PZC Packet 051821
Notice of Regular Avon Planning and Zoning
Commission Meeting
May 18, 2021 at 5:00 p.m. MST
WEBINAR MEETING ONLY
Avon Town Hall is closed to the public due to COVID-19
pandemic health orders to restrict gatherings.
Physical attendance of Avon Planning and Zoning meeting
is not allowed.
Please go to the Town of Avon website, www.Avon.org, and
click on the Planning and Zoning Commission Meeting bar on
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join the meeting. You can also find the agenda and meeting
packet materials for the Council meeting under Government >
Planning and Zoning Commission > Agendas, Packets &
Materials.
We apologize for the inconvenience and
appreciate your patience!
______________________________________________________________________________
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, MAY 18, 2021
MEETING BEGINS AT 5:00 PM
VIRTUAL MEETING ONLY
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX-PARTE COMMUNICATION RELATED TO AGENDA ITEMS
4. BUSINESS I TEMS
4.1. 5151A LONGSUN LANE – LOT 48A BLOCK 4 WILDRIDGE SUBDIVISION - PUBLIC HEARING – MINOR
DEVELOPMENT PLAN AND ALTERNATIVE EQUIVALENT COMPLIANCE FOR A SPLIT RAIL FENCE WITH MESH
THAT DOES NOT COMPLY WITH AVON DEVELOPMENT CODE STANDARDS (TOWN P LANNER DAVID
MCWILLIAMS AND ALEXESS REA SMITH).
4.2. 5010 A AND B EAGLEBEND DRIVE – PUBLIC HEARING - PLANNED UNIT DEVELOPMENT AMENDMENT
TO ADD THE SHORT-TERM RENTALS TO THE LIST OF ALLOWED USES ON THE PROPERTIES (TOWN
PLANNER DAVID MC WILLIAMS).
4.3. 42 RIVERFRONT LANE – PUBLIC HEARING – REQUEST FOR MODIFIED SHORT-TERM PARKING AND
SHUTTLE STAGING AREA ALONG RIVERFRONT LANE. (TOWN PLANNER DAVID MCWILLIAMS AND JIM
TELLING).
4.4. THROUGHOUT TOWN – PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT FOR UPDATE TO THE
2018 AVON COMMUNITY HOUSING PLAN. STAFF REQUESTS THIS ITEM BE CONTINUED TO JUNE 1
(COMMUNITY DEVELOPMENT DIRECTOR MATT PIELSTICKER).
4.5. THROUGHOUT TOWN – WORK SESSION – CODE TEXT A MENDMENT FOR VARIOUS CHANGES TO AVON
DEVELOPMENT CODE (TOWN PLANNER DAVID MCWILLIAMS).
5. CONSENT AGENDA
5.1. MEETING MINUTES - APRIL 20, 2021
6. STAFF UPDATES
7. ADJOURN
PLANNING AND ZONING COMMISSION MEETING MINUTES
TUESDAY, APRIL 20, 2021
1. CALL TO ORDER AND ROLL CALL
Chairperson Jared Barnes called the meeting to order at 5:07 p.m. A roll call was taken, and Planning
Commission members present were Steve Nusbaum, Marty Golembiewski, and Anthony Sekinger. Also
present were Town Planner David McWilliams, Planning Director Matt Pielsticker, and Town Attorney Paul
Wisor.
2. APPROVAL OF AGENDA
Action: Commissioner Nusbaum motioned to approve the agenda. Commissioner Golembiewski
seconded the motion and it carried unanimously 5-0.
Commissioners Donna Lang, and Trevor MacAllister joined the meeting.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX-PARTE COMMUNICATION RELATED TO AGENDA ITEMS
Action: No conflicts or communication were disclosed.
4. BUSINESS I TEMS
4.1. 5151A LONGSUN LANE – LOT 48A BLOCK 4 WILDRIDGE SUBDIVISION - PUBLIC HEARING – MINOR
DEVELOPMENT PLAN AND ALTERNATIVE EQUIVALENT COMPLIANCE FOR A SPLIT RAIL FENCE WITH MESH
THAT DOES NOT COMPLY WITH AVON DEVELOPMENT CODE STANDARDS (TOWN P LANNER DAVID
MCWILLIAMS AND ALEXESS REA SMITH).
Public Comment: None.
Action: Commissioner Golembiewski motioned to continue the item to the May 4, 2021 PZC meeting,
pending design changes. Commissioner Lang seconded the motion and it carried 5-1, with Commissioner
MacAllister voting in opposition.
5. CONSENT AGENDA
5.1. MEETING MINUTES - APRIL 6 , 2021
5.2. RECORD OF DECISION - 42 RIVERFRONT LANE - MJR21004 – MAJOR DEVELOPMENT PLAN
Action: Commissioner Barnes noted a correction for staff. Commissioner Golembiewski motioned to
approve the consent agenda with the modification. Commissioner Lang seconded the motion and it carried
unanimously 6-0.
6. STAFF UPDATES
Action: Staff mentioned projects including the West Beaver Creek Boulevard parking, old town hall
demolition, Nottingham Park West improvements, and PZC appointments.
7. ADJOURN
There being no further business before the Commission adjourned the meeting at 6:01 p.m.
______________________________________________________________________________
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
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
970-748-4023 cmcwilliams@avon.org
TO: Planning and Zoning Commission FROM: David McWilliams, AICP, Town Planner
RE: MNR21013 and AEC21003 Continued Public Hearing Lot 48A, Block 4, Wildridge Subdivision /5151A Longsun Lane
DATE: May 13, 2021
STAFF REPORT OVERVIEW: This staff report contains two applications for consideration by the Planning and Zoning
Commission (“PZC”): Minor Development Plan and Alternative Equivalent Compliance (“AEC”) for a proposed fence on the
property (the Application). This item was continued from the April 20 PZC meeting.
SUMMARY OF REQUEST: Alexess Rea (“the Applicant”) propose a two-rail split rail fence with mesh to enclose a portion
of her back yard to keep the dogs in. Fences in Wildridge are subject to strict standards, detailed below. The design
modification no longer traces the property lines, and presents 45 degree edging on the west side. Deviation from the Avon
Development Code (“ADC”) of material requires an AEC application, public hearing by the PZC, and final decision by this
board.
PROCESS: The PZC reviews Minor Development Plan and Alternative Equivalent Compliance applications and takes action
for final decision after conducting a public hearing.
PUBLIC NOTICE: Notice of the public hearing was published in the April 9, 2021 edition of the Vail Daily in accordance with
Sec. 7.16.020(d) of the Avon Municipal Code (“AMC”). Due to the May 4 PZC meeting cancelation, the meeting was re-
noticed on May 7. Mailed notice is not required for this application type.
PROPERTY DESCRIPTION: Lot 48A is located on Longsun Lane above the Water Department’s pumphouse. The yard has a
continuous grade sloping down from the house. Staff incorrectly identified it as a duplex during the first staff report; Lots A and
B both contain one single family house. Approval for the project was granted by the neighbor.
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View of the back yard.
AEC - RECOMMENDED MOTION: “I move to approve Case #AEC21003, an Alternative Equivalent Compliance application
for Lot 48A, Block 4, Wildridge Subdivision together with the findings as recommended by staff."
Findings:
1. The proposed application was reviewed pursuant to §7.16.120, Alternative Equivalent Compliance;
2. The proposed alternative achieves the intent of the subject design or development standard to the same or better
degree than the subject standard;
3. The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better
degree than the subject standard;
4. The proposed alternative results in benefits to the community that are equivalent to or better than compliance with
the subject standard; and
5. The proposed alternative does not impose greater impacts on adjacent properties than would occur through
compliance with the specific requirements of the Code;
6. Sufficient space is given to ensure no property line delineation; and
7. The 45-degree edging on the west corner creates a more desired aesthetic.
MNR21013 - RECOMMENDED MOTION: “I move to approve Case #MNR21013, an application for Minor Design and
Development Plan for Lot 48A, Block 4, Wildridge Subdivision together with the findings of fact 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.
ALTERNATIVE ACTION: Deny the application: If the location and height of the fence are disagreeable to PZC, staff suggests denying the application.
Continue the Public Hearing: If PZC feels that more information is needed, staff suggests continuing the application.
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PLANNING ANALYSIS: Section 7.28.080(b), of the ADC offers the following intent and design of fence structures in
Wildridge:
Although discouraged in Wildridge and Wildwood, in all instances fences should complement the property and
landscape rather than contain the property. Fences that delineate property boundaries are not permitted. Fences will
be considered for approval by staff only when demonstrated by the applicant that the design is consistent with the
following criteria:
i. Fence material shall be wood and no more than four (4) feet in height;
ii. Fences shall be constructed using a split rail design with no more than two (2) horizontal rails;
iii. Fences shall not delineate property lines;
iv. Fences shall not enclose an area of two thousand (2,000) square feet or more;
v. Fences shall ensure that wildlife migration is not negatively affected with the proposed fence design;
vi. If a fence is part of a multi-family project, approval shall be received from the association and the fence design shall
be integrated with the overall landscape design of the property; and
vii. If a fence is located on a duplex property, written approval shall be received from the adjoining property owner and
the fence design must be integrated with the overall landscape design.
Staff Response: The Application fences in the rear yard closest to the house and now is pulled off the property line by 5.5’
on the south and 6’ on the north side. While fences are required to be made of wood only, aesthetically appropriate two-rail
split rail fences with mesh have been approved by PZC. PZC has rarely allowed deviations from other code requirements.
DESIGN STANDARDS ANALYSIS:
Landscaping: No landscaping changes are proposed. The back yard is mostly medium length grasses.
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;
Staff Response: The PZC should carefully weigh if the application complies with the applicable purposes outlined in the
Development Code (linked below).
(e)Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl of population;
(l)Promote architectural design which is compatible, functional, practical and complimentary checking to Avon's sub-
alpine environment;
Staff finds the Application generally compliments the property.
2. Evidence of substantial compliance with §7.16.090, Design Review;
Staff Response: This application should be assessed for compliance with the Design Review Criteria of the Development
Code, found below. The Design Review section seeks quality development that is visually harmonious with the site and the
surrounding vicinity.
3. Consistency with the Avon Comprehensive Plan;
Staff Response: The site is located in the Northern Residential District (District 11 of the Comprehensive Plan, linked below),
which states, “The character for the developed landscape should reflect the area’s dry climate and typically steep terrain with
low water-requiring plant materials and natural landscaping. Due to the limited number of existing trees and shrubs and the
open character of the property, special care should be taken to ensure that all structures are compatible with one another
and in harmony with the natural surroundings.” Despite the location of the fence not conforming to code, it is supported by
staff due to the distance from the neighboring property and grade difference from the street.
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4. Consistency with any previously approved and not revoked subdivision plat, planned development, or any other precedent plan or land use approval for the property as applicable; Staff Response: Except where noted, the application conforms with the accompanying requirements of the PUD zoning
and the ADC.
5. Compliance with all applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations, and Chapter 7.28, Development Standards; and
Staff Response: The analysis contained in this s taff report addresses all applicable ADC standards.
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: Not applicable.
§7.16.090(f), Design Review: 1. The design relates the development to the character of the surrounding community; or, where
redevelopment is anticipated, relates the development to the character of Avon as a whole; Staff Response: PZC should carefully weigh if the location of the proposed fence relates to the character of the surrounding
community.
2. The design meets the development and design standards established in this Development Code; and
Staff Response: Except as noted, the design is compliant with the development and design standards contained in the
Development Code.
3. The design reflects the long- range goals and design criteria from the Avon Comprehensive Plan and
other applicable, adopted plan documents.
Staff Response: Applicable adopted plans include the Avon Comprehensive Plan and ADC. The design has been evaluated
for conformance with these plans and staff has determined the proposed design meets the requirements, except as noted.
