PZC Packet 020624AVON PLANNING & ZONING COMMISSION
MEETING AGENDA A
TUESDAY, FEBRUARY 6, 2024
MEETING BEGINS AT 5:00 PM Avon
100 MIKAELA WAY — COUNCIL CHAMBERS C 0 L 0 R A D 0
MEETING BEGINS AT 5:00 PM
1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON)
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS
4. PUBLIC BEARINGS
4.1. FILE #TMP24001 TEMPORARY USE 331 METCALF RD PLANNING MANAGER, JENA SKINNER
4.2. FILE #REZ23001 SLOPESIDE REZONING APPLICATION PLANNING MANAGER, JENA SKINNER
5. CONSENT AGENDA
5.1. JANUARY 17, 2024, PLANNING AND ZONING COMMISSION MEETING MINUTES
5.2. RECORD of DECISION MJR23005
5.3. 2024 PZC MEETING SCHEDULE
6. FUTURE MEETINGS
6.1. FEBRUARY 21, 2024 (WEDNESDAY)
6.2. MARCH 11, 2024 (MONDAY)
7. STAFF UPDATES
7.1. CODE TEXT AMENDMENT CTA23002 COMMUNITY HOUSING ZONE DISTRICTS
7.2. SUN ROAD/EAST AVON SUB -AREA MASTER PLANS & THE DDA MEETING
7.3. EAGLEBEND POCKET PARK
7.4. WAYFINDING CAPSTONE PROJECT
7.5. PZC BOARD - POSITIONS
8. ADJOURN
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS.
TO: Planning and Zoning Commission A
FROM: Jena Skinner, AICP, Planning Manager Avon
RE: TMP24001 - PUBLIC HEARING - Quicksand Tattoo
DATE: January 26, 2024 C o L 0 R A o 0
SUMMARY OF REQUEST: Before PZC, there is a request for a Temporary Use Permit to allow the
continuance of a tattoo business operating on the third floor of an existing commercial building addressed
at 331 Metcalf Road. Jeff Maus, the owner of DBA Quicksand Tattoo LLC, has been operating a tattoo
business in Avon without realizing that this use was not allowable as a permitted use or use available by
Special Use Review within the existing Light Industrial & Commercial (IC) zoning. This oversight was
discovered when applying for a business license, not through a citizen generated Code Enforcement
complaint.
The business is via appointment only and does not operate in a retail capacity. More importantly, people do
not discover this business or seek consultation by walking off the street. Had Jeff not attempted to obtain a
business license, Staff may not have learned that this use was in operation.
Proposed Use Request: Continued use of an appointment -only, "destination" tattoo establishment.
Operational details of this use are attached to this report as Attachment A that includes general hours of
operation, parking needs, and future business plans.
PROPERTY DESCRIPTION: The subject property is located at 331 Metcalf Rd. It is within a long-standing
commercial complex, that houses a variety of uses including vehicle repair, the Vail Valley Soccer Club, White
River Electric, property management companies, and more. As mentioned, this use is located on the third
floor of building 2.
Vicinity Subject Building (2A) at the
Avon Business Service Center
Entrance to the Property
as seen from Metcalf Road
DISCUSSION: Tattoo parlors are permitted in other Commercial and Mixed -Use zone districts within the Town
including Mixed-use Commercial (MC), Town Center (TC), and Shopping Center (SC- Retired). Staff feels
that this use is appropriate within IC and would prefer this use actually not be located within Town Center as
it does not generate sale tax revenue, nor is it a use that benefits a more retail or hospitality environment (at
970-748-4413 jskinner@avon.org
least not on the first level). Staff hypothesizes that when zoning was applied to this area of Avon, it was indeed
more an industrial environment versus what it is today. Staff will be looking to update zoning uses as found
within Avon's Table of Allowed Uses in 2024, and feels that this use should be expanded into the IC zone
district as it is an appropriate use for this area.
PROCESS: Avon Municipal Code ("AMC") Temporary Use Permits lasting over 30 days require a public
hearing and PZC decision. PZC can approve Temporary Use applications for up to three (3) years, subject to
renewal with a subsequent public hearing. Appeals go to the Avon Town Council.
Applications for temporary use permits may be initiated by the owner or lessee of the property for which a
temporary use or structure is desired. A temporary use permit may be extended or renewed by applying for
a new temporary use permit in accordance with the procedures and review criteria of the applicable
Section. A temporary use permit may be issued for any use not allowed as a use by right, or as an
accessory use or special review use in the applicable zone district where temporary use is proposed.
In examining the proposed business, Staff recommended (to the applicant) obtain a Temporary Use Permit
for this business. Recent conversations at both a Staff level and with the PZC centered around looking at the
current Use Table to see if the uses therein were still relevant, and "modern" in 2024. Staff anticipates that
having a 3 -year approval would accommodate sufficient time to update Title 7 as previously contemplated
while permitting the business to continue until the Avon Municipal Code is modified. This would also permit
this business owner to obtain a business license in the interim.
PUBLIC NOTICE: A notice was published in the Vail Daily preceding the initial public hearing date (January
18, 2024). Per the Temporary Use Permit section, real property owners within 300' of the activity were to be
notified prior to hearing. Mailed Notice went out January 23, 2024. No public comments have been received
on this application.
PLANNING ANALYSIS: The PZC shall use the following review criteria as the basis for recommendations
and decisions on applications for a Temporary Use Permit:
REVIEW CRITERIA: Undesignated uses and activities are classified as requiring a Temporary Use
Permit when the activity is not related to a building permit on the subject lot. The following review
criteria per AMC §7.24.080 - Temporary Uses and Structures serve as the basis for a decision on the
application.
1. The temporary use or structure shall not cause unreasonable negative impacts to
properties, residents, business or public uses in the vicinity, which cannot be mitigated through the
imposition of conditions on such temporary use or structure. Such negative impacts to consider
include, but are not limited to: visual, noise, vibration, trash, hours of operation, traffic
congestion, parking, safety, soil and vegetation disturbance, natural resource impacts and
reasonable expectations of enjoyment of property based upon zone district designations and
community planning documents;
Staff Response: This use is contained within an existing building and does not generate any
impacts to neighboring properties any more or less than an office use would. As this is a
"destination" business that has 2 -dedicated parking spots for clients, Staff does not have any
concerns with traffic or parking at this location.
TMP24001 —Temporary Use Permit
February 2, 2024
Page 2 of 7
Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire
protection, roads and transportation, as applicable) will be available to serve the proposed
temporary use or structure while maintaining adequate levels of service for existing development;
Staff Response: The site is accessible and served by all applicable services.
3. The temporary use shall comply with all applicable general and specific regulations of this Section,
other Town ordinances, and state and federal law unless otherwise expressly stated;
Staff Response: All regulations must be adhered to, and some notable regulations are cited in
the recommended conditions of approval for clarity. Notably, this business operator will need a
business license. There are no significant licenses needed from the State for this use.
The applicant has demonstrated that he or she possesses the requisite skills and experience
to ensure that the particular activity will be conducted in a safe and orderly manner;
Staff Response: The business owner has the very specialized skills and experience for this
type of business.
5. The temporary use or structure is not of a nature that will become impractical to cease or remove
over time;
Staff Response: There are no concerns with these uses becoming impractical to cease or
remove. The goal of Staff is to add this use as an allowable/permitted use to this particular zone
district, as it is a use that is compatible and appropriate within the IC zone district in 2024.
Adequate plans or sureties are proposed to guarantee restoration of the property after the
temporary use or structure ceases;
Staff Response: This criterion is not applicable for this use.
All temporary signs associated with the temporary use or structure shall be properly permitted
pursuant to Chapter 15.28, Sign Code, and removed when the activity ends or permit
expires, whichever occurs first;
Staff Response: This business does not currently have any signage, outside of a sticker found
on the door to this 3rd floor unit. Any future (applicable) signs for this business will necessitate a
Sign Permit, per AMC §7.34.010 Sign Code.
8. The temporary use or structure shall not violate any applicable conditions of approval that apply
to a principal use on the site;
Staff Response: This criterion is not applicable for this use.
The temporary use regulations of this Section do not exempt the applicant or operator from any
other required permits, such as food service or building permits;
Staff Response: Agreed. All necessary licensing shall be obtained in addition to this Permit.
TMP24001 —Temporary Use Permit
February 2, 2024
Page 3 of 7
10. The temporary use or structure, including any associated parking and traffic circulation, shall not
disturb sensitive or protected resources, including required buffers, one -hundred -year floodplains
and required landscaping, and the applicant shall agree to restore all disturbed areas of the site
to the condition that existed prior to the temporary use or structure;
Staff Response: This criterion is not applicable for this use, as traffic is limited, and sufficient
parking has been provided.
11. Tents and other temporary structures shall be located so as not to interfere with the
normal operations of any permanent use located on the property, shall be anchored and meet
the requirements of the Building Official, including fire rating;
Staff Response: This criterion is not applicable for this use.
12. Off-street parking shall be adequate to accommodate the proposed temporary use or an
acceptable parking plan shall be approved with the temporary use or structure;
Staff Response: Off-street parking is sufficient for this use.
13. The temporary use will not result in excessive demands for police, ambulance, fire or other
essential public services which may negatively impact the capacity of existing public services to
meet existing public service demands or the applicant agrees to mitigate the increased
demands for public services;
Staff Response: There are no increased demands on public services with this proposal.
