PZC Packet 011822_______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MPIELSTICKER@AVON.ORG WITH ANY SPECIAL REQUESTS.
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Notice of Regular Avon Planning and Zoning
Commission Meeting
January 18, 2022 at 5:00 p.m. MST
WEBINAR MEETING ONLY
Avon Town Hall operations are limited due to COVID-19
pandemic health orders to restrict gatherings.
Physical attendance of the Avon Planning and Zoning
meeting is not allowed.
Please go to the Town of Avon website, www.Avon.org, and
click on the Planning and Zoning Commission bar on the top of
the home page to find information on registering to join the
meeting. You can also find the agenda and meeting packet
materials for the meeting under Government > Planning &
Zoning Commission > Agendas, Packets & Materials.
Meeting Registration Link:
https://us02web.zoom.us/webinar/register/WN_OYr5sOmuT
CqEOqoSyRobXg
_______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MPIELSTICKER@AVON.ORG WITH ANY SPECIAL REQUESTS.
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AVON PLANNING & ZONING COMMISSION
MEETING AGENDA – VIRTUAL ONLY
TUESDAY, JANUARY 18, 2022 - MEETING BEGINS AT 5:00 PM
1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4. 3770 EAGLEBEND DRIVE / VARIANCE - PUBLIC HEARING – FRONT AND SIDE YARD SETBACK VARIANCE
REQUESTS FOR A HALF-DUPLEX PROPERTY ON EAGLEBEND DRIVE. THE IMPROVEMENTS IN THE FRONT SETBACK
INCLUDE CONVERSION OF CARPORT TO FULL SIZE ENCLOSED GARAGE, AND THE SIDE YARD SETBACK VARIANCE
REQUEST INCLUDES A ROOF STRUCTURE COVERING PATIO. (PLANNING DIRECTOR MATT PIELSTICKER AND
ARCHITECT ERIC JOHNSON). 5. CONSENT AGENDA
5.1. APPROVAL OF MINUTES FROM DECEMBER 21, 2021 PZC MEETING 5.2. RECORD OF DECISION AND FINDINGS OF FACT FOR MJR21008, MCGRADY ACRES MAJOR DEVELOPMENT PLAN 5.3. RECORD OF DECISION AND FINDINGS OF FACT FOR SUB21006, MCGRADY ACRES PRELIMINARY SUBDIVISION 5.4. RECORD OF DECISION AND FINDINGS OF FACT FOR AEC21008 & MNR21039, NORTH PARK RESTROOMS
ALTERNATIVE EQUIVALENT COMPLIANCE AND MINOR DEVELOPMENT PLAN 5.5. RECORD OF DECISION AND FINDINGS OF FACT FOR AEC21009 & MJR, EAST HARRY A. NOTTINGHAM PARK
IMPROVEMENTS ALTERNATIVE EQUIVALENT COMPLIANCE AND MAJOR DEVELOPMENT PLAN
6. STAFF UPDATES
7. ADJOURN
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970-748-4413 mpielsticker@avon.org
TO: Planning and Zoning Commission
FROM: Matt Pielsticker, AICP, Planning Director
RE: File# VAR21001 / Setback Variance Public Hearing
Lot 19 Eaglebend / 3770 Eaglebend Drive
DATE: January 13, 2022
INTRODUCTION: The PZC will conduct a public hearing and consider a Variance for Lot 19 Eaglebend
(“Property”) on January 18, 2022 . A Variance is a zoning procedure that exists in order to entertain deviations
from zoning standards (i.e. height, setbacks, parking, lot coverage) when a property owner can demonstrate that a
hardship or practical difficulty exists when trying to meet zoning requirements. A practical difficulty or
unnecessary physical hardship may result from the size, shape or dimensions of a site or the location of
existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or
from other physical limitations, street locations or traffic conditions in the immediate vicinity. Cost or
inconvenience to the applicant of strict or literal compliance with a regulation is not a reason for granting a
variance.
SUMMARY OF REQUESTS: The applicant is requesting (“Attachment A”) a number of property improvements
(“Attachment B”) to the property. The Variance application requests relief from a 20’ front setback and 7.5’ side
setback for the construction of an enclosed garage in the front yard, and covered patio in the 7.5’ side setback.
The Property received a Variance in 1988 for a carport constructed within the front yard bordering the property
line. This is discussed below in Background section of the report. The build-out plans (“Attachment B”) include
other exterior modifications that do not impact setbacks. The Development Plan application was submitted
concurrently with the Variance at staff’s direction, but action on the design will follow the review of this Variance,
pending modifications (if any) that result from action on the two Variance requests.