7.16.120 ALTERNATIVE EQUIVALENT COMPLIANCE: Alternative equivalent compliance is a procedure that allows
development to meet the intent of the design-related provisions of the code through an alternative design. It is not a general
waiver or weakening of regulations; rather, this application procedure permits a site-specific plan that is equal to or better
than the strict application of a design standard specified in the Development Code. This procedure is not intended as a
substitute for a variance or administrative modification or a vehicle for relief from standards in this Chapter. Alternative
compliance shall apply only to the specific site for which it is requested and does not establish a precedent for assured
approval of other requests.
AEC Review Criteria: The PZC shall use the following review criteria as the basis for a decision on an application for
alternative equivalent compliance:
1. The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard;
2. The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard;
3. The proposed alternative results in benefits to the community that are equivalent to or better than
compliance with the subject standard; and 4. The proposed alternative imposes no greater impacts on adjacent properties than would occur through
compliance with the specific requirements of this Title.
Applicant Response: According to the Applicant, the fence will be installed with mesh to keep the dogs in the yard. While
Page 5 of 5
the fence deviates from the design standards for Wildridge, this fence type is minimally visually obtrusive and does not impact
the neighborhood. It is integrated with the landscaping and does not impact views.
Staff Response: The revised application achieves the intent of the development standards to the same degree without
causing great impacts on adjacent properties. The corrected delineation of property lines responds appropriately to PZC
comments made at the last public hearing. The fence appears less rectilinear due to 45-degree corners added on the west
side.
ATTACHMENT:
A. Application Materials
LINKS:
Avon Development Code
Avon Comprehensive Plan
Attachment A
Attachment A
5151 Longsun Lane AEC Fence (A. Smith)
1 of 2
Background: We recently purchased our home in Wildridge and already love so much about
our neighborhood and living in Avon. Our sole purpose in seeking approval of a fence plan is to
provide our two beloved dogs—Nellie (Vizsla) and Oso (Husky-mix)—a useful space where they
can safely enjoy their new home, too. Unlike some others, I am not comfortable letting my
dogs loose on our property off-leash. This is particularly so for Oso, who quickly proved himself
to follow the husky stereotype of being a “runner” if given even a brief opportunity. We love
both dogs too much to risk losing them, and know from previously having a fenced yard just
how much they relish being outside soaking up the fresh air and Colorado sunshine (and, at
least for Oso, just lying in the snow, too).
Note: For final fence style, we have attached multiple options/photos provided to us by our
fence contractor. Our understanding is that they all comply with established standards aside
from the meshing we wish to add. We prefer the dimensional rail, but are comfortable with
whichever option the Board deems most suitable for our neighborhood.
Response to Mandatory Review Criteria in § 7.16.120(d) Review Criteria:
(1) The proposed alternative achieves the intent of the subject design or development standard to
the same or better degree than the subject standard: The proposed fence plan encompasses
minimal deviation from the subject standard, primarily the addition of wire meshing. We are
working with a contractor (Strategic Fence) that is familiar with the area and applicable
standards. The plan we have discussed involves using the most aesthetically pleasing, i.e., as
invisible as possible, meshing option that still offers safe containment for our dogs. Hence, we
believe that the final product would, just as a standard fence, “maintain adequate visibility”
and “openness” on our property. See §7.28.080(a). In addition, given the small area at issue,
proximity to our physical home, and wide-open spaces surrounding our property, the
“movement of wildlife” would be minimally, if at all, affected. See §7.28.080(a). (We love that
we frequently have deer on and near our property and do not recall ever having witnessed
them in the small area the proposed fence would encompass.) Further, to the extent the
proposed fence does follow portions of our property line, they are only small portions of the
overall property line on two sides—they in no way “contain the property.” See §7.28.080(b)(1).
Given the shape and topography of our property, the proposed lines are necessary to fulfill the
inherent purpose of the fence, which is to provide safe and useful containment for our dogs.
The neighborhood is already peppered with similar fences. And to further ensure integration
with the overall appearance of our property, we have decided we would bear the extra cost of
staining the wood portion of the fence to match the wood on our home.
(2) The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to
the same or better degree than the subject standard: The minimal proposed deviation from
the subject standard is limited to our small property, and does not in any way undermine the
goals or policies of the Avon Comprehensive Plan. To the extent our fence would impact the
goals or policies of the Avon Comprehensive plan at all, it would do so equivalently to other,
standardly-approved fences.
Attachment A
5151 Longsun Lane AEC Fence (A. Smith)
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(3) The proposed alternative results in benefits to the community that are equivalent to or better
than compliance with the subject standard: The benefits to the community of the proposed
alternative fence—which aims to keep our dogs safely contained—are at least equivalent to,
if not greater than, a fence under the subject standard. Dogs that are happy and safe at
home benefit the community.
and
(4) The proposed alternative imposes no greater impacts on adjacent properties than would
occur through compliance with the specific requirements of this Title: The deviation
encompassed by our proposed plan is present in existing fences throughout the
neighborhood and would not impose greater impact on adjacent property than compliance
with the specific requirements of this Title.
Attachment A
970-748-4023 cmcwilliams@avon.org
Staff Review
Recommendation
TO: Planning and Zoning Commission FROM: David McWilliams, AICP, Town Planner
RE: PUD21003 – PUBLIC HEARING – Minor PUD Amendment
Short-Term Rental Use Amendment
Lot 5, Block 2, Filing 1 Eaglebend Subdivision
DATE: May 12, 2021
STAFF REPORT OVERVIEW: This staff report contains one Minor Planned Unit Development (PUD)
Amendment (“the Application”) for consideration by the Planning and Zoning Commission (PZC). PZC will
make a recommendation to Town Council, who will take final action on the item.
Application Type: Minor PUD Amendment
Property Address: 5010 A and B Eaglebend Drive
Property Zoning: PUD – “one and two family dwellings, accessory buildings and uses”
Property Size: 0.192 and 0.194 acres
Property Owners: Michael S. & Denise P. Morrison; Christine M. Morrison & Raymond N. Didier
Applicant Name: Town of Avon
SUMMARY OF REQUEST: The Town of Avon (“the Applicant”), proposes a Minor PUD amendment to add
“Short-Term Rentals” (STR) as an allowed use on 5010 Eaglebend Drive (“the Properties”). Short Term
Rental is defined as the rental of property for a total continuous duration of less than thirty (30) days. Currently
STR is not expressly allowed and therefore the properties are precluded from receiving the proper business
licensing.
PROCESS: This request is processed under §7.16.060(h), Amendments to a Final PUD, Avon Development
Code (ADC). Subsection (1)(ii), sets forth criteria for a Minor Amendment, while subsection (2)(ii) sets forth
the review procedures for the same process. According to the Avon Development Code, 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 Amendment. The review procedures require a
public hearing with the PZC. Council will make the final decision after another public hearing and action on a
resolution for approval, or denial by motion and vote.
Town Council Public Hearing
Resolution
PZC
Public Hearing
Recommendation
Page 2 of 8
PUBLIC NOTIFICATION: In compliance with the Public Hearing and noticing requirements, this report verifies
that mailed notice was provided to property owners within 300’ of the property on May 7, 2021. Certification of
this requirement can be obtained from the office of Community Development.
PROPERTY DESCRIPTION: Lot 5 is located near the eastern end of the Eaglebend PUD, on a residential cul-
de-sac. The house was built in the early 1990’s. It is surrounded mostly by duplex properties abutting the
river, and single-family homes abutting the railroad right-of-way on the north side of the street.
BACKGROUND: Another house in the Eaglebend PUD applied for STR recently. In reviewing the application,
planning staff clarified to the finance department that STR is not allowed in the Eaglebend PUD because it is
not explicitly listed as a use-by-right. Subsequently, the finance department reviewed business licenses
issued for the PUD and found a STR license from the Properties.
The Properties’ owners signed a Compliance Agreement whereby they would not rent the Property until STR is
allowed. Upon hearing the story, staff opted for the Town of Avon to apply for the PUD amendment allowing
for STR on this property.
STR HISTORY: The STR Overlay district was created in 2009 to clarify permitted STR areas, for a majority of the
valley floor area. During the public hearings related to the creation of the overlay, several iterations of the map were
presented to the Town Council and public for review. Most of the early versions of the overlay district included
areas of Nottingham Road, Eaglebend Drive, and even the Wildridge Subdivision. A determination was made that
the overlay could not legally be placed on PUD zone districts (i.e. Wildridge, Eaglebend), without individual PUD
amendments. Through further modifications to the STR Overlay approving Ordinance, these properties were
removed from the overlay. The map below is the current overlay in orange, with the PUDs that explicitly permit
STR in green.
The Stonebridge Cluster Homes (area III on Eaglebend Zoning Plat, Attachment B) received approval to add
STR to their eighteen (18) single-family in 2009 with Avon Town Council approving a PUD Amendment by
Ordinance 2009-16. Other properties in the immediate neighborhood have also received PUD Amendments for
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STR, including: Canyon Run by Ordinance 2010-05 (120-400 Hurd Lane), and Lot 5A and Lot 5B Nottingham
Station by Resolution 2021-06 (1990-1910 Hurd Lane).
Avon STR Map. 5010 Eaglebend Drive is off the map to the east.
STAFF RECOMMENDATION: I recommend PZC recommend Town Council deny the Application due to
incongruence with the relevant Review Criteria, below.
RECOMMENDED MOTION: “I move to recommend that the Avon Town Council deny Case #PUD21003, an
application for a Minor PUD Amendment for Lot 5, Block 2, Filing 1, Eaglebend PUD, citing the following
findings as outlined by staff.”
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 does not provide sufficient information to allow PZC to determine that the application
complies with the relevant Review Criteria, ADC §7.16.060(e)(4), including the purposes of the
Development Code; and
4. The PUD Amendment changes the character of the Eaglebend PUD neighborhood without including
the entire neighborhood in the process.
OPTIONAL MOTION IN THE POSITIVE: “I move to recommend that the Avon Town Council approve Case
#PUD21003, an application for a Minor PUD Amendment for Lot 5, Block 2, Filing 1, Eaglebend PUD, with the
findings outlined by Staff.”
Page 4 of 8
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, ADC §7.16.060(e)(4);
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 Nottingham Station PUD; and
7. Compared to the underlying zoning, the Minor PUD Amendment is not likely to result in significant
adverse impacts upon the natural environment.
Overview: PZC should base the decision for modifying allowed uses based on the Review Criteria section,
below. PUDs allow certain negotiated flexibility away from the strict standards of zone districts when site
characteristics or other conditions merit. This PUD amendment would add two additional properties (two sides
of a duplex) to allowed STR. Despite the Properties’ history of short-term rental, staff is hesitant to
recommend the STR designation without considering the rest of the Eaglebend PUD neighborhood. While
other properties have been granted the STR designation without easy access to services and tourist
infrastructure (Nottingham Road), PZC should consider whether this individual Application is appropriate
and/or whether a larger study of the area is warranted..
Current PUD Standards: The image below illustrates the allowed uses in the PUD. If approved, “Short-Term
Rental” would be included.
Isolation: Besides Stonebridge (3000 Eaglebend Drive) there are no isolated properties with STR designation
on Eaglebend Drive.
Analogous Zone Districts: Some low and medium density housing is included in the STR overlay.
Pedestrian Access: The Properties do not have convenient bus service or pedestrian access to Avon tourist
destinations. There is no sidewalk along Eaglebend Drive, although traffic is limited on the cul-de-sac.
Parking: Both sides of the duplex appear to have at least three (3) parking spaces, thus complying with the
ADC parking standards. There is no parking requirement associated with STR.
PLANNING ANALYSIS
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Pursuant to §7.16.060(e)(4), Review Criteria, ADC, 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 PUD amendment addresses a unique situation in that neighboring properties are not
included in the STR overlay.
