PZC Packet 121603Town of Avon
Planning & Zoning Commission
Site Tour
December 16th, 2003
12:00 PM
Town of Avon Municipal Building
400 Benchmark Road
I. AGENDA
A. Lot 6, McGrady Acres
86 Post Boulevard
B. Lot 28, Block 3, Wildridge Subdivision
4491 Wildridge Road West
C. Lot 40, Block 3, Wildridge Subdivision
4540 Flat Point
Please meet at the Community Development Department Conference
Room.
Posted on December 12", 2003 at the following public places within the Town of Avon:
• Avon Municipal Building, main lobby
• Avon Recreation Center, main lobby
• Alpine Bank, main lobby
• City Market, main lobbv
Town of Avon
Planning & Zoning Commission
Work Session
December 16th, 2003
5:30 PM
Council Chambers
Town of Avon Municipal Building
400 Benchmark Road
I. AGENDA
A. Discussion of regular meeting agenda items.
Estimated Times for each agenda item are shown for
informational purposes only, and subject to change without
notice.
Posted on December 12", 2003 at the following public places within the Town of Avon:
• Avon Municipal Building, main lobby
• Avon Recreation Center, main lobby
• Alpine Bank, main lobby
• City Market, main lobbv
Town of Avon
Planning & Zoning Commission
Regular Meeting
December 16th, 2003
6:00 PM
Council Chambers
Town of Avon Municipal Building
400 Benchmark Road
AGENDA
I. Call to Order (6:00pm)
II. Roll Call
III. Additions and Amendments to the Agenda
IV. Conflicts of Interest
V. Consent Agenda
Approval of the November 18th, 2003 Planning & Zoning Commission
Meeting Minutes [Tab 1 ]
PUBLIC HEARING (6:05pm — 6:15pm)
VI. Special Review Use Applications
A. Drive-thru Bank
Lot 6, McGrady Acres Subdivision
86 Post Boulevard
Resolution No. 03-19
Applicant: Edinburgh Corporation [Tab 2]
Posted on December 12'n, 2003 at the following public places within the Town of Avon:
• Avon Municipal Building, main lobby
• Avon Recreation Center, main lobby
• Alpine Bank, main lobby
• City Market, main lobbv
Edinburgh Corporation is proposing a drive-thru facility on Post Boulevard
for a bank. A bank drive-thru facility is the subject of this review and permit
application, not the actual bank (which is a use by right in this zone district).
Access to the site is from Post Boulevard. Staff has requested that the
Application be tabled to a subsequent meeting.
B. Planned Unit Development Amendment
Lot 61, Block 2. Benchmark at Beaver Creek Subdivision
0075 Benchmark Road
Project Type: PUD Request
Applicant: Michael Hazard [Tab 3]
This is a PUD Amendment to the existing lot 61 PUD to establish new
development rights that conform to the recommendations of the Town
Center Plan and locate an expanded Town Transit Center on this site.
Staff has requested that the Application be tabled to a subsequent meeting.
PUBLIC HEARING CLOSED
VII. Minor Projects (6:15pm — 7:00pm)
A. Lot 40, Block. 3, Wildridge Subdivision
4540 Flat Point
Accent Lighting
Applicant/Owner: Mike Farr [Tab 4]
Staff has received this Minor Project application for the addition of accent
lights on a newly constructed Flat Point single-family residence. The
proposed lighting was not part of the original design approval. The
application proposes 17 "accent" lights in total, with lights on every
elevation of the home.
B. Lot 28, Block 3, Wildridge Subdivision
4491 Wildridge Road West
Fencing
Applicant/Owner: Marjorie J. Marks [Tab 51
The applicant is proposing a four to six foot high green mesh fence to keep
deer off her property. The fence has already been installed, and staff has
asked that she fill out this application since all fences require specific
approval by the Planning and Zoning Commission. The fence does not
appear to comply with the Town guidelines.
Posted on December 12"', 2003 at the following public places within the Town of Avon:
• Avon Municipal Building, main lobby
• Avon Recreation Center, main lobby
• Alpine Bank, main lobby
• City Market, main lobbv
Vill. Sign Applications (7:00pm — 7:15pm)
A. Tract B-1, Block 2, Benchmark at Beaver Creek Subdivision
220 Beaver Creek Place
Gart Sports Balloons and pennant line
Applicant: Mark Johns, Sports Authority — Approved
B. Lot 72, Block 2, Benchmark at Beaver Creek Subdivision
110 E. Beaver Creek Boulevard
Beaver Liquors Temporary Banner
Applicant: David Courtney — Approved
C. Tract B-2, Block 2, Benchmark at Beaver Creek Subdivision
Building D, 230 Chapel Place
The Board Room sandwich board sign
Applicant: Matt Bryan — Denied
XI. Other Business (7:15pm — 7:45pm)
A. Approval of the 2004 Planning & Zoning Commission Meeting
Schedule [Tab 6]
B. Proposed Lighting Ordinance Timeline [Tab 7]
Staff has set this timeline for a potential new lighting ordinance to be
adopted by Town Council. This ordinance will be drafted with the
assistance of the Commission, staff, residents of Avon, and there will be
numerous chances for public input during Public Hearings.
X. Adjourn (7:45pm)
Posted on December 12"', 2003 at the following public places within the Town of Avon:
• Avon Municipal Building, main lobby
• Avon Recreation Center, main lobby
• Alpine Bank, main lobby
• City Market, main lobby
Staff Report
PUD
HEART of the VALLEY
C O L 0 R A D 0
December 16, 2003 Planning & Zoning Commission meeting
Report date December 10, 2003
Project type Lot 61 PUD
Legal description Lot 61, Block 2, Benchmark at Beaver Creek
Subdivision
Current zoning Planned Unit Development
Address 75 Benchmark Road
Introduction
The purpose of the Lot 61 PUD 2004 (herein referred to as "Lot 61 PUD") is to formalize the
new building area, including development standards for Lot 61 and the corresponding road
alignments and transit center. The PUD for Lot 61 has been extended twice to allow time to
evaluate development opportunities for implementation of the Town Center Plan between the
Town and the developer. The current Lot 61 PUD is valid until February 3, 2004.
The most significant elements contained in the new development plan benefiting the Town are as
follows:
• 50'0" right-of-way dedication for the new Benchmark Road alignment to the Town of
Avon.
• Transit center to accommodate five (5) buses at a time with a 300 sq.ft.
administrative/visitor center.
• Enhanced pedestrian and vehicular circulation.
• Implementation of significant master plan concepts of the Town Center Plan.
In exchange, Lot 61 is receiving the following:
• Timeshare as a use -by -right.
• Increased building height, setbacks, site coverage, and density.
The history of the zoning approval for Lot 61, Block 2, BMBC submitted by the developer,
IDG3 LLC is as follows:
1978 Lot 61 zoned Town Center.
1991 Town Center zoning modified.
1999 Lot 61 applied for PUD zoning as set forth in Ordinance 99-16 (July 27, 1999)
which had a 3-year approval.
2002 Town Center Implementation Plan was adopted on January 8, 2001 (Resolution
02-01).
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004
December 16, 2003 Planning & Zoning Commission meeting Page 2 of 8
2002 PUD extension for a 6-month time period was granted to explore planning and
development of the Town Center Plan on July 23, 2002 (Ordinance 02-17)_
2003 In January, a PUD extension for one year was granted to allow the developer time
to pursue implementation of the Town Center Plan on January 28, 2003
(Ordinance 03-01).
2003 In July, Council authorized funds be allocated to begin initial studies for the new
property boundaries and road alignment.
Over the past few months, staff has met with the developer and its representatives, including the
Community Development Committee to arrive at a development plan that includes the
implementation of the Town Center Plan in accordance with the existing PUD approval. The
development plan includes a new transit center that accommodates up to five (5) busies,
preserving pedestrian connections with the Confluence, and a new 50'0" right of way for
Benchmark Road.
On December 9, 2003 Town Council reviewed the initial fiscal analysis of the Lot 6.1
development agreement prepared by Stan Bernstein, the Town's financial consultant_ Of utmost
importance was the implication of timeshare as a use -by -right, including the imposition of a
recreational amenity fee to offset the impact of timeshare units. Council endorsed moving
forward with the process, including the refinement of the financial model to reflect the
contemplated land entitlements.
PUD Design Criteria
According to the Town of Avon Zoning Code, Section 17.20.110, the following shall be used as
the principal criteria in evaluating a PUD. It shall be the burden of the applicant to demonstrate
that submittal material and the proposed development plan comply with each of the following
design criteria, or demonstrate that one or more of them is not applicable, or that a particular
development solution is consistent with the public interest.
1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives.
The proposed PUD now complies with the Town Center Plan and conforms to the following
goals and polices of the Town Comprehensive Plan:
Policy Al .3 Flexible zoning such as PUD should be encouraged where it results in
more effective use of land
The planning process with staff and the developer for Lot 61 rs a new
process for the Town and incorporates flexible zoning to benefit both
public and private sectors.
PolicyA3.5 Since undeveloped land in the Town Center is scarce, it will be developed
at higher density, included vertically integrated mix of commercial and
residential uses, and rely primarily on underground and/or structured
parking
The underground parking structure for this project extends under the
Town right of way to allow for more parking and does not preclude the
opportunity for a private/public partnership for parking improvements and
includes a higher density mixed —use development.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004
December 16, 2003 Planning & Zoning Commission meeting Page 3 of 8
Goal B1 Enhance the Town's role as a principal, year-round residential community
and regional commercial center
This development plan will help vitalize Town Center with a more efcientt
transit hub to encourage year-round use of mass transit and pedestrian
circulation for its citizens, which is further reinforced by the following
policy B1.2.
Policy B1.2 Commercial areas will be supported through creation and maintenance of
effective vehicle access and parking, transit services, all -season pedestrian
and non -motorized vehicle access, and consistent application of design
standards
Goal B2 Establish the Town Center Area as an inviting, vibrant and safe -pedestrian
oriented cultural, retail and entertainment hub
The purpose of the Town Center Plan is to further enhance a vibrant hub
in Town Center, which has been implemented in the Lot 61 development
plan.
Policy B2.2 Encourage a range of uses in the Town Center, including retail, offices,
hotels, recreation, tourism, and entertainment
The Lot 61 development plan will include a range of uses and special
review uses.
Policy B2.4 Encourage joint development of structured parking, pedestrian and
landscape improvements, and promotion of activities and events in the
Town Center
This is a joint development, which benefits both the developer and the
Town to help synergize Town Center.
Policy B3.2 Promote effective transit and access with Beaver Creek and Arrowhead.
Resorts, including gondola connections, trails, and pedestrian connections
The revised property lines and pedestrian connections will promote transdt
and access to include potential opportunities for accessing the Confluencre
site and gondola.
Policy E 1.6 All new development and redevelopment should include or otherwise
provide for effective transit, pedestrian and bicycle facilities
This new development plan includes plans for effective transit, and
enhances pedestrian circulation.
Polic�E2.1 Joint development of a structured parking facility in Town Center to
support private and public uses should be pursued to the extent possible
The joint planning for Lot 61 includes structured parking on the Town
right-of-way and does not preclude the potential for a shared parking
facility. At a minimum, the Town and developer are moving forward in a
joint effort to support Town Center development.