SITE DESCRIPTION: The Property is located on the river side of Eaglebend Drive and is the first property to the
east of Stonebridge cluster homes. The Property includes two single-family homes constructed in 1985. The two
units are bridged together with bridge elements. The site measures .186 acres and slopes down from Eaglebend
Drive toward the Eagle River. Mature landscaping exists on all sides of the structure. The 30’ Metcalf Ditch
Easement splits the lot in half, which renders the bottom 2/3 of the Property undevelopable. The existing dwelling
unit measures approximately 1,900 square feet.
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970-748-4413 mpielsticker@avon.org
Improvement Survey showing existing structure outline of home, carport, and Metcalf Ditch Easement
BACKGROUND: The Eaglebend Subdivision is broken down into different areas, all possessing unique attributes
and associated development controls. The subject Property is located along the Eagle River in “Area V”, where all
of the home sites contain a 30’ setback from the high-water mark of the river, or the Metcalf Ditch Easement,
whichever is more restrictive. All of the properties on this stretch of the river contain 7.5’ easements and
setbacks. Except for this Property, all properties fronting the river contain a 25’ front building setback; this
Property was platted with a less restrictive 20’ front building setback because of the constricted buildable area
measured from the Metcalf Ditch to the front lot line and Eagle Bend Drive.
Following is a brief timeline of related development approvals in the vicinity of the Property:
1988
February - PZC approves Resolution 88-1, a Variance from front setback for 2 carports on Lot 19 (33770
Eaglebend Drive): one for the existing single-family home and one for the single-family home on Lot 19-E.
Approval stated 3 cars for each carport and approval to construct landscaping improvements in the Right
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970-748-4413 mpielsticker@avon.org
of Way. Approval stipulated that the Variance is limited to construction of carports “generally conforming
with schematic drawing submitted with application.” No plans have been located in Town files. This is the
Variance being revisited with this Application.
December – PZC approved Resolution 88-12, a Variance for 5’ encroachment into the 25’ front setback
for a duplex on Lot 17 (3950 Eaglebend Drive). This approval cited the fact that two duplex properties on
the street also obtained Variances based on the confined nature of the properties between the Metcalf
Ditch Easement and the street. The staff report mentioned that pushing the homes closer to the street
resulted in preservation of river views from adjacent sites. The west half of the duplex was
constructed in 1989, with a two-car enclosed garage within the front setback. The east half of the
lot remains vacant today.
1992
PZC approved Resolution 92-3 for Lot 18 (3860 Eaglebend Drive) with 20’ encroachment into the 25’ front
setback for two (2), three (3) car, carports. Approval stated that the Variance was limited to construction of
carports “generally conforming with schematic drawing submitted with application.” No original plans have
been discovered in Town files. Both dwelling units were built in the front setback. Lot 18-W was fully
enclosed with a garage door in the early 2000s.
REVIEW PROCEDURES: This application follows the general preview procedures set forth in Code Section
7.16.020, General Procedures and Requirements. An accompanying Minor Development Plan application for
these improvements active and will be acted upon after the Variance review is complete. After conducting a Public
Hearing and considering staff’s analysis and public comment, PZC is authorized to take action on the Application
pursuant to Avon Development Code Section 7.16.110(b), Review Authority. The decision of PZC may be
appealed to the Town Council. If the Application is approved and the variance is granted, the approval expires if a
building permit is not obtained within one (1) year of the approval.
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970-748-4413 mpielsticker@avon.org
PUBLIC NOTICE: Notice of the public hearing was published in the Vail Daily in accordance with Sec.
7.16.020(d) of the Avon Municipal Code (AMC). Mailed notice is required for this application, and notification
was sent to all property owners within 300’ of the Property on December 24, 2021 . The application materials are
posted at www.avon.org/planning and a physical sign was placed on the Property on January 14, 2022 as a
courtesy to neighbors.
REVIEW CRITERIA: § 7.16.110(c)
(1) The degree to which relief from the strict or literal interpretation and enforcements of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of the Development Code without grant of special privilege; Staff Response: The relief requested from the side yard setback is from 7.5’ to 0’. This request is based on
safety concerns with shedding snow and ice in an existing patio area at the ground level. The construction of a
covered roof to the property line is not necessary to achieve compatibility and uniformity of treatment among
sites in the vicinity. No other properties in the neighborhood contain 0’ side setbacks. It should be noted that
immediately to the west is a platted 100’ side setback from Stonebridge cluster home development. Diminishing
to a zero side yard setback should not negatively impact the adjacent property given the large existing 100’
setback and buffer.