§7.16.060, PUD, ADC, includes statements regarding the 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. The Development Code purposes and
Comprehensive Plan policies are discussed below.
(ii) The PUD rezoning will promote the public health, safety, and general welfare;
Staff Response: Staff finds no detrimental effects on the public health, safety and/or welfare of the Town, its
residents, or guests.
(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).
§7.04.030, Purposes are below. By treating the Properties separately from the neighboring properties, staff
finds conflict with (a) and (f). Development Code Purposes are as follows:
(a) Divide the Town into zones, restricting and requiring therein the location, erection, construction,
reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and
other specified uses; regulate the intensity of the use of lot areas; regulate and determine the area of
open spaces surrounding such buildings; establish building lines and locations of buildings designed
for specified industrial, commercial, residential and other uses within such areas; establish standards
to which buildings or structures shall conform; establish standards for use of areas adjoining such
buildings or structures;
(b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning
documents of the Town;
(c) Comply with the purposes stated in state and federal regulations which authorize the regulations in
this Development Code;
REVIEW CRITERIA: PUD AMENDMENT
Page 6 of 8
(d) Avoid undue traffic congestion and degradation of the level of service provided by streets and
roadways, promote effective and economical mass transportation and enhance effective, attractive
and economical pedestrian opportunities;
(e) Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl of
population;
(f) Provide a planned and orderly use of land, protection of the environment and preservation of viability,
all to conserve the value of the investments of the people of the Avon community and encourage a
high quality of life and the most appropriate use of land throughout the municipality;
(g) Prevent the inefficient use of land; avoid increased demands on public services and facilities which
exceed capacity or degrade the level of service for existing residents; provide for phased development
of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and
users; and promote sufficient, economical and high-quality provision of all public services and public
facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open
space and medical facilities;
(h) Minimize the risk of damage and injury to people, structures and public infrastructure created by wild
fire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural hazards;
(i) Achieve or exceed federal clean air standards;
(j) Sustain water sources by maintaining the natural watershed, preventing accelerated erosion, reducing
runoff and consequent sedimentation, eliminating pollutants introduced directly into streams and
enhancing public access to recreational water sources;
(k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of historical
and archaeological importance, provide for adequate open spaces, preserve scenic views, provide
recreational opportunities, sustain the tourist-based economy and preserve property values;
(l) Promote architectural design which is compatible, functional, practical and complimentary to Avon's
sub-alpine environment;
(m) Achieve innovation and advancement in design of the built environment to improve efficiency, reduce
energy consumption, reduce emission of pollutants, reduce consumption of non-renewable natural
resources and attain sustainability;
(n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the
Town, provides a range of housing types and price points to serve a complete range of life stages and
promotes a balanced, diverse and stable full time residential community which is balanced with the
visitor economy;
(o) Promote quality real estate investments which conserve property values by disclosing risks, taxes and
fees; by incorporating practical and comprehensible legal arrangements; and by promoting accuracy in
investment expectations; and
(p) Promote the health, safety and welfare of the Avon community.
The Comprehensive Plan includes this property within District 2: The Riverfront District. It encompasses all
property surrounding the Eagle river along the entire length of Town. The planning principals for The
Riverfront District speak heavily to connectivity and respecting the river environment. All the planning
principles are included herein.
Page 7 of 8
• 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.
A common critique of STR is that they limit the availability of housing for residents and may drive up housing
costs as speculative interests compete with locals for property. On the other hand, locals report that the ability
to offer short term rentals of a spare bedroom, or an entire unit while out of Town, allows them to stay in their
house despite high costs of living. The following Goals and Policies from the Comprehensive Plan should be
referenced for this Application:
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
Page 8 of 8
identity as both a year- round residential community and as a commercial, tourism
and economic center.
Policy B.1.2: Focus lodging and guest accommodation in the Town Center
Policy B.2.2: Promote a wide range of residential uses throughout the Town.
(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. Common tourist services like bus and sidewalks
are not provided in this immediate neighborhood.
(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: The 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: No impacts exceeding those expected with the current development are anticipated.
Impacts are generally contained within the property and would be mitigated accordingly.
(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 uses on the subject tracts would be residential and are consistent with other
properties in the vicinity.
ATTACHMENTS:
A. Application Memo
B. Eaglebend Zoning Plat
LINKS:
Comprehensive Plan
Avon Development Code
Attachment A
TO: Planning and Zoning Commission
FROM: Matt Pielsticker, AICP
RE: PUD210003 – PUD Amendment
Short Term Rentals at 5010 Eaglebend Subdivision
DATE: April 27, 2021
INTRODUCTION: Before the Planning and Zoning Commission (PZC) is a Minor PUD Amendment application
to permit Short Term Rentals (STR) on a duplex property. The definition of STR is the rental of property for a
total continuous duration of fewer than thirty (30) days. This application would add STR as an Allowed Use on
Lot 4, Eaglebend PUD and Subdivision, located at 5010 Eaglebend Drive. The development standards for this
portion of the Eaglebend PUD include “One and Two Family Dwellings, accessory buildings and uses”. Since
STR is not listed as permitted it is therefore not permitted.
BACKGROUND: The property owners have been utilizing their property for STR use since at least 2005 and
have been issued a business and sales tax license erroneously every year since 2015. Town Staff provided
notification of the discovered violation in late 2020. The owners have been cooperative in addressing the
discrepancy and have agreed to this PUD Amendment process. This application is being submitted for the
owners, by the Town of Avon, given the unique circumstances.
RECOMMENDATIONS: The attached staff report documents conflict with review criteria applicable to this
application type. Review criteria found in section 7.16.060(iii) tie back to the goal of regulating land uses and
organizing development by zones with commensurate uses.
I recommend that in addition to taking action on the Application, PZC forward another recommendation to Council
to consider a separate STR application for the Eaglebend area as a whole, instead of one individual property.
The establishment of STR as a permitted land use has historically been considered in a larger context by
appropriating “zones” (i.e. STR Overlay district on valley floor, Notttingham Road area), multi-family properties
(i.e. Stonebridge, Canyon Run Condominiums), or individual properties immediately adjacent to already zoned
areas (i.e. 1910 Hurd Lane).
ATTACHMENT: Minor PUD Amendment Staff Report
Thank you, Matt
Attachment B
970-748-4023 cmcwilliams@avon.org
TO: Planning and Zoning Commission FROM: David McWilliams, AICP, Town Planner
RE: MNR21019 – PUBLIC HEARING – Minor Development Plan on
Lot 1 and Lot 2, Riverfront Subdivision – 126 and 42 Riverfront
Lane
DATE: May 14, 2021
STAFF REPORT OVERVIEW: This staff report contains one application for consideration by the Planning and
Zoning Commission (“PZC”): Minor Development Plan with Design Review (“the Application”) for a short-term
parking and shuttle pull-off for the Riverfront development.
Application Type: Minor Development Plan
Property Address: 42 and 126 Riverfront Lane
Property Zoning: PUD / ROW
Property Size: Not applicable – along Right of Way
Applicant: EW Riverfront East Investor, LLC
Property Owner Name: EW Riverfront East Investor, LLC and Town of Avon SUMMARY OF REQUEST: EP Riverfront East Investor, LLC (“the Applicant”) proposes new short-term /
oversized parking and a shuttle pull-off along the right-of-way (ROW) of Lot 1 and 2. This Application is
necessitated by the pending closure of the current oversized vehicle parking area. There are three (3)
improvement areas of the proposal: west shuttle pull-off; and east-north and east-south parking area for
deliveries, service trucks, and oversize guest vehicles.
Most of the affected area is on town right of way.
PROCESS: The Planning Director elected to bring this Minor Development Plan to PZC, for a public hearing and
final design decision. Town Council is responsible for a license agreement for improvements related to Town of
Avon land (“ROW”). Town Council review is tentatively scheduled for June 9, 2021. PUBLIC NOTICE: Notice of the public hearing was published in the May 7, 2021 edition of the Vail Daily in
accordance with Sec. 7.16.020(d) of the Avon Development Code (“ADC”). Mailed notice is not required for this
application type.
PROPERTY DESCRIPTION: Lot 1 and 2 are located on the east side of the Riverfront PUD. Lot 1 recently gained
development approval and a building permit is pending. The current Lot 1 ROW parking area is expected to be
Page 2 of 7
closed by construction related activity, and subsequently replaced by site improvements. This area is capable of
hosting 5 or 6 vehicles maximum.
PZC OPTIONS:
• Approve the Application;
• Continue the Application to a date certain;
• Table the Application; or
• Deny the Application RECOMMENDED MOTION FOR APPROVAL: “I move to approve Case #MNR21019, an application for Minor
Design and Development Plan for Lot 1 and 2, Riverfront Subdivision, together with the Findings and Conditions
as recommended 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 and the PUD Design Standards;
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; and
5. The design relates the development to the character of the surrounding community.
Conditions:
1. An additional pillar light will be studied for addition on the east side of the loading dock, and approved by
staff; and
2. The west shuttle area will be redesigned to the north side of Riverfront Lane, to use existing hardscape,
and brought before PZC on June 1, 2021.
PLANNING ANALYSIS:
Aesthetics: The Riverfront ROW presents a uniform cadence between mature landscape items (trees, lighting),
especially on the north side of Riverfront Lane. This Application is technically feasible, but the impact to this
Image of current Lot 1 parking area.
Page 3 of 7
special ROW treatment should be carefully considered. On the east side of the east-north area, the site ROW
requires removal of mature trees and replacement.
New parking area accommodates existing or new large trees for the entirety of the parking area.
The east-south area interacts with the loading dock area of Lot 2. The Westin loading dock entry will be
configured to match a standard driveway alignment on the east side. There is a sidewalk bend that interacts with a
new alignment on the west side.
For the west shuttle area, staff doubts the wisdom of increasing hardscape and bending the sidewalk for the use.
With available hardscape on the opposite (north) side of the ROW, staff encourages a discussion about relocating
the pull-off to this area. The area between Riverfront Lane and Benchmark Road was hardscaped as a potential
emergency crossing if the railroad ever became operational, which would close Riverfront Lane’s connection to
Lake Street on the west. Staff does not doubt the feasibility of the southern area for the pull-off, but feels that
under current conditions, the north side is the best place for it. A suggested condition of approval is re-review of
Page 4 of 7
this feature at the next PZC meeting. If the proposed layout is acceptable to PZC, staff also suggests continuing
its review until June 1 for further staff assessment.
Image showing the same length proposed for the west pull-off (64’) on the north side of the Riverfront Lane ROW.
The Applicant states this suggestion is not ideal for a number of reasons, including:
1) Risk of people crossing street due to traffic
2) Shuttle drivers parking in a pedestrian area
3) Risk of people walking further in ski boots (road can get slippery)
4) Where and how will guests line up
5) Resort staff cannot monitor; valet will not be able to see when there are long lines/upset guests
6) People getting off town transportation at bus stop might try to get on Riverfront shuttle
7) Guests might get in wrong bus due to other busses pulling in on other side - potential for confusion
Staff suggests that these concerns serve as a basis for discussion.
Number of spaces: The Lot 1 parking area currently accommodates 6 vehicles maximum. The two proposed
eastern parking areas combined are a combined 87’3” long, about 15’ shorter than the current allocation. With
additional pull-in/out areas, the total proposed hardscaping is more than the current, and staff expects that a
coordinated parking effort (by valet) could yield 6 spaces from the areas.
Page 5 of 7
Lighting: One stone base light will be removed from the east-north side,
to be replaced by a pillar streetlight that matches the existing (no stone
base).
Staff also suggests modifying a current pillar to accommodate light on the
south side east of the loading area. When the Lot 1 condominium building
is finished, this pedestrian intersection warrants an overhead light. There
are pillar lights on the street edge illuminating the Riverfront central plaza.