14. The size, nature or location of the temporary use or structure is not reasonably likely to cause a
clear and present danger of injury to persons and property;
Staff Response: This criterion is not applicable for this use, as the business is contained within
an existing structure that has been previously vetted and approved to be constructed.
15. Another temporary use permit application has not been received prior in time or has already been
approved for the same time and place requested by the applicant or so close in time and place
to that required by the applicant that the issuance of both permits would cause undue
traffic congestion;
Staff Response: This criterion is not applicable for this use.
16. The location of the temporary use or structure will not substantially interfere with any construction
or maintenance work scheduled to take place upon Town streets; and
Staff Response: This criterion is not applicable for this use.
17. The temporary use or structure shall be for a duration which is appropriate considering the
location, use, planned development and activities in the vicinity and impact on nearby properties;
however, in no event shall a temporary use be granted for more than three (3) years.
Staff Response: No impact is expected for adjacent properties.
TMP24001 —Temporary Use Permit
February 2, 2024
Page 4 of 7
GENERAL REVIEW CRITERIA (applicable to both applications): Conformance with General Review
Criteria in AMC §7.16.010(f)(1), General Criteria, which provides criteria that are applicable to all
development applications:
1. Review Criteria. The reviewing authority shall be the Director when the Director has the
authority to administratively approve a development application. The reviewing authority
shall be the PZC and/or Town Council for all development applications which are subject to
public hearing. The reviewing authority shall review development applications for compliance
with all relevant standards and criteria as set forth in the specific procedures for the
particular application in this Development Code, as well as the following general criteria
which shall apply to all development applications:
(i) The development application is complete;
(ii) The development application provides sufficient information to allow the reviewing
authority to determine that the development application complies with the relevant
review criteria;
(iii) The development application complies with the goals and policies of the Avon
Comprehensive Plan; and
(iv) The demand for public services or infrastructure exceeding current capacity is
mitigated by the development application.
Staff Response: This Temporary Use Permit application is complete. Staff believes sufficient
information exists to allow the PZC to review this application with the applicable review criteria.
This unique Temporary Use Permit will not impact demands for public services or infrastructure
because it is an application within a building and property that was designed to accommodate
sublessees and businesses like this proposed use.
PZC OPTIONS:
• Approve the application as presented incorporating the proposed conditions
• Approve the application with changes
• Continue the public hearing to a specific date
• Recommend Denial, with findings
RECOMMENDED FINDINGS:
TMP24001: TEMPORARY USE PERMIT
1. The temporary use shall comply with all applicable general and specific regulations of this
Section, other Town ordinances, and state and federal law unless otherwise expressly stated;
2. The applicant has demonstrated that they possess the requisite skills and experience to
ensure that the particular activity will be conducted in a safe and orderly manner;
3. Facilities and services (including sewage and waste disposal, water, gas, electricity, police and
fire protection, roads and transportation, as applicable) are available to serve the proposed
temporary use;
4. The temporary use or structure shall not cause unreasonable negative impacts to properties,
TMP24001 —Temporary Use Permit
February 2, 2024
Page 5 of 7
residents, business or public uses in the vicinity;
5. The temporary use is not of a nature that will become impractical to cease or remove over
time, much like other uses within the existing building;
6. Guarantees for restoration are not relevant to this Permit;
7. All signage associated with the temporary use shall be properly permitted pursuant to Chapter
15.28, Sign Code, and removed when the activity ends or permit expires, whichever occurs
first;
8. The temporary use or structure shall not violate any applicable conditions of approval that
apply to the principal use on the site;
9. The temporary use regulations of this Section do not exempt the applicant or operator from any
other required permits;
10. The temporary use shall not disturb exterior factors such as floodplains, etc. as all services are
within an existing structure;
11. Tents and other temporary structures are not applicable to this use;
12. Off-street parking is adequate to accommodate the proposed temporary use as this is a
limited, "appointment -only" type of use.
13. The temporary use will not result in excessive demands for police, ambulance, fire or other
essential public services which may negatively impact the capacity of existing public services;
14. The size, nature or location of the temporary use is not reasonably likely to cause any clear
and present danger of injury to persons and property;
15. This is the only Temporary Use Permit for this property and for this use;
16. The location of the temporary use is within an existing structure and will not substantially
interfere with any construction or maintenance work scheduled to take place upon Town
streets; and
17. The temporary use or structure shall be for a duration which is appropriate considering the
location, use, planned development and activities in the vicinity and impact on nearby
properties.
GENERAL CRITERIA FINDINGS:
1. The application qualifies as a Temporary Use Permit subject to review according to §7.16.020
of the Development Code, and has been applied for by a qualified lessee as is permitted;
2. The development application provides sufficient information to allow the reviewing
authority/PZC to determine that the development applications comply with the relevant review
criteria;
3. The development application complies with the goals and policies of the Avon Comprehensive
Plan; and
4. There is no extra demand for public services or infrastructure exceeding current capacity and
no mitigation is required for this use.
RECOMMENDED MOTION:
"7 move to approve the proposed Temporary Use Permit for a period of three (3) years based on the findings and
including conditions outlined in Staff's report."
Conditions:
The approval is valid until February 6, 2027, and shall run concurrent with the underlying
lease for this business owner. If this business ceases operations prior to the expiration of
this Permit, this Permit shall also terminate accordingly.
The Applicant shall obtain and maintain a Business License in good standing with the
Town of Avon for the duration of the Temporary Use Permit.
ATTACHMENTS:
A. Attachment A: Applicant TMP24001 Permit Application
1/1/24
Jena Skinner
Senior Town Planner
Town of Avon
Subject: Application for 7.24.080 Temporary Use Permit for Quicksand Tattoo
Maus LLC (dba Quicksand Tattoo) is the Lessee (tenent) at 331 Metcalf Rd, unit 2A 8A -8B in
Avon. This property is composed of two buildings and associated parking. Other tenants
included a motorcycle repair shop, multiple electricians, a fire suppression company, a
landscaping business, general contractor, and garage door service company. This request is for
a temporary use permit to operate a tattoo business doing business as Quicksand Tattoo.
General overview of Quicksand Tattoo:
Quicksand Tattoo is a private tattoo studio located at 331 Metcalf Rd in Avon. I, Jeff Maus am
the Owner/Operator of this business. The hours of operation are 10am - 9pm 7 days a week. As
of now I am the only person tattooing here on an appointment only basis. There is no signage
and no walk in traffic. I am planning on bringing in two additional artists starting sometime in
2024, and the current space will be able to accommodate them; however the studio will still
remain private and by appointment only. My intention for this space is to have a safe and
comfortable tattoo studio for artists and clients to share and create their vision together.
7.24.080 Temporary uses and structures
(10)(2)
Quicksand Tattoo is requesting a temporary use permit for a period of three years from the date
of this application.
(E)(5)
This temporary use permit should be classified as "Other. Other temporary uses of a similar
nature as determined by the Director."
(H)(1)
Quicksand Tattoo is located in an existing structure in which all business activities are
conducted inside the unit 2A -8A. Tattooing does not cause noise or disturbance to surrounding
businesses. There is minimal trash involved and is disposed of in the appropriate dumpster.
Since Quicksand Tattoo is a private studio by appointment only so there is minimal impact with
regards to traffic and parking. There is no impact to soil and vegetation or other natural resource
impacts.
(H)(2)
The subject property is located within the Town of Avon, and is currently receiving all public
services such as sewage, waste disposal, water, gas, electricity, police and fire protection,
roads and transportation.
(H)(3)
To the best of my knowledge is in compliance with all applicable general and specific
regulations of this section, other town ordinances, and state and federal law.
Quicksand Tattoo is in compliance with The Colorado Department of Public Health and
Environment: Division of Environmental Health and Sustainability. With respect to Body Art
Establishments 6 CCR 1010-22. A copy of said requirements is attached.
(H)(4)
Jeff Maus is the sole proprietor of Quicksand Tattoo. Jeff Completed his tattoo apprenticeship in
Las Vegas at Ananta Tattoo from August 2019 - November 2020. Jeff has been tattooing full-
time for four years. Examples of work and tattoo studio are attached.
(H)(5)
Quicksand Tattoo is of a general use nature and does not require any specific alterations or
modifications to the structure for a special use.
(H)(6)
No modifications have or need to be made to the exterior of the structure, interior improvements
are a general use nature as illustrated by the attached photographs.
(H)(7)
There are no temporary or permanent signs on the exterior of the building or property.
(H)($)
The temporary use or structure does not violate any applicable conditions of approval that apply
to a principle use on the site.
(H)(9)
Not Applicable.
(H)(10)
Quicksand Tattoo's Lease allows for three parking spaces on the property. There is also an
overflow paved parking lot on the property which does not affect any natural environment.
(H)(11)
Not Applicable.
(H)(12)
Quicksand Tattoo's Lease allocates 3 parking spaces for the business, plus additional overflow
parking.
(H)(13)
Not Applicable.
(H)(14)
The size, nature or location of the temporary use or structure is not reasonably likely to cause a
clear and present danger of injury to persons and property.
(H)(15)
There are no other temporary use applications on behalf of Quicksand Tattoo.
(H)(16)
The location of the temporary use or structure will not interfere with construction or town
maintenance.
(H)(17)
The temporary use permit requested is for a period of three years.