Granting a variance to expand the existing carport depth and converting to an enclosed garage is consistent
with other properties, most notably Lot 18-W, where an enclosed garage fronts Eaglebend Drive within the front
setback. Converting to an enclosed structure would be consistent with other properties on the street.
(2) The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities and public safety; Staff Response: No substantive effects are anticipated with granting the two requests. Staff was initially
concerned that increasing the depth of the parking area for the Property could result in vehicles needing to back
up onto Eaglebend Drive when departing, especially if/when vehicles are parked outside of the carport of the
east (Lot 19-E) unit. An auto turn analysis was presented showing that vehicles would be able to back up and
turnaround in the auto court area, again, only when the entire auto court area is open with no parked vehicles. If
the front setback Variance were granted, it would likely make it impossible for the eastern unit to perform a
similar improvement in the future. (3) Such other factors and criteria related to the subject property, proposed development or variance request as the decision-making body deems applicable to the proposed variance; Staff Response: The fact that a 100’ building setback exists to the west is a notable consideration, however,
staff finds the granting of a zero side yard setback is unprecedented in the neighborhood and not necessary to
obtain uniformity or conformity with other development in the area. Expanding the length of the stone retaining
wall and the lack of architectural attention to the street side of the garage addition should be a consideration
from a design review perspective.
If PZC requires additional information or studies to evaluate the requests, I recommend detailing the information
and making a request pursuant to Avon Development Code Section 7.16.020(b)(3), Studies and Reports.
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970-748-4413 mpielsticker@avon.org
REQUIRED FINDINGS: §7.16.110(d)
(1) That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district; Staff Response: Granting the front setback variance expansion would not be a grant of special privilege as
other properties on the street have enclosed garages within the front setback. The side yard setback would be
inconsistent, as all properties contain at least 7.5’ side yard setbacks.
(2) That the granting of the variance will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity; Staff Response: No detrimental impacts are anticipated.
(3) That the variance is warranted for one (1) or more of the following reasons:
(i) The strict, literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code; (ii) There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone; or (iii) The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district; Staff Response: PZC is required to make at least one of these three findings in a motion to approve a
Variance. As discussed above, while this property is encumbered in a similar fashion to other neighboring
properties on Eaglebend Drive, due to the angle of the Metcalf Ditch Easement this is the most constrained site
as measured from front to back. This rationalization was used when the first Variance was granted for the
carport, and it still holds true today. Staff finds this to be a unique limitation, and not approving the front setback
Variance expansion would deprive the applicant of a privilege (converting carport into garage) of other property
owners in the vicinity. No extraordinary circumstances exist with the side yard setback and staff does not support
this particular request for that reason. Other properties do not have zero lot line side setbacks in the vicinity.
OPTIONS: PZC has the following options regarding the Application:
- Approve as submitted;
- Conditional/Partial Approval as recommended by staff;
- Continue, pending additional information; or
- Deny.
STAFF RECOMMENDATION: I recommend approving the expansion of the front yard setback Variance and
denial of the side yard setback as described in the recommended motion below.
RECOMMENDED APPROVAL MOTION: “I move to approve the Variance application with the findings and
conditions listed in Staff’s report.”
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970-748-4413 mpielsticker@avon.org
Staff Recommended Findings:
1. The development application is reviewed pursuant to the general review procedures set forth in Avon
Development Code Section 7.16.110, Variance, and Section 7.16.020, General Procedures and
Requirements;
2. The application is complete;
3. The development application provides suffic ient information to allow PZC to determine that the
development application complies with the relevant review criteria;
4. A public hearing was conducted on January 18, 2022, meeting all noticing requirements;
5. The development application complies with the goa ls and policies of the Avon Comprehensive Plan;
6. The demand for public services or infrastructure exceeding current capacity is mitigated by the
development application ;
7. The granting of the front setback Variance will not constitute a grant of special pri vilege inconsistent
with the limitations on other properties classified in the same district; granting side yard setback
would be a grant of special privilege;
8. The granting of the Variance will not be detrimental to the public health, safety or welfare or materially
injurious to properties or improvements in the vicinity;
9. The front setback Variance is warranted due to the Property containing the most constricted building
envelope in the area due to the 30’ Metcalf Ditch Easement; and
10. The front setback Variance is warranted because other owners in the same zone district enjoy enclosed
garage space within the front setback area, as previously approved by PZC.