Enforcement and snow removal: The parking and shuttle areas are on
Town ROW and anticipated to be managed by the Westin. The license
agreement should reflect that Town Police are not primarily responsible
for the enforcement, and additional conversations to the nuances of the
arrangement are needed. PZC is instructed to focus on the design and
size, and defer these agreements to Town Council.
DESIGN STANDARDS ANALYSIS: The PUD has its own Design Standards, but other than general language
about, “compatibility” and “alpine and townscape traditions”. Therefore, limited ADC standards preside.
Parking: The overall parking allocation for the Riverfront properties is not contemplated by the Application. The
Lot 2 parking facility was developed without oversized passenger vehicles in mind, and staff expects a similar
condition for Lot 1 garages. Valet parks large vehicles on the street now.
Landscaping & Irrigation: Staff expects that existing irrigation in the areas will be sufficient to water the
landscaping. The species seem appropriate for the area. Staff needs more time to assess the landscaping near
the proposed shuttle pull-out.
Image of proposed parking areas, looking west.
Current wayfinding sign that potentially
could be converted into an overhead light. It
is also visible the Lot 1 image, above.
Page 6 of 7
Retaining Walls: The proposal includes a wall on both the
north and south ends of the parking areas. The northern wall is
measured from the top of the curb cut and will therefore present
slightly over 4’, despite the site section showing it as 4’. The
material will be stone boulders.
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;
Staff Response: The Application is in compliance with the applicable purposes outlined in the Development
Code. Purposes (d) and (f) state, respectively,
“Avoid undue traffic congestion and degradation of the level of service provided by streets and roadways, promote
effective and economical mass transportation and enhance effective, attractive and economical pedestrian
opportunities;”
“Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to
conserve the value of the investments of the people of the Avon community and encourage a high quality of life
and the most appropriate use of land throughout the municipality”
2. Evidence of substantial compliance with §7.16.090, Design Review;
Staff Response: The Design Review section seeks quality development and structures that are visually
harmonious with the site and the surrounding vicinity. Conformance with this code section is discussed below
and in Planning Analysis.
3. Consistency with the Avon Comprehensive Plan;
Staff Response: The site is located in the Riverfront District (District 2 in the Comprehensive Plan), which states,
“Visibility from U.S. Highway 6, protection and enhancement of the riparian environment along the Eagle River,
and appropriate public access along the river should be taken into consideration with all development.” Select
district principles are elaborated below, with staff responses:
• 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.
• Minimize the loss of trees and impact to the riparian area while achieving urban design goals.
While not natural habitat, the impact to existing vegetation should be carefully weighed by PZC.
Other general Goals and Policies are listed below:
Goal A.1: Promote a compact community form.
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 B.4: Encourage commercial development that enhances Avon’s overall economic health,
contributes to the community’s image and character, and provides residents and visitors with increased
choices and services.
Goal C.1: Ensure that development is compatible with existing and planned adjacent development and
contributes to Avon’s community image and character.
Page 7 of 7
PZC should carefully consider if the Application is consistent with the form, cohesion, and compatibility of the
area.
4. Consistency with any previously approved and not revoked subdivision plat, planned
development, or any other precedent plan or land use approval for the property as
applicable;
Staff Response: The A pplication was reviewed for the requirements that accompany the PUD Development
Plan and the Avon Development Code and found to be consistent with them.
5. Compliance with all applicable development and design standards set forth in this Code,
including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning
Map, Chapter 7.24, Use Regulations, and Chapter 7.28, Development Standards; and
Staff Response: The analysis contained in this staff report addresses all applicable Development Code
standards. Staff finds this criterion to be met for the reasons addressed in this report.
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: All special services are well established in the subdivision.
§7.16.090(f), Design Review Criteria
1. The design relates the development to the character of the surrounding community; or, where
redevelopment is anticipated, relates the development to the character of Avon as a whole;
Staff Response: Staff finds that design generally compliments the surrounding community and the Riverfront
neighborhood, and is consistent with development on adjacent lots.
2. The design meets the development and design standards established in this Development
Code; and Staff Response: T he Application is in compliance with the development and design standards contained in the
Development Code for the reasons described elsewhere in this report.
3. The design reflects the long-range goals and design criteria from the Avon
Comprehensive Plan and other applicable, adopted plan documents.
Staff Response: Applicable adopted plans include the Avon Comprehensive Plan, provisions of the
Development Code, and the PUD Design Standards. The design has been evaluated for conformance with these
plans and staff has determined the Application meets the requirements.
ATTACHMENT
A. Application Narrative and Development Plans
Riverfront Lane
Parking Improvements
Minor Development Plan Application
April 21, 2021
Project Description:
The Riverfront Lane Parking Improvements project is located along the eastern segment of Riverfront
Lane, with improvements being proposed on both sides of the existing street. This project has been
brought forth with the primary goals of replacing an existing on-street parking area and providing a new
pull out for the Westin skier shuttle bus. The existing on-street parking area, adjacent to the north side of
Lot 1 will eventually be displaced by the construction of the One Riverfront project. This on-street
parking area is important for the Westin to be able to accommodate parking for deliveries, service trucks,
and oversize guest vehicles, that cannot fit into the parking garage. This important parking area is
planned to be relocated by this project, to the west of its current location and across the street from the
Westin loading dock.
The new skier shuttle parking area is being proposed to create a temporary parking space, where the
shuttle can pick-up and drop-off passengers, without blocking traffic on Riverfront Lane. In its current
operation, the shuttle parks along the south side of Riverfront Lane in the area just east of the current
pedestrian crossing, and partially blocks the westbound travel lane. The proposed location for the new
shuttle parking area is approximately in the same location that the shuttle currently parks. This is area is
located on the south side of the street, between the pedestrian crossing and the Westin porte-cochere
entrance.
The proposed design of the new shuttle parking area involves shifting the existing curb and sidewalk
nine feet to south to construct a new pull out that is approximately 9’ wide by 64’ long. This shift will
have an impact on the existing landscaping that is currently adjacent to the sidewalk in this area and
will require the removal of two aspen trees, five shrubs, and a lawn area. The existing sewer manholes
in this area would remain intact, with one of the manhole covers being partially located within the new
sidewalk alignment. The proposed landscaping in this area will replace the two aspen trees being
removed and add two types of ornamental grasses along the south edge of the sidewalk for visual
interest. The paving of the parking area is designed to be asphalt with a concrete valley pan to the north
and concrete curb and gutter to the south. The sidewalk would be paved with standard gray concrete to
match the existing sidewalks in the area. Shifting the sidewalk to the south will result in the new
sidewalk being located on approximately 5’ into the Westin property and it is anticipated that a public
access easement will need to be created for this area. We feel that making this improvement will help
improve traffic flow and safety on Riverfront Lane.
The design of the proposed loading dock parking areas will be similar to the shuttle parking area, in that
the curb alignments will be shifted nine feet to the north and south, to make room for new parallel
parking spaces on both sides of the street. Building these new parking areas will also have an impact to
the existing landscaping and require the removal of 17 trees, 22 shrubs, and 1 light pole. The lawn
areas adjacent to the sidewalk and street will also be removed as part of this project. The existing
Attachment A
landscape area on the north side of the street has a significant 3:1 slope up from the back of curb to the
top of an approximately 5’ tall berm. In order to construct new parking spaces on the north side of the
street, we are proposing a 4’ tall boulder wall be built along the back of the proposed curb, for the entire
length of the 97’ parking area. This will accomplish the necessary grade change in this area and still
allow for a narrow landscape strip along the top of the wall. The light pole located on the north side of
the street would be removed and three new bollard lights installed as replacement lighting. The existing
wood fence along the top of the berm will also need to be removed during the construction process and
re-installed approximately 1’ to the north of its existing location. This will allow for additional
landscape area between the proposed boulder wall and fence. The proposed landscaping on the north
side of the street will be consistent with the established landscape pattern along this side of Riverfront
Lane and consist of a mixture between Aspen, Spruce, and Hawthorne trees. We are also proposing the
use of ornamental grasses and dwarf Spruce trees at the east end of the parking area where the
landscape strip becomes too narrow for larger tree plantings. The pavement of the parking is proposed
to be asphalt, with concrete curb and gutter to the north, and a concrete valley pan to the south. The
existing drainage patterns and curb inlets would remain intact and would not be impacted by this
project. This parking area is located entirely within the public right-of-way and further discussion on
the management of this parking for use by the Westin is anticipated.
The parking area on the south side of the street is roughly half the length of the parking on the north
side but requires a similar treatment. The existing curb and sidewalk are proposed to shift 9’ to the
south, which will impact existing landscaping and relocate the sidewalk onto Westin property. An
existing 2’ tall landscape berm is also located on the south side of the street where the new sidewalk is
proposed. To accommodate this grade difference and retain as many existing trees as possible, we are
proposing that a 2’ tall by 41’ long boulder wall be built along the south edge of the sidewalk. The
trees being removed in this area will be replaced by planting one new Blue Spruce two new Aspen
trees, to maintain screening of this back of house area. Additional landscape interest and screening will
be achieved by planting ornamental grasses along the top of the boulder wall. Paving of the parking
area will be asphalt, with standard concrete curb and sidewalk to the south, and a concrete valley pan to
the north. Existing drain inlet locations and drainage patterns will be maintained and are not anticipated
to be impacted by this project.
The boulder walls, on both the north and south sides of the street, are designed as “dry stacked” walls
are intended to have a similar aesthetic to the existing stone veneer on the Riverfront Village entry
monument signs. The walls will have varying sized boulders with larger stones making up the base of
the wall (8-14” thick) and smaller stones along the top of the wall (4-6” thick). This will provide
variation in the patterning of the wall and provide a similar aesthetic to stone veneer. The proposed
stone species for the walls is Siloam Stone. This stone species is durable and can withstand the harsh
environment of being located along a sidewalk and roadway.
In closing, we are excited about this project and the improvements that it will make to Riverfront Lane
for traffic flow, safety, and aesthetics. Please feel free to reach out to us with any questions or items
that need additional clarification.
Attachment A
Zehren and Associates, Inc.
May 13, 2021RIVERFRONT LANE - Parking Improvements1
Overall Illustrative Plan
North
Not to Scale
One Riverfront
Riv
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L
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Gondola
Plaza
Rail
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Avon
Road
Eagle River
E
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Loading Dock
Parking Area
Westin
Mountain Villas
Riverfront
Lodge
Westin Hotel
Loading
Dock
Potential Shuttle Dropoff Locations
to be discussed during PZC review
Attachment A
Zehren and Associates, Inc.
May 13, 2021RIVERFRONT LANE - Parking Improvements2
Existing Conditions
Survey
Attachment A
Zehren and Associates, Inc.
May 13, 2021RIVERFRONT LANE - Parking Improvements3
Loading Dock Parking Area
Demolition Plan
North
Scale: 1/8” = 1’-0”
0 8’4’16’
Attachment A
Zehren and Associates, Inc.
May 13, 2021RIVERFRONT LANE - Parking Improvements4
Loading Dock Parking Area
Site Plan
North
Scale: 1/8” = 1’-0”
0 8’4’16’
Attachment A
Zehren and Associates, Inc.
May 13, 2021RIVERFRONT LANE - Parking Improvements5
Loading Dock Parking Area
Landscape Plan
North
Scale: 1/8” = 1’-0”
0 8’4’16’
Attachment A
Zehren and Associates, Inc.
May 13, 2021RIVERFRONT LANE - Parking Improvements6
Loading Dock Parking Area
Boulder Wall Elevation and Site Section
Existing Stone Veneer at Avon Road
Proposed Siloam Stone Boulder Wall
Product Specification
Siloam Stone Boulders / Hand Stacked Stone
Size: Base Courses: 8”-14”H x 18”-36”W x 3’-4’-L
Top Courses: 4”-6”H x 8”-18”W x 1’-2’L
Supplier: Siloam Stone Inc.
