in Book 236 atPage 657 as Reception No. 132638+; May 28, 1964 in Book 182 at Page 413 asReception No. 99372; June 3, 1964 in Book 182 at Page 445 as Reception No.99392; August 6, 1965 in Book 190 at Page 391 as Reception No. 101887.Note: A Portion of easement was Quit Claim to Holy Cross Electric Association,Inc., by document recorded July 6, 1988 in Book 486 at Page 709 as ReceptionNo. 382912 and a Portion of Easement was Quit Claim to Nottingham RanchCompany, a Partnership, by document recorded August 11, 1988 in Book 488 atPage 898 as Reception No. 385099. - Does not AffectItem 12: Easements and Rights of way as granted to Holy Cross ElectricAssociation, Inc., by the following Documents: recorded August 14, 1973 in Book230 at Page 576 as Reception No. 126440; September 12, 1978 in Book 275 atPage 069 as Reception No. 171477; October 17, 1978 in Book 276 at Page 603as Reception No. 173013; May 16, 1979 in Book 285 at Page 581 as ReceptionNo. 181985; May 1, 1984 in Book 384 at Page 178 as Reception No. 280483;July 19, 1977 in Book 257 at Page 586 as Reception No. 153916. Does notAffectItem 13: Permanent Easement for a Perpetual Easement to The State Departmentof Highways, Division of Highways, State of Colorado recorded May 3, 1972 inBook 223 at Page 983 as Reception No. 119729. - Does not AffectItem 14: Lack of direct access to Interstate No. 70, which abuts subjectproperty. - PlottedItem 19: Easements with Covenants and Restrictions Affecting Land ECRrecorded May 30, 2002 as Reception No. 797038. - BlanketItem 27: Nottingham Dam Easement Agreement recorded August 25, 2004 asReception No. 888905. - Does not AffectItem 29: All matters as shown on the plat of The Village (at Avon) Filing 3recorded June 29, 2004 as Reception No. 882176. - PlottedItem 30: Easements with Covenants and Restrictions Affecting Land "ECR"recorded June 29, 2004 as Reception No. 882177. - BlanketItem 32: All matters shown on the Final Plat Avon Landing, a Replat of Tract H,The Village (at Avon), Filing No. 3 recorded September 3, 2015 as Reception No.201516730. - PlottedTABLE A STATEMENT OF INFORMATION:Item 2: Project Address - 00 Unknown, Avon, CO 81620.Item 3: Flood Zone Classification - Flood Zone Classification - The surveyedparcel is located within Zone "X". "X" which is defined as "Areas determined to beoutside the 0.2% annual chance floodplain", and such flood condition is shownon the Federal Flood Insurance Rate Maps, Community No. 08037C0463D,Dated December 4, 2007.Item 4: The total gross area of the site is 6.25 acres.Item 5: Vertical relief with the source of information (ground survey), contourinterval = 1 foot, datum, Benchmark is a Rebar & CAP (LS 37294)BENCHMARK=7687.38 at the southerly corner of the property.Item 6a: Zoning Classification and requirements - No letter providedItem 6b: Depiction of Zoning Requirements - No letter providedItem 7(a): Exterior dimensions of all buildings at ground level. - DescribedItem 7(b)(1): Square footage of exterior footprint of all buildings at groundlevel. 255 sq. ft..Item 7(b)(2): Square footage of other areas as specified by the client. noneItem 8: Substantial features observed - All depicted on plat.Item 9: Number of Types of Parking Spaces - noneItem 11: Location of utilities existing on or serving the surveyed property asdetermined by: Observation & blue stakes.Item 16: Evidence of recent earth moving work, building construction, orbuilding additions observed in the process of conducting the fieldwork. - 12"RCP being installed as noted.Item 17: Proposed changes in street right of way lines, if such information ismade available to the surveyor by the controlling jurisdiction. Evidence ofrecent street or sidewalk construction or repairs observed in the process ofconducting the fieldwork. - None observed.COMMITMENT FOR TITLE INSURANCE:Prepared pursuant to Stewart Title guaranty Company, Commitment Date May 7,2020, File Number: 696930.SITEalta/nsps land title surveyLOCATED IN THE S.E. 1/4 OF SECTION 7 & S.W. 1/4 OF SECTION 8T.5 S., R.81 W., 6TH P.M.AVON | EAGLE COUNTY | COLORADO FILING CERTIFICATE:DEPOSITED THIS _______ DAY OF ______2020,AT_________ IN BOOK _______ PAGE __________OF THE COUNTY SURVEYOR'S LAND SURVEYPLATS/RIGHT-OF-WAY SURVEYS, RECEPTIONNo. _______________________ .BY: _______________________________ DEPUTYAVON, COLORADOVICINITY MAPSCALE: NONEINTERSTATE 70STONE CREEKEXISTING CONCRETEEXISTING ASPHALTFOUND 3" CDOT RIGHT-OF-WAYMARKEREXISTING SEWER MANHOLEEXISTING WATER VALVEEXISTING INLET BOXNOTHING SET OR FOUNDWVSLEGEND:EXISTING SEWER LINEEXISTING GAS LINE EXISTING FENCE LINEXEXISTING FIRE HYDRANTDEXISTING STORM DRAIN MANHOLEWIRREC/OFOUND PK NAIL UNLESS NOTEDEXISTING BUILDINGEXISTING SEWER CLEANOUTEXISTING LIGHT POLEEXISTING WATER MANHOLEEXISTING ELECTRICAL BOXEXISTING IRRIGATION VALVEDEXISTING COMBO INLET BOXAttachment A
MAVERICK
STORE SWIFT
GULCH
RD
.
WILLI
A
M J
P
O
ST
BL
V
D
EXISTI
N
G
SI
D
E
W
AL
K
PARK
ING
PARK
ING
PARK
ING
YG (3)PV (6)
PG (5)
SNOW STORAGE
GRA
SS S
E
E
D
GRAS
S
S
EE
D
WETLAND SEED MIX
EXISTING FIRE HYDRANT
GRASS SEED
EXISTING AUSTRIAN PINE
TREES TO REMAIN, TYP OF (17)
PROPOSED ADA PATH
REF CIVIL
RIVER ROCK
COBBLE MULCH
(5.5' WIDTH)PERENNIALS
PERENNIALS
ENTRY SIGN
PERENNIALS
PERENNIALS
PERENNIALS
TRASH
ENCLOSURE
PERENNIALS
PERENNIALS
PERENNIALS
SNOW STORAGE
2292 SF
SNO
W
S
T
O
R
A
G
E
1023 SF
RETAINING WALL
REF CIVIL
DETENTION BASIN
REF CIVIL
EXISTING AUSTRIAN
PINE TREES
TO REMAIN
EXISTING AUSTRIAN
PINE TREES TO BE REMOVED,
TYP OF (5)
EXISTING LANDSCAPE
AREA TO REMAIN
UNDISTURBED
CONC APRON
REF CIVIL
CONC APRON
REF CIVIL
PF (3)
PS (2)
PF (3)
HS (7)
YG (6)
PG (5)
CN (3)
PP (3)
RM (7)
CS (3)RA (3)RB (3)
PG (3)
RA (3)
CS (3)
AC (3)
RB (3)
QG (3)
RA (8)
PROPERTY LINE
RIVER ROCK
COBBLE MULCH
(5.5' WIDTH)
PV (8)
CC (3)
BN (3)
RW (3)
RA (3)
PG (3)
JC (6)
RM (3)
RA (3)
AL (7)
PG (5)
CA (7)
HS (7)
PT (3)
RW (3)
AL (7)
CN (3)
PG (3)CN (3)
RA (3)RM (3)
PA (3)
SNO
W
ST
O
R
A
G
E SNOW ST
O
RA
GE
4452 SFAG (1)
PE (3)
AL (7)
PG (3)
PE (3)
AL (3)
PG (3)
PG (3)
AL (3)
CN (5)
RW (3)
PG (3)
AG (1)
PG (3)
JC (3)
AL (3)
AL (3)PM (1)
PM (1)
PM (1)
PG (5)
QG (5)
AU (3)
JC (3)
CA (12)
PV (17)
AU (3)
AG (1)
AG (1)
JC (6)
PG (5)
CN (3)
CC (3)CA (14)
PE (3)
PA (3)
PE (3)
QG (3)
CN (3)
QG (3)
RW (3)
CO (1)
CO (1)
CO (1)
CO (1)
PV (3)
PG (5)
HS (3)
PG (5)
CO (1)
AG (1)
AL (3)
QG (3)
PG (5)
RW (3)
PM (3)
PE (3)
QG (3)
CA (13)
CA (10)
AG (1)
HS (3)
PV (7)
PG (5)
BT (3)
BT (3)
CS (3)
RB (3)
PP (1)
CS (3)
PF (5)
BT (3)
AL (3)
YG (3)
AU (5)
AL (3)
BT (5)
PS (3)
PS (1)
PG (5)
AL (5)
PV (7)
PF (3)
PG (3)
AU (4)
PG (3)
CA (7)
PV (7)
CA (5)
HS (5)
PLANT BED
(MULCH)
PLANT BED
(MULCH)
GRASS SEED
GRASS SEED
GRASS SEED
Symbol Key Botanical Description QTY Size Spacing Notes
Symbol Key Botanical Common Name QTY Size Spacing Comments
RW
Yucca glauca Saopweed
Yucca 12 as
shown
CC
Crataegus
crus-gali inermis
'Crusader'
Crusader
Cockspur
Hawthorn
6 3"
Cal.
as
shown
Deciduous Trees
AG Acer ginala
'Flame'
Amur
Maple 6 3"
Cal
as
shown
PT Populus
tremuloides
Quaking
Aspen 3 as
shown
Coniferous Trees
PA Pinus aristata Bristlecone
Pine 6 10'
Ht.
as
shown
Shrubs
RB
Symbol Key Botanical Common Name QTY Size Spacing Comments
Grasses
CA 68 5 gal.as
shown
Calamagrostisacutiflora 'KarlForester'
Karl Forester
Feather Reed
Grass
Helictotrichon
sempervirensHS 25 5 gal.as
shown
Blue Avena
Grass
PG
Rhus aromatica Fragrant
Sumac 26 as
shown
PE Pinus edulis Pinyon
Pine 12 8'
Ht.
as
shown
PP Picea pungens
glauca Blue Spruce 4 14'
Ht.
as
shown
Groundcover
Symbol Common Name
Total Area Material / Product Depth / Rate Supplier
Grass Seed
(Festuca ovina)30,470 SF Kovar Sheep
Fescue
8 lbs /
acre Pawnee Buttes Seed
Bark Mulch 3,456 SF Finely Shredded
Cedar Mulch 3" Depth
PLANT SCHEDULE
YG
Rhus typhina
'Bailtiger'
Tiger Eyes
Sumac 9 as
shown
JC Juniperus communis
var. depressa
Common
Juniper 15 5
gal.
as
shown
Berberis thunbergii
'Orange Rocket'
Orange Rocket
Barberry 16 as
shownBT
Amelanchier
canadensis Serviceberry 3 as
shown
PS
QG
Rosa Woodsii Woods Rose 18 as
shown
PF
Perovskia
atriplicifolia
'Filigran'
Filigran
Russian Sage
75 5 gal.
RA
16
Quercus
gambelii Gambel Oak 20 as
shown
(Multi - Stem)
Perennials
Mixed Species
(See Perennial List)1,017 SF
Symbol Common Name
Total Area Container Size
1 GAL
Spacing
18"
OC
Supplier
Multi-Stem
B&B Clump
CS Cornus sericea
'Baileyi'
Redtwig
Dogwood 15 as
shown
PM Pinus mugo
var. rostrata Mugo Pine 6 6'
Ht.
as
shown
as
shown
as
shown
River Rock
Cobble Mulch
(Multi-colore)
1,153 SF
4" to 6" Ø
Round Stones
(Un-crushed)
4"-6"
QTY
447
B&B
B&B
Ribes aureum Gooseberry 11 as
shown
Picea pungens
'Montgomery'
Montgomery
Spruce 6 3' Ht.as
shown
AC
RM
CO Celtis
occidentalis Hackberry 5 3"
Cal.
as
shown B&B
Artemesia
ludoviciana
Prairie
Sagebrush 43 as
shownAL
Arcostaphylos
coloradoensis
Panchito
Manzanita 22 as
shownAU
CN Chysothamnus
nauseosus Rabbitbrush 25 as
shown
Panicum virgatum
'Cloud Nine'PV 55 5 gal.as
shown
Tall
Switch Grass
Wetland
Seed Mix 1,646 SF Mountain
Wetland Mix
10 lbs /
acre Pawnee Buttes Seed
BN Betula
occidentalis Red Birch 3 10'
Ht.
as
shown Multi-Stem
B&B Clump
5
gal.
5
gal.
5
gal.
5
gal.
5
gal.
6'
Ht.
5
gal.
5
gal.
5
gal.
5
gal.
5
gal.
5
gal.
5
gal.