COMMERCIAL LEASE AGREEMENT
THE PARTIES. This Lease Agreement agreed on October 13 2023 is between:
The Lessor is a business entity known as Mountain Properties Associates with a mailing address of PO
Box 3738, Vail, Colorado, 81658, hereinafter referred to as the "Lessor."
AND
The Lessee is a business entity known as Quicksand Tattoo with a mailing address of the Property's
Address, hereinafter referred to as the "Lessee."
The Lessor and Lessee hereby agree as follows:
DESCRIPTION OF LEASED PREMISES. The Lessor agrees to lease to the Lessee the following
described 1532 square feet (SF) of office space located at 331 Metcalf Road, Avon, Colorado, 81620.
Additional Description: 2A 8A -8B
Hereinafter referred to as the "Premises".
USE OF LEASED PREMISES. The Lessor is leasing the Premises to the Lessee and the Lessee is
hereby agreeing to lease the Premises for Office space.
Any change in use or purpose of the Premises other than as described above shall be upon prior written
consent of Lessor only otherwise the Lessee will be considered in default of this Lease Agreement.
EXCLUSIVE USE. The Lessee shall not hold exclusive rights on the Premises. The Lessor shall hold
the rights to lease other areas of the Property to any same or like use as the Lessee.
TERM OF LEASE. This Lease shall commence on November 12023 and expire at Midnight on
October 312024 ("Initial Term").
RENT AMOUNT. Payment shall be made by the Lessee to the Lessor in the amount of $ for the
Initial Term of this Lease Agreement hereinafter referred to as the "Rent."
RENT PAYMENT. The Rent shall be paid under the following instructions:
Rent shall be paid by the Lessee to the Lessor on a per month basis with payment due no later than the
1st of every month.
Rent shall be paid by the Lessee to the Lessor's aforementioned mailing address.
RETURNED CHECKS (NSF). If the Lessee attempts to pay Rent with a check that is not deemed
valid by a financial institution due to non -sufficient funds, or any other reason for it to be returned, the
Lessee will be subject to a fee of $50.00 in addition to any late fee.
Page 1
LATE FEE. The Lessor shall charge a late payment fee if rent is not paid on time in the following
amount:
The Lessee shall be charged a late fee in the amount of 5% of the monthly rent amount per occurrence
if payment is not made after the 10th day after it is due.
OPTION TO RENEW. The Lessee shall have the right to renew this Agreement under the following
conditions:
Lessee shall have the right to renew this Lease Agreement, along with any renewal period, and be
required to exercise such renewal period(s) by giving written notice via certified mail to the Lessor no
less than 60 days prior to the expiration of the Initial Term or any subsequent renewal period. The
Lessee shall have a total of 1 renewal periods which will continue to abide by the same covenants,
conditions and provisions as provided in this Lease Agreement as described:
RENEWAL PERIODS
The first (1st) renewal period shall begin on November 12024 and end on October 312025 with the
Rent to be paid per month with the Rent for the renewal period to be negotiated in good faith upon the
Lessee providing notice of their intention to renew.
EXPENSES. In accordance with a Triple Net (NNN) Lease the responsibility of the expenses shall be
attributed to the following:
It is the intention of the Parties, and they hereby agree, that in addition to the Rent, the Lessee shall be
obligated to pay the following expenses to the Lessor on a per month basis:
OPERATING EXPENSES. The Lessor shall have no obligation to provide any services, perform any
acts or pay any expenses, charges, obligations or costs of any kind whatsoever with respect to the
Premises, and Lessee hereby agrees to pay one -hundred percent (100%) of any and all Operating
Expenses as hereafter defined for the entire term of the Lease and any renewals thereof in accordance
with specific provisions hereinafter set forth. The term "Operating Expenses" shall include all costs to
Lessor of operating and maintaining the Premises, and shall include, without limitation, real estate, and
personal property taxes and assessments, management fee(s), heating, air conditioning, HVAC,
electricity, water, waste disposal, sewage, operating materials and supplies, service agreements and
charges, lawn care, snow removal, restriping, repairs, repaving, cleaning and custodial, security,
insurance, the cost of contesting the validity or applicability of any governmental acts which may affect
operating expenses, and all other direct operating costs of operating and maintaining the Premises and
related parking areas, unless expressly excluded from operating expenses.
TAXES. Lessee shall pay, during the term of this Lease, the real estate taxes and special taxes and
assessments (collectively, the "taxes") attributable to the Premises and accruing during such term. The
Lessee shall pay to Lessor said taxes on a monthly basis, based on one -twelfth (1/12) of the estimated
annual amount for taxes. Taxes for any fractional calendar year during the term hereof shall be
prorated. In the event Lessee does not make any tax payment required hereunder, Lessee shall be in
default of this Lease.
Page 2
INSURANCE. The Lessee shall provide and maintain personal liability and property damage
insurance. The Lessee and will designate the Lessor as an "also named insured". The Lessee shall
provide the Lessor with a copy of such insurance certification or policy prior to the effective date of
this Lease Agreement. The insurance shall protect and indemnify the Lessor of any injury, death, or
property damage to occur on the property to the limits of $1,000,000.00.
UTILITIES. The Lessee shall be responsible for any and all utilities to the Premises in relation to the
total property area.
SECURITY DEPOSIT. A security deposit in the amount of $500.00 shall be due and payable in
advance upon the signing of this Lease and which amount shall be held in escrow by the Lessor in a
separate, interest-bearing savings account as security for the faithful performance of the terms and
conditions of the Lease.
Provided the Premises is returned to the Lessor in the same condition as the Start the Initial Term, less
any normal "wear and tear", the Lessee shall have their Security Deposit amount of $500.00 returned
within 30 days.
FURNISHINGS. The Lessor will not provide any furnishings to the Lessee under this Lease.
PARKING. Parking shall be provided to the Lessee in a shared manner provided on the Premises.
There shall be a total number of 3 parking spaces provided to the Lessee.
There shall be no fee charged to the Lessee for the use of the Parking Space(s).
LEASEHOLD IMPROVEMENTS. The Lessee agrees that no leasehold improvements, alterations or
changes of any nature, (except for those listed on any attached addenda) shall be made to the leasehold
Premises or the exterior of the building without first obtaining the consent of the Lessor in writing,
which consent shall not be unreasonably withheld, and thereafter, any and all leasehold improvements
made to the Premises which become affixed or attached to the leasehold Premises shall remain the
property of the Lessor at the expiration or termination of this Lease Agreement. Furthermore, any
leasehold improvements shall be made only in accordance with applicable federal, state or local codes,
ordinances or regulations, having due regard for the type of construction of the building housing the
subject leasehold Premises. If the Lessee makes any improvements to the Premises the Lessee shall be
responsible for payment.
Nothing in the Lease shall be construed to authorize the Lessee or any other person acting for the
Lessee to encumber the rents of the Premises or the interest of the Lessee in the Premises or any person
under and through whom the Lessee has acquired its interest in the Premises with a mechanic's lien or
any other type of encumbrance. Under no circumstance shall the Lessee be construed to be the agent,
employee or representative of Lessor. In the event a lien is placed against the Premises, through actions
of the Lessee, Lessee will promptly pay the same or bond against the same and take steps immediately
to have such lien removed. If the Lessee fails to have the Lien removed, the Lessor shall take steps to
remove the lien and the Lessee shall pay Lessor for all expenses related to the Lien and removal thereof
and shall be in default of this Lease.
LICENSES AND PERMITS. A copy of any and all local, state or federal permits acquired by the
Lessee which are required for the use of the Premises shall be kept on-site at all times and shall be
Page 3
readily accessible and produced to the Lessor and/or their agents or any local, state, or federal officials
upon demand.
MAINTENANCE. The Lessee shall be responsible for all repairs and maintenance on the Premises
due to normal wear and tear on the Premises. Particularly items which need immediate attention
including but not limited to, the replacement of light bulbs, normal repair and cleaning of windows,
cleaning of bathrooms, clearing of toilets, etc. The Lessee shall properly maintain the premises in a
good, safe and clean condition and shall properly and promptly remove all rubbish and hazardous
wastes and see that the same are properly disposed of according to all local, state or federal laws, rules
regulations or ordinances.
In the event the Premises is damaged as a result of any neglect or negligence of Lessee, his employees,
agents, business invitees, or any independent contractors serving the Lessee or in any way as a result of
Lessee's use and occupancy of the premises, then the Lessee shall be primarily responsible for seeing
that the proper claims are placed with the Lessee's insurance company, or the damaging party's
insurance company, and shall furthermore be responsible for seeing that the building is safeguarded
with respect to said damage and that all proper notices with respect to said damage, are made in a
timely fashion, including notice to the Lessor, and the party or parties causing said damage.
SALE OF PROPERTY. Lessee shall, in the event of the sale or assignment of Lessor's interest in the
building of which the premises form a part, or in the event of any proceedings brought for the
foreclosure of, or in the event of exercise of the power of sale under any mortgage made by Lessor
covering the premises, attorn to the purchaser and recognize such purchaser as Lessor under this Lease.
INSURANCE. In the event Lessee shall fail to obtain insurance required hereunder and fails to
maintain the same in force continuously during the term, Lessor may, but shall not be required to,
obtain the same and charge the Lessee for same as additional rent. Furthermore, Lessee agrees not to
keep upon the premises any articles or goods which may be prohibited by the standard form of fire
insurance policy, and in the event the insurance rates applicable to fire and extended coverage covering
the premises shall be increased by reason of any use of the premises made by Lessee, then Lessee shall
pay to Lessor, upon demand, such increase in insurance premium as shall be caused by said use or
Lessee's proportionate share of any such increase.