315 N. 7th Street Canon City, CO 81212
Attachment A
Zehren and Associates, Inc.
May 13, 2021RIVERFRONT LANE - Parking Improvements7
Site Photos
Skier Shuttle Parking Area
Loading Dock Parking Area - South
Loading Dock Parking Area - North
Panorama looking South
Panorama looking South
Panorama looking North
View looking East
View looking West
View looking East
View looking West
View looking West
View looking Northeast
Attachment A
970-748-4023 cmcwilliams@avon.org
TO: Planning and Zoning Commission
FROM: David McWilliams, AICP, Town Planner
RE: Comprehensive Plan Amendments – Public Hearing –
CPA21001
DATE: May 12, 2021
Request to Continue: Staff noticed this public hearing for CPA21004, Comprehensive Plan Amendment for
the Avon Community Housing Plan, before data from Eagle County could be added to the update. Therefore,
staff requests the item be continued to the June 1, 2021 meeting.
Sincerely,
David McWilliams, AICP
Town Planner
970.748.4023
cmcwilliams@avon.org
970-748-4023 cmcwilliams@avon.org
TO: Planning and Zoning Commission
FROM: David McWilliams, AICP, Town Planner
RE: Code Text Amendments – Work Session
DATE: May 12, 2021
STAFF REPORT OVERVIEW: Town Council directed staff to initiate various Code Text Amendments
(“CTAs”) and staff has also noticed other sections in need of clean-up (not affecting policy). The Planning
and Zoning Commission (“PZC”) is tasked with helping staff update Avon Development Code (“ADC”)
language. Staff organized potential proposed language as a separate document, with strike-out indicating
language to be deleted and underline indicating language to be adopted.
LIST OF PROPOSED CHANGES: The following bullets, with associated ADC sections, are discussed in
this memo.
• Design Review and Development Plan - 7.16.080 and 7.16.090
• Public Facility District wording - 7.20.080(e)
• Industrial – Commercial Employment Zone District Wording - Table 7.20 – 13
• Employee housing mitigation clarification - 7.20.100
• Live/work Language - 7.24.040
• Parking and loading language - Table 7.28-2
• Exterior Lighting 7.28.090
• Sign Code - illuminated signs and window signs- 7.34
CODE TEXT AMENDMENT REVIEW CRITERIA: According to the ADC §7.16.040(c), Review Criteria,
the PZC and Town Council shall use the following review criteria as the basis for recommendations
and decisions on applications to amend the text of the Development Code. In this case, PZC should use
these criteria to help guide Staff’s proposal:
1. The text amendment promotes the health, safety and general welfare of the Avon
community;
2. The text amendment promotes or implements the goals and policies of the Avon
Comprehensive Plan;
3. The text amendment promotes or implements the purposes stated in the Development
Code; or 4. The text amendment is necessary or desirable to respond to changed conditions, new
planning concepts or other social or economic conditions.
Staff will provide robust responses to these Criteria during a pending Public Hearing.
PROPOSED CHANGES:
Design Review into Dev Plan- 7.16.080 and 7.16.090: The purpose of the change is to incorporate the
design review procedures within one section. The design review procedure is never a process independent
from development plan, therefore, we feel incorporating relevant language and review criteria here is
justified. Formatting is also now consistent with other chapters with listed purpose statements. Combining
Page 2 of 3
the sections makes the ADC more approachable. Staff kept the majority of the Development Plan section
intact and pulled language from the Design Plan purposes and original review criteria. This way, all the
relevant information from the two sections are captured in one.
Public Facility District wording 7.20.080(e): This proposed modification clarifies that public employee
housing is intended within the district. “Government employee housing and Community Housing” was
added to Table 7.24-1 Allowed Uses in 2019 and this modification reinforces that point. In addition to
Community Housing being permitted by right in the Table of Allowed Uses – PF District
(https://library.municode.com/co/avon/codes/home_rule_charter_and_code?nodeId=CD_TIT7DECO_CH7.
24USRE_7.24.040TAALUS), we think this further clarifies the intent of the district and the Town's intention
to develop this use.
Light Industrial – Commercial Wording - 7.20.080(g): Accessory Dwelling Units (ADU) are a specific
type of development, which is tied to a primary residence. Including the ADU language in this section is
contrary to its universally understood definition. Also, staff removed “Employment Zone District” within the
name, as it only appears in this table.
Staff Question: Staff is contemplating additional design standards for Dwelling Units in the “Mixed
Use or IC” Use Type row, below. Does PZC support additional restrictions on their design?
Examples might include:
Shall not occupy the unit’s entire first floor frontage
Windows and doors match existing
Limit on square footage / number of bedrooms
Clarification of deed restriction
Parking and loading language - Table 7.28-2: Current language confuses applicants and needs to be
continually clarified by staff to potential applicants. Staff also suggests a reduction in parking, in line with
many PUDs created by the Town in the last 20 years.
Exterior Lighting - 7.28.090: Staff suggests adding language that ties the lighting code from Chapter
15.30 (building) to Chapter 7 (development). This will make enforcement easier during the application
process and during any code compliance cases, but not ultimately affect policy.
Fence Design Standards – 7.28.080(b): Recent fence applications have shown the need for clarity in
wording to achieve appropriate design. Staff suggests the inclusion of the additional wording. The AEC
process is still valuable to staff.
Sign code update- illuminated signs and window signs- 7.34: Staff received Town Council direction to
limit private property digital signs (for example, menu boards). Currently, “digital display” signs are
permitted as freestanding or wall-mounted signs on arterial streets. Also, a small change in window signs
is proposed.
Page 3 of 3
Staff Question: In what cases should digital signs or interactive signs be allowed in Town?
LINKS:
Comprehensive Plan
Avon Development Code
7.16.080 - Development plan.:
The purpose of the development plan review process is to ensure compliance with the development
and design standards and provisions of this Development Code. It is designed to encourage quality
development reflective of the goals, policies and objectives of the Comprehensive Plan.
(a) Purpose. The purpose of the development plan process is to ensure compliance with the
development and design standards of the Development Code prior to the issuance of a building
permit or concurrent with other required permits and to encourage quality development reflective of
the goals and objectives of the Avon Comprehensive Plan. Specific purposes of development review
include:
(1) To prevent excessive or unsightly grading of property that could cause disruption of natural
watercourses or scar natural landforms;
(2) To ensure that the location and configuration of structures, including signs and signage, are
visually harmonious with their sites and with surrounding sites and structures and that there shall
be conformance to the Comprehensive Plan of the Town;
(3) To ensure that the architectural design of structures and their materials and colors are visually
harmonious with the Town's overall appearance, with natural and existing landforms and with
officially approved development plans, if any, for the areas in which the structures are proposed to
be located; and
(4) To ensure that plans for the landscaping of property and open spaces conform with adopted rules
and regulations and to provide visually pleasing settings for structures on the same site and on
adjoining and nearby sites.
(ab) Applicability. A development plan shall be required for all new development and any modification to
an existing development or development plan.
(bc) Development Plan Categories. Categories of development plans are established and defined as
follows for the purpose of determining the appropriate development plan review procedure:
(1) Major Development Plan. Major development plans include all new building construction over six
hundred (600) square feet;
(2) Minor Development Plan. Minor development plans include the following:
(i) All new building construction six hundred (600) square feet or less;
(ii) Modifications to Dumpster locations;
(iii) Screen wall modifications;
(iv) Landscape modifications, including but not limited to removal of existing vegetation and
addition of new vegetation;
(v) Deck modifications, including but not limited to additions, new construction and materials or
color modifications;
(vi) Mechanical equipment modifications;
(vii) Modifications to the exterior of an existing building, including but not limited to windows,
doors, minor architectural details, colors and materials;
(viii) Modifications to approved development plans which result in a ten-percent or less increase
to lot coverage; ten-percent or less increase to building height; ten-percent or less increase to
the amount of square footage of a land use or structure and does not result in a change in the
types of uses in the project;
(ix) Modifications to approved development plans which do not change the character of the
approved design; and
(x) Other similar changes to a structure or property that do not significantly impact the site layout
or design of a building.
(cd) Review Procedures. The general review procedures described in Section 7.16.020, General
procedures and requirements, shall apply to development plan applications. All development plan
applications shall also comply with the procedures listed in Section 7.16.090, Design review. Specific
additions and modifications to the general review procedures are identified below.
(de) Notice and Hearing. PZC shall review and render a decision or recommendation on the development
plan application after conducting a public hearing. Town Council shall conduct a public hearing when
reviewing a Development Plan applicable in the Town Core. Notice of the public hearing shall be
published and posted in accordance with Subsection 7.16.020(d)(1) and mailed notice is not required.
The decision of PZC may be appealed to the Town Council pursuant to Section 7.16.160, Appeal. The
Director shall not conduct a public hearing for administrative review and decision on development plan
applications.
(ef) Review Authority. The review authority for a development plan application shall be determined by the
subdivision category.
(1) Major Development Plan. The Director shall review and provide a recommendation to the PZC on
all major development plan applications. The PZC shall render the final decision on a major
development plan, unless the application is located within the Town Core. The decision of the PZC
may be appealed to the Town Council pursuant to Section 7.16.160, Appeal. If an application is
located within the Town Core, the Director shall review and provide a recommendation to the PZC.
The PZC shall review and provide a recommendation to the Town Council. The Town Council shall
render the final decision on a major development plan within the Town Core.
(2) Minor Development Plan. The Director shall review and render decisions on all minor development
plan and minor sign plan applications. The decision of the Director may be appealed to the Town
Council pursuant to Section 7.16.170, Appeal. The Director may refer to the PZC any plan
application that the Director determines warrants review by the PZC.
(fg) Review Criteria. The following review criteria shall be considered as the basis for a decision on
development plan applications:
(1) Evidence of substantial compliance with the purpose of the Development Code as specified in
Section 7.04.030, Purposes;
(2) Evidence of substantial compliance with Section 7.16.090, Design review;
(3) Consistency with the Avon Comprehensive Plan The design reflects the long range goals and
design criteria from the Avon Comprehensive Plan and other applicable, adopted plan documents;
(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.; and
(7) 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.
(gh) Expiration. A development plan approval expires pursuant to Subsection 7.16.020(h).
(hi) Revocation. Approved site plan documents shall be binding upon the applicants and their successors
and assigns. No permit shall be issued for any building or structure or use that is not in accord with the
approved documents or any approved modifications thereto. The construction, location, use or operation
of all land and structures within the site shall conform to all conditions and limitations set forth in the
documents. No structure, use or other element of approved design review documents shall be
eliminated, altered or provided in another manner unless an amended site plan is approved. Any
deviation from the approved development plan as approved shall be grounds for revocation of the
development plan approval.
(Ord. No. 18-19 , §6; Ord. 14-09 §3 ; Ord. 13-09 §2; Ord. 10-14 §3)
7.16.090 - Design review.
The purpose of the design review process is to ensure compliance with the development and design
standards of the Development Code prior to the issuance of a building permit or concurrent with other
required permits and to encourage quality development reflective of the goals and objectives of the Avon
Comprehensive Plan.
(a) Purpose. Specific purposes of design review include:
(1) To prevent excessive or unsightly grading of property that could cause disruption of natural
watercourses or scar natural landforms;
(2) To ensure that the location and configuration of structures, including signs and signage, are
visually harmonious with their sites and with surrounding sites and structure and that there shall be
conformance to the Comprehensive Plan of the Town;
(3) To ensure that the architectural design of structures and their materials and colors are visually
harmonious with the Town's overall appearance, with natural and existing landforms and with
officially approved development plans, if any, for the areas in which the structures are proposed to
be located; and
(4) To ensure that plans for the landscaping of property and open spaces conform with adopted rules
and regulations and to provide visually pleasing settings for structures on the same site and on
adjoining and nearby sites.