Goal E3 Promote the development of an enhanced transit system for the Town
Town of Avon Community Development (970) 748-4030 Fax (970) 949-57,49
Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004
December 16, 2003 Planning & Zoning Commission meeting Page 4 of 8
The revised transit plan accommodates more buses and will improve the
effectiveness of mass transit in the Town
Policy E3.2 Maintain the existing regional and Town -wide bus system, and enhance as
necessary to provide services to the community as it grows
The new transit hub contained on the Lot 61 development plan
accommodates the existing service demands for the ECO bus system as
well as the Town -wide system.
2. Conformity and compliance with the overall design theme of the town, the sub -area
design recommendations and design guidelines of the Town.
The development plan for Lot 61 is limited in scope and defines building setback, density,
heights and new property boundaries. The conditions of approval for the PUD include the
requirement that a site -specific development plan be submitted in accordance with Section
17.20.110, Avon Municipal Code. In addition, design guidelines must be submitted and
approved by the Planning & Zoning Commission for this project to ensure compliance with
more restrictive design standards of the Town Center Plan.
3. Design compatibility with the immediate environment, neighborhood, and adjacent
properties relative to architectural design, scale, bulk, building height, buffer zones,
character, and orientation.
The new property boundaries for Lot 61 include criteria established in the Town Center Plan,
such as 10'0" minimum sidewalks, new Benchmark Road alignment, requirements for
stepping the building as it increases in height, clearances to accommodate a transit center
while maintaining effective pedestrian movement in exchange for increased height, new
development standards, and effective orientation on the site.
4. Uses, activity, and density provide a compatible, efficient, and workable relationship
with surrounding uses and activity.
The new development standards for this mixed -use project combined with the new transit
center will enhance the vitality and efficiency of Town Center.
5. Identification and mitigation or avoidance of natural and/or geologic hazards that
affect the property upon which the PUD is proposed.
There are no known Matural and/or geologic hazards on Lot 61 at this time. A Subdivision
Improvement Agreement will be required to ensure there are no unforeseen natural or
geologic hazards, specifically at it related to infrastructure improvements such as water,
sewer, and/or drainage associated with this development.
6. Site plan, building design and location and open space provisions designed to produce a
functional development responsive and sensitive to natural features, vegetation and
overall aesthetic quality of the community.
The proposed development plan for Lot 61 is more responsive to improving the aesthetic
quality of Town Center. The building design will be further clarified through specific design
review guidelines, the site -specific development plan process, and design review by Itbe
Planning & Zoning Commission.
Town of Avon Community Development (970) 748-4030 Fax (9TO) 949-5749
Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004
December 16, 2003 Planning & Zoning Commission meeting Page 5 of 8
7. A circulation system designed for both vehicles and pedestrians addressing on and off
site traffic circulation that is compatible with the Town Transportation Plan.
The Town Center Plan and the Town Transportation Plan have been considered and
implemented in this development plan and improves the circulation for pedestrians, mass
transit, and vehicular circulation.
8. Functional and aesthetic landscaping and open space in order to optimize and preserve
natural features, recreation, views and function.
Specific provisions for allowing the building to encroach onto Town right-of-way and in
other areas to step back from pedestrian ways have been carefully considered and
implemented with this development plan to optimize and preserve views and overall
function.
9. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient
relationship throughout the development of the PUD. The phasing plan shall clearly
1
demonstrate that each phase can be workable, functional and efficient without relying
upon completion of future project phases.
There is no phasing plan proposed by this PUD. There will be timing requirements suet forth
in the development agreement to allow the developer and/or the Town time to exercise their
rights for construction.
10. Adequacy of public services such as sewer, water, schools, transportation systems,
roads, parks, and police and fire protection.
IDG3 LLC will be responsible acquisition of additional water rights and their subsequent
dedication to the Town if needed to amend the Town's Augmentation Plan. In addition, she
developer will be responsible for capital and operating cost of additional transit, police, and
fire protection services associated with the impacts from Lot 61.
11. That the existing streets and roads are suitable and adequate to carry anticipated
traffic within the proposed PUD and in the vicinity of the proposed PUD.
The new 50'0" road right-of-way alignment and transit center provisions improve the overall
adequacy and carrying capacity of Town Center.
12. Development Standards
The Development Standards including lot area, site dimensions, setbacks, height, density
control, site coverage, landscaping and parking are being modified with this proposal and are
proposed as follows:
a. Uses by -rim
■ Retail stores
■ Specialty shops
■ Restaurants, excluding drive-thru windows
■ Cocktail lounges
■ Personal service shops
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004
December 16, 2003 Planning & Zoning Commission meeting Page 6 of 8
■ Timeshare, interval ownership, and fractional fee ownership above grade
with the condition that recreational amenity fees are paid — the terms and
conditions of which will be negotiated with the development agreement.
Staff recommends a minimum of 125-timeshare, interval ownership, or
fractional fees units with a minimum of 900 sq. ft. each to comply with the
premise of the financial analysis.
■ A minimum of 17,000 sq.ft of commercial space at grade level
■ Professional offices on grade. Staff does not support professional office at
grade level and recommend this be limited to a special review use.
Professional offices on the mall level limit the economic vitality of Town
Center, invalidate the financial model as contemplated, and should be
specifically reviewed by the Planning & Zoning Commission.
■ Hotel on floors above grade
■ Lodges on floors above grade
■ Apartments on floors above grade
■ Condominiums on floors above grade
■ Indoor recreation and/or entertainment facilities
■ Theaters
■ Bed & Breakfast on floors above grade. This use is not appropriate in
Town Center and should be deleted.
■ Public transportation facilities including 300 S.F. transit/administrative
office at grade, immediately adjacent to transit center
■ Public parking facilities
■ Additional uses determined to be similar to allowed uses in accordance
with the intent of the zone district
b. Special Review Uses:
Conference/convention facilities
Above ground public utility installations
Residential and accommodation units at grade
This use is not appropriate, even as a special review use, and conflicts with
the recommendations of the Town Center Implementation Plan.
Medical Facilities
Financial Institutions
c. Development Standards
Lot Area 1.07 Acres
Projections such as columns, roofs, unenclosed floors and decks may
encroach into setbacks and/or right of ways with specific Town of
Avon design review approval
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004
December 16, 2003 Planning & Zoning Commission meeting Page 7 of 8
Building Height A height, as defined by The Town of Avon Title 17,
Chapter 17.08, Section 160, of 108.5'. This height
shall be to the top of roof structures over enclosed,
habitable space. Elevator penthouses, chimneys,
parapets and similar appurtenances shall be allowed
to exceed this datum
Maximum site coverage: Ninety Percent 90%
Density:
Commercial: A minimum of 17,000 square feet
Residential: One Hundred Seventy Five (175) Dwelling Units or
200 accommodation units with a maximum of 187,500 gross
residential square feet.
d. Landscape/Hardscape Coverage
e. Parking:
Commercial:
1. Residential
2. Guest:
Maximum coverage shall be 10%
4 spaces/1,000 x .85 (mixed use reductions)
1 space/unit x .85 (mixed use reduction)
Per Town Center standards
Staff recommends all parking comply with the Avon Municipal Code, which would
allow for a mixed -use reduction. Based upon the lack of detail and information on
the current development plan, staff does not support any additional parking
reduction other than the provisions provided for under the existing parking
standards.
f. Provisions for stepping back the building as it increases in height
Staff Comments & Recommendation
Staff recommends tabling of the Lot 61 PUD until technical corrections on the development plan
are addressed and issues associated with the development rights are resolved. Some of the
outstanding conditions are as follows:
The issue of vested rights remains unresolved. In order to create vested rights under
the state statutes and Avon Municipal Code, vested rights only occur with the
approval of a site -specific development plan. The Lot 61 development plan anust be
limited for vesting purposes only with specific provision for ensuring the complete
PUD planning process is completed prior to commencement of any development.
The Town has historically addressed this issue within the confines of the development
plan and development agreement. This must be addressed prior to recommendation
of the Lot 61 PUD Council for approval.
2. The new Benchmark Road alignment (50'0" Benchmark Court Right -of Way) must
be conveyed by subdivision plat prior to approval of the Lot 61 PUD.
3. Finalizing the minimum amount of timeshare units, the size of the units, and
corresponding recreational amenity fees to conform to the financial analysis.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004
December 16, 2003 Planning & Zoning Commission meeting Page 8 of 8
4. A requirement that the developer will be responsible for the acquisition of additional
water rights and their subsequent dedication to the Town if necessary to amend the
Town's Augmentation Plan.
5. A requirement that the developer will be responsible for capital and operating costs of
transit, police, and fire protection services associated with the impacts of
development on Lot 61.
6. Professional offices at grade invalidate the financial model as currently contemplated
and should be removed at this time.
7. All parking comply with the Avon Municipal Code.
8. Failure to develop and obtain approval of said site -specific development plan by
January 31, 2012 shall automatically terminate these development standards and
conditions. Upon termination, the development rights, standards and conditions set
forth in the Lot 61 PUD plan shall expire and revert to the development rights,
standards and conditions as set forth in the TC (Town Center) Zone District per Title
17 of the Avon Municipal Code.
9. This PUD is.contingent upon a valid Development Agreement between IDG3 LLC
and the Town of Avon being approved.
10. Specific design review guidelines will be required for Lot 61 to address specific
design criteria for Town Center.
11. Timing requirements for addressing the election of improvements by either the Town
or the developer.
Recommended Motion
"I hereby recommend tabling of the Lot 61 PUD to allow more time to develop a complete
development plan for approval."
If you have any questions regarding this project or any planning matter, please call me at 748-
4030, or stop by the Community Development Department.
Respectfull ! ,
uth O. Borne, Director
Community Development
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Minutes of Planning and Zoning Commission
November 18, 2003
Council Chambers
Town of Avon Municipal Building
400 Benchmark Road
I. Call to Order
The meeting was called to order at 6:05 pm.
II. Roll Call
All Commissioners were present.
III. Additions and Amendments to the Agenda
There are no additions or amendments to the Agenda.
IV. Conflicts of Interest
Commissioner Neville disclosed a conflict with item VI, A, Confluence Overflow
Parking, The Confluence PUD, Avon Road, Resolution No. 03-18, Applicant:
Beaver Creek Resort Company and item VII, A, Lot 26/27/28, Block 1,
Benchmark at Beaver Creek Subdivision, 910 Nottingham Road, Resolution No.
03-20, Applicant: Vail Resorts/Mark Donaldson. Commissioner Him disclosed a
conflict with item VII, A, Lot 26/27/28, Block 1, Benchmark at Beaver Creek
Subdivision, 910 Nottingham Road, Resolution No. 03-20, Applicant: Vail
Resorts/Mark Donaldson. Commissioner Evans revealed a potential conflict with
item VIII, A, Lot 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision, 910
Nottingham Road, Resolution No. 03-20, Applicant: Vail Resorts/Mark
Donaldson, and by advisement of Town Attorney, John Dunn, no conflict exists
as no work is being performed. Commissioner Evans later revealed a conflict
with item VI, A, Confluence Overflow Parking, The Confluence PUD, Avon Road,
Resolution No. 03-18, Applicant: Beaver Creek Resort Company.
V. Consent Agenda
Commissioner Karow motioned for the approval of the Meeting Minutes from the
October 21, 2003, Planning & Zoning Commission Meeting. Commissioner
Smith seconded the motion. The motion passed unanimously with
Commissioner Evans abstaining.