SUBLET/ASSIGNMENT. The Lessee may not transfer or assign this Lease, or any right or interest
hereunder or sublet said leased premises or any part thereof.
DAMAGE TO LEASED PREMISES. In the event the building housing the leased premises shall be
destroyed or damaged as a result of any fire or other casualty which is not the result of the intentional
acts or neglect of Lessee and which precludes or adversely affects the Lessee's occupancy of the leased
premises, then in every such cause, the rent herein set forth shall be abated or adjusted according to the
extent to which the Premises have been rendered unfit for use and occupation by the Lessee and until
the demised premises have been put in a condition at the expense of the Lessor, at least to the extent of
the value and as nearly as possible to the condition of the premises existing immediately prior to such
damage. It is understood, however, in the event of total or substantial destruction to the Premises that in
no event shall the Lessor's obligation to restore, replace or rebuild exceed an amount equal to the sum
of the insurance proceeds available for reconstruction with respect to said damage.
The Lessee shall, during the term of this Lease, and in the renewal thereof, at its sole expense, keep the
interior of the leased premises in as good a condition and repair as it is at the date of this Lease,
Page 4
reasonable wear and use excepted. This obligation would include the obligation to replace any plate
glass damaged as a result of the neglect or acts of Lessee or her guests or invitees. Furthermore, the
Lessee shall not knowingly commit nor permit to be committed any act or thing contrary to the rules
and regulations prescribed from time to time by any federal, state or local authorities and shall
expressly not be allowed to keep or maintain any hazardous waste materials or contaminates on the
premises. Lessee shall also be responsible for the cost, if any, which would be incurred to bring her
contemplated operation and business activity into compliance with any law or regulation of a federal,
state or local authority.
HAZARDOUS MATERIALS LAWS. Shall mean any and all federal, state, or local laws, ordinances,
rules, decrees, orders, regulations, or court decisions relating to hazardous substances, hazardous
materials, hazardous waste, toxic substances, environmental conditions on, under, or about the
Premises, the Building, or the Property, or soil and ground water conditions, including, but not limited
to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA),
the Resource Conservation and Recovery Act (RCRA), the Hazardous Materials Transportation Act,
any other law or legal requirement concerning hazardous or toxic substances, and any amendments to
the foregoing.
LESSEE'S DEFAULT AND POSSESSION. In the event that the Lessee shall fail to pay said rent and
expenses as set forth herein, or any part thereof, when the same are due and payable, or shall otherwise
be in default of any other terms of said Lease for a period of more than 30 days, after receiving notice
of said default, then the parties hereto expressly agree and covenant that the Lessor may declare the
Lease terminated and may immediately re-enter said premises and take possession of the same together
with any of Lessee's personal property, equipment or fixtures left on the premises which items may be
held by the Lessor as security for the Lessee's eventual payment and/or satisfaction of rental defaults or
other defaults of Lessee under the Lease. It is further agreed, that if the Lessee is in default, that the
Lessor shall be entitled to take any and all action to protect its interest in the personal property and
equipment, to prevent the unauthorized removal of said property or equipment which threatened action
would be deemed to constitute irreparable harm and injury to the Lessor in violation of its security
interest in said items of personal property. Furthermore, in the event of default, the Lessor may
expressly undertake all reasonable preparations and efforts to release the Premises including, but not
limited to, the removal of all inventory, equipment or leasehold improvements of the Lessee's, at the
Lessee's expense, without the need to first procure an order of any court to do so, although obligated in
the interim to undertake reasonable steps and procedures to safeguard the value of Lessee's property,
including the storage of the same, under reasonable terms and conditions at Lessee's expense, and, in
addition, it is understood that the Lessor may sue the Lessee for any damages or past rents due and
owing and may undertake all and additional legal remedies then available.
LESSOR'S DEFAULT. The Lessee may send written notice to the Lessor stating duties or obligations
that have not been fulfilled under the full performance of this Lease Agreement. If said duties or
obligations have not been cured within 60 days from receiving such notice, unless the Lessor needs to
more time to cure or remedy such issue in accordance with standard industry protocol, then the Lessor
shall be in default of this Lease Agreement.
If the Lessor should be in default the Lessee shall have the option to terminate this Lease Agreement
and be held harmless against any of its terms or obligations.
DISPUTES. If any dispute should arise in relation to this Lease Agreement the Lessor and Lessee shall
first negotiate amongst themselves in "good faith." Afterwards, if the dispute is not resolved then the
Page 5
Lessor and Lessee shall seek mediation in accordance with the laws in the State of Colorado. If the
Lessor and Lessee fail to resolve the dispute through mediation then the American Arbitration
Association shall be used in accordance with their rules. Lessor and Lessee agree to the binding effect
of any ruling or judgment made by the American Arbitration Association.
INDEMNIFICATION. The Lessee hereby covenants and agrees to indemnify, defend and hold the
Lessor harmless from any and all claims or liabilities which may arise from any cause whatsoever as a
result of Lessee's use and occupancy of the premises, and further shall indemnify the Lessor for any
losses which the Lessor may suffer in connection with the Lessee's use and occupancy or care, custody
and control of the premises. The Lessee also hereby covenants and agrees to indemnify and hold
harmless the Lessor from any and all claims or liabilities which may arise from any latent defects in the
subject premises that the Lessor is not aware of at the signing of the lease or at any time during the
lease term.
BANKRUPTCY - INSOLVENCY. The Lessee agrees that in the event all or a substantial portion of
the Lessee's assets are placed in the hands of a receiver or a Trustee, and such status continues for a
period of 30 days, or should the Lessee make an assignment for the benefit of creditors or be
adjudicated bankrupt, or should the Lessee institute any proceedings under the bankruptcy act or any
amendment thereto, then such Lease or interest in and to the leased premises shall not become an asset
in any such proceedings and, in such event, and in addition to any and all other remedies of the Lessor
hereunder or by law provided, it shall be lawful for the Lessor to declare the term hereof ended and to
re-enter the leased land and take possession thereof and all improvements thereon and to remove all
persons therefrom and the Lessee shall have no further claim thereon.
SUBORDINATION AND ATTORNMENT. Upon request of the Lessor, Lessee will subordinate its
rights hereunder to the lien of any mortgage now or hereafter in force against the property or any
portion thereof, and to all advances made or hereafter to be made upon the security thereof, and to any
ground or underlying lease of the property provided, however, that in such case the holder of such
mortgage, or the Lessor under such Lease shall agree that this Lease shall not be divested or in any way
affected by foreclosure, or other default proceedings under said mortgage, obligation secured thereby,
or Lease, so long as the Lessee shall not be in default under the terms of this Lease. Lessee agrees that
this Lease shall remain in full force and effect notwithstanding any such default proceedings under said
mortgage or obligation secured thereby.
Lessee shall, in the event of the sale or assignment of Lessor's interest in the building of which the
Premises form a part, or in the event of any proceedings brought for the foreclosure of, or in the event
of exercise of the power of sale under any mortgage made by Lessor covering the Premises, attorn to
the purchaser and recognize such purchaser as Lessor under this Lease.
USAGE BY LESSEE. Lessee shall comply with all rules, regulations and laws of any governmental
authority with respect to use and occupancy. Lessee shall not conduct or permit to be conducted upon
the premises any business or permit any act which is contrary to or in violation of any law, rules or
regulations and requirements that may be imposed by any authority or any insurance company with
which the premises is insured, nor will the Lessee allow the premises to be used in any way which will
invalidate or be in conflict with any insurance policies applicable to the building. In no event shall
explosives or extra hazardous materials be taken onto or retained on the premises. Furthermore, Lessee
shall not install or use any equipment that will cause undue interference with the peaceable and quiet
enjoyment of the premises by other Lessees of the building.
Page 6
SIGNAGE. Lessee shall not place on any exterior door, wall or window of the premises any sign or
advertising matter without Lessor's prior written consent and the approval of the local municipality.
Thereafter, Lessee agrees to maintain such sign or advertising matter as first approved by Lessor in
good condition and repair. Furthermore, Lessee shall conform to any uniform reasonable sign plan or
policy that the Lessor may introduce with respect to the building. Upon vacating the premises, Lessee
agrees to remove all signs and to repair all damages caused or resulting from such removal.
PETS. Pets shall be allowed on the Premises with the following restrictions: Only well trained dogs
and cats allowed. No exotic animals.
The Lessee shall be fully responsible for damage caused by any such Pet on the Premises.
CONDITION OF PREMISES/INSPECTION BY LESSEE. The Lessee acknowledges they have
had the opportunity to inspect the Premises and acknowledges with its signature on this Lease that the
Premises are in good condition and comply in all respects with the requirements of this Lease. The
Lessor makes no representation or warranty with respect to the condition of the premises or its fitness
or availability for any particular use, and the Lessor shall not be liable for any latent or patent defect
therein. The Lessee represents that Lessee has inspected the premises and is leasing and will take
possession of the premises with all current fixtures present in their "as is" condition as of the date
hereof.
AMERICANS WITH DISABILITY ACT. Per 42 U.S. Code § 12183 if the Lessee is using the
Premises as a public accommodation (e.g. restaurants, shopping centers, office buildings) or there are
more than 15 employees the Premises must provide accommodations and access to persons with
disabilities that is equal or similar to that available to the general public. Owners, operators, lessors,
and lessees of commercial properties are all responsible for ADA compliance. If the Premises is not in
compliance with the Americans with Disability Act any modifications or construction will be the
responsibility of the Lessee.