(b) Applicability. A design review application shall be required for all new development and improvements,
as well as any modification to an existing development or improvement.
(c) Review Procedures. The design review process shall be a supplemental review for all development
plan applications.
(d) Notice and Hearing. PZC shall review and render a decision or recommendation on the development
plan application after conducting a public hearing. Town Council shall conduct a public hearing when
reviewing a Design Review application in the Town Core. Notice of the public hearing shall be published
and posted in accordance with Subsection 7.16.020(d)(1) and mailed notice is not required. The decision
of PZC may be appealed to the Town Council pursuant to Section 7.16.160, Appeal. The Director shall
not conduct a public hearing for administrative review and decision on development plan applications.
(e) Reviewing Authority. All design review applications shall be subject to the review authority of the
accompanying development plan application.
(f) Review Criteria. The PZC and Town Council shall apply the following review criteria for the basis of
recommendations and decisions on 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.
(g) Expiration. A design review approval expires pursuant to Subsection 7.16.020(h).
( Ord. 14-09 §4 ; Ord. 13-09 §2; Ord. 10-14 §3)
7.20.080(e):
Public Facilities (PF). The PF district is intended to provide sites for public uses such as community centers,
police and fire stations, and governmental facilities, government employee housing, and Community Housing.
The uses permitted in this district are identified by location the in Avon Comprehensive Plan. Unless
otherwise set forth in the Avon Comprehensive Plan, the following dimensional requirements shall apply for
the Public Facility (PF) zone district:
7.20.080(g):
Light Industrial and Commercial (IC). This district is intended to provide for a variety of businesses, including
warehouses, research and development firms, repair shops, wholesale distributors, light manufacturing and
Community Housing. This district may include supporting office and commercial uses where appropriate.
Uses permitted in this district are intended to serve community and regional needs. The IC district implements
the light industrial commercial and employment classification of the Avon Future Land Use Plan and should
be located along an arterial roadway.
Table 7.20-13
Dimensions for the Light Industrial and Commercial Employment District
USE TYPE
Min.
Lot
Size
(acres
or sq.
ft.)
Min.
Lot
Width
(feet)
Max. Lot
Coverage
(%)
Min.
Landscape
Area (%)
Min.
Front
Setback
(feet)
Min.
Side
Setback
(feet)
Min.
Rear
Setback
(feet)
Max.
Building
Height
(feet)
Max.
Density
Residential
Mixed Use
or IC
21,780
sq. ft. 100 50 20 25 7.5 10 48 See
footnote [1]
Community
Housing
21,780
sq. ft. 100 50 20 25 7.5 10 48 10 du/acre
[2]
[1] Accessory dwelling units which are accessory to the commercial use are permitted as a special review
use pursuant to Section 7.16.100. The maximum density residential in a mixed use project shall be no
more than four (4) ADU per acre; provided, however, on lots located on less than one (1) acre in size, the
Maximum Residential shall be four (4) ADU per lot.
[2] Additional Water Rights Dedication. The dedication of additional water rights may be required as a
condition to approval of development which exceeds the meter size assigned to the property. The Town
may accept cash-in-lieu of dedication in accordance with a water rights dedication impact fee schedule
adopted by ordinance if the Town has adequate availability of surplus water rights as determined by the
Town Council in its sole discretion.
7.20.100 - Employee housing mitigation.
(a)Purpose. The purpose of this Section is to create housing for workers generated by new development in
Avon, which is affordable to Eagle Valley workers. This is accomplished through the creation of Employee
Housing Mitigation units, deed restricting existing housing units, payment of fees based on the number of
workers created by development, and/or exempting Community Housing projects.
(b)Applicability. This Section shall apply to new multi-family residential (3 or more units), commercial,
accommodation units, industrial and other non-residential development within the Town. This Section
applies to all entities, including private and non-profit entities. All Employee housing mitigation dwelling
units required below are applied to the maximum residential density of the development.
Table 7.28-2
Residential Uses
Residential and
Accommodation Uses
Dwelling, Single-Family,
Duplex 2 per unit; 3 per unit for units over 2,500 sq. ft.
Dwelling, Multi-Family Studio/ Lockoff/ Accommodation unit - 1 per unit,
1 bedroom/ DU over 2,500 sq. ft. - 2 per unit
Guest Parking for Multi-
Family
3-5 units - 2 spaces
5-10 units - 3 spaces
11-15 units - 4 spaces
16-20 units - 5 spaces
21-25 units - 6 spaces
Over 25 units - 7 spaces plus 1 space for each 5
units in excess of 25 up to a maximum of 10
additional spaces.
Group Living
Group Homes 1 per bed plus 1 per 100 sq. ft. of GFA
Retirement home, nursing
home or assisted living
facility
1 per 4 beds and 1 per employee with
consideration to the number of shifts worked.
7.28.090
“7.28.090(c)(6) – The location and design of exterior lighting must be compliant with Section 15.30, Outdoor
Lighting Standards, Avon Buildings and Construction, and must be demonstrated at development review.”
7.28.080(b) Fence Design Standards.
(1)
Within the Wildridge Subdivision and RLD Zone Districts. All fences require approval from the Town.
Although discouraged in Wildridge and Wildwood, in all instances fences should complement the
property and landscape rather than contain the property. Fences that delineate property boundaries are
not permitted. Fences will be considered for approval by staff only when demonstrated by the applicant
that the design is consistent with the following criteria:
(i) Fence material shall be wood and no more than four (4) feet in height;
(ii) Fences shall be constructed using a split rail design with no more than two (2) horizontal rails;
(iii) Fences shall not delineate be located closer than 7.5 feet from the property lines;
(iv) Fences shall not enclose an area of two thousand (2,000) square feet or more;
(v) Fences shall ensure that wildlife migration is not negatively affected with the proposed fence design;
(vi) If a fence is part of a multi-family project, approval shall be received from the association and the
fence design shall be integrated with the overall landscape design of the property; and
(vii) If a fence is located on a duplex property, written approval shall be received from the adjoining
property owner and the fence design must be integrated with the overall landscape design.
(viii) Architectural mesh is allowed if it is open on the bottom to allow for small game to move through.
(iix) If a fence is intended to enclose an area containing more than fifty percent (50%) edible food crops,
the design must be consistent with the following criteria:
(A) Have a maximum height of six (6) feet;
(B) Have a maximum area of two hundred (200) square feet;
(C) Be at least fifty percent (50%) open;
(D) Fences with wire mesh are encouraged over solid wood; and
(E) Fences enclosed on the top and greenhouses are considered accessory structures.
7.34.010 - Sign Code.
(a) Statement of Purpose. The purpose of this Sign Code is to:
(1) Coordinate the type, placement, and physical dimensions of signs.
(2) Preserve the right of constitutionally protected free expression, which may be displayed on signs.
(3) Encourage the innovative use of design.
(4) Promote high quality and weather resistant signs that are properly maintained over time and
renovated when necessary.
(5) Maintain the mountain town character of the community through the use of signs that are
aesthetically pleasing, of appropriate scale, and harmonious with the built scale.
(6) Guarantee equal treatment through accurate record keeping and fair and consistent enforcement.
(7) Provide a reasonable balance between the right of an individual to identify a business or express
a message, and the right of the public to be protected against the visual discord resulting from the
unrestricted proliferation of signs and similar devices.
(8) Permit signage that advances and conforms with the policies of the Comprehensive Plan.
(b) Definitions. As used in this Chapter, the following terms shall have the meanings indicated:
Aggregate sign area means the total sum of the area of all signs on the building or property, except
those signs that are exempt from the review requirements of this Chapter.
Animated sign means signs that use movement or change of lighting to depict action or create a
special effect or scene.
Awning sign means a sign painted on, printed on, or attached flat against the surface of a shelter,
which projects from and is supported by the exterior wall of a building, and which is constructed of non-rigid
materials.
Banner means a sign made of fabric or any non-rigid material, typically having no enclosing or
supporting framework.
Building Facade means the entire outer surface of an exterior wall of a building, including windows and
parapets.
Building front means the horizontal, linear dimension of that side of a building, which abuts a street, a
parking area, a mall or other circulation area open to the public and has either a main window display or a
primary entrance to the building. For the purposes of this Chapter, a building shall be considered to have
up to two (2) building fronts as the property upon which it is situated has lot fronts.
Cabinet sign means a sign that contains all the text and/or logo symbols on the display face of an
enclosed cabinet.
Canopy sign means a sign that is mounted on a permanently roofed shelter covering a sidewalk,
building entrance or other similar area, which shelter may be wholly or partially supported by a building,
columns, poles, or braces extended from the ground.
Changeable copy sign means a sign on which the copy can be changed manually, or by electronic or
mechanical devices, such as electrical or electronic time and temperature units, or digital displays.
Changeable copy signs shall be classified as permanent signs.
Clearance (of a sign) means the smallest vertical distance between the grade of the adjacent street or
sidewalk, and the lowest point of any sign, including framework and embellishments, extending over the
grade.
Community Development Department means that department designated by the Town Council
responsible for approving applications for sign installations and who is responsible for enforcement of the
provisions of this Chapter.
Construction sign means a temporary sign located on a parcel of property, on which construction
activities of any type are being actively performed.
Copy means the wording on a sign surface in either permanent or removable letter form.
Digital Display or Electronic Message Center means a sign that contains changing messages or
images composed of electronically illuminated segments and/or a series of grid lights, including cathode
ray, LED, plasma, LCD, fiber optic, or other electronic media or technology.
Directional/informational sign means a sign located within five (5) feet of an entrance or exit to a lot, for
any building on the lot, or for parking for the lot.
Double-faced sign means a sign with two (2) faces, if not parallel then with an interior angle of not
greater than ninety degrees (90º).
Drive-through sign means a permanent sign located along a drive-through lane.
Event sign means a temporary sign allowed as part of an approved event permit, on a parcel subject
to the terms of such event permit.
Exempt sign means a sign expressly designated as exempt from the sign approval requirements
under this Chapter.
Flag means any fabric or similar lightweight material typically attached to a staff or pole, which is
intended to be permanently affixed to the ground or attached to a building.
Flashing sign means a sign that contains an intermittent or sequential flashing light source used
primarily to attract attention. Does not include changeable copy signs, animated signs or signs that, through
reflection or other means, create an illusion of flashing or intermittent light.
Foot-candle: A unit of incident light (on a surface) stated in lumens per square foot and measurable
with an illuminance meter, a.k.a. footcandle or light meter. One (1) footcandle is equal to one (1) lumen per
square foot.
Freestanding sign means a sign affixed to a supporting structure, imbedded in and extending from the
ground and detached from a building. The term includes pole sign, pedestal sign, monument sign, and
ground sign.
Government sign means a sign erected, installed, or maintained by the Federal, State, County, or local
government for any purpose, including without limitation traffic direction, or a sign located on a building
owned by the Federal, State, County, or local government.
Height (of a sign) means the vertical distance measured from the existing grade (at the time of sign
application) below the sign to the uppermost point of the sign or sign structure, whichever is higher.
Illegal sign means a sign which does not meet the requirements of this Code, and which has not been
designated as "legally nonconforming".
Illuminated sign means a sign with an artificial light source incorporated internally or externally for the
purpose of illuminating the sign.
Interactive storefront sign means a digital sign oriented and designed to interact with pedestrians
passing along the adjacent sidewalk.
Legal Nonconforming sign means a nonconforming sign designated as "legally nonconforming" under
Section (K) of this Chapter.
Maintenance means the cleaning, painting, repair, or replacement of defective parts of a sign in a
manner that does not alter the basic design, location, or structure of the sign.