B&B
PERENNIAL PLANT LIST:
BOTANICAL NAME COMMON NAME
Achillea 'Summer Wine'SUMMER WINE YARROW
Aquilegia 'Bluebird'BLUE BIRD COLUMBINE
Calamintha nepeta 'Blue Cloud'CALAMINT
Delospema 'Fire Spinner'ICE PLANT
Delospema 'Mesa Verde'ICE PLANT
Echinacea 'Flame Thrower'HYBRID CONEFLOWER
Gallardia x grandiflora 'Kobold' GOBLIN GOBLIN BLANKET FLOWER
Geranium 'Johnson's Blue'JOHNSON'S BLUE GERANIUM
Heliopsis helianthoides 'Tuscan Sun'TUSCAN SUNFLOWER
Hemerocallis 'Autumn Red'RED DAYLILY
Heuchera pulchella SANDIA MTN.CORAL BELLS
Leucanthemum x superbum SHASTA DAISY
Liatris spicata 'Kobold'GAYFEATHER
Monarda didyma 'Pardon My Cerise'RED BEE BALM
Mahonia repens CREEPING OREGON GRAPE
Penstemon strictus ROCKY MOUNTAIN PENSTEMON
Phlox subulata 'Fort Hill'FORT HILL MOSS PHLOX
Salvia nemorosa 'Blue Marvel'BLUE MARVEL SALVIA
Thymus praecox CREEPING THYME
L2.1
1 LANDSCAPE PLAN
1" = 20'
PERENNIAL PLANTING NOTES:
1. PERENNIALS SHALL BE PLACED ACCORDING TO THEIR MATURE HEIGHT WITH
THE SHORTEST PLANTS LOCATED CLOSEST TO THE DRIVEWAY EDGE AND
TALLEST PLANTS LOCATED FURTHEST FROM THE DRIVEWAY EDGE.
2. CONTRACTOR SHALL COORDINATE WITH THE LANDSCAPE ARCHITECT FOR
APPROVAL OF THE PERENNIAL LAYOUT AND PLACEMENT PRIOR TO FINAL
PLANTING.
LANDSCAPE AREA CALCULATIONS
TOTAL LOT AREA = 85,492 SF
LANDSCAPE AREA PROVIDED = 22,454 SF
PERCENTAGE OF LANDSCAPE AREA WITHIN LOT BOUNDARY = 26.3%
Pinyon Pine
Hackberry
Blue Spruce
Quaking Aspen
Amur Maple
Saopweed Yucca Rabbitbrush
Orange Rocket Barberry
Redtwig DogwoodPerennials
Fragrant Sumac
Woods Rose
Karl Forester
Blue Avena River Rock Cobble
Bark Mulch
Attachment A
Sp
94' - 0"50' - 11"118
35° STOR.
COOLER
119
-10°
FREEZER
112
DELI PREP
113
KITCHEN
SERVICE
111
COFFEE
PREP
105
MEN'S
104
EXIT
HALLWAY
106
WOMEN'S
115
35°
BEVERAGE
COOLER
114
30° BEER
COOLER
HOUSEKEEPING
PAD
110
VENDOR
RECEIVING
102
OFFICE
Prototype Version:
185 S. State Street
Salt Lake City, Utah 84111
Building Square Footage:
Construction Type/Occupancy Classification:
PROPOSED MAVERIK C-STORE 40_R_RR_2002
A-1 FLOOR PLAN
4,425 SF
V-B/M
SCALE:1/4" = 1'-0"1 FLOOR PLAN
Attachment A
Sp
2
A-2
3
A-2
1/4" / 12"1/4" / 12"SKYLIGHT
HVAC
ROOFTOP
UNIT
HVAC
ROOFTOP
UNIT
HVAC
ROOFTOP
UNIT
CONDENSING
UNIT
CONDENSING
UNIT
CONDENSING
UNIT
CONDENSING
UNIT
CONDENSING
UNITCONDENSING
UNIT
CONDENSING
UNIT
CONDENSING
UNIT
PVC ROOFING, WHITE, OVER R-30 RIGID INSULATION
ENTRY AWNING
ENTRY AWNINGENTRY AWNING
115' - 5 1/2"
119' - 0"
STANDING SEAM METAL
ROOF, MIDNIGHT BRONZE
Prototype Version:
185 S. State Street
Salt Lake City, Utah 84111
Building Square Footage:
Construction Type/Occupancy Classification:
PROPOSED MAVERIK C-STORE 40_R_RR_2002
A-2 ROOF PLAN & SECTIONS
4,425 SF
V-B/M
SCALE:3/16" = 1'-0"1 ROOF PLAN
SCALE:1/8" = 1'-0"2 BUILDING SECTION
SCALE:1/8" = 1'-0"3 BUILDING SECTION
Attachment A
Prototype Version:
185 S. State Street
Salt Lake City, Utah 84111
Building Square Footage:
Construction Type/Occupancy Classification:
PROPOSED MAVERIK C-STORE 40_R_RR_2002
A-3 PERSPECTIVE VIEW
4,425 SF SF
V-B/M
Attachment A
FINISH FLOOR
100' -0"
FINISH FLOOR
100' -0"
T.O. PARAPET 2
120' -0"
T.O. PARAPET 2
120' -0"
T.O. ROOF
129' -1"
T.O. ROOF
129' -1"
WAINSCOT
104' -0"
WAINSCOT
104' -0"
TYP.
04.06
TYP.
04.05
TYP.
05.69
TYP.
06.04
TYP.
06.06
TYP.
06.05
TYP.
05.10
TYP.
08.02
TYP.
08.02
T.O. WINDOW
111' -0"
T.O. WINDOW
111' -0"
TYP.
10.01
T.O. PARAPET
119' -0"T.O. PARAPET
119' -0"
TYP.
08.05
TYP.
05.01
TYP.
05.03
TYP.
05.03
TYP.
06.05
TYP.
06.04
TYP.
05.21
TYP.
06.30
TYP.
05.21
FINISH FLOOR
100' -0"
FINISH FLOOR
100' -0"
T.O. PARAPET 2
120' -0"
T.O. PARAPET 2
120' -0"
BEAM BEARING
120' -3"
T.O. ROOF
129' -1"
T.O. ROOF
129' -1"
WAINSCOT
104' -0"
WAINSCOT
104' -0"
TYP.
05.01
TYP.
05.03
TYP.
05.69
TYP.
04.06
TYP.
04.05
TYP.
06.04
TYP.
06.05
T.O. PARAPET
119' -0"
T.O. PARAPET
119' -0"
TYP.
05.05
TYP.
05.03
TYP.
06.06
TYP.
06.04
TYP.
05.21
TYP.
06.05
TYP.
06.06
TYP.
05.21
Prototype Version:
185 S. State Street
Salt Lake City, Utah 84111
Building Square Footage:
Construction Type/Occupancy Classification:
PROPOSED MAVERIK C-STORE 40_R_RR_2002
A-4 EXTERIOR ELEVATIONS
4,425 SF
V-B/M
SCALE:1/4" = 1'-0"1 FRONT ELEVATION
KEYED NOTES
04.05 STONE VENEER, SKYLINE, COUNTRY LEDGESTONE
04.06 STONE VENEER CAP, SKYLINE, COUNTRY LEDGESTONE
05.01 PRE-FINISHED GUTTER, BRITE RED
05.03 PAINTED STEEL, BLACK FOX
05.05 MBCI PRE-FINISHED ROOF, COLOR C-1, 1-3/4" STANDING SEAM
05.10 PRE-FINISHED METAL EAVE FLASHING BY ROOF MANUFACTURER, MIDNIGHT
BRONZE
05.21 PRE-FINISHED METAL COPING, COLOR C-1
05.69 STEEL AWNING, COLOR P-9
06.04 EIFS, COLOR TO MATCH SHERWIN WILLIAM SW7019, GAUNTLET GRAY
06.05 EIFS, COLOR TO MATCH SHERWIN WILLIAM SW7043, WORLDLY GRAY
06.06 EIFS TRIM, COLOR TO MATCH SHERWIN WILLIAM SW7043, WORLDLY GRAY
06.30 EIFS REVEAL
08.02 ALUMINUM STOREFRONT SYSTEM, DARK BRONZE
08.05 WINDOW, SEE SCHEDULE
10.01 ROOF ACCESS LADDER W/ SECURITY GATE, SEE DETAIL 1/A5.11. POWDER
COATED COLOR TO MATCH SIDING BB-1
SCALE:1/4" = 1'-0"2 LEFT ELEVATION
Attachment A
FINISH FLOOR
100' -0"
FINISH FLOOR
100' -0"
T.O. PARAPET 2
120' -0"
T.O. PARAPET 2
120' -0"
T.O. ROOF
129' -1"
T.O. ROOF
129' -1"
WAINSCOT
104' -0"
WAINSCOT
104' -0"
TYP.
06.05
TYP.
06.04
TYP.
04.06
TYP.
04.05
TYP.
05.69
T.O. PARAPET
119' -0"
T.O. PARAPET
119' -0"
TYP.
10.01
TYP.
06.30
TYP.
06.06
TYP.
05.21
TYP.
06.04
TYP.
32.01
FINISH FLOOR
100' -0"
T.O. PARAPET 2
120' -0"
T.O. PARAPET 2
120' -0"
BEAM BEARING
120' -3"
T.O. ROOF
129' -1"
WAINSCOT
104' -0"
WAINSCOT
104' -0"
TYP.
05.01
TYP.
05.69
TYP.
05.03
TYP.
06.06
TYP.
06.05
TYP.
06.04
TYP.
04.06
TYP.
04.05
TYP.
04.06
FINISHED FLOOR
100' -0"
FINISHED FLOOR
100' -0"
TYP.
10.01
TYP.
05.69
TYP.
06.06
TYP.
05.21
T.O. PARAPET
119' -0"
T.O. PARAPET
119' -0"
TYP.
05.05
TYP.
06.30
TYP.
05.03
TYP.
04.05
TYP.
32.01
TYP.
06.05
Prototype Version:
185 S. State Street
Salt Lake City, Utah 84111
Building Square Footage:
Construction Type/Occupancy Classification:
PROPOSED MAVERIK C-STORE 40_R_RR_2002
A-5 EXTERIOR ELEVATIONS
4,425 SF
V-B/M
SCALE:1/4" = 1'-0"1 REAR ELEVATION
KEYED NOTES
04.05 STONE VENEER, SKYLINE, COUNTRY LEDGESTONE
04.06 STONE VENEER CAP, SKYLINE, COUNTRY LEDGESTONE
05.01 PRE-FINISHED GUTTER, BRITE RED
05.03 PAINTED STEEL, BLACK FOX
05.05 MBCI PRE-FINISHED ROOF, COLOR C-1, 1-3/4" STANDING SEAM
05.21 PRE-FINISHED METAL COPING, COLOR C-1
05.69 STEEL AWNING, COLOR P-9
06.04 EIFS, COLOR TO MATCH SHERWIN WILLIAM SW7019, GAUNTLET GRAY
06.05 EIFS, COLOR TO MATCH SHERWIN WILLIAM SW7043, WORLDLY GRAY
06.06 EIFS TRIM, COLOR TO MATCH SHERWIN WILLIAM SW7043, WORLDLY GRAY
06.30 EIFS REVEAL
10.01 ROOF ACCESS LADDER W/ SECURITY GATE, SEE DETAIL 1/A5.11. POWDER
COATED COLOR TO MATCH SIDING BB-1
32.01 CHAIN LINK FENCE WITH PRIVACY SLATS. COLOR TO MATCH BUILDING FIELD
COLOR
SCALE:1/4" = 1'-0"2 RIGHT ELEVATION
Attachment A
2' - 6"OPEN TO BELOW(PUMP ACCESS)2' -
6
"
14' - 0"12' - 0"
TYP.
26.10
TYP.
10.50
TYP.
26.07
TYP.
05.68
TYP.
09.17TYP.
11.06
TYP.
32.08
TYP.
32.03
TYP.
03.10
TYP.
32.06
TYP.
32.05
TYP.
10.49
12' - 0"14' - 0"
TYP.
10.50
TYP.
26.10
TYP.
26.07
TYP.
05.68
TYP.
09.17
TYP.
11.06
TYP.
32.08
TYP.
32.03
TYP.
03.10
TYP.
32.05
TYP.
32.06
TYP.