RIGHT OF ENTRY. It is agreed and understood that the Lessor and its agents shall have the complete
and unencumbered right of entry to the Premises at any time or times for purposes of inspecting or
showing the Premises and for the purpose of making any necessary repairs to the building or equipment
as may be required of the Lessor under the terms of this Lease or as may be deemed necessary with
respect to the inspection, maintenance or repair of the building. In accordance with State and local
laws, the Lessor shall have the right to enter the Premises without the consent of the Lessee in the event
of an emergency.
ESTOPPEL CERTIFICATE. Lessee at any time and from time to time, upon at least ten (10) days
prior notice by Lessor, shall execute, acknowledge and deliver to Lessor, and/or to any other person,
firm or corporation specified by Lessor, a statement certifying that the Lease is unmodified and in full
force and effect, or if the Lease has been modified, then that the same is in full force and effect except
as modified and stating the modifications, stating the dates to which the fixed rent and additional rent
have been paid, and stating whether or not there exists any default by Lessor under this Lease and, if
so, specifying each such default.
HOLDOVER PERIOD. Should the Lessee remain in possession of the Premises after the
cancellation, expiration or sooner termination of the Lease, or any renewal thereof, without the
execution of a new Lease or addendum, such holding over in the absence of a written agreement to the
contrary shall be deemed to have created and be construed to be a tenancy from month to month with
Page 7
the Rent to be due and payable in the same amount as the previous month, terminable upon 30 days'
notice by either party.
WAIVER. Waiver by Lessor of a default under this Lease shall not constitute a waiver of a subsequent
default of any nature.
GOVERNING LAW. This Lease shall be governed by the laws of the State of Colorado.
NOTICES. Notices shall be addressed to the following:
Lessee: Quicksand Tattoo
331 Metcalf Road, Avon, Colorado, 81620
Common Area Maintenance shall include but is not limited to: snow plowing, trash removal,
landscaping, electricity in common areas, general maintenance/cleaning of common areas, and water in
common areas.
The $500 security deposit listed in this lease was collected upon signature of the original lease signed
September 2021.
The tenant will have the option to negotiate a lease renewal starting 60 days before the current lease
end.
Landlord reserves the right to collect additional CAM/INS and TAX. This will be requested by March
1st, 2024 to be paid by April 1st, 2024.
AMENDMENT(S). No amendment of this Lease shall be effective unless reduced to writing and
subscribed by the parties with all the formality of the original.
SEVERABILITY. If any term or provision of this Lease Agreement is illegal, invalid or
unenforceable, such term shall be limited to the extent necessary to make it legal and enforceable, and,
if necessary, severed from this Lease. All other terms and provisions of this Lease Agreement shall
remain in full force and effect.
BINDING EFFECT. This Lease and any amendments thereto shall be binding upon the Lessor and
the Lessees and/or their respective successors, heirs, assigns, executors and administrators.
LESSOR SIGNATURE
Signature Date
Kendall Wilson Barrios, property Manager of Mountain properties Associates
Page 8
LESSEE SIGNATURE
Signature.
Jeff Maus,
Owner
Date
Page 9
To Whom It May Concern:
This letter is to certify that Jeff Maus is tattooing under Quicksand Tattoo at Avon
Business Service Center. This has been deemed permissible by Mountain Properties
Associates (the property management company).
There are no issues with parking on the property and there have been no complaints.
Please reach out with any questions.
Kendall Wilson Barrios
Mountain Properties Associates
(970) 389-1588
kendallwbarrios(a-)-gmail. com
To whom it may concern,
Please accept this letter as a reference of the outstanding character and integrity of
Jeff Maus, Owner and artist at Quicksand Tattoo. I have come to know Jeff both
personally and professionally, and I can confidently say that he is an asset to the
community of Avon in both respects. I have seen him be proactive in his interactions
with other businesses here at ABSC, and he has followed the rules and regulations of
the property without exception. I personally feel that Quicksand Tattoo would be an
appropriate and valuable addition to the property, as well as the Town of Avon.
Should you have any questions or need more information concerning this letter,
please do not hesitate to contact me by phone or email.
Respectfully,
Dan the Wrench
970-376-5768
danthewrench@gmail.com
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Division of Environmental Health and Sustainability
BODY ART ESTABLISHMENTS
6 CCR 1010-22
[Editor's Notes follow the text of the rules at the end of this CCR Document.]
SECTION 1: DEFINITIONS AND PURPOSE
1-101 The purpose of these regulations is to establish the safe and sanitary practice of body art, the safe
and sanitary physical environment where body art is performed, and the safe and sanitary conditions of
equipment utilized in body art procedures.
1-102 Definitions
(a) AFTERCARE INSTRUCTIONS mean written instructions given to the client, specific to the
body art procedure(s) rendered. These instructions shall include information regarding
when to seek medical treatment, if necessary.
(b) ANTISEPTIC means a substance that inhibits growth of bacteria and other microorganisms
when applied to the skin (e.g., chlorhexadine gluconate, alcohol, iodophor). It should not
be used to decontaminate inanimate objects.
(c) BODY ART ESTABLISHMENT means any location, whether temporary or permanent, where
the practices of body art are performed.
(d) BODY ART means the practice of physical body adornment by - establishments or artists
utilizing, but not limited to, the techniques of body piercing, tattooing, branding, sculpting,
and scarification. This definition does not include practices conducted under the
supervision of a physician licensed to practice medicine under Colorado law nor piercing
of the outer perimeter or lobe of the ear by means of sterilized stud -and -clasp ear
piercing systems.
(e) BODY ARTIST means any person who performs body art procedures.
(f) BRANDING means a potentially invasive procedure in which a permanent mark is burned into
or onto the skin using either temperature, mechanical or chemical means.
(g) CONTAMINATED means the presence or reasonably anticipated presence of blood,
infectious materials or other types of impure materials that have corrupted a surface or
item through contact.
(h) CONTAMINATION means to make unfit for use by the introduction or potential introduction of
blood, infectious materials or other types of impure materials.
(i) DEPARTMENT means the Colorado Department of Public Health and Environment, or its
authorized agents, and employees.
Code of Colorado Regulations
(j) DISINFECTANT means an EPA registered hospital grade disinfectant which has effectiveness
against Salmonella cho/erasesuis, Staphylococcus aureus and Pseudomonas aeruginosa
or a 1:100 dilution of 5.25% sodium hypochlorite (chlorine bleach) and water, made fresh
daily, dispensed from a spray bottle, and used to decontaminate inanimate objects and
surfaces.
(k) DISINFECTION means to destroy or inhibit pathogenic microorganisms on inanimate objects
or surfaces.
(1) GLOVES mean those which are disposable and single use, and are labeled for surgical or
examination purposes. Gloves for instrument cleaning shall be heavy-duty, multi -use and
waterproof.
(m) HECTOGRAPHIC means a copy made from a prepared gelatin surface to which the original
document has been transferred.
(n) INFECTIOUS WASTE or REGULATED WASTE means blood or other potentially infectious
materials; contaminated items that would release blood or other potentially infectious
materials; items caked with blood or other potentially infectious materials that can release
these materials upon handling; contaminated sharps; and human pathological/anatomical
waste.
(o) INVASIVE means entry through the skin or mucosa either by incision or insertion of an
instrument body ornament, or any other means.
(p) JEWELRY means any ornament inserted into the body, which must be made of surgical
implant -grade stainless steel; solid 14k or 18k white or yellow gold; niobium, titanium, or
platinum; or a dense, low -porosity plastic, which is free of nicks, scratches, or irregular
surfaces.
(q) PERSON IN CHARGE means the owner, manager or individual(s) present at the body art
establishment who is responsible for the operation at the time of an inspection. If no
individual is responsible, then any employed person present is the person in charge. If
multiple body artists share operation of the establishment, then each artist shall be
considered a person in charge and shall be accountable for all requirements of this
regulation with regard to common areas and practices in addition to his/her own separate
areas and practices.
(r) PIERCING means puncturing or penetration of the skin or mucosa of a person and the
insertion of jewelry or other adornment in the opening, except that puncturing of the outer
perimeter or lobe of the ear with sterilized stud -and -clasp ear piercing system shall not be
included.
(s) PRE -STERILIZED INSTRUMENTS mean those that are commercially sterilized by the
manufacturer. Packaging shall bear a legible sterilization lot number and expiration date.
(t) PROCEDURE AREA means any surface of an inanimate object that contacts the client's skin
during a body art procedure and all surfaces where instruments and supplies are placed
during a procedure.
(u) SCARIFICATION means an invasive procedure in which the intended result is the production
of scar tissue on the surface of the skin.
(v) SCULPTING means a modification of the skin, mucosa, cartilage, or tissue of the body for
non-medical purposes.
Code of Colorado Regulations 2
(w) SHARPS CONTAINER means a puncture -resistant, leak -proof, rigid container that can be
closed for handling, storage, transportation and disposal and is labeled with the Universal
Biological Hazard Symbol.
(x) SHARPS mean all objects (sterile or contaminated) that may purposely or accidentally cut the
skin or mucosa including, but not limited to, single use needles, scalpel blades and razor
blades. It does not include disposable safety razors which have not broken the skin.