Staff Recommended Conditions:
1. Side yard setback is not approved.
2. This Variance approval expires if a building permit is not obtained within one (1) year of the approval
OPTIONAL MOTION FOR DENIAL: “I move to deny the Application based upon the following findings:
1. The development application is reviewed pursuant to the general review procedures set forth in Avon
Development Code Section 7.16.110, Variance, and Section 7.16.020, General Procedures and
Requirements;
2. The application is complete;
3. The development application provides suffic ient information to allow PZC to determine that the
development application complies with the relevant review criteria;
4. A public hearing was conducted on January 18, 2022, meeting all noticing requirements;
5. The granting of the Variance will constitute a grant of special privilege inconsistent with the limitations
on other properties classified in the same district;
6. The granting of the Variance will be detrimental to the public health, safety or welfare or materially
injurious to properties or improvements in the vicinity; and
7. The Variance does not meet the required findings outlined in Avon Development Code Section
7.16.100(d), Required Findings.
Thank you, Matt
ATTACHMENTS:
A. Written request from Property Owner B. Proposed Buildout Plans
C. Existing Photographs
Attachment A
Attachment B
FRONT (STREET) ELEVATION
-NOTE EXPOSED VEHICLE
WITHOUT COVER
Attachment C
NEIGHBORING UNIT TO THE EAST SHARING SAME MOTOR COURT AREA
REAR (RIVER) ELEVATION. PATIO ON LEFT
SOUTHWEST ELEVATION
WEST ELEVATION AND
AREA REQUESTING SIDE
YEARD SETBACK
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AVON PLANNING AND ZONING COMMISSION
MEETING MINUTES
TUESDAY, DECEMBER 21, 2021
1. CALL TO ORDER AND ROLL CALL
THE VIRTUAL-ONLY MEETING WAS CALLED TO ORDER AT 5:06PM BY CHAIRPERSON BARNES.
A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS PRESENT WERE TREVOR MACALLISTER, JARED
BARNES, DONNA LANG, AND ANTHONY SEKINGER. ALSO PRESENT WERE TOWN MANAGER ERIC HEIL, AND
MATT PIELSTICKER, PLANNING DIRECTOR.
2. APPROVAL OF AGENDA
COMMISSIONER LANG MOTIONED TO APPROVE THE AGENDA. THE MOTION WAS SECONDED BY COMMISSIONER
SEKINGER AND ALL WERE IN FAVOR.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
THERE WERE NONE.
4. BUSINESS ITEMS
4.1. 86 & 95 P OST BOULEVARD / MAJOR D EVELOPMENT PLAN - MCGRADY ACRES ENCLAVE
CONTINUED PUBLIC HEARING – DEVELOPMENT REVIEW OF A TWENTY-FOUR (24) UNIT TOWNHOME
DEVELOPMENT WITH PRIVATE INTERNAL ACCESS DRIVES (PLANNING DIRECTOR MATT PIELSTICKER ).
PUBLIC COMMENTS : BETTE TODD AND GUY ERICKSON COMMENTED ON THE APPLICATION .
ACTION: COMMISSIONER BARNES MOTIONED TO APPROVE THE MAJOR DEVELOPMENT PLAN WITH THE
FOLLOWING FINDINGS AND CONDITIONS :
FINDINGS :
1. THE PROPOSED APPLICATION WAS REVIEWED PURSUANT TO §7.16.080, DEVELOPMENT PLAN,
AND THE DESIGN MEETS THE DEVELOPMENT STANDARDS ESTABLISHED IN THE AVON
DEVELOPMENT CODE;
2. THE APPLICATION IS COMPLETE ;
3. THE APPLICATION PROVIDES SUFFICIENT INFORMATION TO ALLOW TH E 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
MITIGATE D BY THE APPLICATION ; AND
6. THE DESIGN RELATES THE DEVELOPMENT TO THE CHARACTER OF THE SURROUNDING
COMMUNITY .
CONDITIONS :
1. ILCS ARE REQUIRED TO CONFIRM BUILDING HEIGHT .
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2. APPROVAL IS CONTINGENT UPON TOWN COUNCIL APPROVAL OF EMPLOYEE HOUSING
MITIGATION PLAN AND MAJOR SUBDIVISION APPLICATION .
THE MOTION WAS SECONDED BY COMMISSIONER SEKINGER . THE MOTION PASSED WITH A 3-1 VOTE,
WITH COMMISSIONER LANG DISSENTING.