PUBLIC HEARING
VI. Special Review Use Application
A. Confluence Overflow Parking
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The Confluence PUD
Avon Road
Resolution No. 03-18
Applicant: Beaver Creek Resort Company
Beaver Creek Resort Company is proposing to use the Confluence site for
overflow parking for Beaver Creek Resort. The permit would allow for up to 400
vehicles once all other overflow parking options are utilized. Matt Pielsticker
presented the Staff Report.
Jim Funk approached the podium to answer questions. Muddy conditions were
addressed and will be addressed as needed; he feels that this lot is primarily for
back up so as to prevent parking on the shoulders of Highway 6 when skier lots
are full and that the State Patrol will be monitoring Highway 6. Mr. Funk does not
anticipate putting in more lights and believed lights would be off around 8:00 pm.
Commissioner Didier asked about the rodeo and its impact on traffic as well as
the longevity of this plan. Mr. Funk responded with the traffic's ability to work
well and the longevity is unknown.
PUBLIC HEARING OPENS
Kathleen Walsh approached the podium with concerns of the traffic against the
Hurd Lane intersection. Dates of use were specifically addressed.
PUBLIC HEARING CLOSED
Commissioner Him motioned to approve Confluence Overflow Parking, The
Confluence PUD, Avon Road, Resolution No. 03-18, with Commissioner Smith
seconding. Motion carries unanimously with Commissioners Evans and Neville
abstaining.
B. Drive-thru Bank
Lot 6, McGrady Acres Subdivision
86 Post Boulevard
Resolution No. 03-19
Applicant: Edinburgh Corporation
Edinburgh Corporation is proposing a drive-thru facility on Post Boulevard for a
bank. A bank drive-thru facility is the subject of this permit application, not the
actual bank (which is a use by right in this zone district). Access to the site is
from Post Boulevard
Matt Pielsticker presented the Staff Report. Staff recommended this issue be
tabled for the next meeting. Applicant is in agreement with the tabling.
PUBLIC HEARING OPENS
FAPlanning & Zoning Commission\Minutes\2003\111803.doc
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Carol Krueger approached the podium and is a resident of Eaglebend. She is
opposed to commercial being on this site. She understands that it is a use by
right and is pleased with the use of a bank for this site but is concerned with the
impacts of noise and light on the adjacent neighborhood with the drive-thru bays.
Kristy Ferrara came to the podium and wanted to voice the minimizing of
commercial use on the site. Kathleen Walsh added that the berm has not been
added to the cul-de-sac site as promised and wished that landscaping be used to
facilitate the issue of lights. Peter Buckley gave history on the site regarding
residential/commercial on the site as a concession for the dead end on
Eaglebend Drive. Carol Krueger did not want to dispute the comments by Mr.
Buckley, however, she wanted to take issue as the end of the street is
commercial and only benefited the developer. Kathleen Walsh did dispute Mr.
Buckley's comment and commercial was going in and the cul-de-sac was
compromised.
PUBLIC HEARING CLOSED
Commissioner Smith made motion to table Drive-thru Bank, Lot 6, McGrady
Acres Subdivision, 86 Post Boulevard, Resolution No. 03-19, until such time as
the application is complete. Commissioner Didier seconded the motion and the
motion passed with all commissioners in favor for tabling this issue until the
Application is complete.
VII. Variance Application
A. Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision
910 Nottingham Road
Resolution No. 03-20
Applicant: Vail Resorts/Mark Donaldson
This is a variance request from the Town's off-street parking and off-street
loading regulations. Section 17.24.020.1 of Town Code states "off street parking
spaces, including the adjacent area used for turning movements necessary to
enter or leave the parking spaces... may be located in any yard except the front
ten feet of the required front yards." Section 17.24.030.3 of Town Code states
"...loading berths shall be designed with appropriate means of vehicular access
to a street or alley in a manner which will least interfere with traffic movement." A
newly configured loading dock is proposed in a separate design application, with
access and turning movements that would encroach the front yard and partly into
the existing traffic lane of Nottingham Road.
Tambi Katieb presented the Staff Report to the Commission reviewing all staff
comments in detail. Staff Recommendations were: "I move to approve
Resolution 03-20, denying the Variance for Lots 26/27/28, Block 1, Benchmark at
Beaver Creek Subdivision (Mountain Center) from the requirements of Section
17.24.020.1 and Section 17.24.030.3 of the Town Zoning Code (as more
specifically described in the application dated November 5, 2003) based on staff
recommendations and according to Section 17.36.050 of the Avon Municipal
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Code, that the Planning & Zoning Commission cannot make the following written
findings before granting a variance:
A. 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;
B. That the granting of the variance will not be detrimental to the public
health, safety or welfare, or materially injurious to properties of improvements in
the vicinity;
C. That the variance is warranted for one or more of the following reasons:
1. The strict, literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of this title;
2. 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;
3. The strict or literal interpretation and enforcement of the specified
regulation deprive the applicant of privileges enjoyed by the owners of other
properties in the same district."
Commissioner Trueblood questioned Norm Wood, Town Engineer, regarding
traffic analysis and the impact of additional trucks in the location. Mr. Wood
believed the capacity on Nottingham Road is approaching maximum capacity
without the impact of additional truck traffic in the area. Commissioner Karow
asked Mr. Wood regarding the size of the trucks in these studies as well as the
frequency of traffic analysis done of the area. Mr. Wood responded that the
traffic analysis is done on a biannual basis and does not take into account the
inclusion of anticipated large trucks. Commissioner Didier asked Mr. Wood to
define level C and level D as discussed in the analysis whereby how long it takes
at a traffic intersection to complete the intersection.
Commissioner Karow asked about the size of truck that would impact this loading
area and Mr. Wood responded that most trucks that provide major deliveries, run
1-70 and make deliveries to City Market, Wal-Mart and Home Depot are the WB-
67. Mr. Wood responded that this location should accommodate this size of
vehicle although there are no ordinances mandating the vehicle size at this time.
Commissioner Karow asked if accommodating a WB-67 is a specification and
Mr. Wood responded that there are no specifications or standards but it is a
recommendation of the Engineering Department.
Chairman Evans gave clarification of this Variance request. Tambi Katieb
elaborated that it is for two different sections of the code; 1) it is for the truck
movement in the Town's Right of Way and in the front ten feet, or front yard, of
the property, and, 2) it is also for the design that would least interfere with traffic.
Mark Donaldson approached the podium to discuss the issue for his client, Vail
Resorts. He discussed how the design was based on an analysis of use. The
FAPIanning & Zoning Commission\Minutes\2003\111803.doc
Page 4 of 9
three models of truck turning maneuvers presented were designed for WB-55, 62
and 67 trucks. He mentioned the truck sizes are not that which would be using
the facility and noted that it would be the smaller truck that would serve this site.
The Variance issues he addressed was the off street loading and to provide a
more appropriate means of access which least interfered with traffic and met
Engineering Department standards. One truck per hour on a 24-hour schedule
was foreseen with trucks being 54' or under. Approval for the concept of riding
westbound on Nottingham Road, turn completely off the driving surface, in a
single simple maneuver and head into this driving safe zone were the request.
Commissioner Smith questioned the number of trucks coming in bound as well
as the number going outbound removing the delivered product. Rick Sackbauer,
Vail Resorts Development Company, anticipated 4 smaller sized trucks would be
moving product away from the site. He stated that the product was for food
service operations on the mountain. Facility is to provide support for Beaver
Creek Mountain operations. Mark Donaldson stated that 2 loading docks were
desired and three are being requested to maximize service. Trucks would be
out of the road for maneuvering.
OPEN PUBLIC HEARING
Dr. Doug Bryant, Avon Pet Center and Wildridge Resident, approached the
podium. He has witnessed improper truck maneuvering with the human element
of driving and safety would be a problem at this site. Peter Buckley approached
the podium in his capacity as a citizen. As his background as an engineer, he
believes that at the end of a dead end road to have a loading area would be a
huge issue. He thinks this should be relocated to a more viable site. Rick
Sackbauer returned to the podium to address Mr. Buckley's comment of why this
is to be located in this location. He directed Mr. Buckley to question the food
service division of Beaver Creek Resort for further location and delivery
information.
PUBLIC HEARING CLOSED
Commissioner Didier questioned Glenn Palmer, Alpine Engineering, on the
design of the site and it's reasoning. He discussed the limitations of the site and
that it is designed with WB 67 in mind so that smaller carriers would have greater
maneuverability. It is also designed to minimize the use of the cul-de-sac by the
trucks for turning around and this would minimize the impact on Nottingham
Road. Having the loading docks in the middle optimizes the use of the
warehouses for breakdown of product for redistribution. Simulation of WB 67
trucks forward and backup turning capabilities was used in the design.
Commissioner Trueblood believed that the proposed loading area on a current
cul-de-sac makes sense and he didn't have the same concerns as those of staff.
Commissioner Didier felt it is compatible with its location, landscaping does need
F:\Planning & Zoning Commission\Minutes\2003\111803.doc
Page 5 of 9
to be addressed and his difficulty with granting a variance was he felt a better
way may be available. Commissioner Karow stated that backing into the road
would be unregulated, provided for greater safety on the road but was not
convinced that the WB 67's would not be backing into the road and affecting
public safety. Commissioner Karow does not believe that adjacent owners are
afforded the same privileges however he believes it is good for the building but
does not fully address public safety. Commissioner Smith voiced concern with
traffic safety on the public road and that truck traffic will increase beyond the
stated requirements for this Variance and a better solution may be available.
Chairman Evans does not believe that the criteria were totally met by this design
for a Variance. He would prefer to approve a design along these lines by moving
the site more to north with a better solution for safety and lack of encroachment
into the roadway. Chairman Evans mentioned the parking ratios and felt the
truck unloading may be best resolved by forward motion with backing into a
covered loading area and completing the circle by re-entrance into Nottingham.
Mark Donaldson re -approached the podium to address the concerns voiced by
the commissioners. He could elevate, strip and landscape to accommodate the
site. He is concerned that an $11 million dollar building is not used appropriately.
Glenn Palmer interjected that the cul-de-sac creates a clockwise turning area.
With some modifications to the submitted proposal, there may be a better
solution to examine. Staff will avail themselves to the applicant to review
alternatives if the applicant so chooses. Variance requirements need to be met
and a safety solution is necessary as the impact of traffic increases.
Staff suggested that the applicant review alternatives such as separation of the
lane, moving the wall back further, and clarification on parking for support of the
variance. These issues were the same reviewed by staff and how effective this
alternative is and how can it be modified. It may best benefit the applicant as
opposed to seeking denial of the Variance as presented.
Mark Donaldson requested the tabling this variance with conditions as follows:
Staff would avail themselves to the applicant's engineers immediately this week
or early next week so as to be ready to the next meeting and work with the time
constraints already imposed on the applicant. Commissioner Trueblood
motioned to table this Variance Application, Lots 26/27/28, Block 1, Benchmark
at Beaver Creek Subdivision, 910 Nottingham Road, Resolution No. 03-20, with
Commissioner Didier seconding the motion. Staff brought to light that a complete
application should be required. Commissioner Trueblood withdrew the motion.
Commissioner Didier moved to table this Variance until such time as the
applicant and the staff provides a revised complete application. Commissioner
Karow seconded the motion and the motion carries unanimously.
FAPlanning & Zoning Commission\Minutes\2003\111803.doc
Page 6 of 9
VIII. Sketch Design Plan
A. Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision
910 Nottingham Road
Mountain Center
Applicant: Vail Resorts/Mark Donaldson
The applicant is proposing this sketch design plan for the existing Mountain
Center building, on Nottingham Road just west of the Metcalf Road intersection.