(y) STERILIZATION means a process that results in the total destruction of all forms of microbial
life, including highly resistant bacterial spores.
(z) STERILIZER means an autoclave that is designed and labeled by the manufacturer as a
medical instrument sterilizer and is used for the destruction of microorganisms and their
spores.
(aa) TATTOOING means inserting pigment under the surface of the human skin or mucosa by
pricking with a needle or other means, to permanently change the color or appearance of
the human skin or to produce an indelible mark or figure visible through the human skin.
(bb) UNIVERSAL PRECAUTIONS mean a set of precautions designed to prevent transmission
of human immunodeficiency virus (HIV), hepatitis B and other bloodborne pathogens as
defined by the Centers for Disease Control. Under Universal Precautions, blood and
certain body fluids of all individuals are considered infectious.
SECTION 2: MINIMUM REQUIREMENTS FOR BODY ARTISTS
2-201 All body artists shall comply with the following:
(a) Possess and demonstrate knowledge of Universal Precautions, disinfection and sterilization
techniques, procedures for infection and exposure control required in section 7-701 (a),
and the Infectious Waste Management Plan required in Section 7-701(b)4.
(b) Receive vaccination against hepatitis B (HBV) or provide a written statement to the manager
or owner of the body art establishment stating that he or she declines the vaccination.
SECTION 3: MINIMUM REQUIREMENTS FOR BODY ART ESTABLISHMENTS
3-301 The body art establishment must have a person(s) in charge at all times who is responsible for the
operation.
3-302 The following information on each employee of a body art establishment shall be on file and
available for inspection by the Department.
(a) Full legal name
(b) Home address
(c) Home phone number
(d) Proof that all employees handling sharps and/or infectious waste have either completed or
were offered and declined, in writing, the hepatitis B vaccination series. This offering shall
be included as a pre-employment requirement and comply with 2-201 (b)
3-303 The person in charge shall have access to the following information and it shall be on the premises
for review by the Department:
Code of Colorado Regulations 3
(a) Contract or agreement for sharps disposal and/or other Infectious/Regulated Waste disposal
(b) Spore test log and test results
(c) Client records
(d) Manufacturer's information on sterilization equipment
(e) Infection and exposure control written procedures
SECTION 4: CLIENT RECORDS
4-401 The person in charge shall have access to and shall maintain client records on the premise for a
minimum of three (3) years. The client records shall be available for review by the Department.
4-402 The following information shall be documented and used by the body artist to determine the
client's suitability for receiving a body art procedure. In order to assure insofar as possible the proper
healing of a client following a body art procedure, the client shall be asked to disclose if he/she has any of
the following:
(a) Diabetes
(b) Hemophilia
(c) Skin diseases or skin lesions
(d) Allergies or adverse reactions to latex, pigments, dyes, disinfectants, soaps or metals
(e) Treatment with anticoagulants or other medications that thin the blood and/or interfere with
blood clotting
(f) Any other information that would aid the body artist in the client's body art healing process
evaluation
4-403 Client consent form for all procedures shall include the following:
(a) Name, address and current phone number of the client
(b) Date of the procedure
(c) The type and location of the body art
(d) Documentation that both written and verbal instructions regarding risks, outcome and
aftercare were given to the client including:
1. Name, address, and phone number of the establishment and the name of the body
artist who performed the procedure;
2. Direction of when to consult a physician to include signs of infection, allergic reaction
and expected duration of healing;
3. Detailed description of how to care for the body art procedure site;
4. Explanation that body art should be considered permanent; and
Code of Colorado Regulations 4
5. Possible side effects from the procedure.
SECTION 5: FACILITY AND OPERATIONAL REQUIREMENTS
5-501 All procedure areas and instrument cleaning areas shall have floors, walls and ceilings constructed
of smooth, nonabsorbent and easily cleanable material. Outer openings shall provide protection against
contamination from dust and other contaminants.
5-502 Toilet facilities shall be provided and shall be made available to both patrons and employees
during all business hours. Floors and walls within toilet facilities shall be constructed of smooth,
nonabsorbent and easily cleanable material.
5-503 The premises shall be maintained clean and in good repair.
5-504 At least fifty (50) foot candles of artificial light shall be provided at the level where the body art
procedure is performed and in instrument cleaning and sterilization areas.
5-505 All surfaces, including, but not limited to, counters, tables, equipment, chairs, recliners, shelving
and cabinets in the procedure area and instrument cleaning room shall be made of smooth, nonabsorbent
materials to allow for easy cleaning and disinfection.
5-506 Hand sinks shall be supplied with hot and cold running water delivered through a mixing faucet
and under pressure. Hand sinks shall be easily accessible to each procedure area and shall be located
so that one artist does not potentially contaminate another artist's area. Each hand sink shall be provided
with soap and disposable towels or a hand -drying device providing heated air. In addition, a hand sink
shall be provided in or adjacent to each toilet room.
5-507 Distinct, separate areas shall be used for cleaning equipment, wrapping/packaging equipment,
and for the handling and storage of sterilized equipment.
5-508 Instrument cleaning sinks, hand -washing sinks, and, where provided, utility sinks shall be separate
and shall only be used for their designated purpose.
5-509 Water shall be supplied from a source approved by the Department.
5-510 Sewage, including liquid wastes, shall be discharged to a sanitary sewer or to a sewage system
constructed, operated and maintained according to law.
5-511 Refuse, excluding infectious wastes, shall be placed in a lined waste receptacle and disposed of at
a frequency that does not create a health or sanitation hazard.
5-512 All facilities shall have a waiting area that is separate from the body art procedure area, and from
the instrument cleaning, sterilization, and storage areas.
5-513 Reusable cloth items shall be mechanically washed with detergent in water at a minimum of 140°
F, unless an approved disinfectant is applied in the rinse cycle or the dryer uses heat above 140° F as
specified by the manufacturer. Clean cloth items shall be stored in a clean, dry environment until used.
Soiled laundry shall be stored in a nonabsorbent container until removed for laundering and shall be
stored separate from clean cloths.
5-514 Animals shall not be allowed in the body art procedure areas, or the instrument cleaning,
sterilization, or storage areas. Fish aquariums and/or service animals shall be allowed in waiting rooms
and non -procedural areas.
Code of Colorado Regulations 5
5-515 All chemicals shall be labeled with contents, properly stored, and used according to label
instructions.
5-516 All body art establishments shall be completely separated from areas used for human habitation,
food preparation, or other such activities that may cause potential contamination of work surfaces.
5-517 Utensil washing and utility sinks with threaded faucets shall be equipped with back flow prevention
devices approved by the Department.
5-518 Sharps and Infectious/Regulated Waste must be handled in a manner consistent with §25-15-401,
CRS.
(a) Discarded sharps shall be disposed of in sharps containers.
(b) Infectious/Regulated waste other than sharps shall be placed in impervious, tear resistant,
plastic bags, which are red in color and marked with the Universal Biological Hazard
Symbol.
(c) Sharps and Infectious/Regulated waste shall be disposed of by an approved, off-site
treatment facility, or waste may be treated on-site if the treatment complies with all
federal, state and local requirements.
(d) On-site treatment requires a written plan outlining disposal as required in Section 7-701(b)4.
SECTION 6: TEMPORARY, SPECIAL EVENT AND MOBILE BODY ART REQUIREMENTS
6-601 All provisions of these regulations shall apply with the following exceptions:
(a) Hand wash facilities shall be easily accessible to each procedure area and designated for use
by artists only. Hand wash facilities shall comply with 5-506 or, temporary hand wash
facilities shall consist of soap, single use paper towels and an adequate supply of potable
water dispensed through a continuous flow spout. Wastewater shall be collected and
disposed of in a sanitary manner.
(b) Body artists may bring pre -sterilized instruments, or instruments which have been sterilized at
another location with documentation showing a negative spore test result within the
previous 30 days. On site sterilization units may be used and shall comply with Section 8-
803.
6-602 After the last procedure is completed, all procedure areas shall be cleaned and disinfected.
SECTION 7: INFECTION AND EXPOSURE CONTROL WRITTEN PROCEDURES
7-701 Written Procedures
(a) Every body art establishment shall have and comply with written procedures for infection and
exposure control. All procedures developed for the written plan shall be in compliance
with standards, and all local and state regulations.
(b) These written procedures shall include, but are not limited to:
1. Instrument cleaning and sterilization
2. Cleaning and disinfection of the procedure area(s), as required in Section 9-902(g)
Code of Colorado Regulations 6
3. Universal Precautions procedures
4. Infectious Waste Management plan, consistent with CRS 25-15-401, including
segregation, identification, packaging, storage, transport, treatment, disposal and
contingency planning for blood spills or loss of containment of
Infectious/Regulated Waste.
SECTION 8: INSTRUMENTS/STERILIZATION
8-801 Instrument Cleaning
(a) All instruments that penetrate body tissue shall be properly cleaned prior to packaging and
sterilization. All other instruments shall be cleaned and disinfected after each use.
(b) All instruments placed in the procedure area shall be repackaged and re sterilized.
(c) Employees shall wear heavy-duty, multi -use, and waterproof gloves while cleaning
instruments.
(d) Used instruments shall be soaked in a disinfectant until cleaning can be performed. The
solution shall be changed in a time as recommended by the solution manufacturer.
(e) Instruments shall be disassembled for cleaning.
(f) All instrument components shall be cleaned, either manually or in an ultrasonic cleaner, using
the appropriate cleaning agent specific to the type of cleaning performed.