4.2. 86 & 95 P OST BOULEVARD / PRELIMINARY SUBDIVISION (MAJOR) – MCGRADY ACRES ENCLAVE
CONTINUED PUBLIC HEARING –PRELIMINARY SUBDIVISION REVIEW AND RECOMMENDATION TO
TOWN C OUNCIL (PLANNING DIRECTOR M ATT PIELSTICKER ).
PUBLIC COMMENTS : KEDAR GURJAR COMMENTED ON THE APPLICATION .
ACTION: COMMISSIONER LANG MOTIONED TO RECOMMEND TOWN COUNCIL APPROVAL , WITH THE
FINDINGS AND RECOMMENDED CONDITIONS AS FOLLOWS :
FINDINGS :
1. THE PROPOSED APPLICATION WAS REVIEWED PURSUANT TO AVON DEVELOPMENT CODE
§7.16.070, SUBDIVISIONS , AND THE APPLICATION IS IN CONFORMANCE WITH THE APPLICABLE
REVIEW CRITERIA;
2. THE APPLICATION IS COMPLETE ;
3. THE APPLICATION PROVIDES SUFFICIENT INFORMATION TO ALL OW 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. PUBLIC NOTIFICATION REQUIREMENTS HAVE BEEN MET , AND THE PUBLIC HEARING WITH PZC
ON DECEMBER 7, 2021 MEETS REQUIREMENTS OF THE A VON DEVELOPMENT CODE; AND
6. THE DEMAND FOR PUBLIC SERVICES OR INFRASTRUCTURE EXCEEDING CURRENT CAPACITY IS
MITIGATED BY THE APPLICATION ;
CONDITIONS :
1. ABILITY TO SERVE FROM ERWSD AND FINAL UTILITY VERIFICATIONS M UST BE INCLUDED WITH
FINAL SUBDIVISION.
2. PUBLIC IMPROVEMENTS AGREEMENT WILL BE PROVIDED AT FINAL SUBDIVISION.
3. EVIDENCE OF HOMEOWNERS ASSOCIATION CREATION AND ONGOING MAINTENANCE
RESPONSIBILITIES WILL BE DEMONSTRATED AT FINAL SUBDIVISION .
4. PARK LAND DEDICATION REQUIREMENTS WILL BE APPROVED BY TOWN COUNCIL.
5. EASEMENT FOR REALIGNED SIDEWALK MUST BE INCORPORATED WITH FINAL SUBDIVISION .
THE MOTION WAS SECONDED BY COMMISSIONER MACALLISTER AND THE MOTION PASSED
UNANIMOUSLY WITH A 4-0 VOTE.
4.3. 420 W. BC BLVD / MINOR DEVELOPMENT PLAN & ALTERNATIVE EQUIVALENT COMPLIANCE - NORTH
HARRY A. NOTTINGHAM PARK RESTROOMS– PUBLIC HEARING –MINOR DEVELOPMENT PLAN FOR
RESTROOM BUILDING PATH AND LANDSCAPING IMPROVEMENTS (PLANNING DIRECTOR MATT
PIELSTICKER AND PEDRO CAMPOS).
PUBLIC COMMENTS : N ONE.
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AEC21008 ACTION : COMMISSIONER MACALLISTER MOTIONED TO APPROVE THE AEC APPLICATION
WITH THE FOLLOWING FINDINGS :
FINDINGS :.
1. THE PROPOSED APPLICATION WAS REVIEWED PURSUANT TO §7.16.120 ALTERNATIVE EQUIVALENT
COMPLIANCE;
2. THE AEC ACHIEVES THE INTENT OF THE ROOF DESIGN STANDARD TO THE SAME OR BETTER
DEGREE THAN THE SUBJECT STANDARD ;
3. THE AEC ACHIEVES THE GOALS AND POLICIES OF THE AVON COMPREHENSIVE PLAN TO THE SAME
OR BETTER DEGREE THAN THE 4:12 ROOF DESIGN STANDARDS;
4. THE AEC RESULTS IN BENEFITS TO THE COMMUNITY BY LIMITING THE REMOVAL OF VEGETATION ,
PROVIDING ADA ACCESS TO THE PARK , AND LOWERING THE PROMINENCE OF THIS SERVICE
BUIL DING; AND
5. BY LIMITING THE HEIGHT OF THE BUILDING AND PROVIDING A DESIGN THAT INCORPORATES LIVING
“GREEN ” APPEARANCE , THE AEC IMPOSES NO GREATER IMPACTS ON ADJACENT PROPERTIES THAN
WOULD OCCUR THROUGH COMPLIANCE WITH THE SPECIFIC REQUIREMENTS OF THE AVON
DEVELOPMENT CODE.