The Sketch Design plan is to approve a newly configured loading dock and
revised floor plan and elevation. This application is being reviewed in
conjunction with the Variance application.
Commissioner Smith motions to table Sketch Design Plan, Lots 26/27/28, Block
1, Benchmark at Beaver Creek Subdivision, 910 Nottingham Road, Mountain
Center, until such time as it is fully resubmitted. Commissioner Didier seconded
the motion and it passes unanimously.
IX. Master Sign Program
A. Lot A, Avon Center at Beaver Creek Subdivision
100 Beaver Creek Boulevard
Applicant: VAG Architects
VAG Architects is proposing a Master Sign Program (MSP) for the Avon Center
building. This application proposes all new signs for the property, making the
existing signage obsolete.
Matt Pielsticker presented the Staff Report. Stephanie Lord -Johnson from VAG
approached the podium to address staff's concerns. There are five client
identification signs and these would be the maximum to be used. Consistency is
a factor to follow through with color, type and shape. Some signs would be in
cursive. Submission for approval to staff will be necessary as well as clarification
on each sign to include illumination standards and bulb types.
Commissioner Him moved to approve with the 5 conditions listed in the Staff
Report along with modifications/clarifications on each sign for staff approval.
Commissioner Smith seconded the motion. All commissioners were in favor.
X. Sign Design Approvals
A. Lot 1, Block 2, Benchmark at Beaver Creek Subdivision
30 Benchmark Road (Unit #102)
"Central Rockies Mortgage"
Applicant: Paul W. Jardis
Sign application for 2 un-lit building mounted signs at the Avon Town Square
building. Both signs comply with the current Master Sign Program (MSP) for the
building.
B. Lot 21, Block 2, Benchmark at Beaver Creek Subdivision
182 Avon Road (Unit #200 & 210)
FAPlanning & Zoning Commission\Minutes\2003\111803.doc
Page 7 of 9
"Prestige Cleaners"
Applicant: Patricia Prewitt
Staff approval for a sign application for a new tenant, Prestige Cleaners, in the
former Earth Wireless suite. Two signs were approved and both comply with the
MSP for the Christy Sports Building.
C. Lot 63, Block 2, Benchmark at Beaver Creek Subdivision
137 Benchmark Road
"Mountain Burger"
Applicant: Brian Nolan
Sign application for a north facing "Mountain Burger" sign on the Seasons
building. This building has a MSP, and the sign is in conformance.
XI. Minor Project Approvals
A. Lot 41 B, Block 3, Wildridge Subdivision
4350 Flat Point
Deck addition, additional space, & new entryway
Applicant: RYS Olsen
Staff has approved this Minor Project on Flat Point for a deck addition, and a
small building addition. A new front entryway was also included. Materials and
colors match the existing home.
B. Lot 12, Filing 2, Eaglebend Subdivision
4995 Eaglebend Drive
New window
Applicant/Owner: Kristina Bruce
Minor Project for a new window on an Eaglebend Drive single-family home.
Window and trim matches existing home.
C. Lot 8, Wildridge Acres Subdivision
2823 Ked Spur
Shed addition
Applicant/Owner: Mark A. Nelson
Minor Project approval for a shed addition on Ked Spur. The attached accessory
structure will match the building materials and colors of the home.
XII. Other Business
A. Lots 1 &2, Nottingham Station PUD
0025 Hurd Lane
Minor Project — Doors and handrail repaint
Applicant: O'Halloran Construction
This Minor Project application proposes to repaint all sets of doors and both
handrails on the Nottingham Station building with the "California Rustic" color.
The Commission is being requested to make a motion on this application. The
color sample was available for review at the site tour and work session.
FAPlanning & Zoning CommissionWinutes\2003\1 11803.doc
Page 8 of 9
No motion was made. Commissioners requested that the applicant be
approached with refinishing the oak doors as opposed to painting them.
Tambi Katieb gave an update on the Comprehensive Plan. Good response from
public input. Moving forward. Pre -application meeting is on December 1st
RFP's are due on the 19t" of December. Mid January is focused for decision.
X. Adjourn
Commissioner Trueblood made the motion to adjourn. Commissioner Smith
seconded and the motion was unanimously approved. The meeting adjourned at
8:35 pm.
Respectfully submitted,
Ruth Weiss
Recording Secretary
APPROVED:
Chris Evans
Chairman
Terry Smith
Secretary
FAPlanning & Zoning CommissionWinutes\2003\111803.doc
FAPlanning & Zoning CommissionWinutes\2003\111803.doc
Page 9 of 9
Memo
To: Planning & Zoning Commission
From: Matt Pielsticker, Planning Technici
Date December 12, 2004
Re: Special Review Use (SRU) for a drive-thru
Lot 6, McGrady Acres Subdivision
HEART of the VALLEY
C 0 L 0 R A D 0
The Edinburgh Corporation has submitted a SRU application for the operation of a drive-thru
facility incorporated into a bank. The Property is currently zoned as Neighborhood Commercial
(NC). The development standards for parcels in the NC zoning district allow for a bank.
However, a Special Review Use (SRU) permit is required to operate this use with a three -bay
drive-thru. All drive through facilities require a SRU permit.
Staff Recommendations: There are several planning and circulation issues that we are
working through and therefore recommend the Commission table this application until the
next regularly scheduled meeting on December 2, 2003.
Memo to Planning & Zoning — November 18, 2003 Page 1 of 1
F:\Planning & Zoning Commission\Memos\2003\McGrady Acres SRU table.doc
I UVbll UI HVUfI
Minor .'ro•ect Staff Report
December 16, 2003 Planning & Zoning Commission meeting
Report Date
Project Type
Legal Description
Zoning
Address
Introduction
December 9, 2003
Minor Project - Fence Application
Lot 28, Block 3, Wildridge Subdivision
Duplex — PUD
4491 Wildridge Road West
The applicant, Marjorie Marks, is requesting the approval of a four to six foot green mesh fence
along the side and rear of her property. The fence is proposed four to six feet to protect deer .
from eating flowers, bushes, flowers, etc. Attached you will find a site plan and a picture of the
fence.
The fence was installed by the applicant and staff requested that a minor project application be
submitted and approved by the Commission. A split rail fence was previously approved on the
same property by the Commission in 2001 to help delineate the driveway from the road.
Design Review Considerations
According to the Commission's Procedures, Rules & Regulations, Section 4.10, the Commission
shall consider the following items in reviewing the design of this project:
1. The conformance with setbacks, massing, access, land use and other provisions of the
Zoning Code.
• Allowed use: The fence will not alter the residential use permitted on this lot.
• Lot Coverage: The fence does not impact the lot coverage.
• Setbacks: The fence begins close to the northeast property corner, which encroaches into
the front snow storage and drainage easement.
• Building Height: The applicant's request is not consistent with the Division of Wildlife
(DOW) recommendations that fences should not exceed 48" in height. The fence
exceeds the DOW recommendations with the extensions placed on the top of the fence.
• Landscaping: The fence is visible from the road and neighboring properties.
2. The type and quality of materials of which the structure is to be constructed.
According to the Residential Design Guidelines Section C, fencing is discouraged "and will
only be permitted where it complements the character of the property ... and compliments the
landscaping rather than contain the property." The guidelines also state that "fence materials
shall be compatible with the site and the materials of the structures on the site," and "should
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
iv, G.vvi 1 iawnn6 m L.Ulllllg 1.u11111U6a1V11 1V1GGL1116 ray,G L V1 L
the fencing comply witll requirements of this section, the fenc�`a area must be less than
of the perimeter of the property and no more than 4 feet in height
It is staff s opinion the proposed fence delineates the property boundaries, and the fence
materials are not compatible with the site. Also, the fence area proposed is more than half
the perimeter of the property and the fence height is greater than 4 feet.
3. The appearance of proposed improvements as viewed from adjacent and neighboring
properties and public ways, with respect to architectural style, massing, height,
orientation to street, quality of materials, and colors.
The proposed fence may have a negative impact as viewed from adjacent properties.
Although difficult to see from the road, the fence does impact neighboring properties.
4. The objective that no improvement be so similar or dissimilar to others in the vicinity
that monetary or aesthetic values will be impaired.
The fenced perimeter does not appear to be consistent with other fences in the area. As
proposed, the fence may impair monetary or aesthetic values. According to the Design
Guidelines, "where noted by the DOW, accepted wildlife corridors shall be accommodated to
a reasonable degree on all properties when considering the layout of site disturbances." This
fence appears to conflict with this wildlife consideration as stated in Section C of the
Residential Design Guidelines.
5. The general conformance of the proposed improvements with the adopted Goals,
Policies and Programs for the Town of Avon.
This fence does not appear to conform to the adopted Goals, Policies and Programs of the
Town because of its conflict with existing Residential Design Guidelines as stated in this
report.
Staff Recommendation
Staff recommends denial of this fence application for Lot 28, Block 3, Wildridge Subdivision.
If you have any questions regarding this project or any planning matter, please do not hesitate to
call me at 748.4413 or stop by the Community Development Department.
Respectfully submitted,
Matt Pielsticker
Town of Avon Community Development {970) 748-4030 Fax (970) 949-5749
C
Memo
To: Planning & Zoning Commission AVON
C 0 L 0 R A D 0
From: Matt Pielsticker, Planning Technician
Date December 11, 2003
Re: Lot 40, Block 3, Wildridge Subdivision — Minor Project for new Lights
The owner and builder of this single-family home, Michael Farr, is requesting the
approval of floodlights to be added to his design approval. The purpose of the
additional lights is for accent lighting. Seventeen floodlights are being proposed with
this application. This type of light fixture is not supported in the Design Review
Guidelines. The following paragraph expresses the design philosophy of the
residential lighting regulations from the Residential Design Guidelines:
"Access to a clear and visible night sky is a strong value to our community.
Light pollution is a threat to our clear skies that are part of the heritage of
the Rocky Mountain West. Night lighting on a site should generally b,-:�
regulated to minimize the undesirable effects that `over -lighting' a site or
residence can have on a community, neighbors, and guests. At the same
time, lighting is desirable for safety and aesthetic purposes."
According to the Town of Avon Residential, Commercial, and Indus rial Desic'n
Review Guidelines Section B (Residential), the Commission s, hall consider t!-e
following requirements when reviewing residential lights:
1. Lighting should be considered as a design feature as well a-,-, providing
illumination for aesthetic and safety purposes only. There shall be no
exposed light source on a property, and all fixtures must utilize froste(.I*
or seeded glass. In any case, light fixtures shall not cause glare
beyond the property.
2. Floodlights are not permitted. Light spillover to adjacent properties
must be minimized. No exposed bulbs are permitted.
3. Lights that flash, move, revolve, rotate, flicker, blink, or vary in both
intensity and color to emit intermittent pulsation shall be expressly
prohibited as fixed light sources. This does not include
holiday/seasonal lighting, which is temporary in nature for the
holiday/season.
These lights should be considered for their aesthetic purposes only. Upon
inspection with four of the lights already installed, at least two of the light bulbs
are exposed. Additionally, the proposed lights do not utilize frosted or seeded
glass in construction. It was determined that little if any glare is produced
beyond the property.
Memo to Planning & Zoning — December 16, 2003 Page 1 of 2
The submitted lights are considered "floodlights." Light spillover to adjacent
properties is minimized due to the location and direction of these lights.