Marquee means a permanent roof-like structure or canopy of rigid materials supported by, and
extending from, the facade of a building.
Marquee sign means any sign attached to or supported by a marquee structure.
Master Sign program means a comprehensive, narrative description of allowed sign types, and scaled
drawings of any building, lot, parcel, collection of parcels or other premises, showing the number, size,
description, color, materials and location of all signs thereon. It is used to create standard sign design
guidelines for projects with multiple buildings or tenants.
Multi-faced means any sign having more than two (2) faces.
Multiple business building means a building designed for occupation by two (2) or more businesses,
where each business is structurally separated from the others and has its own entrance, either exterior or
interior.
Off-premises sign means a commercial sign that does not pertain to the use of the premises on which
it is located.
On-premises sign means a sign that pertains to the use of the premises on which it is located.
Owner means the owner of the property on which a sign is located. The property owner is presumed to
be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the
attention of the Community Development Department.
Painted wall sign means any sign that is applied with paint or similar substance on the face of a wall.
Permanent sign means any sign that is permanently affixed or attached to the ground or to any
structure.
Portable sign means any sign designed to be moved easily, and not permanently affixed to the ground
or to a structure or building.
Private warning sign means an owner-erected sign designed to warn others of specific dangers or
prohibitions on the property.
Project development sign means a temporary sign located at the site of a development project that
has received Development Plan approval from the Town.
Projecting sign means a sign, other than a wall sign, which is attached to and projects perpendicularly
from a building wall a distance of twelve (12) inches or more, or is attached to any other structure in like
manner, which structure was not designed for the sole support of the sign.
Reflective surface means any material or device that has the effect of intensifying reflected light, such
as Scotchlight, Day-Glo, glass beads and luminous paint.
Roof sign means a sign that is erected upon, over, or on top of any portion of the roof of a building.
Rotating sign means a sign in which the sign itself, or any portion of the sign, moves in a revolving
manner. Such motion does not refer to methods of changing copy.
Sandwich board sign means a sign with two (2) faces attached at the top and open at the bottom so
that the structure forms a wedge and is self-supporting; also knows as 'A-frame sign'.
Sign means any object, device, display, structure, or fixture involving graphics, colors, symbols, written
copy, or illumination designed for the purpose of advertising, identifying, or providing information about an
establishment, a business, a service, an activity, or an organization.
Sign, area of means the entire surface area of a sign, as determined by the Town, including its facing,
copy, symbols, electronic displays, background, and borders, but not including the supporting structure or
decorative roofing, provided that there is no written copy on such structures.
Sign backing means any sign that is displayed upon, against, or through any material, color surface, or
backing that forms an integral part of such display and differentiates the total display from the background
against which it is placed. Conversely, a sign without backing is any word, letter, emblem, insignia, figure,
or similar character, or group thereof, that is neither backed by, incorporated in, nor otherwise made a part
of any larger display area.
Sign structure means any structure that supports, has supported, or is capable of supporting a sign.
Single business building means a structure or lot containing one (1) business or several related
businesses under any form of ownership. If two (2) or more businesses are located in a structure or on a
lot, use the same entrance and are not physically separated by walls, they shall constitute one (1) business
for the purposes of this Article.
Snipe sign means a sign or poster affixed to a tree, fence or any object within a public street or right-
of-way.
Statuary sign means any sign that is a three-dimensional, sculptured, or molded representation of an
animate or inanimate object.
Temporary sign means a sign or display that is designed for short-term use, and that is not intended to
be permanently attached to a building wall or permanently installed in the ground. Temporary Signs are
signs allowed for a limited time under this Article.
Town of Avon sign means a sign erected, installed, or maintained by the Town of Avon for any
purpose, or a sign located on a building owned by the Town.
Under canopy sign means a sign suspended beneath a canopy, ceiling, roof, or marquee.
Vehicular sign means a sign directly placed, affixed, or painted on a motor vehicle or trailer.
Walking sign means a commercial sign that is, or is intended to be, held by, attached, or affixed on a
person.
Wall sign means a sign attached parallel to and extending not more than twelve (12) inches from the
wall of a building. This definition includes painted, individual letter, cabinet signs, and signs on a marquee
or canopy.
Wind-driven sign means a sign consisting of one (1) or a series of two (2) or more banners, flags,
pennants, ribbons, spinners, streamers, captive balloons, or other objects or material fastened in such a
manner as to move, upon being subjected to pressure by wind or breeze.
Window sign means a sign applied, attached to a window or door, or located within thirty-six (36)
inches of the interior surface of a window that is visible and/or legible from the outside.
(c) Sign Area Calculation.
(1) Measuring Sign Area. When the surface area of a sign consists of a conventional geometric shape,
such as a rectangle or an oval, the accepted mathematical formula for calculating area shall be
used in determining the sign area.
(2) Irregular Geometric Shapes. If a sign consists of a geometric shape without an accepted
mathematical formula for calculating area, the sign area shall be calculated by enclosing the sign
within a rectangle or the closest conventional geometric shape, with a maximum of three (3)
enclosing shapes.
(3) Projecting and Freestanding signs. The area of such signs shall have only one (1) face (the larger
one) counted of each double-faced sign in calculating the area, provided that any one (1) interior
angle formed by the planes of the sign faces does not exceed ninety degrees (90º). The sign area
of a multi-faced sign shall be calculated by adding the area of all sign faces excepting one (1). If
the area of the sign faces differs, the smallest sign face will be the one excluded from the
calculation. The area shall be the sum of the areas of each module or cabinet, including any
framing, trim, or molding.
(4) Individual Letters or Symbols. If a sign is composed of individual letters or symbols using the wall
as the background (signs without backing), the sign area shall be calculated by enclosing each
word and/or symbol within a rectangle, or the closest conventional geometric shape, with a
maximum of three (3) enclosing shapes. The combined area of the shapes shall be considered the
total sign area.
(d) Permitted Signs Generally. The following signs are permitted subject to obtaining the required sign
plan approvals, unless it is specifically stated below that the sign is exempt from review requirements:
(1) Commemorative signs, cornerstones, and plaques not exceeding two (2) square feet (exempt).
(2) Construction Signs, which must be removed on or before the date of issuance of a certificate of
occupancy for the project (exempt).
(3) Directional/informational signs of six (6) square feet or less each or as indicated on an approved
Master Sign Program (exempt).
(4) Event signs, as part of an approved event permit.
(5) Flags, not exceeding fifty (50) square feet in area, and no flagpole may be higher than thirty-five
(35) feet in all zone districts except residential zones, in which the maximum height shall be twenty-
five (25) feet (exempt). A maximum of two (2) flags per property.
(6) Freestanding signs.
(7) Town of Avon Government signs (exempt, including any digital displays).
(8) Gravestones (exempt).
(9) Holiday displays and decorations (exempt).
(10) Private warning signs (exempt).
(11) Signs showing underground or public utilities (exempt).
(12) Wall Signs.
(13) Non-illuminated Window Signs (exempt, as long as square footage requirements are met).
(14) Required street address signs six (6) square feet and smaller are exempt from the aggregate
sign area.
(15) Project development signs: The Sign Administrator may issue approval for a development sign
meeting these criteria:
i. Not exceed an aggregate of sixteen (16) square feet and eight (8) feet in height.
ii. Not exceed two (2) signs per development project.
iii. Shall be removed if a construction sign is erected or if the project is no longer in the planning
approval process.
iv. In no case shall a sign be retained for more than two (2) years.
(e) General requirements.
(1) No person may engage in the business of erecting, altering, relocating, constructing, or
maintaining signs without a valid contractor license issued by the Town.
(2) Maintenance, installation, and placement standards.
i. All persons involved in the maintenance, installation, alteration, or relocation of signs near or
upon any public right-of-way or property shall agree to hold harmless and indemnify the Town,
its officers, agents, and employees against any and all claims of negligence resulting from
such work insofar as the Chapter has not specifically directed the placement of a sign.
ii. Unless this Chapter imposes a greater restriction, the requirements for clearances and
placement of signs on a building shall comply with the adopted International Building Code
(IBC) Codes and local amendments.
iii. Wall signs, marquee signs, and canopy signs may be placed on any wall as appropriate. In
no case, other than as part of an approved Master Sign Program, shall any more than two (2)
wall-mounted signs be placed on any one (1) building facade. Wall signs may not interrupt
any architectural feature.
iv. Signs are not subject to the setback requirements of the zone district where they are located,
provided that no sign, or part of the sign, shall project beyond a property line. No freestanding
sign may be located where it impairs the visibility for motor vehicles. A sight triangle shall be
established in which no sign is erected in a manner that limits or obstructs the sight distance
of motorists. Adjacent parcel owners may request to erect a common sign structure on their
common lot lines if written agreement is presented as evidence to the Town, and the Town
further agrees to such plan. No sign shall interfere with or obstruct sidewalks, multi-use trails,
utilities, snow storage areas, or drainage facilities.
v. Projecting signs shall not project over six (6) feet from the face of the building.
vi. All signs shall be properly maintained. Exposed surfaces shall be clean and painted as paint
is required. Defective parts shall be replaced. Faded plastics shall be replaced. The Sign Code
Administrator shall have the authority to order repairs or repainting as necessary.
vii. Permanent signs and sign structures shall be constructed by a professional sign
manufacturer or be of similar professional quality. Metal sign components shall be
noncorrosive or coated with suitable paint to prevent corrosion. Permanent signs shall be
fabricated on materials that are of good quality, durable, and weather- resistant.
viii. Temporary signs shall be durable, weather-resistant, and fastened or anchored adequately.
Temporary signs employing plywood as a substrate shall be of medium-density overlay
plywood and shall show no signs of cracking or peeling on the painted surfaces. Lightweight
fabrics or similar materials shall be mounted securely to a rigid surface.
ix. A freestanding sign erected at the edge of a parking area or adjacent to a traffic lane shall
have a barrier at the base to prevent collision between motor vehicles and the sign.
x. No wall-mounted, projecting, marquee, awning, or canopy sign shall be located above the
ceiling of the second story of a building.
xi. Signs shall be readable, with letters large enough to be legible, and with adequate contrast
between the letters and the background.
(3) Sign Materials. Signs shall use quality materials, including but not limited to natural stone,
anodized metal, routed or sandblasted wood, such as rough cedar or redwood; interior-lit, individual
Plexiglas-faced letters; or three-dimensional individual letters with or without indirect lighting.
(4) Landscaping. Landscaping is required for all freestanding signs, and should be designed to
enhance the signage and surrounding building landscaping.
(5) Lighting. Lighting shall be of no greater wattage than is necessary to make the sign visible at
night, and should not reflect unnecessarily onto adjacent properties. Lighting sources, except neon
tubing, should not be directly visible to passing pedestrians or vehicles, and should be concealed
in such a manner that direct light does not shine in a disturbing manner. Internally Lit signs shall
not be illuminated when the business is closed.
(6) Location. On multi-story buildings, individual business signs shall be limited to the ground level.
(7) Vehicular signs. Vehicular signs are exempt from review and are allowed if all of the following
criteria are satisfied:
i. The vehicle is operable and has a current valid registration;
ii. The sign is permanently or directly applied to the vehicle itself;
iii. Vehicles with signs permanently or directly applied must be normally and regularly used for
the transport of persons, goods or services, or be in the service of a municipal, county, state,
or federal agency; and
iv. Vehicles with signs must be parked or stored in areas designated for parking or vehicle
storage, and must not obstruct site circulation.