10.492' - 9"6"3' - 3"11' - 0"28' - 0"28' - 0"28' - 0"28' - 0"28' - 0"11' - 0"
TYP. SLOPE
SEE CIVIL
TYP. SLOPE
SEE CIVIL
11' - 0"28' - 0"28' - 0"28' - 0"28' - 0"28' - 0"11' - 0"
Prototype Version:
185 S. State Street
Salt Lake City, Utah 84111
Building Square Footage:
Construction Type/Occupancy Classification:
PROPOSED MAVERIK C-STORE 40_R_RR_2002
A-6 CANOPY ELEVATIONS
4,425 SF
V-B/M
03.10 6" MIN. RAISED CONCRETE ISLAND W/ TOOLED EDGES AND CORNERS. VERIFY
SIZE W/ DISPENSER SUPPLIER +/-5'-0" X 3'-0" (NO METAL FORM). ACCESSIBLE
ISLAND TO BE 6"; SEE CIVIL DRAWINGS FOR LOCATION
05.68 ALUMINUM COMPOSITE METAL PANEL, WHITE
09.17 STEEL COLUMN, COLOR TO MATCH P-9
10.49 4A:40 BC FIRE EXTINGUISHER W/ CASE, LOCATE WITHIN 75' OF ALL PUMPS,
DISPENSERS, OR STORAGE TANK. LOCATION TO BE FINALIZED BY FIRE
MARSHAL
10.50 SIGNAGE TO BE COORDINATED BY FUEL CANOPY CONTRACTOR WITH OWNER
11.06 DISPENSING STATION (BY OTHERS)
26.07 ALL LIGHT FIXTURES (NOT SHOWN) TO BE FLUSH MOUNTED WITHIN THE DECK
PANEL SOFFIT (SOFFIT COLOR P-7). SEE ELECTRICAL AND FUEL DISPENSING
DRAWINGS
26.10 SOLAR PANELS, MOUNTED TO FUEL CANOPY STRUCTURE
32.03 4" DIAMETER "U" BOLLARD, SET AND FILLED W/ CONCRETE, SEE CIVIL
DRAWINGS PAINTED P-4
32.05 SIGNAGE, BY OWNER, TO COMPLY WITH IFC 2305.6 AND POSTED ON EACH
SIDE OF COLUMN
32.06 S.S.I. (WINDOW WASH/PAPER TOWEL) PROVIDED BY OWNER INSTALLED BY
CONTRACTOR, MOUNTED TO COLUMN PER ADA REQUIREMENTS (4'-0" MAX
A.F.F. TO PAPER TOWEL FOLD)
32.08 TRASH CONTAINER, PROVIDED BY OWNER
SCALE:1/2" = 1'-0"2 CANOPY COLUMN PLAN
SCALE:1/4" = 1'-0"4 FUEL DISPENSING CANOPY END - ELEVATION
SCALE:1/4" = 1'-0"5 FUEL DISPENSING END - ELEVATION
SCALE:1/4" = 1'-0"1 FUEL DISPENSING CANOPY STREET - ELEVATION
SCALE:1/4" = 1'-0"3 FUEL DISPENSING CANOPY - BUILDING SIDE ELEVATION
KEYED NOTES
Attachment A
Stone -Skyline, Country Ledgestone
C-2 MBCI Brite RedC-1 MBCI Midnight Bronze Anodized -Dark Bronze Paint -Black Fox
EIFS
Color: SW7019, Gauntlet Gray
EIFS
Color: SW7043, Worldly Gray
Prototype Version:
185 S. State Street
Salt Lake City, Utah 84111
Building Square Footage:
Construction Type/Occupancy Classification:
PROPOSED MAVERIK C-STORE 40_R_RR_2002
A-7 EXTERIOR MATERIALS BOARD
4,425 SF
V-B/M
Attachment A
SSSWVWVWVWVWVEIRRIRRIRRIRRWVIRREIRRWVAN40_L_RR_20014,425 SFMARTIN/MARTIN
C O N S U L T I N G E N G I N E E R S
77 METCALF RD., #301, AVON, COLORADO 81620
970.926.6007 MARTINMARTIN.COM
MAVERIK GAS STATION
POST BLVD. & I-70
AVON, COLORADO
PRELIMINARY PLANS
NOT FOR CONSTRUCTION811C100SITE PLAN Attachment A
SSSWVWVWVWVWVEIRRIRRIRRIRRWVIRREIRRWVANFFE=7677.8540_L_RR_20014,425 SFMARTIN/MARTIN
C O N S U L T I N G E N G I N E E R S
77 METCALF RD., #301, AVON, COLORADO 81620
970.926.6007 MARTINMARTIN.COM
MAVERIK GAS STATION
POST BLVD. & I-70
AVON, COLORADO
PRELIMINARY PLANS
NOT FOR CONSTRUCTION811C200GRADING & DRAINAGE PLAN Attachment A
SSSWVWVWVWVWVEIRRIRRIRRIRRWVIRREDIRRDWVAN40_L_RR_20014,425 SFMARTIN/MARTIN
C O N S U L T I N G E N G I N E E R S
77 METCALF RD., #301, AVON, COLORADO 81620
970.926.6007 MARTINMARTIN.COM
MAVERIK GAS STATION
POST BLVD. & I-70
AVON, COLORADO
PRELIMINARY PLANS
NOT FOR CONSTRUCTION811C300UTILITY PLAN #Attachment A
TO: Planning and Zoning Commission FROM: David McWilliams, AICP, Town Planner
RE: PUD20002 – CONTINUED PUBLIC HEARING – Lot line and
setback amendments on Tract A and Lot 1, Block 1, Filing 2
Eaglebend Subdivision – 4311 Eaglebend Drive
DATE: December 10, 2020
STAFF REPORT OVERVIEW: This Staff report contains one Minor Planned Unit Development (PUD)
Amendment application for consideration by the Planning and Zoning Commission (PZC) that was continued on
the November 17, 2020 meeting, pending clarifications.
SUMMARY OF REQUEST: Jena Skinner (“the Applicant”), is requesting a PUD Amendment (“the Application”)
on Lot 1, and Tract A Eaglebend PUD and Subdivision (“the Properties”). The properties are governed by the
Eaglebend PUD. Since the first PZC hearing, the Application has modified the proposed amendments thereto:
• Modification of the rear building setback to align with a proposed building addition, set to a minimum of
3.12 feet (the proposed plat [attachment B] and illustrative graphic [attachment A, last page] are different
and this report responds to the illustrative graphic as it includes the entire proposed addition)
• Relocation of the lot line between Tract A and Lot 1
• Addition of a “non-buildable area” on a majority of the west side of the new Lot 1
• The Building Area Ratio (BAR), discussed at the last PZC meeting was clarified and no modification is
proposed
• Inclusion of a majority of Tract A into Lot 1 will increase the allowed building area
The purpose is to allow for future additions to the existing single-family house. Specifically, the applicant
proposes a second garage bay with a master bedroom expansion above, a kitchen expansion, and a workspace
connected to the northwest side of the house. These improvements are not feasible under the current land use
designations. Staff has included the Staff report and materials (attachment C) from the last public hearing that
discusses the history and process of the application.
STAFF ANALYSIS: PZC should base the decision for modifying the lot line, rear setback, and no-build area
from the review criteria in the section below. PUDs allow certain negotiated flexibility away from the strict
standards of zone districts when site characteristics or other conditions merit. The site characteristics for this
property are unique in that Tract A has been coupled with Lot 1 for its entire history. By including the majority
of Tract A into Lot 1, the Applicant brings the existing house into compliance with the BAR and allows for
additions to the house. Nearby conditions have also changed, potentially meriting the modification of the rear
setback.
Staff supports the lot line move but asks PZC to consider more limitation on future development than the
application proposes. Given the neighborhood characteristics, Staff supports the no-build line along the current
Tract A boundary, and not as proposed. This helps constrain the buildable area to the original Lot 1 and
maintains Filing 1(the north side of Eaglebend drive) as relatively boxy houses, instead of potentially sprawling
designs.
The rear property setback line is currently 10 feet. The Applicant proposes a setback as shown, with a minimum
of 3.12 feet. Modification of the rear setback line may be justified due to the unique nature of built form (rear
garage), smaller lot size than the rest of the subdivision, and rear neighbor’s condition (unused railroad roughly
50 feet from the rear lot line). The minimum setback in the area supported by Staff is 3.9 feet.
PUD AMENDMENT REVIEW CRITERIA: Pursuant to ADC sec. 7.16.060(e)(4), Review Criteria, the PZC shall
consider the following criteria when forming the basis of a recommendation:
(i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or incorporates creative site design such that it achieves the purposes of this Development Code and
represents an improvement in quality over what could have been accomplished through strict
application of the otherwise applicable district or development standards. Such improvements in
quality may include, but are not limited to: improvements in open space provision and access;
environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and
other utilities and services; or increased choice of living and housing environments.
Staff Response: The unique situation addressed in this amendment is that Tract A has always been associated
with Lot 1 as its side yard. By moving the lot line and crediting the available BAR, the applicant is abile to add
additions to the house. The house’s placement upon Lot 1 precludes any garage addition except to the rear of
the lot. Whether or not this is a unique situation is debatable, although no other house in the area has a rear
garage and it appears that no other house has a garage addition. The application’s benefits to the Town include
redevelopment and an attractive housing environment to a local family.
The stated purposes of ADC sec. 7.04, Development Code, and ADC sec. 7.16.060, PUD, include
implementation of the Comprehensive Plan; regulating intensity of use; avoiding increased demands on public
services and facilities; and providing for
compatibility with the surrounding area, among
other statements.
Staff is supportive of relocating the property line
but recommends all development take place only
on former Lot 1 property. A revised no-build area
along the former property line is suggested as a
condition of approval.
The Application would increase the size of the
allowed use and result in more flexibility for future
improvements. The Eaglebend PUD is silent on
Open Space provisions, access, trails, and
sidewalks; therefore, Staff finds that they are
unaffected with this amendment. There is a
publicly owned open space tract at the end of the cul-de-sac that operates as a pocket park for the community.
The removal of the rear building setback would allow more creative site design that adapts to the current
conditions and preferences (garage addition and expanded master bedroom). The home’s layout does not allow
for creative increases in garage or floor area without setback modifications. The vicinity has changed as the
rear of the property now abuts a disused rail line and a newly realigned Beaver Creek Boulevard, precluding
development against the other side of the tracks. A slight reduction of the setback line is not concerning
intrinsically, due to the unique site considerations.
(ii) The PUD rezoning will promote the public health, safety, and general welfare;
Staff Response: Staff is unconcerned with the degree of the reduced setback line, however finds that the
increased building area proposed on the former Tract A is concerning to the public health, safety and/or welfare
of the Town.
(iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this
Development Code, and the eligibility criteria outlined in §7.16.060(b);
Staff Response: The proposed PUD amendment
is part of an established PUD and is therefore not
subject to the eligibility criteria or Public Benefit
requirements outlined in §7.16.060(b).
Consistency with the Comprehensive Plan is
required, and analysis is provided below. The
Comprehensive Plan includes this property within
District 2: The Riverfront District.
The Riverfront District encompasses all property
surrounding the Eagle river along the entire length
of Town. The planning principals for The
Riverfront District speak of connectivity and
respecting the river environment. All the planning
principles are included herein, with bolded
principles that relate specifically to this Application.
• Improve and enhance connections to the linear park along the river, the Eagle Valley Trail, Town
Center, Beaver Creek, and Nottingham Park.
• Seek easements where appropriate for river access.
• Limit access to the Eagle River to strategic locations for overall riparian health.
• Provide transit connections between Town Center and Riverfront District.
• Add sidewalks and landscaping along roads.
• Orient buildings to capitalize on the Eagle River as an amenity. Use sensitive site planning,
architectural detailing, articulation, and appropriate setbacks, color, screening, and scale of
structure to preserve the character of the river and its associated natural habitat.
• Limit building height to a scale that is subordinate to Town Center and compatible with the river
environment. Buildings should be designed to step down in height as they near the river and in
response to the natural topography.
• Adhere to the Eagle River Watershed Management Plan for river setbacks and best practices for
development in proximity to the river.
• Locate parking areas and building services away from the river and reduce their impact on the river corridor.
• Plant indigenous trees and shrubs to screen existing large residential buildings along U.S. Highway
6 and provide landforms and landscaping between residences and U.S. Highway 6.
• Minimize the loss of trees and impact to the riparian area while achieving urban design goals.
• Develop a vibrant mix of uses consisting of bed-base development, commercial
development, recreation, and open space along the river in the area closest to Town Center.
• Examine the potential to develop pedestrian and bicycle connections between Stonebridge
Drive and the Village at Avon District.
The following Goals and Policies from the Comprehensive Plan are reinforced by this application:
Policy A.1.4: Encourage development that is consistent with the overall Built Form according to the
Built Form Diagram (page 8 of the Comprehensive Plan).
Policy A.1.5: Promote development that maximizes sun exposure and protects views.
Policy B.1.3: Encourage development applicants to meet with adjacent residents, businesses, and
property owners during all application phases to identify concerns and strategies to address them.
Goal B.2: Ensure that Avon continues to develop as a community of safe, interactive, and
cohesive neighborhoods that contribute to the Town’s overall character and image.
Goal C.1: Ensure that development is compatible with existing and planned adjacent
development and contributes to Avon’s community image and character.
Policy E.1.2: Encourage private development and partnerships that provide a diversity of housing for
local working families.
(iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire protection, and sewage and waste disposal, as applicable) will be available to serve the subject
property while maintaining adequate levels of service to existing development;
Staff Response: This PUD amendment does not change the demands or ability of future development to be
served by existing installed or planned facilities and services.
(v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse
impacts upon the natural environment, including air, water, noise, storm water management, wildlife,
and vegetation, or such impacts will be substantially mitigated;
Staff Response: When compared to the existing regulations, the proposed Minor PUD Amendment will not
result in any adverse impacts upon the natural environment, wildlife, vegetation, noise, or air.
(vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse
impacts upon other property in the vicinity of the subject tract; and
Staff Response: Impacts exceeding the current development profile (single family house) may be expected with
this PUD amendment due to the inclusion of a portion of former Tract A in the building envelope.
(vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on
other properties in the vicinity of the subject tract.
Staff Response: The future use on the subject tracts will remain residential and consistent with other properties
in the vicinity. The scale of development as proposed is concerning and Staff suggests conditions of approval
to increase the non-buildable area.