However, some of the bulbs may be visible and are exposed to the street and
neighbors. The intensity of the lights may be controlled by a dimmer switch. A
photo of the lights turned on at night is attached, and a color copy will be
available for review at site tour.
Staff Recommendations: Staff recommends denial of this Minor Project
application for additional floodlights and the removal of the already installed lights on
Lot 28, Block 3, Wildridge Subdivision because of their conflict with the existing
Residential Design Guidelines as stated above.
Memo to Planning & Zoning — December 16, 2003 Page 2 of 2
Proposed Workplan
New Lighting Regulations
December 9, 2003
Action Key Dates
Workplan to P&Z
Distribute sample lighting ordinances December 16, 2003
Work Session #1 at P&Z - (Public Hearing)
Identify concept and explore options January 6, 2004
Work Session #2 at P&Z - (Public Hearing)
Workshop to draft ordinance January 20, 2004
Work Session #3 at P&Z — (Public Hearing)
Proposal by Staff February 3, 2004
Work Session #3 at P&Z — (Public Hearing)
Revised Proposal February 17, 2004
Resolution to P&Z for approval March 2, 2004
First Reading at Council March 9, 2004
Second Reading - (Public Hearing)
Adoption by Council March 23, 2004
b
RT u(the VALLEY
C O L O R A D 0
Planning & Zoning Commission
2004 Meeting Schedule
Meetings are scheduled every 1" and 3rd Tuesday of the month.
January 6
January 20
February 3
February 17
March 2
March 16
April 6
April 20
Ma�4����
May 18
June 1
June 15
July 6
July 20
August 3
A,ugust 17
September 7
September 21
October 5
October 19
F_ November 2
November 16
December 7
December 21
• The following items must go before the Planning and Zoning Commission for review:
Annexations, Sketch Plan Review, Final Design Review, Planned Unit Developments (PTJD),
Special Review Uses, Variances, Sign Permits, and Zone changes.
• The Town will accept only complete applications. Once applications are deemed suffici'-nt, they
will be scheduled for the next available meeting.
• Pre -application meetings are required prior to submittal of every design review application and
strongly encouraged for all other submittals.
Community Development Department
PO Box 975 Avon, CO 81620
970.748.4030 Fax 970.949.5749
Town of Avon
Planning & Zoning Commission
Site Tour
December 16th1 2003
12:00 PM
Town of Avon Municipal Building
400 Benchmark Road
I. AGENDA
A. Lot 6, McGrady Acres
86 Post Boulevard
B. Lot 28, Block 3, Wildridge Subdivision
4491 Wildridge Road West
C. Lot 40, Block 3, Wildridge Subdivision
4540 Flat Point
Please meet at the Community Development Department Conference
Room.
Posted on December 12 n, 2003 at the following public places within the Town of Avon:
• Avon Municipal Building, main lobby
• Avon Recreation Center, main lobby
• Alpine Bank, main lobby
• City Market, main lobby
Town of Avon
Planning & Zoning Commission
Work Session
December 16th5 2003
5:30 PM
Council Chambers
Town of Avon Municipal Building
400 Benchmark Road
I. AGENDA
A. Discussion of regular meeting agenda items.
Estimated Times for each agenda item are shown for
informational purposes only, and subject to change without
notice.
Posted on December 12`", 2003 at the following public places within the Town of Avon:
• Avon Municipal Building, main lobby
• Avon Recreation Center, main lobby
• Alpine Bank, main lobby
• City Market, main lobbv
Town of Avon
Planning & Zoning Commission
Regular Meeting
December 16th, 2003
6:00 PM
Council Chambers
Town of Avon Municipal Building
400 Benchmark Road
AGENDA
I. Call to Order (6:00pm)
II. Roll Call
111. Additions and Amendments to the Agenda
IV. Conflicts of Interest
V. Consent Agenda
Approval of the November 181h 2003 Planning & Zoning Commission
Meeting Minutes [Tab 1 ]
PUBLIC HEARING (6:05pm — 6:15pm)
VI. Special Review Use Applications
A. Drive-thru Bank
Lot 6, McGrady Acres Subdivision
86 Post Boulevard
Resolution No. 03-19
Applicant: Edinburgh Corporation [Tab 2]
Posted on December 12t , 2003 at the following public places within the Town of Avon:
• Avon Municipal Building, main lobby
• Avon Recreation Center, main lobby
• Alpine Bank, main lobby
• City Market, main lobby
Edinburgh Corporation is proposing a drive-thru facility on Post Boulevard
for a bank. A bank drive-thru facility is the subject of this review and permit
application, not the actual bank (which is a use by right in this zone district).
Access to the site is from Post Boulevard. Staff has requested that the
Application be tabled to a subsequent meeting.
B. Planned Unit Development Amendment
Lot 61, Block 2. Benchmark at Beaver Creek Subdivision
0075 Benchmark Road
Project Type: PUD Request
Applicant: Michael Hazard [Tab 3]
This is a PUD Amendment to the existing lot 61 PUD to establish new
development rights that conform to the recommendations of the Town
Center Plan and locate an expanded Town Transit Center on this site.
Staff has requested that the Application be tabled to a subsequent meeting.
PUBLIC HEARING CLOSED
VII. Minor Projects (6:15pm — 7:00pm)
A. Lot 40, Block 3, Wildridge Subdivision
4540 Flat Point
Accent Lighting
Applicant/Owner: Mike Farr [Tab 4]
Staff has received this Minor Project application for the addition of accent
lights on a newly constructed Flat Point single-family residence. The
proposed lighting was not part of the original design approval. The
application proposes 17 "accent" lights in total, with lights on every
elevation of the home.
B. Lot 28, Block 3, Wildridge Subdivision
4491 Wildridge Road West
Fencing
Applicant/Owner: Marjorie J. Marks [Tab 5]
The applicant is proposing a four to six foot high green mesh fence to keep
deer off her property. The fence has already been installed, and staff has
asked that she fill out this application since all fences require specific
approval by the Planning and Zoning Commission. The fence does not
appear to comply with the Town guidelines.
Posted on December 12', 2003 at the following public places within the Town of Avon:
• Avon Municipal Building, main lobby
• Avon Recreation Center, main lobby
• Alpine Bank, main lobby
• City Market, main lobbv
Vill. Sign Applications (7:00pm — 7:15pm)
A. Tract B-1, Block 2, Benchmark at Beaver Creek Subdivision
220 Beaver Creek Place
Gart Sports Balloons and pennant line
Applicant: Mark Johns, Sports Authority — Approved
B. Lot 72, Block 2, Benchmark at Beaver Creek Subdivision
110 E. Beaver Creek Boulevard
Beaver Liquors Temporary Banner
Applicant: David Courtney — Approved
C. Tract B-2, Block 2, Benchmark at Beaver Creek Subdivision
Building D, 230 Chapel Place
The Board Room sandwich board sign
Applicant: Matt Bryan — Denied
XI. Other Business (7:15pm — 7:45pm)
A. Approval of the 2004 Planning & Zoning Commission Meeting
Schedule [Tab 6]
B. Proposed Lighting Ordinance Timeline [Tab 7]
Staff has set this timeline for a potential new lighting ordinance to be
adopted by Town Council. This ordinance will be drafted with the
assistance of the Commission, staff, residents of Avon, and there will be
numerous chances for public input during Public Hearings.
X. Adjourn (7:45pm)
Posted on December 12"', 2003 at the following public places within the Town of Avon:
• Avon Municipal Building, main lobby
• Avon Recreation Center, main lobby
• Alpine Bank, main lobby
• City Market, main lobbv
Memo
To: Planning & Zoning Commission
From: Matt Pielsticker, Planning Technician
Date December 12, 2004
Re: Special Review Use (SRU) for a drive-thru
Lot 6, McGrady Acres Subdivision
VON
C 0 L 0 R A D 0
The Edinburgh Corporation has submitted a SRU application for the operation of a drive-thru
facility incorporated into a bank. The Property is currently zoned as Neighborhood Commercial
(NC). The development standards for parcels in the NC zoning district allow for a bank.
However, a Special Review Use (SRU) permit is required to operate this use with a three -bay
drive-thru. All drive through facilities require a SRU permit.
Staff Recommendations: There are several planning and circulation issues that we are
working through and therefore recommend the Commission table this application until the
next regularly scheduled meeting on December 2, 2003.
Memo to Planning & Zoning — November 18, 2003 Page 1 of 1
F:\Planning & Zoning Commission\Memos\2003\McGrady Acres SRU table.doc
Memo �- -V
To: Planning & Zoning Commission AVON
C 0 L 0 R A D O
From: Matt Pielsticker, Planning Technician
Date December 11, 2003
Re: Lot 40, Block 3, Wildridge Subdivision — Minor Project for new Lights
The owner and builder of this single-family home, Michael Farr, is requesting the
approval of floodlights to be added to his design approval. The purpose of the
additional lights is for accent lighting. Seventeen floodlights are being proposed with
this application. This type of light fixture is not supported in the Design Review
Guidelines. The following paragraph expresses the design phi;osophy of the
residential lighting regulations from the Residential Design Guirleline<;:
"Access to a clear and visible night sky is a strong value to our c> -mmunity.
Light pollution is a threat to our clear skies that are part of the hel itage of
the Rocky Mountain West. Night lighting on a site should cener,-,Ily be
regulated to minimize the undesirable effects that `over-ligl sting' a site or
residence can have on a community, neighbors, and guesds. A! he same
time, lighting is desirable for safety and aesthetics purposes."
According to the Town of Avon Residential, Commercial, and hrdustrial Design
Review Guidelines Section B (Residential), the Commission shall consider the
following requirements when reviewing residential lights:
1. Lighting should be considered as a design feature as well as providing
illumination for aesthetic and safety purposes only. There shall be no
exposed light source on a property, and all fixtures mus-i; utilize frosted
or seeded glass. In any case, light fixtures shall not cause glare
beyond the property.
2. Floodlights are not permitted. Light spillover to ad;acent properties
must be minimized. No exposed bulbs are permitted.
3. Lights that flash, move, revolve, rotate, flicker, blir:k, or vary in both
intensity and color to emit intermittent pulsation shall be expressly
prohibited as fixed light sources. This does not include
holiday/seasonal lighting, which is temporary in nature for the
holiday/season.
These lights should be considered for their aesthetic purposes only_ Upon
inspection with four of the lights already installed, at least two of the light bulbs
are exposed. Additionally, the proposed lights do not utilize frosted or seeded
glass in construction. It was determined that little if any glare is produced
beyond the property.
Memo to Planning & Zoning — December 16, 2003 Pagel of 2
The submitted lights are considered "floodlights." Light spillover to adjacent
properties is minimized due to the location and direction of these lights.
However, some of the bulbs may be visible and are exposed to the street and
neighbors. The intensity of the lights may be controlled by a dimmer switch. A
photo of the lights turned on at night is attached, and a color copy will be
available for review at site tour.
Staff Recommendations: Staff recommends denial of this Minor Project
application for additional floodlights and the removal of the already installed lights on
Lot 28, Block 3, Wildridge Subdivision because of their conflict with the existing
Residential Design Guidelines as stated above.