THE MOTION WAS SECONDED BY COMMISSIONER LANG AND THE MOTION PASSED UNANIMOUSLY WITH
4 -0 VOTE.
MNR21039 ACTION: C OMMISSIONER MACALLISTER MOTIONED TO APPROVE THE MINOR
DEVELOPMENT PLAN WITH THE FOLLOWING FINDINGS :
FINDINGS :
1. THE PROPOSED APPLICATION WAS REVIEWED PURSUANT TO §7.16.080, DEVELOPMENT PLAN,
AND THE DESIGN MEETS THE DEVELOPMENT STANDARDS ESTABLISHED IN THE AVON
DEVELOPMENT CODE;
2. THE APPLICATION IS COMPLETE ;
3. THE APPLICATION PROVIDES SUFFICIENT INFORMATION TO ALLOW TH E 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
MITIGATE D BY THE APPLICATION ; AND
6. THE DESIGN RELATES THE DEVELOPMENT TO THE EMERGING CHARACTER OF HARRY A.
NOTTINGHAM PARK AND THE SURROUNDING COMMUNITY .
THE MOTION WAS SECONDED BY COMMISSIONER LANG AND THE MOTION PASSED UNANIMOUSLY WITH
A 4-0 VOTE.
4.4. 1 LAKE ST. / MAJOR DEVELOPMENT PLAN IN TOWN CORE & ALTERNATIVE EQUIVALENT COMPLIANCE - EAST HARRY A. NOTTINGHAM PARK IMPROVEMENTS–PUBLIC HEARING – MAJOR DEVELOPMENT PLAN FOR
RESTROOM BUILDING, PARKING, AND ASSOCIATED LANDSCAPING IMPROVEMENTS (PLANNING DIRECTOR
MATT PIELSTICKER AND PEDRO CAMPOS).
PUBLIC COMMENTS : N ONE
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AEC21009 ACTION : COMMISSIONER LANG MOTIONED TO RECOMMEND T OWN COUNCIL APPROVAL OF
THE ALTERNATIVE EQUIVALENT COMPLIANCE
FINDINGS :
1. THE PROPOSED APPLICATION WAS REVIEWED PURSUANT TO §7.16.120 ALTERNATIVE
EQUIVALENT COMPLIANCE;
2. THE AEC ACHIEVES THE INTENT OF THE ROOF DESIGN STANDARD TO THE SAME OR BETTER
DEGREE THAN THE SUBJECT STANDARD ;
3. THE AEC ACHIEVES THE GOALS AND POLICIES OF THE A VON COMPREHENSIVE PLAN TO THE SAME
OR BETTER DEGREE THAN THE 4:12 ROOF DESIGN STANDARDS;
4. THE AEC RESULTS IN BENEFITS TO THE COMMUNITY BY LOWERING THE PROMINENCE OF THIS
SERVICE BUILDING ; AND
5. BY LIMITING THE HEIGHT OF THE BUILDING AND PROVIDING A DESIGN THAT INCORPORATES LIVING
“GREEN ” APPEARANCE, THE AEC IMPOSES FEWER IMPACTS ON ADJACENT PROP ERTIES THAN
WOULD OCCUR THROUGH COMPLIANCE WITH THE 3:12 OR 4:12 REQUIREMENTS OF THE AVON
DEVELOPMENT CODE.
THE MOTION PASSED WAS SECONDED BY C OMMISSIONER SEKINGER AND IT PASSED UNANIMOUSLY
WITH 4 -0 VOTE.