RECOMMENDED MOTION: “I move to recommend that the Avon Town Council approve Case #PUD20002, an
application for a Minor PUD Amendment for Lot 1 and Tract A, Block 1, Filing 2 Eaglebend Subdivision, citing
the following findings and condition:
FINDINGS:
1. The application meets the eligibility requirements for a Minor PUD Amendment by not increasing density,
increasing the amount of nonresidential land use, or significantly altering any approved building scale
or mass of development;
2. The application is complete;
3. The application provides sufficient information to allow PZC to determine that the application complies
with ADC §7.16.060(e)(4), Review Criteria. Specifically, for Criteria i,
a. the property is unique, with combined ownership of Tract A and Lot 1
b. the rear garage location is unique for the PUD
c. the ROWs behind the property are unique
d. strict application of setbacks would limit the housing environment
4. The application complies with the goals and policies of the Avon Comprehensive Plan, including Policy
A.1.4, A.1.5, B.1.3, E.1.2 and Goal B.2 and C.1;
5. There is no extra demand for public services or infrastructure exceeding current capacity by the
Application;
6. The PUD Amendment does not substantively change the character of the development and maintains
the intent and integrity of the Eaglebend PUD; and
7. The Minor PUD Amendment is not likely to result in significant adverse impacts upon the natural
environment.
CONDITION:
1. A non-buildable area along the former Tract A - Lot 1 property line is required to preserve unity between
potential redevelopment on this property and the surrounding neighborhood.
OPTIONAL MOTION IN THE NEGATIVE: “I move to recommend that the Avon Town Council deny Case
#PUD20002, an application for a Minor PUD Amendment for Tract A and Lot 1, Block 1, Filing 2 Eaglebend
Subdivision, citing the following findings:
1. The application meets the eligibility requirements for a Minor PUD Amendment by not increasing density,
increasing the amount of nonresidential land use, or significantly altering any approved building scale
or mass of the development;
2. The application is complete;
3. The application provides sufficient information to allow PZC to determine that the application fails to
comply with the relevant review criteria; and
4. The application is not in compliance with the goals and policies of the Avon Comprehensive Plan;
5. The PUD Amendment changes the character of the Eaglebend PUD.”
Attachments
A: Revised Application Materials
B: Revised Plat
C: Staff Report dated November 12, 2020 (including original application materials)
Thank you,
David McWilliams, Town Planner
970-749-4023
cmcwilliams@avon.org
Minturn, CO 81645-0116 970.331.9791 jsdesigns@outlook.com www.jsdvail.com
12/8/20
David McWilliams, AICP
Town Planner
970.748.4023
cmcwilliams@avon.org
RE: Veraldi PUD Amendment Application
PUD20002
Dear Mr. McWilliams,
This letter is intended to formalize the proposed changes to the application, which reflect
concerns from staff and the planning commission. We feel we have embraced the
recommendations and offer the following response:
1. Precedent. The PZC repeated the concern of setting a precedent with this application
throughout the hearing on the 17th. While the fear of setting a precedent is a valid concern,
the code requirements (and findings) ensure that individual applications are evaluated
based on each project's specific merits and unique circumstances. As such, the likelihood
of a second or third application having the exact circumstances is slight. This is because
every development is different in some fashion, complete with different nuances, intentions,
goals, and logistics, with every site having distinct qualities. More importantly, planning
instruments change, as do planning trends, community needs, styles, markets, cultures,
building codes, and as such, nothing is static. What was once a brilliant design in 1980
may not be held in the same regard in 2020, and rightly so.
As such, we agree with Commissioner Hardy that this application should be based on its
unique set of specifics in order to dissolve this concern. The following are key
characteristics to be considered:
• The landowner has two, contiguous properties where no one else does. This supports
the lot owner greatly, as otherwise, his extremely narrow/shallow lot does not leave
much room to enjoy their home (there is no backyard currently so having Tract A as a
side yard is a blessing when you have children). In adjusting the lot lines between their
properties, there is an opportunity to eliminate two, non-conforming situations without
the need for a Variance. First, in changing the acreage values of each lot by shifting the
lot lines in favor of Lot 1, it will alleviate the non-conforming situation where Lot 1
currently exceeds the BAR limitation of 25% (it is approximately 29%). Second, this
modification relieves the encroachment of existing improvements found beyond the lot
line of Lot 1, and onto Tract A.
Attachment A
Minturn, CO 81645-0116 970.331.9791 jsdesigns@outlook.com www.jsdvail.com
• Through this process we will be able to allocate an official use to Tract A. We feel it was
intended to be open space or similar, but something happened where Tract A had no
uses associated with it when it was platted. This process cleans up this oversight and
ambiguity (although it will technically remain private unless conveyed to the Town). This
is important, as the community has been trespassing across the Veraldi property on the
western corner of Tract A for years using it as a means to access the neighboring
railroad property. Tract A will now officially be deemed “open space” through the
platting process and if a formalized trail system is created, this area would be a natural
location for a trailhead or similar use.
• The house itself: We are all too familiar with the cost of housing in 2020 and just how
tremendously expensive it is getting. This house, built in 1989, has a 1.5 car garage
with no room to expand internally, given the placement of the weight bearing walls
during its initial construction. The relief or modification of the rear setback allows the
ONLY area of the existing home that can accommodate a small expansion and
reinvestment by the homeowner. Note: Staff has relayed the comments from the
Commission, and the applicant has decreased the amount of area needed to
accommodate a second garage bay in response to their recommendations.
• Additionally, it is the only house that shares a driveway with its neighbor where the
garage is at the end of the drive running along the lot's side. This circumstance severely
limits parking for the two units and restricts an entire 1/3rd of the already small lot as it
must remain open for vehicles to access both Lots 1 and 2. If the driveway was single
access for Lot 1, multiple cars could park adjacent to the home on the driveway.
Because the door for the home is where it is, it is especially tricky to load small children
into vehicles safely in the drive, as the access for Lot 2 is right across from this area as
well. Were the house flipped, so the Veraldi garage was facing the road or offset from
the access to Lot 2, again, there would be way more room to enjoy the exterior and
expand the home with no amendment necessary.
Attachment A
Minturn, CO 81645-0116 970.331.9791 jsdesigns@outlook.com www.jsdvail.com
• This lot backs up to the railroad, where we are certain that no significant development
will occur. Thus, decreasing the rear setback at two points by 7’ affects no one.
Further, the ONLY impacted neighbor is Lot 2, and they are in support of this
amendment.
• House size: This property has more of a relationship with Eaglebend Filing 2 than it
does Filing 1 when considering compatibility. Directly across the street, the Veraldis
have more actual/physical neighbors in Filing 1 than they do in Filling 2. The Filing 1 lots
are more significant than what is permitted in Filing 2, and homes are larger because
they have a BAR of 50%. However, since Staff expressed concern with maintaining
compatibility with homes in Filing 2, the Veraldis are offering a no-build restriction be
placed on the majority of the reconfigured Lot 1. This restriction ensures that the house
sizes found in Filing 2 remain consistent. This restriction also limits the house size in
perpetuity as it will be a platted restriction.
• There are other areas/lots in the Eaglebend PUD that have variable setbacks. The PUD
has always had this distinction, and so this application amendment is consistent with
how the PUD was originally written. If we were the only property with this type of
setback (“except as shown”), it would be inconsistent with the zoning. In the example
above, you can see that Filing 1 also has a variable form of setback, right across the
street for the subject site.
Attachment A
Minturn, CO 81645-0116 970.331.9791 jsdesigns@outlook.com www.jsdvail.com
2. Zero Setback. Although the project did not previously propose the addition of the house
run right up to the property line, it was not received as intended. As such, the applicant
took the comments from the PC (via staff), and has further minimized the addition to the
greatest extent practicable. The amended setback line shall still read “10’ (except as
shown) on the plat; however, the actual setback will have a minimum of 3-feet. More
precisely, the setback shall follow the building outline. There is no zero setback as is
currently proposed.
We have also verified that the Railroad ROW is 50’ from the Veraldi rear property line to the
edge of the railroad tracks. It is highly doubtful that any permanent construction will be
permitted in this area, unless the railroad either abandons the ROW or decides to construct
buildings that are affiliated with the railroad itself. The applicant is willing to accept that risk
as it is so exceedingly low.
3. Proposed Plat Changes. As mentioned previously, the largest changes will be the addition
of the no-build area restriction on Lot 1 and the distinct setback line, as shown in the
example above. The following plat notes will also be added:
Window wells, heat or A/C units, counterforts below grade, fences, staircases (enclosed or
otherwise), eaves, landscaping and drainage features may extend 24” into setbacks.
The No-build Restriction prohibits the construction of any permanent and/or habitable
structures in this area. Landscaping improvements and limited recreational features are
permitted (e.g. swings or similar).
Amended Zoning Table:
Description
Max
Building
Height
Maximum
Building
Area Ratio
Front
Setback
Rear
Setback
Side
Setback Uses
AREA IV Lot 1, Block
1, Filing 2 35' 25% 25'
10'
(Except
as shown)
7.5'
SF, Du, Multi-Fam,
Condos, T'homes,
Apts, Accessory.
Bldgs and uses.
Attachment A
Minturn, CO 81645-0116 970.331.9791 jsdesigns@outlook.com www.jsdvail.com
Additionally, the following changes have been made per Staff’s review:
• “The letter T is left out of the word Town in the certificate of dedication”, has been
corrected.
• “The maximum building area ratio is different for the lots, I don’t know if that is a typo or
intentional…” This has been corrected to 25%.
• “There is no reference to a HOA or covenants. Can you have them confirm that there are
none? If there are none then the reference in the certificate of dedication should not
reference them…” This has been confirmed and the plat updated accordingly.
• “In the second line of the certificate of dedication, the word sole should be removed and it
should say being owners in fee simple.” This has been corrected.
• “Please have them show the typical easement lines shown on the previous plat.”
Easements have been added.
• “The certificate of dedication states Tract A will be conveyed to the Town. I think all you
need to do is include that in the resolution but Paul can confirm that.” This information has
been removed from the plat.
Thank you for your time and consideration of the modifications we are making to our project
application. Should you have any further questions, please do not hesitate to contact either myself
or Angelo Veraldi.
With kindest regards,
Jena Skinner, AICP
Attachment A
Angelo & Veronica Veraldi | 4311 Eaglebend Dr. | PO Box 8562 | Avon, CO 8162010'
SCALE: 1" = 10'
0 20'3’ 10.8”between proposedcorner & property line
6’ 7.2”between proposedcorner & property line
exisitinggaragekitchen/dining
livingroom
stairs 10’10’50’12’16.1’20.5’
3’ 1.2”between proposedcorner & property line
3’ 9.6”between proposedcorner & property line
kitchenremodel
garageadditionworkshopadditionworkshopaddition9’12’
Attachment A
P.O. BOX 978, AVON, CO 81620 PH: (970)949-5072 FAX: (970)949-9339
9618 BROOK HILL LANE, LONE TREE, CO 80124 EMAIL: INFO@INTER-MTN.NET20'SCALE: 1" = 20'040'Attachment B
TO: Planning and Zoning Commission FROM: David McWilliams, AICP, Town Planner
RE: PUD20002 – PUBLIC HEARING – Lot line and setback
amendments on Tract A and Lot 1, Block 1, Filing 2
Eaglebend Subdivision – 4311 Eaglebend Drive
DATE: November 12, 2020
STAFF REPORT OVERVIEW: This staff report contains one Minor PUD Amendment application for consideration
by the Planning and Zoning Commission (PZC).
SUMMARY OF REQUEST: Jena Skinner (“the Applicant”), is requesting a Planned Unit Development (PUD)
Amendment (“the Application”) on Lot 1, and Tract A Eaglebend PUD and Subdivision (“the Property”). The
properties are governed by the Eaglebend PUD. The Application proposes the following amendments thereto:
• Elimination of the rear building setback
• Relocation of the lot line between Tract A and Lot 1
• Increase Building Area Ratio on Lot 1 to 50%
The purpose is to allow for future additions to the existing single-family house. Specifically, the applicant
proposes a second garage bay with a master bedroom expansion above, a kitchen expansion, and a workspace
connected to the northwest side of the house. These improvements are not feasible under the current land use
designations, as discussed below.
MINOR PUD AMENDMENT PROCESS: This request is processed under Avon Development Code (ADC) sec.
7.16.060(h), Amendments to a Final PUD. Subsection (1)(ii), sets forth criteria for a Minor Amendment, while
subsection (2)(ii) sets forth the review procedures for the same process. According the ADC, a proposed PUD
amendment is considered Minor if it meets the following criteria for decision and has been determined as such
by the Director:
(A) The PUD amendment does not increase density, increase the amount of nonresidential land use or
significantly alter any approved building scale and mass of development.
(B) The PUD amendment does not change the character of the development and maintains the intent and
integrity of the PUD.
(C) The PUD amendment does not result in a net decrease in the amount of open space or result in a
change in character of any of the open space proposed within the PUD.
The application, as submitted, meets the criteria for a Minor PUD Amendment as there would be no exceptional
changes to building scale or character of development. The review procedures require a public hearing with the
PZC. Council will make the final decision after another public hearing and action on an Resolution for approval,
or denial by motion and vote.