Memo to Planning & Zoning — December 16, 2003 Page 2 of 2
C � C
Minor Project Staff Report
December 16, 2003 Planning & Zoning Commission meeting
Report Date December 9, 2003
Project Type Minor Project - Fence Application
Legal Description Lot 281 Block 3, Wildridge Subdivision
Zoning Duplex — PUD
Address 4491 Wildridge Road West
Introduction
The applicant, Marjorie Marks, is requesting the approval of a four to six foot green mesh fence
along the side and rear of her property. The fence is proposed four to six feet to protect deer
from eating flowers, bushes, flowers, etc. Attached you will find a site plan and a picture of the
fence.
The fence was installed by the applicant and staff requested that a minor project application b:;
submitted and approved by the Commission. A split rail fence was previously approved on the
same property by the Commission in 2001 to help delineate the driveway from the road.
Design Review Considerations
According to the Commission's Procedures, Rules & Regulations, Section 4.10, the Coin mission
shall consider the following items in reviewing the design of this project:
1. The conformance with setbacks, massing, access, land use and other provisions of the
Zoning Code.
• Allowed use: The fence will not alter the residential use permitted on this lot.
• Lot Coverage: The fence does not impact the lot coverage.
• Setbacks: The fence begins close to the northeast property corner, which encroaches into
the front snow storage and drainage easement.
• Building Height: The applicant's request is not consistent with the Division of Wildlife
(DOW) recommendations that fences should not exceed 48" in height. The fence
exceeds the DOW recommendations with the extensions placed on the top of the fence.
• Landscaping: The fence is visible from the road and neighboring properties.
2. The type and quality of materials of which the structure is to be constructed.
According to the Residential Design Guidelines Section C, fencing is discouraged "and will
only be permitted where it complements the character of the property ... and compliments the
landscaping rather than contain the property." The guidelines also state that "fence malerials
shall be compatible with the site and the materials of the structures on the site," and "shhould
Town of Avon Community Development (970) 748-4030 Fax (970) 1949-5749
av, c.vv-) i aaamimar, M L.v1alaar, I.valmM"LUaa avtcclmar, - - ragc L Vt L
the fencing comply wi ie requirements of this section, the fei I area must be less than11/4
of the perimeter of the property and no more than 4 feet in height."
It is staff s opinion the proposed fence delineates the property boundaries, and the fence
materials are not compatible with the site. Also, the fence area proposed is more than half
the perimeter of the property and the fence height is greater than 4 feet.
3. The appearance of proposed improvements as viewed from adjacent and neighboring
properties and public ways, with respect to architectural style, massing, height,
orientation to street, quality of materials, and colors.
The proposed fence may have a negative impact as viewed from adjacent properties.
Although difficult to see from the road, the fence does impact neighboring properties.
4. The objective that no improvement be so similar or dissimilar to others in the vicinity
that monetary or aesthetic values will be impaired.
The fenced perimeter does not appear to be consistent with other fences in the area. As
proposed, the fence may impair monetary or aesthetic values. According to the Design
Guidelines, "where noted by the DOW, accepted wildlife corridors shall be accommodated to
a reasonable degree on all properties when considering the layout of site disturbances." This
fence appears to conflict with this wildlife consideration as stated in Section C of the
Residential Design Guidelines.
5. The general conformance of the proposed improvements with the adopted Goals,
Policies and Programs for the Town of Avon.
This fence does not appear to conform to the adopted Goals, Policies and Programs of the
Town because of its conflict with existing Residential Design Guidelines as stated in this
report.
Staff Recommendation
Staff recommends denial of this fence application for Lot: 28, Block 3, Wildridge Subdivision
If you have any questions regarding this project or any planning matter, please do not hesitate to
call me at 748.4413 or stop by the Community Developrient Department.
Respectfully submitted,
Matt Pielsticker
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
I
HEART of die VALLEY
Staff Report
C 0 L 0 R A D 0
December 16, 2003 Planning & Zoning Commission meeting
Report date December 10, 2003
Project type Lot 61 PUD
Legal description Lot 61, Block 2, Benchmark at Beaver Creek
Subdivision
Current zoning Planned Unit Development
Address 75 Benchmark Road
Introduction
The purpose of the Lot 61 PUD 2004 (herein referred to as "Lot 61 PUD") is to formalize the
new building area, including development standards for Lot 61 and the corresponding road
alignments and transit center. The PUD for Lot 61 has been extended twice to allow time to
evaluate development opportunities for implementation of the Town Center Plan between the
Town and the developer. The current Lot 61 PUD is valid until February 3, 2004.
The most significant elements contained in the new development plan benefiting the Town are as
follows:
• 50'0" right-of-way dedication for the new Benchmark Road alignment to the Town of
Avon.
• Transit center to accommodate five (5) buses at a time with a 300 sq.ft.
administrative/visitor center.
• Enhanced pedestrian and vehicular circulation.
• Implementation of significant master plan concepts of the Town Center Plan.
In exchange, Lot 61 is receiving the following:
• Timeshare as a use -by -right.
• Increased building height, setbacks, site coverage, and density.
The history of the zoning approval for Lot 61, Block 2, BMBC submitted by the developer,
IDG3 LLC is as follows:
1978 Lot 61 zoned Town Center.
1991 Town Center zoning modified.
1999 Lot 61 applied for PUD zoning as set forth in Ordinance 99-16 (July 27, 1999)
which had a 3-year approval.
2002 Town Center Implementation Plan was adopted on January 8, 2001 (Resolution
02-01).
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004
December 16, 2003 Planning & Zoning Commission meeting Page 2 of 8
2002 PUD extension for a 6-month time period was granted to explore planning and
development of the Town Center Plan on July 23, 2002 (Ordinance 02-17).
2003 In January, a PUD extension for one year was granted to allow the developer time
to pursue implementation of the Town Center Plan on January 28, 2003
(Ordinance 03-01).
2003 In July, Council authorized funds be allocated to begin initial studies for the new
property boundaries and road alignment.
Over the past few months, staff has met with the developer and its representatives, including the
Community Development Committee to arrive at a development plan that includes the
implementation of the Town Center Plan in accordance with the existing PUD approval. The
development plan includes a new transit center that accommodates up to five (5) buses,
preserving pedestrian connections with the Confluence, and a new 50'0" right of way for
Benchmark Road.
On December 9, 2003 Town Council reviewed the initial fiscal analysis of the Lot 61
development agreement prepared by Stan Bernstein, the Town's financial consultant. Of utmost
importance was the implication of timeshare as a use -by -right, including the imposition of a
recreational amenity fee to offset the impact of timeshare units. Council endorsed moving
forward with the process, including the refinement of the financial model to reflect the
contemplated land entitlements.
PUD Design Criteria
According to the Town of Avon Zoning Code, Section 17.20.110, the following shall be used as
the principal criteria in.evaluating a PUD. It shall be the burden of the applicant to demonstrate
that submittal material and the proposed development plan comply with each of the following
design criteria, or demonstrate that one or more of them is not applicable, or that a particular
development solution is consistent with the public interest.
1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives.
The proposed PUD now complies with the Town Center Plan and conforms to the following
goals and polices of the Town Comprehensive Plan:
Policy A1.3 Flexible zoning such as PUD should be encouraged where it results in
more effective use of land
The planning process with staff and the developer for Lot 61 is a new
process for the Town and incorporates flexible zoning to benefit both
public and private sectors.
Policy A�3.5_ Since undeveloped land in the Town Center is scarce, it will be developed
at higher density, included vertically integrated mix of commercial and
residential uses, and rely primarily on underground and/or structured
parking
The underground parking structure for this project extends under the
Town right of way to allow for more parking and does not preclude the
opportunity for a private/public partnership for parking improvements and
includes a higher density mixed —use development.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004
December 16, 2003 Planning & Zoning Commission meeting Page 3 of 8
Goal B 1 Enhance the Town's role as a principal, year-round residential community
and regional commercial center
This development plan will help vitalize Town Center with a more efficient
transit hub to encourage year-round use of mass transit and pedestrian
circulation for its citizens, which is further reinforced by the following
policy B1.2.
Policy Bl .2 Commercial areas will be supported through creation and maintenance of
effective vehicle access and parking, transit services, all -season pedestrian
and non -motorized vehicle access, and consistent application of design
standards
Goal B2 Establish the Town Center Area as an inviting, vibrant and safe -pedestrian
oriented cultural, retail and entertainment hub
The purpose of the Town Center Plan is to further enhance a vibrant hub
in Town Center, which has been implemented in the Lot 61 development
plan.
Policy B2.2 Encourage a range of uses in the Town Center, including retail, offices,
hotels, recreation, tourism, and entertainment
The Lot 61 development plan will include a range of uses and special
review uses.
Policy B2.4 Encourage joint development of structured parking, pedestrian and
landscape improvements, and promotion of activities and events in the
Town Center
This is a joint development, which benefits both the developer acid the
Town to help synergize Town Center.
Policy B3.2 Promote effective transit and access with Beaver Creek and Arrowhead
Resorts, including gondola connections, trails, and pedestrian connections
The revised property lines and pedestrian connections will promote transit
and access to include potential opportunities for accessing the Confluence
site and gondola.
Policy E1.6 All new development and redevelopment should include or otherwise
provide for effective transit, pedestrian and bicycle facilities
This new development plan includes plans for effective transit, and
enhances pedestrian circulation.
Policy E2.1 Joint development of a structured parking facility in Town Center to
support private and public uses should be pursued to the extent possible
The joint planning for Lot 61 includes structured parking on the Town
right-of-way and does not preclude the potential for a shared parking
facility. At a minimum, the Town and developer are moving forward in a
joint effort to support Town Center development.
Goal E3 Promote the development of an enhanced transit system for the Town
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004
December 16, 2003 Planning & Zoning Commission meeting
4 of 8
The revised transit plan accommodates more buses and will improve the
effectiveness of mass transit in the Town
Policy E3.2 Maintain the existing regional and Town -wide bus system, and enhance as
necessary to provide services to the community as it grows
The new transit hub contained on the Lot 61 development plan
accommodates the existing service demands for the ECO bus system as
well as the Town -wide system.
2. Conformity and compliance with the overall design theme of the town, the sub -area
design recommendations and design guidelines of the Town.
The development plan for Lot 61 is limited in scope and defines building setback, density,
heights and new property boundaries. The conditions of approval for the PUD include the
requirement that a site -specific development plan be submitted in accordance with Section
17.20.110, Avon Municipal Code. In addition, design guidelines must be submitted and
approved by the Planning & Zoning Commission for this project to ensure compliance with
more restrictive design standards of the Town Center Plan.
3. Design compatibility with the immediate environment, neighborhood, and adjacent
properties relative to architectural design, scale, bulk, building height, buffer zones,
character, and 6rientation.
The new property boundaries for Lot 61 include criteria established in the Town Center PI
such as 10'0" minimum sidewalks, new Benchmark Road alignment, requirements for
stepping the building as it increases in height, clearances to accommodate a transit center
while maintaining effective pedestrian movement in exchange for increased height, new
development standards, and effective orientation on the site.
4. Uses, activity, and density provide a compatible, efficient, and workable relationship
with surrounding uses and activity.
The new development standards for this mixed -use project combined with the new transit
center will enhance the vitality and efficiency of Town Center.
5. Identification and mitigation or avoidance of natural and/or geologic hazards that
affect the property upon which the PUD is proposed.
There are no known natural and/or geologic hazards on Lot 61 at this time. A Subdivision
Improvement Agreement will be required to ensure there are no unforeseen natural or
geologic hazards, specifically at it related to infrastructure improvements such as water,
sewer, and/or drainage associated with this development.