8-802 Instrument packaging/wrapping
(a) Employees shall wear clean gloves while packaging/wrapping instruments.
(b) Instruments shall be wrapped or packaged with a sterilizer indicator on or in each package.
(c) All packages shall be labeled with the time and date of sterilization. Packages will no longer
be considered sterile six months after the date of sterilization.
8-803 Instrument Sterilization
(a) The sterilizer shall be designed and labeled as a medical instrument sterilizer.
(b) The operators' manual for the sterilizer shall be available on the premise and the sterilizer
shall be operated according to manufacturer's recommendations.
(c) The sterilizer shall be cleaned and maintained according to manufacturer's specifications.
(d) A sterilizer load log shall be maintained for a minimum of three years at the facility and made
available for inspection. The log shall contain the following documentation for each load:
1. Description of instruments contained in the load;
2. Date of sterilization load, and time or other unique identifier if more than one load is
processed during a single day;
3. Sterilizer cycle time and temperature;
Code of Colorado Regulations 7
4. Indication of proper sterilization of instruments, as evidenced by the appropriate color
indicator change on each package. Indicator used shall be compatible with the
sterilization process being used; and
5. Action taken when appropriate color indicator change did not occur.
(e) Sterilizer Monitoring
1. Sterilizer monitoring shall be performed at least monthly (unless more frequent
monitoring is specified by the manufacturer) by using a commercial biological
monitoring (spore) system.
2. All biological indicators shall be analyzed by a laboratory independent from the
establishment.
3. Biological indicator test results shall be maintained on the premises for a minimum of
three (3) years and must be available for inspection at all times.
8-804 Instrument Storage
(a) Hands shall be washed prior to handling sterilized instrument packs.
(b) After sterilization, the instruments shall be stored in a dry, clean area reserved for storage of
sterile instruments.
8-805 Single Use Items
(a) Single use items shall not be used on more than one client and shall be disposed of after the
procedure.
(b) Contaminated single use needles, razors and other sharps shall be disposed of immediately
in approved sharps containers.
SECTION 9: BODY ART PROCEDURE
9-901 Prohibitions include:
(a) Procedures performed on any person who is noticeably impaired by drugs or alcohol.
(b) Smoking, eating and drinking in the procedure and/or instrument cleaning areas.
(c) Procedures performed on skin surfaces that have sunburn, rash, pimples, boils, infections,
moles, or manifest any evidence of unhealthy conditions.
9-902 The following procedures shall be practiced by all body artists:
(a) Thoroughly wash hands with soap and warm water for at least 15 seconds before and after
serving each client. Following thorough washing, hands shall be dried using clean,
disposable paper towels, or a hand -drying device providing heated air.
(b) Wear new, clean gloves for each procedure. If a glove is pierced, torn or contaminated, both
gloves must be properly removed and discarded. Hands shall be washed prior to donning
a new pair of gloves.
Code of Colorado Regulations 8
(c) Change drapes, lap cloths or aprons between each client. If multi -use, these items shall be
washed according to Section 5-513 prior to reuse.
(d) Wear new, clean gloves while assembling instruments and supplies to be used in the
procedure. All sterilized instruments shall remain in the sterile packages until opened in
front of the client.
(e) Dispense all substances used in the procedures from containers in a manner to prevent
contamination of the unused portion. For example, substances from multi -use containers
shall be dispensed into single use portions and shall be applied to only one client.
(f) Discard single use ointment tubes, applicators and supplies after the procedure.
(g) After each client, use a disinfectant according to label instructions, and a single use paper
towel to wipe all surfaces touched during the procedure. Surfaces include, but are not
limited to, counters, tables, equipment, chairs, recliners, shelving, cabinets, and supplies.
9-903 Procedures specific to Tattooing
(a) The use of hectographic or single -use stencils shall be required for applying a tattoo outline to
the skin, except that, when the design is drawn free hand, non-toxic single use markers
or other non-toxic single use devices shall be used. Multi -use stencils are prohibited
unless they can be properly disinfected between uses.
(b) Before placing the design on the skin, the body artist shall clean the area with soap and, if
necessary, shave off any hair with a disposable, single use safety razor or a disinfected
multi -use razor. The area shall be treated with an antiseptic prior to stencil application.
(c) Inks, dyes, or pigments in single use containers shall be used for each client. Any remaining
unused dye or pigment shall be discarded immediately following the tattoo procedure.
(d) Excess ink, dye, or pigment applied to the skin during tattooing shall be removed with a clean
single use product.
(e) After the procedure is completed, the area shall be covered with clean gauze or an
appropriate bandage and held in place with a suitable skin tape.
9-904 Procedures specific to Body Piercing
(a) All body piercing needles shall be sterile, single use, and manufactured for either medical or
body piercing purposes. All needles shall be disposed of immediately after use in a
sharps container,
(c) Only sterilized jewelry or new jewelry that has been disinfected and is clean and in good
condition shall be used.
(b) Stud -and -clasp systems shall be used according to manufacturer's instructions and shall only
be used on the earlobe or the outer perimeter of the ear.
SECTION 10: INSPECTIONS
10-1001 Agents of the Department, after proper identification, shall be permitted to enter any body art
establishment during business hours for the purpose of making inspections, investigating complaints and
to determine compliance with these regulations. Agents of the Department shall only enter a procedure
area with the client's consent.
Code of Colorado Regulations 9
10-1002 The agents shall be permitted to examine documents or true copies of documents relative to
requirements of these regulations.
10-1003 Whenever an inspection of a body art establishment is made the findings shall be recorded and
shall describe violations that exist. A copy of the completed report shall be furnished to the person in
charge by the end of the next workday following conclusion of the inspection.
Editor's Notes
History
Code of Colorado Regulations 10
' w*J �M`....
;`'F�
.. . � ...,•+.,.F +.•
.,�
Y
�
^-
:'P.
'V�i':.=„ ...
t
C
F �'
s one
TO: Planning & Zoning Commission
FROM: Jena Skinner, AICP, Planning Manager
Re: REZ23001 Rezoning (Public Hearing)
Benchmark At Beaver Creek Tract Y, From Open Space,
Landscaping, Drainage To Community Housing High Density -1
Ordinance 24 -XX Rezoning
DATE: February 1, 2024
Avon
C 0 L 0 H A D 0
SUMMARY: This revised report provides an overview of the "Slopeside" rezoning application, for an
existing parcel of land owned by the Town of Avon ("Avon") legally known as Benchmark At Beaver Creek
Tract Y from Open Space, Landscaping, and Drainage ("OLD") to Community Housing High Density -1
("CHHD-1") in preparing this parcel for a future/pending Community Housing project. Avon Town Council
("Council') has declared Community Housing as the number one priority for the Town of Avon and has
directed Staff to explore and pursue every possible opportunity for Community Housing projects.
This is the second time the Planning and Zoning Commission ("PZC") will review this application, as it has
changed since the PZC first evaluated and recommended approval to Town Council. During First Reading
of this Ordinance in October, the Council felt that rezoning the Slopeside parcel to Residential High Density
— as was initially proposed, was too uncertain should the Town not develop a Community Housing project at
this location in a timely fashion. The application was tabled indefinitely until such a time as more specific
Community Housing Zone Districts were implemented and related Comprehensive Plan Amendments
considered. Second reading of Ordinance 24-01 enacting new zone districts was approved January 23,
2024, and with that approval, Staff is reengaging with the Slopeside application. Second Reading of
Ordinance 24-02, which updates the Comprehensive Plan to support and reinforce future planning efforts on
the Slopeside parcel per the Future Land Use Map as Community Housing, is scheduled for February.
The New Community Housing zone district be applied to this application is as follows:
(e) Community Housing High Density —1. The CHHD-1 district is established to accommodate
multi -family development in cost effective configuration, construction type and density that permits a
high number of residential units with a maximum of four (4) stories of residential or three (3) stories
of residential above one (1) level of at grade parking.
Table 7.20-7
Community Housing High Density -1
Dwelling
Max.
Max.
Min.
Max. Lot
Min. Front
Min. Side
Min. Rear
Max.
Type
Density
Units Per
Landscape
Coverage
Setback
Setback
Setback
Building
(units/
Building
Area
(%)
(feet)
(feet)
(feet)
Height
acre
(feet
Multi-
25 du/
N/a
10%
80
10
7.5
10
48
family/ TH
acre
This subject "Property" is 3.5 acres and located between Swift Gulch Road and the 1-70, adjacent to the
west bound off -ramp at Avon Road, and is adjacent to existing commercial development (7 -Eleven).
970-748-4023 jskinner@avon.org
Location of Property
BACKGROUND: The Property is part of the original Benchmark at Beaver Creek Subdivision, and has
been zoned for Open Space, Landscaping, Drainage ("OLD"), since at least 1991. The Future Land Use
Map in the Avon Comprehensive Plan designates the Property as "Civic/Public Facilities" which indicated
some level of anticipated development. Staff was not able to find any information on past ideas about civic
or public facility uses that may have been contemplated for this site.
Swift Gulch, to the east of the Property, was at one time zoned for 105 units of housing. Subsequently that
property was rezoned for public use and a public works/transit/fleet campus. The Property also contains a
portion of the pedestrian/bike trail that runs between Avon Road and Post Blvd, and the existing Nottingham
Puder Ditch.