PUBLIC NOTIFICATION: In compliance with the Public Hearing and noticing requirements, this report verifies
that mailed notice was sent to property owners within 300’ of the property on November 2, 2020. Additionally, a
notice was published in the Vail Daily on November 6, 2020. Certification of these requirements can be obtained
from the office of Community Development.
Attachment C
PROPERTY DESCRIPTION: Lot 1 is 4,576 square feet and is connected to Tract A for tax purposes at 10,280
square feet. Lot 2 is included in the proposed subdivision plat map due to a pending proposed easement change
but is otherwise unchanged.
Lot 1 and Tract A Highlighted
Image showing the individual lots, with Lot 2 included to show an easement.
HISTORY: The Eaglebend PUD was originally part of Eagle-Vail Metro District and the associated zoning
documents were codified before it incorporated into the Town of Avon. Lots 1 and 2, and Tract A were the
original lots created under Filing 2, while the rest of Filing 2 remained unsubdivided. Tract A was not assigned
a development right (dwelling unit) but was not explicitly designated Open Space in either the PUD or the
subdivision. It is best practice to either deed Open Space properties to a local government or control them with
Attachment C
an HOA but in this case neither happened. Tract A appears to have transferred in concert with Lot 1 and has
operated as Lot 1’s side yard for its entire existence.
The PUD includes the following limits on Lot 1:
Maximum
Building
Height
Maximum
Building Area
Ratio
Minimum
Useable Open
Space
Front
Setback
Rear
Setback
Side
Setback
Uses
35’ 25% 40% 25’ 10’ 7.5’ SF, Du, Multi-Fam,
Condos, T'homes,
Apts, Access. Bldgs
and uses.
The constructed house has a Building Area Ratio of 29.1% and does not conform with the Building Area Ratio
(BAR) regulation. Staff did not conduct an exhaustive audit of other Eaglebend Filing 1 properties but given the
development climate when the lots were built and subdivided, Staff assumes nonconformance with the Building
Area Ratios for additional lots. That is, the current BAR nonconformance of Lot 1 fits within the character of the
community. A thoughtful PUD amendment on this property is limited in its precedent due to the constraints of
other properties and the irregularity of a tract that appears to have only been created due to the curvature of the
road and original platting of the row of single family home.
STAFF ANALYSIS: PZC should base the decision for modifying the lot line, rear setback, and BAR from the
review criteria in the section below. PUDs allow certain negotiated flexibility away from the strict standards of
zone districts when site characteristics or other conditions merit them. The site characteristics for this property
are unique in that Tract A has been coupled with Lot 1 for its entire history. Nearby conditions have also changed,
potentially meriting the modification of the rear setback.
By including the majority of Tract A into Lot 1 and increasing the BAR, the Applicant brings the existing house
into compliance with the BAR and allows for additions to the house, but not as much as demonstrated in the
illustrative site plan (attachment A, last page).
Proposed Building Area Ratio with no improvements: 13.2%
Proposed Building Area Ratio with improvements: 25.4%
Staff supports the lot line move but asks PZC to consider more limitation on future development than the
application proposes. A BAR of 50% is not supported by Staff. Given the neighborhood characteristics, an
additional setback line along the current Tract A boundary should constrain the buildable area to the original Lot
1, adhering to the Tract’s original designation with no development rights.
The rear property setback line is currently 10 feet. The applicant proposes a setback of 0. While the Eaglebend
PUD does not have an underlying zone district to base analysis, analogous zone districts (Residential Low
Density, Residential Duplex) include 10-foot rear setbacks. Modification of the rear setback line may be justified
to allow for new investment in the property but also may overreach as proposed.
Attachment C
Area conditions have recently changed. The
rear yard abuts the road realignment and the
Avon Apartments development in the Village at
Avon. With two (2) permanent buffers between
the rear yard and any additional development,
the area behind the house also feels more
urban than before. Proposed development that
intrudes into the current rear setback would
potentially be seen from Eaglebend Drive but
would only be fleeting, as shown in the picture
from the curve in the road, below.
PUD AMENDMENT REVIEW CRITERIA:
Pursuant to ADC sec. 7.16.060(e)(4), Review
Criteria, the PZC shall consider the following
criteria when forming the basis of a
recommendation:
(i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or
incorporates creative site design such that it achieves the purposes of this Development Code and
represents an improvement in quality over what could have been accomplished through strict
application of the otherwise applicable district or development standards. Such improvements in
quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and
other utilities and services; or increased choice of living and housing environments.
Staff Response: The unique situation addressed in this amendment is that Tract A has always been associated
with Lot 1 as its side yard. By moving the lot line and crediting the available BAR, the applicant achieves the
ability to add additions to the house. The house’s placement upon Lot 1 precludes any garage addition except
to the rear of the lot. Whether or not this is a unique situation is debatable, although it appears that no other
house has done a garage addition. The application’s benefits to the Town include redevelopment and an
attractive housing environment to a local family.
The stated purposes of ADC sec. 7.04, Development Code, and ADC sec. 7.16.060, PUD, include
implementation of the Comprehensive Plan; regulating intensity of use; avoiding increased demands on public
services and facilities; and providing for compatibility with the surrounding area, among other statements.
Staff is supportive of relocating the property line but recommends all development take place only on former Lot
1 property. A new setback line along the former property line is suggested as a condition of approval.
The rear property line is approximately 145 feet away from
the new sidewalk on the north side of the realigned road.
Attachment C
The Application would increase the size of the
allowed use and result in more flexibility for future
improvements. The Eaglebend PUD is silent on
Open Space provisions, access, trails, and
sidewalks; therefore, Staff finds that they are
unaffected with this amendment. There is a
publicly owned open space tract at the end of the
cul-de-sac that operates as a pocket park for the
community.
The removal of the rear building setback would
allow more creative site design that adapts to the
current conditions and preferences (garage
addition and expanded master bedroom). The
home’s layout does not allow for creative
increases in garage or floor area without setback modifications. The vicinity has changed as the rear of the
property now abuts a disused rail line and a newly realigned Beaver Creek Boulevard, precluding development
against the other side of the tracks. A slight reduction of the setback line is not concerning intrinsically, but its
reduction to 0 is concerning. If conditions change with the railroad the ability to circumnavigate the house, with
or without trespassing, might be lost.
(ii) The PUD rezoning will promote the public health, safety, and general welfare;
Staff Response: Staff finds the 0 setback line, the unlimited building envelope in the former Tract A, and the
50% BAR concerning to the public health, safety and/or welfare of the Town.
(iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this
Development Code, and the eligibility criteria outlined in §7.16.060(b);
Staff Response: The proposed PUD amendment
is part of an established PUD, and is therefore not
subject to the eligibility criteria or Public Benefit
requirements outlined in §7.16.060(b).
Consistency with the Comprehensive Plan is
required, and analysis is provided below. The
Comprehensive Plan includes this property within
District 2: The Riverfront District.
The Riverfront District encompasses all property
surrounding the Eagle river along the entire length
of Town. The planning principals for The
Riverfront District speak of connectivity and
respecting the river environment. All the planning
principles are included herein, with bolded
principles that relate specifically to this Application.
• Improve and enhance connections to the linear park along the river, the Eagle Valley Trail, Town
Center, Beaver Creek, and Nottingham Park.
Attachment C
• Seek easements where appropriate for river access.
• Limit access to the Eagle River to strategic locations for overall riparian health.
• Provide transit connections between Town Center and Riverfront District.
• Add sidewalks and landscaping along roads.
• Orient buildings to capitalize on the Eagle River as an amenity. Use sensitive site planning,
architectural detailing, articulation, and appropriate setbacks, color, screening, and scale of
structure to preserve the character of the river and its associated natural habitat.
• Limit building height to a scale that is subordinate to Town Center and compatible with the river
environment. Buildings should be designed to step down in height as they near the river and in
response to the natural topography.
• Adhere to the Eagle River Watershed Management Plan for river setbacks and best practices for
development in proximity to the river.
• Locate parking areas and building services away from the river and reduce their impact on the river corridor.
• Plant indigenous trees and shrubs to screen existing large residential buildings along U.S. Highway
6 and provide landforms and landscaping between residences and U.S. Highway 6.
• Minimize the loss of trees and impact to the riparian area while achieving urban design goals.
• Develop a vibrant mix of uses consisting of bed-base development, commercial
development, recreation, and open space along the river in the area closest to Town Center.
• Examine the potential to develop pedestrian and bicycle connections between Stonebridge
Drive and the Village at Avon District.
The following Goals and Policies from the Comprehensive Plan are reinforced by this application:
Policy A.1.4: Encourage development that is consistent with the overall Built Form according to the
Built Form Diagram (page 8 of the Comprehensive Plan).
Policy A.1.5: Promote development that maximizes sun exposure and protects views.
Policy B.1.3: Encourage development applicants to meet with adjacent residents, businesses, and
property owners during all application phases to identify concerns and strategies to address them.
Goal B.2: Ensure that Avon continues to develop as a community of safe, interactive, and
cohesive neighborhoods that contribute to the Town’s overall character and image.
Goal C.1: Ensure that development is compatible with existing and planned adjacent
development and contributes to Avon’s community image and character.
Policy E.1.2: Encourage private development and partnerships that provide a diversity of housing for
local working families.
(iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire
protection, and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development;
Staff Response: This PUD amendment does not change the demands or ability of future development to be
served by existing installed or planned facilities and services.
Attachment C
(v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse
impacts upon the natural environment, including air, water, noise, storm water management, wildlife,
and vegetation, or such impacts will be substantially mitigated;
Staff Response: When compared to the existing regulations, the proposed Minor PUD Amendment will not
result in any adverse impacts upon the natural environment, wildlife, vegetation, noise, or air.
(vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse
impacts upon other property in the vicinity of the subject tract; and
Staff Response: Impacts exceeding the current development profile (single family house) may be expected with
this PUD amendment due to the 0 rear setback line, inclusion of Tract A’s area in the building envelope, and
increased BAR.
(vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on
other properties in the vicinity of the subject tract.
Staff Response: The future use on the subject tracts will remain residential and consistent with other properties
in the vicinity. The scale of development as proposed is concerning and Staff suggests conditions of approval
thereby limiting the setbacks to a more appropriate scale. Staff finds that further definition of the building
envelope and BAR would help mitigate any impacts of the proposal.
RECOMMENDED MOTION: “I move to continue the application [to a date certain] pending modifications to the
rear setback line, former Tract A building envelope lines, and Building Area Ratio.”
ALTERNATIVE MOTION IN THE POSITIVE: “I move to recommend that the Avon Town Council approve Case
#PUD20002, an application for a Minor PUD Amendment for Lot 1 and Tract A, Block 1, Filing 2 Eaglebend
Subdivision, citing the following findings and conditions:
FINDINGS:
1. The application meets the eligibility requirements for a Minor PUD Amendment by not increasing density,
increasing the amount of nonresidential land use, or significantly altering any approved building scale
or mass of development;
2. The application is complete;
3. The application provides sufficient information to allow 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. There is no extra demand for public services or infrastructure exceeding current capacity by the
Application;
6. The PUD Amendment does not substantively change the character of the development and maintains
the intent and integrity of the Eaglebend PUD; and
7. The application is in conformance with ADC §7.16.060(e)(4), Review Criteria, and compared to the
underlying zoning, the Minor PUD Amendment is not likely to result in significant adverse impacts upon
the natural environment.
CONDITIONS:
Attachment C
1. A new setback line along the former Tract A- Lot 1 property line is required to preserve unity between
potential redevelopment on this property and the surrounding neighborhood;
2. The rear setback shall be maintained at 5 (five) feet for a length of 25 feet; and
3. The Building Area Ratio shall remain at 25%.”
OPTIONAL MOTION IN THE NEGATIVE: “I move to recommend that the Avon Town Council deny Case
#PUD20002, an application for a Minor PUD Amendment for Tract A and Lot 1, Block 1, Filing 2 Eaglebend
Subdivision, citing the following findings:
1. The application meets the eligibility requirements for a Minor PUD Amendment by not increasing density,
increasing the amount of nonresidential land use, or significantly altering any approved building scale
or mass of the development;
2. The application is complete;
3. The application provides sufficient information to allow PZC to determine that the application fails to
comply with the relevant review criteria; and
4. The application is not in compliance with the goals and policies of the Avon Comprehensive Plan;
5. The PUD Amendment changes the character of the Eaglebend PUD.”
Attachments
A: Application Materials
B: Original Subdivision
Thank you,
David McWilliams, Town Planner
970-749-4023
cmcwilliams@avon.org
Attachment C
PUD Amendment Application
Eaglebend Filing 2, Lot 1 and Tract A
Town of Avon, CO
Attachment A, 1Attachment C
Veraldi PUD Amendment Application
10/15/2020 1
PUD Amendment Application
Eaglebend Filing 2, Lot 1 and Tract A
Table Of Contents
Section 1: Application Information
Section 2: Written Application
Introduction
Background
Section 3: Town Code & Master Plan Conformance
Section 4: Appendices
Appendices
A. Application Form
B. Title Commitments
C. Adjacent Property Owner Information
D. Amended Final Plat
E. Concept Construction Plans
Attachment A, 2Attachment C
Veraldi PUD Amendment Application
10/15/2020 2
SECTION 1: APPLICATION INFORMATION
Town of Avon, Colorado
Application(s): Preliminary PUD Development Plan
PUD Final Plat (Amended)
Date of Submittal: 10/19/20
Application Team:
Property Owner:
Angelo & Veronica Veraldi
4311 Eaglebend Drive,
Avon, CO 81620
970-331-3526
veraldi.co@gmail.com
Applicant
Representative
Principal:
JS Designs (JSD)
Jena Skinner, AICP
Avon, CO 81645-0116
970-331-9791
jsdesigns@outlook.com
Surveying/
Engineering:
Intermountain Engineering
Sean Fletcher
30 Benchmark Rd., Suite 216
Avon, CO 81620
970-949-5072 Ext. 106
sfletcher@inter-mtn.net
The Project is technically comprised of
two (2) parcels, using a combined parcel
number, combined on 10/3/2017.