6. Site plan, building design and location and open space provisions designed to produce a
functional development responsive and sensitive to natural features, vegetation and
overall aesthetic quality of the community.
The proposed development plan for Lot 61 is more responsive to improving the aesthetic
quality of Town Center. The building design will be further clarified through specific design
review guidelines, the site -specific development plan process, and design review by the
Planning & Zoning Commission.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004
December 16, 2003 Planning & Zoning Commission meeting Page 5 of 8
7. A circulation system designed for both vehicles and pedestrians addressing on and off
site traffic circulation that is compatible with the Town Transportation Plan.
The Town Center Plan and the Town Transportation Plan have been considered and
implemented in this development plan and improves the circulation for pedestrians, mass
transit, and vehicular circulation.
8. Functional and aesthetic landscaping and open space in order to optimize and preserve
natural features, recreation, views and function.
Specific provisions for allowing the building to encroach onto Town right-of-way and in
other areas to step back from pedestrian ways have been carefully considered and
implemented with this development plan to optimize and preserve views and overall
function.
9. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient
relationship throughout the development of the PUD. The phasing plan shall clearly
demonstrate that each phase can be workable, functional and efficient without relying
upon completion of future project phases.
There is no phasing plan proposed by this PUD. There will be timing requirements set forth
in the development agreement to allow the developer and/or the Town time to exercise their
rights for construction.
10. Adequacy of public services such as sewer, water, schools, transportation systems,
roads, parks, and police and fire protection.
IDG3 LLC will be responsible acquisition of additional water rights and their subsequent
dedication to the Town if needed to amend the Town's Augmentation Plan. In addition, the
developer will be responsible for capital and operating cost of additional transit, police, and
fire protection services associated with the impacts from Lot 61.
11. That the existing streets and roads are suitable and adequate to carry anticipated
traffic within the proposed PUD and in the vicinity of the proposed PUD.
The new 50'0" road right-of-way alignment and transit center provisions improve the overall
adequacy and carrying capacity of Town Center.
12. Development Standards
The Development Standards including lot area, site dimensions, setbacks, height, density
control, site coverage, landscaping and parking are being modified with this proposal and are
proposed as follows:
a. Uses by -rim
■ Retail stores
■ Specialty shops
■ Restaurants, excluding drive-thru windows
■ Cocktail lounges
■ Personal service shops
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004
December 16, 2003 Planning & Zoning Commission meeting Page 6 of 8
Timeshare, interval ownership, and fractional fee ownership above grade
with the condition that recreational amenity fees are paid — the terms and
conditions of which will be negotiated with the development agreement.
Staff recommends a minimum of 125-timeshare, interval ownership, or
fractional fees units with a minimum of 900 sq. ft. each to comply with the
premise of the financial analysis.
■ A minimum of 17,000 sq.ft of commercial space at grade level
■ Professional offices on grade. Staff does not support professional office at
grade level and recommend this be limited to a special review use.
Professional offices on the mall level limit the economic vitality of Town
Center, invalidate the financial model as contemplated, and should be
specifically reviewed by the Planning & Zoning Commission.
■ Hotel on floors above grade
■ Lodges on floors above grade
■ Apartments on floors above grade
■ Condominiums on floors above grade
■. Indoor recreation and/or entertainment facilities
■ Theaters
■ Bed & Breakfast on floors above grade. This use is not appropriate in
Town Center and should be deleted.
■ Public transportation facilities including 300 S.F. transit/administrative
office at grade, immediately adjacent to transit center
■ Public parking facilities
■ Additional uses determined to be similar to allowed uses in accordance
with the intent of the zone district
b. Special Review Uses:
Conference/convention facilities
Above ground public utility installations
Residential and accommodation units at grade
This use is not appropriate, even as a special review use, and conflicts with
the recommendations of the Town Center Implementation Plan.
Medical Facilities
Financial Institutions
c. Development Standards
Lot Area 1.07 Acres
Projections such as columns, roofs, unenclosed floors and decks may
encroach into setbacks and/or right of ways with specific Town of
Avon design review approval
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 l
December 16, 2003 Planning & Zoning Commission meeting Page 7 of 8
Building Height A height, as defined by The Town of Avon Title 17,
Chapter 17.08, Section 160, of 108.5'. This height
shall be to the top of roof structures over enclosed,
habitable space. Elevator penthouses, chimneys,
parapets and similar appurtenances shall be allowed
to exceed this datum
Maximum site coverage: Ninety Percent 90%
Density:
Commercial: A minimum of 17,000 square feet
Residential: One Hundred Seventy Five (175) Dwelling Units or
200 accommodation units with a maximum of 1-87,500 gross
residential square feet.
d. Landscape/Hardscape Coverage
e. Parking:
Maximum coverage shall be 10%
Commercial: 4 spaces/1,000 x .85 (mixed use reduction)
1. Residential: 1 space/unit x .85 (mixed use reduction)
2. Guest: Per Town Center standards
Staff recommends all parking. comply with the Avon Municipal Code, which would
allow for a mixed -use reduction. Based upon the lack of detail and information on
the current development plan, staff does not support any additional parking
reduction other than the provisions provided for under the existing parking
standards.
f. Provisions for stepping back the building as it increases in height
Staff Comments & Recommendation
Staff recommends tabling of the Lot 61 PUD until technical corrections on the development plan
are addressed and issues associated with the development rights are resolved. Some of the
outstanding conditions are as follows:
The issue of vested rights remains unresolved. In order to create vested rights under
the state statutes and Avon Municipal Code, vested rights only occur with the
approval of a site -specific development plan. The Lot 61 development plan must be
limited for vesting purposes only with specific provision for ensuring the complete
PUD planning process is completed prior to commencement of any development.
The Town has historically addressed this issue within the confines of the development
plan and development agreement. This must be addressed prior to recommendation
of the Lot 61 PUD Council for approval.
2. The new Benchmark Road alignment (50'0" Benchmark Court Right -of Way) must
be conveyed by subdivision plat prior to approval of the Lot 61 PUD.
3. Finalizing the minimum amount of timeshare units, the size of the units, and
corresponding recreational amenity fees to conform to the financial analysis.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004
December 16, 2003 Planning & Zoning Commission meeting Page 8 of 8
4. A requirement that the developer will be responsible for the acquisition of additional
water rights and their subsequent dedication to the Town if necessary to amend the
Town's Augmentation Plan.
5. A requirement that the developer will be responsible for capital and operating costs of
transit, police, and fire protection services associated with the impacts of
development on Lot 61.
6. Professional offices at grade invalidate the financial model as currently contemplated
and" should be removed at this time.
7. All parking comply with the Avon Municipal Code.
8. Failure to develop and obtain approval of said site -specific development plan by
January 31, 2012 shall automatically terminate these development standards and
conditions. Upon termination, the development rights, standards and conditions set
forth in the Lot 61 PUD plan shall expire and revert to the development rights,
standards and conditions as set forth in the TC (Town Center) Zone District per Title
17 of the Avon Municipal Code.
9. This PUD is contingent upon a valid Development Agreement between IDG3 LLC
and the Town of Avon being approved.
10. Specific design review guidelines will be required for Lot 61 to address specific
design criteria for Town Center.
11. Timing requirements for addressing the election of improvements by either the Town
or "the developer.
Recommended Motion
"I hereby recommend tabling of the Lot 61 PUD to allow more time to develop a complete
development plan for approval."
If you have any questions regarding this project or any planning matter, please call me at 748-
4030, or stop by the Community Development Department.
Respectfull ,
uth O. Borne, Director
Community Development
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Staff Report
PUD
December 16, 2003 Planning & Zoning Commission meeting
Report date December 10, 2003
Project type Lot 61 PUD
Legal description Lot 61, Block 2, Benchmark at Beaver Creels
Subdivision
Current zoning Planned Unit Development
Address 75 Benchmark Road
Introduction
The purpose of the Lot 61 PUD 2004 (herein referred to as "Lot 61 PUD") is to formalize the
new building area, including development standards for Lot 61 and the corresponding road
alignments and transit center. The PUD for Lot 61 has been extended twice to allow time to
evaluate development opportunities for implementation of the Town Center Plan between the
Town and the developer. The current Lot 61 PUD is valid until February 3, 2004.
The most significant elements contained in the new development plan benefiting the Town are as
follows:
• 50'0" right-of-way dedication for the new Benchmark Road alignment to the Town of
Avon..
• Transit center to accommodate five (5) buses at a time with a 300 sq.ft.
administrative/visitor center.
• Enhanced pedestrian and vehicular circulation.
• Implementation of significant master plan concepts of the Town Center Plan.
In exchange, Lot 61 is receiving the following:
• Timeshare as a use -by -right.
• Increased building height, setbacks, site coverage, and density.
The history of the zoning approval for Lot 61, Block 2, BMBC submitted by the developer,
IDG3 LLC is as follows:
1978 Lot 61 zoned Town Center.
1991 Town Center zoning modified.
1999 Lot 61 applied for PUD zoning as set forth in Ordinance 99-16 (July 27, 1999)
which had a 3-year approval.
2002 Town Center Implementation Plan was adopted on January 8, 2001 (Resolution
02-01).
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004
December 16, 2003 Planning & Zoning Commission meeting Page 2 of 8
2002 PUD extension for a 6-month time period was granted to explore planning and
development of the Town Center Plan on July 23, 2002 (Ordinance 02-17).
2003 In January, a PUD extension for one year was granted to allow the developer time
to pursue implementation of the Town Center Plan on January 28, 2003
(Ordinance 03-01).
2003 In July, Council authorized funds be allocated to begin initial studies for the new
property boundaries and road alignment.
Over the past few months, staff has met with the developer and its representatives, including the
Community Development Committee to arrive at a development plan that includes the
implementation of the Town Center Plan in accordance with the existing PUD approval. The
development plan includes a new transit center that accommodates up to five (5) buses,
preserving pedestrian connections with the Confluence, and a new 50'0" right of way for
Benchmark Road.
On December 9, 2003 Town Council reviewed the initial fiscal analysis of the Lot 61
development agreement prepared by Stan Bernstein, the Town's financial consultant. Of utmost
importance was the implication of timeshare as a use -by -right, including the imposition of a
recreational amenity fee to offset the impact of timeshare units. Council endorsed moving
forward with the process, including the refinement of the financial model to reflect the
contemplated land entitlements.
PUD Design Criteria
According to the Town of Avon Zoning Code, Section 17.20.110, the following shall be used as
the principal criteria in evaluating a PUD. It shall be the burden of the applicant to demonstrate
that submittal material and the proposed development plan comply with each of the following
design criteria, or demonstrate that one or more of them is not applicable, or that a particular
development solution is consistent with the public interest.
1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives.
The proposed PUD now complies with the Town Center Plan and conforms to the following
goals and polices of the Town Comprehensive Plan:
Policy A1.3 Flexible zoning such as PUD should be encouraged where it results in
more effective use of land
The planning process with staff and the developer for Lot 61 is a new
process for the Town and incorporates flexible zoning to benefit both
public and private sectors.
Policy A3.5 Since undeveloped land in the Town Center is scarce, it will be developed
at higher density, included vertically integrated mix of commercial and
residential uses, and rely primarily on underground and/or structured
parking
The underground parking structure for this project extends under the
Town right of way to allow for more parking and does not preclude the
opportunity for a private/public partnership for parking improvements and
includes a higher density mixed —use development.