(8) Digital Displays, Electronic Message Centers, and electronic changeable copy signs. Auto-
oriented electronic messages, images, and/or changeable copy signs are permitted along arterial
streets only for gasoline pricing, parking garage stall counter displays, drive-thru menu boards,
drive-thru lane informational signage, provided that they meet the following criteria:
i. Such signs shall be equipped with automatic dimmers, which shall be programmed to not
exceed three tenths (.3) footcandles over ambient light levels.
ii. Signs shall not cause distractions to drivers with moving images or similar effects.
iii. Individual letters are limited to 17 inches in height.
iv. Digital signs are included in sign area calculations.
v. Drive-thru signs shall be oriented to face the interior of the lot and include adequate screening
to not be visually impactful from neighboring properties or the street.
(9) Interactive storefront sign are allowed for ground floor commercial uses in the Town Center zone
district, subject to the following regulations:
i. Interactive storefronts must be designed, installed, and maintained to function as a computer-
generated interactive display that responds to the physical activity of engaged pedestrians
passing along the adjacent sidewalk.
ii. Signs shall be placed on the interior of a pedestrian oriented display window.
iii. Messages displayed on interactive storefronts must be oriented towards pedestrians, and not
passing motorists.
iv. Interactive storefront signs count towards the calculation of maximum allowable window
display area, Section (g)(3)(iii).
v. The dimensional maximum of an interactive sign is three square feet or a 28-inch monitor.
(f) Regulations in Residential Zoned Districts.
(1) Residential project entrance signs. Residential project entrance signs are permitted as follows:
i. One (1) sign, located adjacent to the primary entrance, not to exceed thirty-two (32) square
feet in area and eight (8) feet in height;
ii. One (1) sign per secondary entrance, not to exceed sixteen (16) square feet in area and eight
(8) feet in height.
iii. One (1) wall sign is permitted per street frontage in the RH district. Total aggregate sign area
of wall signs for shall not exceed twelve (12) square feet per front, or twenty-four (24) square
feet per development.
(2) One (1) construction sign shall be permitted for single family and duplex residences not to exceed
six (6) square feet. Multi-family developments shall be permitted a maximum of two (2) construction
signs per development site, not to exceed an aggregate sign area of twelve (12) square feet.
(3) Each property shall be allowed an additional aggregate sign area of twelve (12) square feet of
temporary freestanding signage. Such signage is limited to four (4) feet in height, and a time period
not to exceed forty-five (45) days per year. The time period set forth in this Section shall not apply
to any sign placed on a parcel of real property, which is actively listed for sale, as evidenced by
such parcel's listing in a multiple listing service or other real estate listing service.
(g) Regulations in Mixed-use and Commercial Lots.
(1) Individual business lot sign. Sign or signs shall not exceed one (1) square foot of sign area per
lineal foot of building front.
(2) Multiple business lot signs. Total sign area shall not exceed one (1) square foot per lineal foot of
building front for the first thirty-two (32) feet and one-third (1/3) square foot per lineal foot of building
front in excess of thirty-two (32) square feet. Total building or project identification sign area shall
not exceed a maximum of sixty-four (64) square feet per lot front.
(3) Generally applicable sign requirements.
i. Multiple signs. More than one (1) sign is be permitted, provided the total sign area does not
exceed the total allowed for the lot or building.
ii. Each property shall be allowed an additional aggregate sign area of twelve (12) square feet
of temporary freestanding signage. Such signage is limited to four (4) feet in height, a
maximum of four (4) signs per property at any one time, and a time period not to exceed forty-
five (45) days per year. The time period set forth in this Section shall not apply to any sign
placed on a parcel of real property, which is actively listed for sale, as evidenced by such
parcel's listing in a multiple listing service or other real estate listing service.
iii. Window Signs shall not exceed twenty-five (25%) of the area of the window onto which they
are attached. All window signs must be on the interior surface of the window. Window signs
are exempt from the approval requirements, and do not count towards the aggregate sign
area.
iv. A maximum of two (2) construction signs shall be permitted for each construction project not
to exceed an aggregate sign area of sixteen (16) square feet.
v. Portable sandwich board signs are permitted only in the Town Core, provided that all of the
following criteria are met:
(A) Sandwich board signs must have a well-maintained appearance, and shall not exceed
three (3) feet in width or three (3) feet in height.
(B) Only one (1) sandwich board sign is permitted per business or organization.
(C) Sandwich board signs must be located within five (5) feet of the building entrance, or
the building area occupied by the entity posting the sandwich board sign.
(D) Sandwich board signs shall only be posted during business hours, or the operating
hours of the entity posting the sign.
(E) Sandwich board signs shall not obstruct pedestrian walkways or parking areas, and
shall not result in non-compliance with the Americans with Disabilities Act (ADA).
(h) Master Sign Programs.
(1) The purpose of a Master Sign Program is to establish a common theme amongst signs on a
building or development project to create visual harmony between the signs, and other design
elements on the property.
(2) Master Sign Programs are encouraged for all properties and are required as a part of the design
review process for all proposed projects.
i. The owner, builder, or developer of a building designed for single use shall present to the
Community Development Department a Master Sign Program showing proposed locations of
all signs.
ii. Multi-business buildings. The owner, builder, or developer of a building designed for
occupation by two (2) or more businesses under separate ownership shall present to the
Community Development Department a Master Sign Program showing proposed sign
locations, types, and methods of allocating sign area allowances to tenants' use.
(3) Master Sign Programs shall be in accordance with:
i. The Master Sign Program will demonstrate coordinated signage by maintaining a certain
uniformity of appearance through the consistent application of three (3) out of the six (6)
following elements: color, size, shape, materials, mounting, or lighting. All proposed locations
of freestanding signs and building directories shall be shown.
ii. Master Sign Program changes or proposals may not be made without HOA or owner approval.
iii. All Master Sign Programs shall be in written and plan form.
(A) Program Statement shall include: height off the ground, the locations, types,
(freestanding, projecting, etc.) illumination, sizes (square footage) of each sign according
to the corresponding building face, and any additional information as determined by the
Sign Administrator.
(B) Drawn plans shall include:
(1) Site plan showing dimensions, colors, materials, copy, illumination, and required
landscaping for all freestanding signs.
(2) Program elevation showing locations, overall and letter/figure dimensions, colors,
materials, proposed copy, illumination, and anchoring of each sign on the building.
(3) Perspective, Sketch-up, or other type of rendering.
(4) Any additional information as determined by the Sign Code Administrator.
iv. Master Sign Programs may include sign examples with wording, colors, materials, etc. to
further define the program requirements.
v. Master Sign Programs may include limitations on wording, colors, design, lighting, materials,
and other restrictions.
vi. Proposed signs, not in accordance with the property' approved Master Sign Program, will
only be considered by the Planning and Zoning Commission upon receipt of written evidence
that the proposed sign is acceptable to the owners of the building or the owners' association.
Non-complying signs must:
(A) Demonstrate compliance with purpose statements of this Chapter; and
(B) Be found to enhance and generally modernize the site.
(i) Prohibited signs. The following signs, unless otherwise stated herein, are prohibited:
(1) A sign that is structurally unsafe, unsanitary, or hazardous to the safety or health of any person.
(2) Signs imitating or resembling official traffic or government signs or signals, or signs creating an
unsafe distraction for motor vehicle operators.
(3) Signs that are in disrepair, damaged, dilapidated, inadequately maintained, or components of
signs which do not function as intended - as determined by the Sign Code Administrator.
(4) Moving, animated, revolving, rotating, or reflective signs.
(5) Signs that obstruct the view of motor vehicle operators entering a public roadway from any parking
area, service drive, private driveway, alley, or other thoroughfare; or which obstruct free ingress to
or egress from a required entrance or exit way.
(6) Nonconforming Signs, except legal nonconforming signs.
(7) Neon, other gas-filled, or LED light tubes.
(8) Banners, except as described below:
i. Temporary banners as allowed as part of an approved event permit.
ii. Temporary banners allowed under the following procedure: the owner or operator of a
business or organization may apply to the Town for a temporary banner for display up to
thirteen (13) weeks per calendar year, for two (2) week intervals. Maximum banner size is
thirty-two (32) square feet. Banners shall be in good condition, without rips or tears, and all
corners shall be attached to a building or a projection of a building. A business or organization
may hang no more than one (1) banner at a time.
(9) Signs erected on public rights-of-way, except government Town of Avon signs.
(10) Wind-driven signs, air-activated graphics, or inflatable signs.
(11) Signs that utilize or incorporate searchlights.
(12) Signs mounted on the roof of a building, above canopies or eaves, or extending above the
uppermost edge of a parapet wall.
(13) Walking signs, human signs, signs incorporating live animals, or sign spinners.
(14) Signs with auditory messages or sounds.
(15) Snipe or poster signs, including signs fastened to trees, fences, utility poles, public benches,
streetlights, or placed on any public property or public right-of-way.
(16) Portable wheeled signs and portable message center signs.
(17) Billboards or Off-Premises signs.
(18) Festoons, freestanding blade signs, inflatable signs, or teardrop flags of any shape.
(19) Statuary signs, except those proposed as part of a building sign, and whose area does not
exceed fifty percent (50%) of the area of the sign.
(20) Projected image signs or signs with projected copy.
(21) Signs with lights or illuminations that flash, scintillate, blink, flicker, vary in intensity, or vary in
color.
(22) Freestanding signs supported by a singular pole or post.
(23) Under-canopy or hanging signs that extend beyond the edge of the canopy or roof from which
they are suspended.
(24) Back-lit awning signs.
(25) Internally illuminated cabinet signs are prohibited except for those which use a non-opaque
material and punch-through letters so only the letters are illuminated.
(j) Safety standards.
(1) Freestanding or projecting signs and sign structures shall be engineered to withstand the minimum
wind and snow load requirements of the adopted building codes. A building permit and associated
engineering data sufficient to prove the reliability of the structure and the foundation shall be
submitted for signs over ten (10) feet in height and/or forty (40) square feet in area.
(2) Signs in danger of falling down, or which become insecure, or otherwise represent an unsafe
condition shall constitute a violation under the provisions of this Chapter, and shall be removed or
corrected by the sign owner.
(3) Electrical wiring for energizing an electrical sign shall be underground in the case of freestanding
and behind the sign cabinet in the case of wall or projecting signs.
(4) All freestanding signs shall be self-supporting, erected on or permanently attached to a concrete
foundation. Signs mounted on marquees or projecting signs shall be engineered such that no guy
wires are needed for support, other than the sign structure itself. Wall signs shall be mounted on
the wall of the building.
(5) Anchors and supports shall be guarded and protected when near driveways, parking lots, or
similar locations where they could be damaged by moving vehicles. Signs attached to masonry,
concrete, or steel shall be safely and securely fastened thereto by means of metal anchors, bolts,
or approved expansion screws of sufficient size and anchorage to safely support the loads applied.
No anchor or support of any sign, except flat wall signs, shall be connected to or supported by an
unbraced parapet wall.
(k) Legal nonconforming signs.
(1) An existing sign which does not conform to the provisions of this Chapter may be eligible for the
designation of legal nonconforming, provided that the Sign Code Administrator determines that
such sign is properly maintained according to all applicable legal requirements, does not in any
way endanger the public, and was covered by a valid permit or variance or complied with all
previously applicable laws.
(2) A sign may lose this designation if the sign is relocated or replaced, or the structure or size of the
sign is altered in any way, other than normal maintenance. If the sign suffers more than fifty percent
(50%) appraised damage or deterioration from fire, wind or other cause except vandalism, it must
be brought into compliance with this Chapter. If the sign is remodeled, moved, or copy or text is
changed under new ownership, or was never erected in accordance with any code in force at the
time, the sign shall be removed or brought into compliance with this Chapter.
(3) The Town Council may condemn a nonconforming sign. Recommendations for condemnation
may be made by the Planning and Zoning Commission;
(4) By amortization. The right to continue to use or operate a nonconforming sign shall terminate five
(5) years after the effective date of the ordinance codified in this Chapter or the annexation of the
area in which the sign is located to the Town.
(Ord. No. 18-19 , §14)