These parcels are both under Title to
Angelo and Veronica Veraldi
The two parcels are identified as:
Eaglebend Filing 2: Tract A and
Lot 1, Block 1
Parcel 2103-073-11-039
Addressed: 4301 and 4311 Eaglebend
Drive, Avon
Attachment A, 3Attachment C
Veraldi PUD Amendment Application
10/15/2020 3
SECTION 2: WRITTEN APPLICATION
INTRODUCTION
Communities are dynamic entities where land uses and neighborhoods change in response
to housing costs, constituent preferences, and changes in society. It is becoming
increasingly important to recognize that the restrictive zoning of outdated land-use
decisions can suppress housing supply, drive up housing costs, and add to economic
disparities1. Easing restrictions in response to this can unleash a positive reaction to a
limited housing supply, which helps meet the needs of current and future residents. This
application shall focus on the two Avon residents, who find themselves currently in this
situation: living in an aging home in a PUD zone district that offers less opportunity than
what the neighboring, standard zoning allows others in the Town of Avon.
Angelo and Veronica Veraldi are the owners of a single-family home on Eaglebend Drive. As
their family expands, they are finding that the existing home, built in 1989, does not easily
accommodate their growing family and life in the mountains. Using a simple and logical
tactic in solving their dilemma through a PUD amendment, the Veraldis would like to modify
their setbacks in order to reinvest in their home so it reasonably accommodates their
family’s needs in 2020.
The main reason for their predicament is that the garage was originally constructed very
oddly, and as a result, only one car fits within it. This forces a need for exterior parking and
loading in a shared access easement. During the long winter months, there is a great
practical difficulty getting their infant into a vehicle in inclement weather. As such, they
would like to simply expand the garage to house two vehicles. In doing so, they would also
like to enhance their living space directly above the expanded garage, as well creating
space for a small workshop.
A second goal for this project is to relocate the lot line between Tract A and Lot 1. Lot 1
contains the single-family home, and Tract A has some landscaping and related
improvements, but otherwise, remains vacant- minus an unapproved/informal (trespassing)
pedestrian trail and doggie station. According to the PUD Plat for Eaglebend Filing 2, the
properties currently allow for a residential dwelling unit on Lot 1, Block 1, and Tract A has
no practical use2. Adjusting the lot line in favor of the residential use would alleviate the
limited area on the side of the home that presses up against the property line, allowing for
other small renovations needed on the 31-year old home.
1 https://www.urban.org/urban-wire/how-communities-are-rethinking-zoning-improve-housing-affordability-
and-access-opportunity
2 Although the applicable zoning plat and subsequent final plat that created the parcels recorded at reception
410263 assigns a dwelling unit to Lot 1, the only “clear” intention for Tract A is that no dwelling units were
allocated for this parcel. No other intention for Tract A has been established in either the records at Town of
Avon or as recorded in Eagle County. See attached plat, as found in the appendices.
Attachment A, 4Attachment C
Veraldi PUD Amendment Application
10/15/2020 4
The issue preventing the Veraldi family
from accomplishing their goals to reinvest
in their home is the current layout/design
of the residence, and its placement
thereof, on the existing lot. Situated right
up to the rear setback line, there is no
room currently to expand the garage
without the necessity to actually modify
the rear setback. Internally, major
weightbearing improvements prevent the
garage to expand to the south into the
existing living space, and the layout of the
home does not allow the garage to be
relocated elsewhere through a major
renovation. Fortunately, expanding the
garage to the north will have no effect on
adjacent neighbors as their house backs
up to the existing railroad line.
APPLICATION REQUEST
To alleviate the existing constraints of the existing residence and functionality of the lot, we
are requesting 1) a minor amendment to the PUD for Eaglebend Subdivision Filing 2 in
order to adjust the rear setback line and increase in building coverage to match that of the
residential Town of Avon development code, and 2), to adjust the internal lot line of their
lots, decreasing the area of Tract A and increasing Lot 1 in order to accommodate other
minor, exterior improvements to the aging residence. Please note that this plat will also
amend the shared access easement, which will also benefit the neighbors on Lot 2 in
correcting an odd parking reservation.
Existing Dimensional Limitations
PUD
Zoning
Areas
Sub-Areas
Max
Building
Height
Maximum
Building
Area Ratio
Minimum
Useable
Open Space
Front
Setback
Rear
Setback
Side
Setback Uses
AREA I
Lot 7,
Block 1,
Filing 4
70' 35% 35% As Shown As
Shown
As
Shown
Condos, Apts, Lodge,
Hotel, Recreational and
Community Facilities and
Limited Commercial uses
consisting of restaurant,
retail shops and offices.
Commercial Space ltd. to
15% of building area.
AREA II
Lots 2-5,
Block 1,
Filing 4
45' 25%/Area II 40%/Area II As Shown 0' As
Shown
Multi-Fam, Condos,
T'homes, Apts, Access.
Bldgs and uses.
Lots 6,
Block 1,
Filing 4
Lots 8-12,
Block 1,
Filing 4
Attachment A, 5Attachment C
Veraldi PUD Amendment Application
10/15/2020 5
AREA
III
Lots 1-19
and Tract
B, Filing 3
35' 20%/Area III 60%/Area III As Shown 0'
0'
(Except
as
shown)
SF, Du, Multi-Fam,
Condos, T'homes, Apts,
Access. Bldgs and uses.
AREA
IV
Lot 1,
Block 1,
Filing 2*
35' 25% 40% 25' 10' 7.5'
SF, Du, Multi-Fam,
Condos, T'homes,
Apts, Access. Bldgs
and uses.
AREA
V
Lot 1-19,
Block 1,
Filing 1
35' 50% 25%
25'
(Except as
shown)
10' 7.5'
One and two family
dwellings, Access. Bldgs
and uses
AREA
VI
Lot 1,
Block 1,
Filing 4
35' 50% 25% 25' 10' 7.5'
One and two family
dwellings, Access. Bldgs
and uses
*Note: Before subdivided (Lot 1 was the original lot for Filing 2). No Open Space was actually
created through the platting process. There are 9 subsequent plats.
Proposed
PUD
Zoning
Areas
Sub-
Areas
Max
Building
Height
Maximum
Building
Area Ratio
Front
Setback Rear Setback Side
Setback Uses
AREA IV
Lot 1,
Block 1,
Filing 2
35' 50% 25' 10’ (Except
As Shown) 7.5'
Single Family,
Accessory Buildings
and uses.
Since this project contains elements that require flexibility from the underlying zoning, this
application includes an Amended Planned Unit Development (PUD) plat and Amended Final
Plat that formalizes their request.
The next section of this application will focus on how our project conforms to the Town
Code and Community Plan.
Attachment A, 6Attachment C
Veraldi PUD Amendment Application
10/15/2020 6
SECTION 3: COMPLIANCE WITH CODE AND COMMUNITY PLAN
The following narrative follows the applicable sections of the Development
Code for the Town of Avon, as well as any applicable master plans.
SEC. 7.16.060. – PLANNED UNIT DEVELOPMENT
(a) Purpose. This Section is intended to allow flexible development patterns that are not
specifically provided for in this Development Code. It is the purpose of this Section:
(1) To promote and permit flexibility that will encourage innovative and imaginative
approaches in land development and renewal that will result in a more efficient,
aesthetic, desirable and economic use of land while maintaining density and intensity of
use consistent with the applicable adopted plans, regulations and policies of the Town;
(2) To promote development within the Town that can be conveniently, efficiently and
economically served by existing local utilities and services or by their logical extension;
(3) To promote design flexibility, including placement of buildings, use of open space,
pedestrian and vehicular circulation systems to and through the site and off-street
parking areas in a manner that will best utilize potential on-site characteristics such as,
topography, geology, geography, size and proximity;
(4) To provide for the preservation of historic or natural features where they are shown to
be in the public interest, including but not limited to such features as: drainage ways,
floodplains, existing topography or rock outcroppings, unique areas of vegetation,
historic landmarks or structures;
(5) To provide for compatibility with the area surrounding the project site;
(6) To provide for usable and suitably located open space such as, but not limited to,
bicycle paths, playground areas, courtyards, tennis courts, swimming pools, planned
gardens, outdoor seating areas, outdoor picnic areas and similar open space;
(7) To minimize adverse environmental impacts of development;
(8) To improve the design, quality and character of new development; and
(9) To provide compensating community benefits to offset any impacts of the development
and in recognition of design flexibility.
APPLICANT RESPONSE:
The proposed application does not conflict with any portion of this section, rather it
embraces the intention of the PUD in actually allowing flexibility in the site’s design without
altering any uses permitted in this zoning. More succinctly, we believe that section
7.16.060.(a)(1) fits the purpose of this amendment perfectly: all uses remain the same, and
the amendment achieves the purpose in that it promotes and permits flexibility that will
encourage innovative and imaginative approaches in land development and renewal that
will result in a more efficient, aesthetic, desirable and economic use of land while
maintaining density and intensity of use consistent with the applicable adopted plans,
regulations and policies of the Town. Further, it also embraces most of this section in that
the result of this project will provide this homeowner and neighbor a reasonable opportunity
Attachment A, 7Attachment C
Veraldi PUD Amendment Application
10/15/2020 7
to create and enjoy improved on-site parking and vehicular circulation, a well-functioning
design incorporating a 2-car garage- compatible with neighbors, improved design overall,
beneficial use of exterior on-site characteristics including topography and landscaping, and
it allows for needed upgrades to his 31-year old home which adds to their investment and
supports locals in maintaining the quality of their permanent residence.
(b) Eligibility Criteria. All of the following criteria must be met for a property to be eligible to apply
for PUD approval.
(1) Property Eligible. All properties within the Town are eligible to apply for PUD approval.
APPLICANT RESPONSE:
This property is within Town of Avon limits, and the same owners (applicants) have resided in
this residence for multiple years. Moreover, these applications (if approved), benefit multiple
property owners.
(2) Consistency With Comprehensive Plan. The proposed development shall be consistent
with the Avon Comprehensive Plan.
APPLICANT RESPONSE:
After carefully reading through the Comprehensive plan, it appears to be a wide-ranging
document that was written to generally promote and guide development in Avon as a town
overall. This means that although it identifies this area, it does not provide specific goals to
individual residential homeowners looking to reinvigorate their home. Understandably, its
focus centers on supporting a thriving mixed-use township, and simply encourages the
improvement of existing developments/neighborhoods throughout town. Under that context,
supporting locals and their desire to improve older residential buildings as part of these
neighborhoods could be applied to the situation of the Veraldi home, as it’s a small piece of
the overall desires of Avon. Importantly, in 2020 it is imperative to encourage locals to
maintain their residences- especially in older neighborhoods, which are typically more
affordable/economical.
(3) Consistent With PUD Intent. The proposed development shall be consistent with the
intent and spirit of the PUD purpose statement in Subsection 7.16.060(a).
APPLICANT RESPONSE:
Please see previous commentary. This application IS consistent with the intention of the PUD
purpose statement, found in section 7.16.060(a).
(4) Compatibility With Existing Uses. The proposed development shall not impede the
continued use or development of surrounding properties for uses that are permitted in
the Development Code or planned for in the Avon Comprehensive Plan.
APPLICANT RESPONSE:
The desire of incorporating a 2-car garage into the existing home is on par with the desires
and actual construction of homes throughout this neighborhood. A 2-car garage is typical of
the majority of single-family homes in both the Town of Avon and that of surrounding
unincorporated properties including those across the river in Eagle Vail. A garage is a
customary residential improvement and will not affect existing uses, as the residential use on
this property will be maintained/unchanged.
Attachment A, 8Attachment C
Veraldi PUD Amendment Application
10/15/2020 8
(5) Public Benefit. A recognizable and material benefit will be realized by both the future
residents and the Town as a whole through the establishment of a PUD, where such
benefit would otherwise be infeasible or unlikely.
APPLICANT RESPONSE:
Granting approval for this amendment will provide an opportunity to improve an older home
in the Town of Avon. This brings value to not only this property, but it benefits neighboring
homes in Eaglebend as well. Additionally, the upgrading of older buildings IS supported by
the Town of Avon Comprehensive Plan, and by supporting locals, attainable housing goals
are also supported. While this Minor PUD Amendment will not have far-reaching benefits to
every single resident in Avon, it will provide a positive effect and/or reduction of a negative
situation for long-time locals, who are important members of the Avon community.
(1) Preservation of Site Features. Long-term conservation of natural, historical, architectural
or other significant features or open space will be achieved, where such features would
otherwise be destroyed or degraded by development as permitted by the underlying
zoning district.