Town of Avon Community Development (970) 748-4030 Fax (970) 9491-5749
( l
Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004
December 16, 2003 Planning & Zoning Commission meeting Page 3 of 8
Goal B 1 Enhance the Town's role as a principal, year-round residential community
and regional commercial center
This development plan will help vitalize Town Center with a more efficient
transit hub to encourage year-round use of mass transit and pedestrian
circulation for its citizens, which is further reinforced by the following
policy B1.2.
Policy B1.2 Commercial areas will be supported through creation and maintenance of
effective vehicle access and parking, transit services, all -season pedestrian
and non -motorized vehicle access, and consistent application of design
standards
Goal B2 Establish the Town Center Area as an inviting, vibrant and safe -pedestrian
oriented cultural, retail and entertainment hub
The purpose of the Town Center Plan is to further enhance a vibrant hub
in Town Center, which has been implemented in the Lot 61 development
plan.
Policy B2.2 Encourage a range of uses in the Town Center, including retail, offices,
hotels, recreation, tourism, and entertainment
The Lot 61 development plan will include a range of uses and special
review uses.
Policy B2.4 Encourage joint development of structured parking, pedestrian and
landscape improvements, and promotion of activities and events in the
Town Center
This is a joint development, which benefits both the developer and the
Town to help synergize Town Center.
Policy B3.2 Promote effective transit and access with Beaver Creek and Arrowhead
Resorts, including gondola connections, trails, and pedestrian connections
The revised property lines and pedestrian connections will promote transit
and access to include potential opportunities for accessing the Confluence
site and gondola.
Policy E1.6 All new development and redevelopment should include or otherwise
provide for effective transit, pedestrian and bicycle facilities
This new development plan includes plans for effective transit, and
enhances pedestrian circulation.
Policy E2.1 Joint development of a structured parking facility in Town Center to
support private and public uses should be pursued to the extent possible
The joint planning for Lot 61 includes structured parking on the Town
right-of-way and does not preclude the potential for a shared parking
facility. At a minimum, the Town and developer are moving forward in a
joint effort to support Town Center development.
Goal E3 Promote the development of an enhanced transit system for the Town
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004
December 16, 2003 Planning & Zoning Commission meeting Page 4 of 8
The revised transit plan accommodates more buses and will improve the
effectiveness of mass transit in the Town
Polio Maintain the existing regional and Town -wide bus system, and enhance as
necessary to provide services to the community as it grows
The new transit hub contained on the Lot 61 development plan
accommodates the existing service demands for the ECO bus system as
well as the Town -wide system.
2. Conformity and compliance with the overall design theme of the town, the sub -area
design recommendations and design guidelines of the Town.
The development plan for Lot 61 is limited in scope and defines building setback, density,
heights and new property boundaries. The conditions of approval for the PUD include the
requirement that a site -specific development plan be submitted in accordance with Section
17.20.110, Avon Municipal Code. In addition, design guidelines must be submitted and
approved by the Planning & Zoning Commission for this project to ensure compliance with
more restrictive design standards of the Town Center Plan.
3. Design compatibility with the immediate environment, neighborhood, and adjacent
properties relative to architectural design, scale, bulk, building height, buffer zones,
character, and orientation.
The new property boundaries for Lot 61 include criteria established in the Town Center Plan,
such as 10'0" minimum sidewalks, new Benchmark Road alignment, requirements for
stepping the building as it increases in height, clearances to accommodate a transit center
while maintaining effective pedestrian movement in exchange for increased height, new
development standards, and effective orientation on the site.
4. Uses, activity, and density provide a compatible, efficient, and workable relationship
with surrounding uses and activity.
The new development standards for this mixed -use project combined with the new transit
center will enhance the vitality and efficiency of Town Center.
5. Identification and mitigation or avoidance of natural and/or geologic hazards that
affect the property upon which the PUD is proposed.
There are no known natural and/or geologic hazards on Lot 61 at this time. A Subdivision
Improvement Agreement will be required to ensure there are no unforeseen natural or
geologic hazards, specifically at it related to infrastructure improvements such as water,
sewer, and/or drainage associated with this development.
6. Site plan, building design and location and open space provisions designed to produce a
functional development responsive and sensitive to natural features, vegetation and
overall aesthetic quality of the community.
The proposed development plan for Lot 61 is more responsive to improving the aesthetic
quality of Town Center. The building design will be further clarified through specific design
review guidelines, the site -specific development plan process, and design review by the
Planning & Zoning Commission.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004
December 16, 2003 Planning & Zoning Commission meeting Page 5 of 8
7. A circulation system designed for both vehicles and pedestrians addressing on and off
site traffic circulation that is compatible with the Town Transportation Plan.
The Town Center Plan and the Town Transportation Plan have been considered and
implemented in this development plan and improves the circulation for pedestrians, mass
transit, and vehicular circulation.
8. Functional and aesthetic landscaping and open space in order to optimize and preserve
natural features, recreation, views and function.
Specific provisions for allowing the building to encroach onto Town right-of-way and in
other areas to step back from pedestrian ways have been carefully considered and
implemented with this development plan to optimize and preserve views and overall
function.
9. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient
relationship throughout the development of the PUD. The phasing plan shall clearly
demonstrate that each phase can be workable, functional and efficient without relying
upon completion of future project phases.
There is no phasing plan proposed by this PUD. There will be timing requirements set forth
in the development agreement to allow the developer and/or the Town time to exercise their
rights for construction.
10. Adequacy of public services such as sewer, water, schools, transportation systems,
roads, parks, and police and fire protection.
IDG3 LLC will be responsible acquisition of additional water rights and their subsequent
dedication to the Town if needed to amend the Town's Augmentation Plan. In addition, the
developer will be responsible for capital and operating cost of additional transit, police, and
fire protection services associated with the impacts from Lot 61.
11. That the existing streets and roads are suitable and adequate to carry anticipated
traffic within the proposed PUD and in the vicinity of the proposed PUD.
The new 50'0" road right-of-way alignment and transit center provisions improve the overall
adequacy and carrying capacity of Town Center.
12. Development Standards
The Development Standards including lot area, site dimensions, setbacks, height, density
control, site coverage, landscaping and parking are being modified with this proposal and are
proposed as follows:
a. Uses by --rim
■ Retail stores
■ Specialty shops
■ Restaurants, excluding drive-thru windows
■ Cocktail lounges
■ Personal service shops
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004
December 16, 2003 Planning & Zoning Commission meeting Page 6 of 8
Timeshare, interval ownership, and fractional fee ownership above grade
with the condition that recreational amenity fees are paid — the terms and
conditions of which will be negotiated with the development agreement.
Staff recommends a minimum of 125-timeshare, interval ownership, or
fractional fees units with a minimum of 900 sq. ft. each to comply with the
premise of the financial analysis.
■ A minimum of 17,000 sq.ft of commercial space at grade level
■ Professional offices on grade. Staff does not support professional office at
grade level and recommend this be limited to a special review use.
Professional offices on the mall level limit the economic vitality of Town
Center, invalidate the financial model as contemplated, and should be
specifically reviewed by the Planning & Zoning Commission.
■ Hotel on floors above grade
■ Lodges on floors above grade
■ Apartments on floors above grade
■ Condominiums on floors above grade
■ Indoor recreation and/or entertainment facilities
■ Theaters
■ Bed & Breakfast on floors above grade. This use is not appropriate in
Town Center and should be deleted.
■ Public transportation facilities including 300 S.F. transit/administrative
office at grade, immediately adjacent to transit center
■ Public parking facilities
■ Additional uses determined to be similar to allowed uses in accordance
with the intent of the zone district
b. Special Review Uses:
Conference/convention facilities
Above ground public utility installations
Residential and accommodation units at grade
This use is not appropriate, even as a special review use, and conflicts with
the recommendations of the Town Center Implementation Plan.
Medical Facilities
Financial Institutions
c. Development Standards
Lot Area 1.07 Acres
Projections such as columns, roofs, unenclosed floors and decks may
encroach into setbacks and/or right of ways with specific Town of
Avon design review approval
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
(
Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004
December 16, 2003 Planning & Zoning Commission meeting Page 7 of 8
Building Height A height, as defined by The Town of Avon Title 17,
Chapter 17.08, Section 160, of 108.5'. This height
shall be to the top of roof structures over enclosed,
habitable space. Elevator penthouses, chimneys,
parapets and similar appurtenances shall be allowed
to exceed this datum
Maximum site coverage: Ninety Percent 90%
Density:
Commercial: A minimum of 17,000 square feet
Residential: One Hundred Seventy Five (175) Dwelling Units or
200 accommodation units with a maximum of 187,500 gross
residential square feet.
d. Landscape/Hardscape Coverage: Maximum coverage shall be 10%
e. Parking:
Commercial: 4 spaces/1,000 x .85 (mixed use reduction)
1. Residential: 1 space/unit x .85 (mixed use reduction)
2. Guest: Per Town Center standards
Staff recommends all parking comply with the Avon Municipal Code, which would
allow for a mixed -use reduction. Based upon the lack of detail and information on
the current development plan, staff does not support any additional parking
reduction other than the provisions provided for under the existing parking
standards.
f. Provisions for stepping back the building as it increases in height
Staff Comments & Recommendation
Staff recommends tabling of the Lot 61 PUD until technical corrections on the development plan
are addressed and issues associated with the development rights are resolved. Some of the
outstanding conditions are as follows:
1. The issue of vested rights remains unresolved. In order to create vested rights under
the state statutes and Avon Municipal Code, vested rights only occur with the
approval of a site -specific development plan. The Lot 61 development plan must be
limited for vesting purposes only with specific provision for ensuring the complete
PUD planning process is completed prior to commencement of any development.
The Town has historically addressed this issue within the confines of the development
plan and development agreement. This must be addressed prior to recommendation
of the Lot 61 PUD Council for approval.
2. The new Benchmark Road alignment (50'0" Benchmark Court Right -of Way) must
be conveyed by subdivision plat prior to approval of the Lot 61 PUD.
3. Finalizing the minimum amount of timeshare units, the size of the units, and
corresponding recreational amenity fees to conform to the financial analysis.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004
December 16, 2003 Planning & Zoning Commission meeting Page 8 of 8
4. A requirement that the developer will be responsible for the acquisition of additional
water rights and their subsequent dedication to the Town if necessary to amend the
Town's Augmentation Plan.
5. A requirement that the developer will be responsible for capital and operating costs of
transit, police, and fire protection services associated with the impacts of
development on Lot 61.
6. Professional offices at grade invalidate the financial model as currently contemplated
and should be removed at this time.
7. All parking comply with the Avon Municipal Code.
8. Failure to develop and obtain approval of said site -specific development plan by
January 31, 2012 shall automatically terminate these development standards and
conditions. Upon termination, the development rights, standards and conditions set
forth in the Lot 61 PUD plan shall expire and revert to the development rights„
standards and conditions as set forth in the TC (Town Center) Zone District per Title
17 of the Avon Municipal Code.
9. This PUD is contingent upon a valid Development Agreement between IDG3 LLC
and the Town of Avon being approved.
10. Specific design review guidelines will be required for Lot 61 to address specific
design criteria for Town Center.
11. Timing requirements for addressing the election of improvements by either the Town
or the developer.
Recommended Motion
"I hereby recommend tabling of the Lot 61 PUD to allow more time to develop a complete
development plan for approval."
If you have any questions regarding this project or any planning matter, please call me at 748-
4030, or stop by the Community Development Department.
Respectful] —
uth O. Borne, Direclobr
Community Development
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
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