MJR21009 ACTION : COMMISSIONER SEKINGER MOTIONED TO RECOMMEND TOWN COUNCIL
APPROVAL OF THE MAJOR DEVELOPMENT PLAN APPLICATION WITH THE FOLLOWING FINDINGS AND
CONDITIONS:
FINDINGS :
1. THE PROPOSED APPLICATION WAS REVIEWED PURSUANT TO §7.16.120 ALTERNATIVE
EQUIVALENT COMPLIANCE;
2. THE AEC ACHIEVES THE INTENT O F THE ROOF DESIGN STANDARD TO THE SAME OR BETTER
DEGREE THAN THE SUBJECT STANDARD ;
3. THE AEC ACHIEVES THE GOALS AND POLICIES OF THE A VON COMPREHENSIVE PLAN TO THE SAME
OR BETTER DEGREE THAN THE 4:12 ROOF DESIGN STANDARDS;
4. THE AEC RESULTS IN BENEFITS TO THE COMMUNITY BY LOWERING THE PROMINENCE OF THIS
SERVICE BUILDING ; AND
5. BY LIMITING THE HEIGHT OF THE BUILDING AND PROVIDING A DESIGN THAT INCORPORATES LIVING
“GREEN ” APPEARANCE, THE AEC IMPOSES FEWER IMPACTS ON ADJACENT PROPERTIES THAN
WOULD OCCUR THROUGH COMPLIANCE WITH THE 3:12 OR 4:12 REQUIREMENTS OF THE AVON
DEVELOPMENT CODE.
CONDITIONS :
1. IRRIGATION PLAN WITH HYDROZONES WILL BE APPROVED BY STAFF .
2. L IGHTING PLAN WILL BE REVIEWED AND APPROVED BY PZC.
THE MOTION PASSED WAS SECONDED BY C OMMISSIONER MACALLISTER AND IT PASSED UNANIMOUSLY
WITH 4 -0 VOTE.
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5. CONSENT AGENDA
5.1. APPROVAL OF MINUTES FROM OCTOBER 5, 2021 PZC MEETING
5.2. APPROVAL OF RECORD OF DECISION FOR 2841 DRAW SPUR, UNIT 3 FENCE / MNR21034 & AEC21007
5.3. APPROVAL OF RECORD OF DECISION FOR COMMUNITY HOUSING PLAN AMENDMENTS / CPA21001
5.4. APPROVAL OF MINUTES FROM DECEMBER 7, 2021 PZC MEETING
ACTION: COMMISSIONER B ARNES MOTIONED TO APPROVE THE CONSENT A GENDA; SECONDED BY
COMMISSIONER L ANG. THE MOTION PASSED UNANIMOUSLY WITH 4-0 VOTE.
6. STAFF UPDATES
• TRACT Y
• SWIFT G ULCH HOUSING
7. ADJOURN
THE MEETING WAS ADJOURNED AT 7:30 PM.
These meeting minutes are only a summary of the proceedings of the meeting. They are not intended to be
comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most
accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office.
APPROVED:
__________________________________
Chairperson
PZC Record of Decision: MJR21008 Page 1 of 1
PLANNING AND ZONING COMMISSION
FINDINGS OF FACT AND RECORD OF DECISION
DATE OF PUBLIC HEARINGS: December 7 & December 21, 2021
TYPE OF APPLICATION: Major Development Plan
PROPERTY LOCATION: 86 & 95 Post Boulevard
FILE NUMBER: MJR21008
APPLICANT: Eagle River Homes, LLC
This Record of Decision is made in accordance with the Avon Development Code §7.16.080(c):
DECISION: Approved
FINDINGS:
1. The proposed application was reviewed pursuant to §7.16.080, Development Plan, and the
design meets the development standards established in the Avon Development Code;
2. The application is complete;
3. The application provides sufficient information to allow the PZC to determine that the application
complies with the relevant review criteria;
4. The application complies with the goals and policies of the Avon Comprehensive Plan;
5. The demand for public services or infrastructure exceeding current capacity is mitigated by the
application; and
6. The design relates the development to the character of the surrounding community.
CONDITIONS:
1. ILCs are required to confirm building height.
2. Approval is contingent upon Town Council approval of Employee Housing Mitigation Plan and
Major Subdivision Application.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:______________________________________ DATE: ___________________
PZC Chairperson
PZC Record of Decision: SUB21006 Page 1 of 1
PLANNING AND ZONING COMMISSION
FINDINGS OF FACT AND RECORD OF DECISION
DATE OF PUBLIC HEARINGS: December 7 & December 21, 2021
TYPE OF APPLICATION: Preliminary Subdivision (Major)
PROPERTY LOCATION: 86 & 95 Post Boulevard
FILE NUMBER: SUB21006
APPLICANT: Eagle River Homes, LLC
This Record of Decision is made in accordance with the Avon Development Code §7.16.080(c):
DECISION: Recommendation for Approval to Avon Town Council.