(2) Sufficient Land Area for Proposed Uses. Sufficient land area has been provided to
comply with all applicable regulations of the Development Code, to adequately serve the
Attachment A, 9Attachment C
Veraldi PUD Amendment Application
10/15/2020 9
needs of all permitted uses in the PUD projects and to ensure compatibility between uses
and the surrounding neighborhood.
APPLICANT RESPONSE:
The property is large enough to accommodate existing site features including parking,
landscaping, and the non-buildable area of Tract A. This Minor PUD Amendment will not
encroach or modify any area affecting others. As such, compatibility will not be altered. All
uses on these properties remain residential.
(b) Dimensional and Development Standards. The following dimensional and development
standards shall apply to all PUDs.
(1) Overlay District. A PUD shall be an overlay district and shall be applied over an underlying
zone district. If there is no underlying zone district, one shall be established prior to or
concurrently with a PUD approval. The rezoning process set forth in Section
7.16.050 shall be used to establish the underlying zone district.
(2) Permitted Uses. PUD uses shall be limited to those allowed either as permitted,
accessory or special review uses in the underlying zone district.
(3) Development Standards. Chapter 7.28, Development Standards, shall apply to PUD
projects.
APPLICANT RESPONSE:
The zoning will not change with this minor PUD amendment, and all uses shall remain the
same/consistent with the existing residential uses anticipated for this neighborhood.
Importantly, by expanding the existing garage, there will be an INCREASE in parking spaces
over what is required in 7.28.20, and preservation of well-established landscaping in the front
and side yards, which are the two areas of the lot that are highly visible from neighbors and
passersby.
(a) General Procedures. All PUDs are processed in two (2) stages: 1) the preliminary PUD; and
2) the final PUD. The final PUD can only be filed with the Town for review and processing
after the preliminary PUD has been approved or conditionally approved by the Town
Council. The filing of a PUD in the office of Community Development shall not constitute the
effective dedication of easements, rights-of-way or access control, nor shall the filed PUD
plan neither be the equivalent of nor substitute for the final platting of land. Specific
procedures for preliminary PUD and final PUD are outlined below.
(1) Coordination With Subdivision Review. It is the intent of this Development Code that
subdivision review required under Section 7.16.070, Subdivisions, if applicable, be
carried out concurrently with the review of PUD development plans under this Section. If
subdivision approval is required for the subject property, the PUD plans required under
this Section shall be submitted in a form that satisfies the requirements for preliminary
and final subdivision plat approvals. If any provisions of this Section conflict with the
subdivision procedures or standards of this Development Code, the more restrictive or
detailed requirements shall be met, unless specifically altered by the Town Council.
(b) Procedures for Preliminary Planned Unit Development. The general procedures set forth
in Section 7.16.020 shall apply to preliminary PUD applications. Where subdivision approval
will be required to implement development in a proposed PUD, the applicant shall file a single
Attachment A, 10Attachment C
Veraldi PUD Amendment Application
10/15/2020 10
preliminary PUD plan incorporating the application requirements of both the PUD and
subdivision preliminary plans. The provisions and procedures for public notice, hearing and
review for a PUD as prescribed in this Section shall apply to the application.
(1) PUD Master Plan and Guide Required. The application for PUD rezoning shall include a
preliminary PUD plan. The Director shall require sufficient detail in the preliminary PUD
plan to provide an opportunity for the approving bodies to make informed decisions and
evaluate compliance with the applicable approval criteria. The plan shall include, at a
minimum:
(i) A quantitative summary of existing conditions on the subject property;
(ii) A list of uses to be allowed within the PUD by right, a list of uses to be allowed only
with a special review use permit and a list of temporary uses;
(iii) Parking analysis based on proposed uses;
(iv) Density of uses proposed;
(v) Location of public and private open space;
(vi) Location of existing and proposed buildings on the site;
(vii) Road, street and pedestrian networks proposed;
(viii) Drainage facilities;
(ix) Existing or proposed utilities and public services;
(x) If development is to be phased, a description of the phase components and timing;
(xi) A statement that development on the site will meet applicable standards of the
underlying zoning district and this Development Code or a statement specifying the
standards of the underlying district and this Development Code to which
modifications are proposed and the justification for such modifications; and
(xii) A statement specifying the public benefits to be contained in or associated with the
PUD.
APPLICANT RESPONSE:
All requirements for this Minor PUD Amendment and subsequent Amended Plat have been
incorporated as part of this application.
(2) Notice. Where subdivision approval will be required to implement development in a
proposed PUD, the public hearing notice requirements for preliminary subdivision plan
approval shall be combined and shall run concurrently with the PUD public notice and
hearing requirements.
(3) Reviewing Authority. The PZC shall review a preliminary PUD applications and shall
provide a recommendation to the Town Council after conducting a public hearing. The
Town Council shall review and render a final decision on a preliminary PUD application
after conducting a public hearing. Unless otherwise approved by the Town Council,
Attachment A, 11Attachment C
Veraldi PUD Amendment Application
10/15/2020 11
approval of a preliminary PUD application shall vest no rights to the applicant other than
the right to submit a final PUD development plan.
(4) Review Criteria. The PZC and Town Council shall consider the following criteria as the
basis for a recommendation or decision to rezone a property to PUD overlay, approve a
preliminary PUD plan or process a PUD amendment:
(i) The PUD addresses a unique situation, confers a substantial benefit to the Town
and/or incorporates creative site design such that it achieves the purposes of this
Development Code and represents an improvement in quality over what could have
been accomplished through strict application of the otherwise applicable district or
development standards. Such improvements in quality may include, but are not
limited to: improvements in open space provision and access; environmental
protection; tree/ vegetation preservation; efficient provision of streets, roads and
other utilities and services; or increased choice of living and housing environments;
(ii) The PUD rezoning will promote the public health, safety and general welfare;
(iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of
this Development Code and the eligibility criteria outlined in Subsection 7.16.060(b);
(iv) Facilities and services (including roads and transportation, water, gas, electric, police
and fire protection and sewage and waste disposal, as applicable) will be available to
serve the subject property while maintaining adequate levels of service to existing
development;
(v) Compared to the underlying zoning, the PUD rezoning is not likely to result in
significant adverse impacts upon the natural environment, including air, water, noise,
storm water management, wildlife and vegetation, or such impacts will be
substantially mitigated;
(vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in
significant adverse impacts upon other property in the vicinity of the subject tract; and
(vii) Future uses on the subject tract will be compatible in scale with uses or potential
future uses on other properties in the vicinity of the subject tract.
(c) Procedures for Final Planned Unit Development Approval. The general procedures set forth
in Section 7.16.020, General procedures and requirements, shall apply to final Planned Unit
Development applications subject to the following exceptions and additions:
(1) Pre-Application Conference. A pre-application conference shall be required, unless
waived by the Director.
(2) Contents of the Final PUD Master Plan. The final PUD master plan shall contain all of the
materials included in the preliminary PUD development plan, together with revisions, if
any, that may be approved by the Planning and Zoning Commission without an additional
public hearing, as described in Subparagraph b. below. In addition to the materials
required in the administration manual, the final PUD master plan shall include the
following:
Attachment A, 12Attachment C
Veraldi PUD Amendment Application
10/15/2020 12
(i) Phasing Program. A document describing any proposed phasing program of the
development for all structures, recreational and other common facilities and open
space improvements, including time schedule for commencement and completion
dates of construction of each phase. Intermediate phases shall not exceed overall
project density, and a pro rata allocation of common open space shall be made as
each phase is developed.
APPLICANT RESPONSE:
A phasing plan is not applicable to this Minor PUD Amendment.
(ii) Common Open Space Agreement. A copy of the formal agreement with a public
agency or private association for the ownership and maintenance of the common
open space is required.
APPLICANT RESPONSE:
A common open space agreement is not applicable to this Minor PUD Amendment, as there
is no homeowner’s association for Eaglebend.
(iii) Plats for Recording. A copy of any subdivision plat, plat of dedication or plat of
vacation that may be a necessary part of the PUD rezoning is required
(iv) Covenant. A restrictive covenant in a form acceptable to the Town Attorney limiting
development of construction upon the tract as a whole to such development and
construction as shall comply with the final PUD development plan as approved by the
Town Council, which document shall include a provision granting the Town a right to
enforce the same.
(3) Permitted Minor Changes From a Preliminary PUD Master Plan. Minor changes in the
location, siting and height of structures, streets, driveways and open spaces may be
authorized by the PZC to be included in the final PUD master plan in accordance with the
following procedure without additional public hearings, if such changes are required by
engineering or other circumstances not foreseen at the time the preliminary PUD
development plan is approved. No change authorized by this Subsection may cause any
of the following:
(i) A change in the use or character of the development;
(ii) An increase by more than one percent (1%) in the overall coverage of structures;
(iii) An increase in the density or intensity of use;
(iv) An increase in the impacts on traffic circulation and public utilities;
(v) A reduction of not more than one percent (1%) in approved common open space.
APPLICANT RESPONSE:
There will be no change in the use or character of the development, outside of enhancing the
use of the properties. The request to expand building coverage is being sought to match this
property’s limitation with the current development code; however, there will not be an
increase in density or intensity of use, traffic, or a reduction in approved common open
space as the result thereof.
Attachment A, 13Attachment C
Veraldi PUD Amendment Application
10/15/2020 13
(4) Reviewing Authority. The PZC shall review all final PUD applications and shall provide a
recommendation to the Town Council after conducting a public hearing. The Town
Council shall review and render a final decision on a final PUD application after
conducting a public hearing.
(5) Review Criteria. The PZC and the Town Council shall review the final PUD development
plan and PUD rezoning according to the same approval criteria listed above for
preliminary PUD development plans.
(d) Recordation. The applicant shall record the approved final PUD, as approved, in the office of
the Eagle County Clerk and Recorder within thirty (30) days after the date of approval. If the
final PUD is not recorded, the approval of the Town Council shall be deemed to have been
withdrawn and the approval shall be null and void.
(e) Amendments to a Final PUD. Unless a final PUD contains different amendment procedures,
amendments to a final PUD are governed by this subsection. The PUD amendment process
is dependent on the type of amendment.
(1) PUD Amendment Categories. Categories of PUD amendments are established and
defined as follows for the purpose of determining the appropriate review procedure:
(2) Administrative Amendment. A proposed PUD amendment is considered administratively if
it provides for the correction of any errors caused by mistakes that do not materially alter
the substance of the PUD development plan as represented to the Town Council.
(3) Minor Amendment. A proposed PUD amendment is considered minor if it meets the
following criteria for decision and has been determined as such by the Director:
(i) The PUD amendment does not increase density, increase the amount of
nonresidential land use or significantly alter any approved building scale and mass of
development.
(ii) The PUD amendment does not change the character of the development and
maintains the intent and integrity of the PUD.
(iii) The PUD amendment does not result in a net decrease in the amount of open space
or result in a change in character of any of the open space proposed within the PUD.
APPLICANT RESPONSE:
The main purpose of this Minor PUD Amendment is to reduce a rear setback to allow for an
existing, constrained single-family home to improve its ability to shelter an additional vehicle
and alleviate an inherited difficulty created by former owners. This Minor PUD Amendment
does not increase density, increase the amount of nonresidential land use or significantly alter
any approved building scale and mass of development (dimensional limitations/coverages)
beyond what is typical of residences in Avon. Additionally, the amendment does not change
the character of the development and maintains the intent and integrity of the PUD. This PUD
amendment does not result in a net decrease in the amount of open space or result in a
change in character of any of the open space within the PUD, as neither of these lots contain
approved and/or designated open space areas.
Attachment A, 14Attachment C
Veraldi PUD Amendment Application
10/15/2020 14
CONCLUSION
The Veraldi family inherited the existing situation of a constrained garage from the previous owners
of their single-family home. Over time, the needs of families and architectural standards in our
valley have changed, and upgrades to this home built in 1989 are necessary- and encouraged by
the Town of Avon Comprehensive Plan. As the purpose of PUD zoning is to provide the
opportunity for flexibility in design elements like setbacks, the zoning remains appropriate as an
overlay for this property. This Minor Amendment is very negligible in the grand scheme of the future
of Avon; however, it is VERY important to the Veraldi family as a major improvement to their quality
of life and economic investment in their home.
Attachment A, 15Attachment C
Attachment A, 16Attachment C
Attachment A, 17Attachment C
Attachment A, 18Attachment C
Attachment A, 19Attachment C
ΔP.O. BOX 978, AVON, CO 81620 PH: (970)949-5072 FAX: (970)949-9339
9618 BROOK HILL LANE, LONE TREE, CO 80124 EMAIL: INFO@INTER-MTN.NET20'SCALE: 1" = 20'040'Attachment A, 20Attachment C
Angelo & Veronica Veraldi
4311 Eaglebend Dr. | PO Box 8562
Avon, CO 81620
970.331.3526 | veraldi.co@gmail.com
Angelo & Veronica Veraldi | 4311 Eaglebend Dr. | PO Box 8562 | Avon, CO 81620
East Elevation | The existing garage is accessible from this direction. In order to gain the addtional space
needed to park a second vehicle in the garage, we would have to extend the garage to the east. This is not
feasible because of the nature of our shared driveway. Aside from impacting our neighbor’s access to their
property, we would be enchroaching on the easement for the driveway, and the turning radius to enter our
garage would be significantly diminished, if not impossible to navigate.