FINDINGS:
1. The proposed application was reviewed pursuant to Avon Development Code §7.16.070,
Subdivisions, and the application is in conformance with the applicable review criteria;
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. Public notification requirements have been met, and the Public Hearing with PZC on December 7,
2021 meets requirements of the Avon Development Code; and
6. The demand for public services or infrastructure exceeding current capacity is mitigated by the
application;
CONDITIONS:
1. Ability to Serve from ERWSD and final utility verifications must be included with Final
Subdivision.
2. Public Improvements Agreement will be provided at Final Subdivision.
3. Evidence of Homeowners Association creation and ongoing maintenance responsibilities will be
demonstrated at Final Subdivision.
4. Park land dedication requirements will be approved by Town Council.
5. Easement for realigned sidewalk must be incorporated with Final Subdivision.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:______________________________________ DATE: ___________________
PZC Chairperson
PZC Record of Decision: AEC21008 & MNR21039 Page 1 of 1
PLANNING AND ZONING COMMISSION
FINDINGS OF FACT AND RECORD OF DECISION
DATE OF PUBLIC HEARING: December 21, 2021
TYPE OF APPLICATIONS: Alternative Equivalent Compliance / Minor Development Plan
PROPERTY LOCATION: 420 W. Beaver Creek Boulevard
FILE NUMBER: MNR21039 / AEC21008
APPLICANT: Town of Avon
This Record of Decision is made in accordance with the Avon Development Code §7.16.080(c):
DECISION ON AEC21008 Approved with the following findings:
FINDINGS:
1. The proposed application was reviewed pursuant to §7.16.120 Alternative Equivalent Compliance;
2. The AEC achieves the intent of the roof design standard to the same or better degree than the
subject standard;
3. The AEC achieves the goals and policies of the Avon Comprehensive Plan to the same or better
degree than the 4:12 roof design standards;
4. The AEC results in benefits to the community by limiting the removal of vegetation, providing ADA
access to the park, and lowering the prominence of this service building; and
5. By limiting the height of the building and providing a design that incorporates living “green”
appearance, the AEC imposes no greater impacts on adjacent properties than would occur through
compliance with the specific requirements of the Avon Development Code.
DECISION ON MNR21039 Approved with the following findings:
FINDINGS:
1. The proposed application was reviewed pursuant to §7.16.080, Development Plan, and the design
meets the development 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 emerging character of Harry A. Nottingham Park and
the surrounding community.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:______________________________________ DATE: ___________________
PZC Chairperson
PZC Record of Decision: AEC21009 & MJR21009 Page 1 of 1
PLANNING AND ZONING COMMISSION
FINDINGS OF FACT AND RECORD OF DECISION AND RECOMMENDATION
DATE OF PUBLIC HEARING: December 21, 2021
TYPE OF APPLICATIONS: Alternative Equivalent Compliance / Major Development Plan
PROPERTY LOCATION: One Lake Street
FILE NUMBER: MNR21039 / AEC21008
APPLICANT: Town of Avon
This Record of Decision is made in accordance with the Avon Development Code §7.16.080(c):
RECOMMENDATION ON AEC21009 Recommendation for Town Council approval with following findings:
FINDINGS:
1. The proposed application was reviewed pursuant to §7.16.120 Alternative Equivalent Compliance;
2. The AEC achieves the intent of the roof design standard to the same or better degree than the
subject standard;
3. The AEC achieves the goals and policies of the Avon Comprehensive Plan to the same or better
degree than the 4:12 roof design standards;
4. The AEC results in benefits to the community by lowering the prominence of this service building;
and
5. By limiting the height of the building and providing a design that incorporates living “green”
appearance, the AEC imposes fewer impacts on adjacent properties than would occur through
compliance with the 3:12 or 4:12 requirements of the Avon Development Code.
RECOMMENDATION ON MJR21009 Recommendation for Town Council approval with the following
findings and conditions:
FINDINGS:
1. The proposed application was reviewed pursuant to §7.16.120 Alternative Equivalent Compliance;
2. The AEC achieves the intent of the roof design standard to the same or better degree than the
subject standard;
3. The AEC achieves the goals and policies of the Avon Comprehensive Plan to the same or better
degree than the 4:12 roof design standards;
4. The AEC results in benefits to the community by lowering the prominence of this service building;
and
5. By limiting the height of the building and providing a design that incorporates living “green”
appearance, the AEC imposes fewer impacts on adjacent properties than would occur through
compliance with the 3:12 or 4:12 requirements of the Avon Development Code.
CONDITIONS:
1. Irrigation plan with hydrozones will be approved by staff.
2. Lighting plan will be reviewed and approved by PZC.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:______________________________________ DATE: __________________