South Elevation| Locating the garage addition here would put it on the opposite side of the house from the
existing garage. The grade is between the ground floor and the basement. There is a cluster of trees, including a
thirty foot tall spruce and a trio of aspens. On the inside of this wall are stairs all the way from the basement to
the upper level, and the living room with a 5’ x 6’ picture window and three smaller windows. These circum-
stances would dictate an impractical configuration with no interior access to the main house. Furthermore, it
would detract from the curb appeal.
West Elevation | Locating the garage addition here would mean it is not in proximity to the existing garage.
Since we are not allowed to cut another driveway from the street, it would be a challenge to try and access a
garage in this location. Again, the grade would be an issue, as would access to the main house.
North Elevation | Locating the garage addition here is the most logical, in terms of coordinating with the existing
garage and imparting the least impact to the line of sight from the street and our neighbors.
Currently, on the ground level, we have the garage on the east half of the house, and the kitchen on the west
half. On the upper level, there are two bedrooms against the north wall. By locating the garage addition along
the north side of the house, it will afford us the opportunity to reconfigure the ground and upper levels. On the
ground level and behind the garage addition, we would expand the existing kitchen and create a dinning
area. On the upper level, we would expand the existing bedrooms and add a larger closet& an en-suite bath.
This addition will also serve to provide a buffer between from the current and future development of the Village
at Avon, East Beaver Creek Boulevard, and God forbid, the railroad, should that ever come back to life.
In closing, with the addition located here, the view corridors, property values, property access, and distance
between our home and our Eaglebend neighbors will not be impacted. I am attaching signeds letter of
acknowledgment and support from all our neighbors within 300 feet of the proposed addition.
Attachment A, 21Attachment C
28.5’8.3’
3.9’
20.4’13’4.0’10.1’20.5’14.1’2.2’
10’
30.4’10’34.4’28’4.5’
3’3’6’16.7’
2’2’6.4’6.4’32.1’20.5’5.2’
Attachment A, 22Attachment C
Angelo & Veronica Veraldi | 4311 Eaglebend Dr. | PO Box 8562 | Avon, CO 8162012’14’16.1’20.5’10’10'
SCALE: 1" = 10'
0 20'
1’ 3.3”between proposedcorner & property line
1’ 10.8”between proposedcorner & property line
4’ 7.2”between proposedcorner & property line
kitchenremodel
workshopaddition
garageaddition
exisitinggaragekitchen/dining
livingroom
stairs
Attachment A, 23Attachment C
TO: Planning and Zoning Commission
FROM: David McWilliams, AICP, Town Planner
RE: SRU200001 & MNR20046 Special Review Use & Minor
Development Plan Public Hearing
Lot 14/15 Benchmark at Beaver Creek Subdivision / 371
Metcalf Road
DATE: December 11, 2020
STAFF REPORT OVERVIEW: This Staff report contains two (2) combined applications for Planning and Zoning
Commission (PZC) review: Special Review Use (SRU) application to allow the use of two (2) Accessory Dwelling
Units (ADU) at 371 Metcalf Road (the Property); and a Minor Development Plan (MNR) to modify the exterior of the
property.
SUMMARY OF REQUEST: Mark Donaldson (the Applicant) proposes two (2) ADUs on Lot 14/15 unit 2SA1 (the
property) with 670 and 683 square feet, respectively for Paul Bennicoff Inc. Both units are two bedrooms. The
current commercial space is one level with vaulted ceilings and the second floor will be built for the units. The
commercial space will remain at 1,403 square feet.
PUBLIC NOTICE: Notice of the public hearing was published in the December 4, 2020 edition of the Vail Daily in
accordance with Sec. 7.16.020(d) of the Avon Development Code (ADC). Mailed notice was sent on December
3.
PROPERTY DESCRIPTION: Lot 14/15 is 2.79 acres located on Metcalf Road in the Light Industrial and Commercial
Employment District (IC) zone district. According to ADC Table 7.20-13, up to 4 ADUs are allowed per lot. There are
currently two (2) housing units best described as ADUs on Lot 14/15, which are 2,015 and 860 square feet and these
additional ADUs will exhaust the allowed allocation.
PROCESS: ADUs are permitted, subject to SRU, with the review criteria below. The exterior modifications are
subject to a MNR, also with the review criteria below. PZC will make a decision based on a review of the criteria,
staff comments, and considering comments at the public hearing.
PLANNING ANALYSIS: ADC Sec. 7.24.070(e) sets standards for ADUs in residential areas but is not applicable
due to this application’s location in the IC zone district. There are no additional standards for this use in the IC zone
district.
EXISTING USES:
Business Name Type Unit
Berit Brooks Retail Sales 2NA*
Shaw Electric Inc Specialty Trade Contractors - Other 2ND
Jeff Schiros Painting Inc Specialty Trade Contractors - Other 2NB*
Peak Building Services, LLC Specialty Trade Contractors - Other 1SA
Ready, Set, Pedal Other Direct Selling Establishments 2NE
Performance Horse Blankets Other Durable Goods Merchant Wholesalers 2NE
AAA Mini Storage Lessors of Miniwarehouses and Self-Storage Units
Burgess Fine Woodworking Miscellaneous Manufacturing - Other Sb1
Maverick Flooring Inc Floor Covering Stores
Paul Bennicoff Inc
General Automotive Repair 2SA1
* Connotes current ADU (approved as live/work)
DWELLING UNITS IN THE IC DISTRICT: Of the 23 properties zoned IC, 5 have dwelling units associated with them:
Address Lot
Building
Size (sf)
Number
DUs
431 Metcalf 12 7,734 4
371 Metcalf 14/15 55,200 2
850 Nottingham 25 41,640 1
910/930 Nottingham 26-28 65,817 1
730 Nottingham 31 14,000 4
DESIGN STANDARDS ANALYSIS:
Building Design, Building Materials and Colors: This ADU retrofit proposes adding several windows, changing
the garage bay, and adding a door on the exterior stairway. These changes will not greatly affect the overall
aesthetic of the boxy commercial building and are deemed compliant with code.
Exterior Lighting: Lighting locations are noted on the application, but no lighting cut sheet was offered. Staff
suggests a condition of approval of the MNR to require code compliant lighting fixtures on the entire exterior
represented in the architectural drawings.
Parking and Traffic: Both ADUs require 2 spaces each. The commercial space remaining requires 2 spaces.
The property’s covenants allocate 5 spaces for unit 2SA1. Parking spaces present when the project was
completed total 57, however, over the years the property has added 11 informal spaces (Attachment A, page 8).
The complex does not have assigned spaces, and the HOA has granted approval of the application. The
Applicant offers that the garage can accommodate 2 cars during non-business hours. Staff does not want to
weigh in on the code compliance of the 11 additional spaces, but the 2 additional spaces in the garage satisfy the
space requirements. The HOA will need to monitor the situation, but there are no overt issues to disrupt the
application.
SPECIAL REVIEW USE CRITERIA: AMC Sec. 7.16.100, "provides a discretionary approval process for special
review uses that have unique or widely varying operating characteristics or unusual site development features.
The procedure encourages public review and evaluation of a use' s operating characteristics and site
development features and is intended to ensure that proposed use will not have a significant adverse impact on
surrounding uses or on the community at large." The PZC shall use the following review criteria as the basis for
a decision on an application for a special review use:
1) The proposed use is consistent with the Comprehensive Plan and all applicable provisions of this
Development Code and applicable state and federal regulations;
Staff Response: General Comprehensive Plan references to housing are found below:
Goal B.1: Provide a balance of land uses that offer a range of housing options, diverse commercial and
employment opportunities, inviting guest accommodations, and high quality civic and
recreational facilities that work in concert to strengthen Avon's identity as both a year-round
residential community and as a commercial, tourism and economic center.
Policy B.2.2: Promote a wide range of residential uses throughout the Town.
This property is located within District 6: Gulch Area District within the Comprehensive Plan. The District
description states, "Live/ work development opportunities in the Light Industrial and Commercial zone district that
do not possess significant conflicts with surrounding land uses should be encouraged." The planning principles
state, "Accommodate residential development that supports primary industrial or employment land uses."
Staff reviewed the proposed AUDs and found no conflict with the intensity of use or scale of the proposal. PZC
has conditioned similar applications with the requirement that the occupants work for the business or on the
property of the dwelling unit. In this case, no such offer was made, and Staff’s preference would be to condition
this application consistently with the previous units on the property.
2) The proposed use is consistent with the purpose and intent of the zoning district in which it is
located and any applicable use-specific standards in the Development Code;
Staff Response: ADUs units are permitted with SRUs in the IC zone district. Uses permitted in the IC zone
district are intended to serve community and regional needs and limited housing uses are consistent with the
purpose and intent of the IC zone district.
3) The proposed use is compatible with adjacent uses in terms of scale, site design and operating
characteristics;
Staff Response: ADUs are compatible with, and will not negatively impact, adjacent uses which commercial in
nature. Uses include sales, storage, and trades.
4) Any significant adverse impacts (including but not limited to hours of operation, traffic
generation, lighting, noise, odor, dust and other external impacts) anticipated to result from the
use will be mitigated or offset to the maximum extent practicable;
Staff Response: These ADUs correspond well to the existing uses on the property. They will have a negligible
impact on traffic generation, lighting, noise, odor, dust, and other external impacts.
5) Facilities and services (including sewage and waste disposal, water, gas, electricity, police and
fire protection and roads and transportation, as applicable) will be available to serve the subject
property while maintaining adequate levels of service for existing development; and
Staff Response: The ADUs will be included in all applicable utilities and services, including police and fire
protection. It should have a negligible impact on these utilities and services. Staff referred this project to the
Eagle River Fire Protection District and has not received comments; any comments will be included before a
building permit will be issued.
6) Adequate assurances of continuing maintenance have been provided.
Staff Response: Continued maintenance is essential for the property to provide both an appealing residential
component and the continued successful commercial businesses. The same level of maintenance and oversight
of the property are anticipated into the future.
MINOR DEVELOPMENT PLAN & DESIGN REVIEW - REVIEW CRITERIA: § 7.16.080(f), Development Plan
MINOR 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;
2) Evidence of substantial compliance with §7.16.090, Design Review; 3) Consistency with the Avon 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;
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 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: The application’s changes include adding a door, modifying a garage bay, and additional windows. The
scale of the development is small and does not impact the form or appearance of the building. It is compliant with the review
criteria. Staff added a condition regarding lighting to achieve compliance.
§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;
2) The design meets the development and design standards established in this Development Code; and
3) The design reflects the long- range goals and design criteria from the Avon Comprehensive Plan and other
applicable, adopted plan documents.
Staff Response: The design has been evaluated for conformance with Design Review Criteria section and found in compliance.
Applicable adopted plans include the Avon Comprehensive Plan and ADC.
RECOMMENDED MOTION – SRU20001: “I move to approve Case #SRU20001, a Special Review Use
application for Lot14/15, Block 1, Benchmark at Beaver Creek Subdivision together with the findings as
recommended by Staff.”
Findings:
1. The application qualifies as a Special Review Use pursuant to §7.16.1000 of the Development Code;
2. The application is complete;
3. The application provides sufficient information to allow 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. There is no extra demand for public services or infrastructure exceeding current capacity by the
Application;
6. The proposed use has a negligible impact to adjacent or on-site uses; and
7. The proposed use is compatible with adjacent uses in terms of scale, size and scope.
RECOMMENDED MOTION – MNR20046: “I move to approve Case #MNR200046, an application for Minor Design
and Development Plan for Lot 14/15, Block 1 Benchmark at Beaver Creek Subdivision together with the findings of
fact and condition outlined by Staff.”
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.
Condition:
1. Code compliant lighting fixtures shall be approved by Staff for the entire exterior represented in the
architectural drawings before a building permit is issued.
ATTACHMENTS:
A. Application Materials
Thank you,
David McWilliams
970-749-4023 / cmcwilliams@avon.org
90 BENCHMARK ROAD
SUITE 207
PO BOX 5300
AVON, CO 81620
970/949-5200
FAX 949-5205
DEC 2, 2020
Project Description for Bennicoff Live/Work Units
371 Metcalf Road – Unit #2SA-1
Vail Avon Commercial Park
Paul Bennicoff, Inc. needed additional work space for this longstanding business in Avon for
vehicle detailing and storage at the lower level of the Subject Unit. He therefore purchased the
Unit within his existing building in AUG 2020 to complement this fast-paced business and to provide
the two proposed Live/Work Units.
Paul will manage both of his business Units within this complex which in turn allows local rentals to
utilize the upper level of the Subject Unit for Live/Work Units in our area.
The attached application is to build out the 2 Live/Work Units including expanding the 2nd Floor out
to the western end of the Unit.
Access to the 2 proposed Units is via the existing exterior stairway on the south end of the Unit and
the Building. The 2 near identical, 2 bedroom/2 Bath Units will be the only Use at the 2nd Floor.
Kindly let us know of any further information that may be needed to further our approval and
thank you for your staff support in this process.
Respectfully submitted,
Mark Donaldson/VMDA
Attachment A, 1
Attachment A, 2
Attachment A, 3
Attachment A, 4
Attachment A, 5
Attachment A, 6
Attachment A, 7
Attachment A, 8
Attachment A, 9