PROCESS: Rezonings can only be initiated by property owners and the Avon Town Council ("Council") for
Town -owned properties. Council directed Staff to submit a rezoning application to Planning and Zoning
Commission ("PZC") at their June 27, 2023 meeting. Staff provided the necessary public notification before
this hearing with the PZC. PZC was requested to review the rezoning application and provide a
recommendation to Council in accordance with the Avon Development Code. Council approves rezonings
by adoption of an ordinance.
The PZC unanimously recommended Town Council approve the original rezoning application at its
September 19, 2023, public meeting. After being heard at the October 10, 2023 Town Council hearing, this
application was tabled indefinitely, pending the outcome of subsequent planning applications including a
Code Text Amendment for the creation of Community Housing zone districts, and a corresponding
Comprehensive Plan Amendment to add Community Housing as a recommended future land use on the
REZ23001 A Rezoning Application: "Slopeside" Community Housing
February 1, 2024
Page 2 of 6
Town -owned parcels, including the Slopeside parcel. The application has since been updated to reflect its
association with the amendments, and as this change is considered substantial, it must be reviewed for a
second time by the PZC, February 6, 2024. Upon making a (second) recommendation to Council on this
file, the application will then move forward to be presented to Council for First Reading.
PUBLIC NOTIFICATION: The Application was publicly notified in the Vail Daily on September, 8, 2023, and
Janaury 26, 2024.
TOWN COUNCIL STAFF PZC TOWN COUNCIL
INITIATION ANALYSIS & PUBLIC HEARING ORDINANCE &
June 27 REPORT RECOMMENDATION PUBLIC HEARING
September 19, 2023 October 10, 2023
February
OPTIONS: The PZC has the following options with the Application:
• Approval the rezoning application
• Approve the rezoning application with revisions
• Continue Public Hearing to a Specific Date
• Deny the application (or direct Staff to withdraw the application)
DISCUSSION: The cost of workforce housing has escalated dramatically over the last three years and is
regarded as a crisis across Colorado. Properties owned by Avon which are physically suitable for the
development of Community Housing have the financial advantage that Avon does not have to include the
cost of land into the overall cost of developing housing. 3.5 acres in this location with high density
residential zoning likely has a fair market value in excess of $7 Million.
The property is long, narrow, and has considerable slopes, which makes traditional housing development
with surface parking more difficult and limiting. The property is located near the Swift Gulch bus stop and is
a convenient three -block walk to Avon Station, where free transit from Vail to Beaver Creek to Edwards is
available for users. While on hold pending the outcomes of the recent Code Text and Comprehensive Plan
Amendments, this property is now a "Gateway" area in addition to being identified for Community Housing.
New Comprehensive Plan design considerations will be available as part of the review for subsequent
planning applications associated with the Slopeside property. The Comprehensive Plan Ordinance has not
yet been approved (Second reading is scheduled for February 13), so these provisions have not been
applied to this evaluation. As no development application accompanies this rezoning, Staff feels this report
review remains valid and provides satisfactory
information for PZC to rely on in making a recommendation
to Town Council. Staff has attached the most recent Comprehensive Plan Amendment as Attachment C.
Staff believes this property remains best suited for a Community Housing project that includes many small
units (studios) with minimal parking that can accommodate temporary
and seasonal workers due to the
physical challenges of the sloped site and the proximity to Avon's commercial core and transit. With the
application of the new Community Housing zone district and through creative, strategic design that will be
implemented as soon as possible, both the Community Housing use and any Gateway improvements will
become a welcome development in this area of Avon.
REZ23001 A Rezoning Application: "Slopeside" Community Housing
February 1, 2024
Page 3 of 6
6, 2024
TBD 2024
OPTIONS: The PZC has the following options with the Application:
• Approval the rezoning application
• Approve the rezoning application with revisions
• Continue Public Hearing to a Specific Date
• Deny the application (or direct Staff to withdraw the application)
DISCUSSION: The cost of workforce housing has escalated dramatically over the last three years and is
regarded as a crisis across Colorado. Properties owned by Avon which are physically suitable for the
development of Community Housing have the financial advantage that Avon does not have to include the
cost of land into the overall cost of developing housing. 3.5 acres in this location with high density
residential zoning likely has a fair market value in excess of $7 Million.
The property is long, narrow, and has considerable slopes, which makes traditional housing development
with surface parking more difficult and limiting. The property is located near the Swift Gulch bus stop and is
a convenient three -block walk to Avon Station, where free transit from Vail to Beaver Creek to Edwards is
available for users. While on hold pending the outcomes of the recent Code Text and Comprehensive Plan
Amendments, this property is now a "Gateway" area in addition to being identified for Community Housing.
New Comprehensive Plan design considerations will be available as part of the review for subsequent
planning applications associated with the Slopeside property. The Comprehensive Plan Ordinance has not
yet been approved (Second reading is scheduled for February 13), so these provisions have not been
applied to this evaluation. As no development application accompanies this rezoning, Staff feels this report
review remains valid and provides satisfactory
information for PZC to rely on in making a recommendation
to Town Council. Staff has attached the most recent Comprehensive Plan Amendment as Attachment C.
Staff believes this property remains best suited for a Community Housing project that includes many small
units (studios) with minimal parking that can accommodate temporary
and seasonal workers due to the
physical challenges of the sloped site and the proximity to Avon's commercial core and transit. With the
application of the new Community Housing zone district and through creative, strategic design that will be
implemented as soon as possible, both the Community Housing use and any Gateway improvements will
become a welcome development in this area of Avon.
REZ23001 A Rezoning Application: "Slopeside" Community Housing
February 1, 2024
Page 3 of 6
TOWN MANAGER COMMENTS: The development of Community Housing involves several steps.
Implementation of a truly effective Community Housing program that goes beyond isolated individual projects
will create a "pipeline" of entitled properties.
The various steps for an individual Community Housing project includes:
(1) Identification of land suitable for a Community Housing Project.
(2) Determination of Ownership and Initial Partners (i.e. public or private).
(3) Zoning (or Rezoning)
(4) Determining whether to proceed as public development project or post Request for Proposal for
private developers.
(5) Apply for Grant Funding for design, infrastructure and/or construction.
(6) Conceptual Design of Housing Project to determine density, layout and feasibility.
(7) Determination of specific housing type and goals (rent versus own, unit size, target AMI levels)
(8) Establishing development team (architect, owners representative, contract — if a public project, or
selecting developer if private project).
(9) Securing financing and finalizing development agreements and deed restrictions.
(10) Overseeing or administering construction of project.
(11) Construction completion and sale or leasing per Avon Community Housing Policies or per terms
with private developer.
Accomplishing Steps 1 through 3 is required before the Town can meaningfully engage with potential
housing partners or apply for grant funding. For this reason, it is important to proceed with the first
three steps to create opportunities to continue with the remainder of the steps based on partner support
and grant funding availability. Updating the Avon Municipal Code by adding Community Housing zone
districts and updating the Comp Plan to support rezonings related to Community Housing is an
essential foundational action.
REVIEW CRITERIA: The PZC must consider a set of review criteria when reviewing rezonings. The review
criteria is governed by Avon Municipal Code ("AMC') §7.16.050, Rezonings. Staff has provided responses
to each review criteria within the attached Application.
FINDINGS: §7.16.050, Rezonings.
(1) Evidence of substantial compliance with the purpose of the Development Code has been
established within the application;
(2) This application is consistent with the 2017 Avon Comprehensive Plan as this parcel is slated for
Community Housing- recognized has an important use within the Plan;
(3) The physical suitability of the land for the proposed development or subdivision is sufficient for the
purposes of this rezoning;
(4) Compatibility with surrounding land uses is reasonable, as this area is comprised of a mix of
residential and neighborhood commercial uses;
REZ23001 A Rezoning Application: "Slopeside" Community Housing
February 1, 2024
Page 4 of 6
(5) The proposed rezoning is justified by changed or changing conditions in the character of the area
proposed to be rezoned, especially as Community Housing is an established need;
(6) There are adequate facilities available to serve development for the type and scope suggested by
the proposed zone compared to the existing zoning, that will not affect the existing level of
services available currently;
(7) The rezoning is consistent with the stated purpose of the proposed zoning district: Community
Housing;
(8) The rezoning will not result in adverse impacts upon the natural environment, including air, water,
noise, stormwater management, wildlife and vegetation, and any impacts will be substantially
mitigated through future development applications;
(9) The rezoning will not result in significant adverse impacts upon other property in the vicinity of the
subject tract;
(10) As this rezoning is not within an existing PUD, consistency with a relevant PUD Master Plan is not
applicable; and
(11) Adequate mitigation may be required for future development applications as the rezoning will
result in greater intensity of land use or increased demands on public facilities and infrastructure;
however, during the next phase of entitlement.
And,
Conformance with General Review Criteria in AMC §7.16.010(f)(1), General Criteria, which provides
criteria that are applicable to all development applications:
(1) Review Criteria. The reviewing authority shall be Director when the Director has the authority
to administratively approve a development application. The reviewing authority shall be the
PZC and/or Town Council for all development applications which are subject to public
hearing. The reviewing authority shall review development applications for compliance with
all relevant standards and criteria as set forth in the specific procedures for the particular
application in this Development Code, as well as the following general criteria which shall
apply to all development applications:
(i) The development application is complete;
(ii) The development application provides sufficient information to allow the reviewing
authority to determine that the development application complies with the relevant
review criteria;
(iii) The development application complies with the goals and policies of the recently
updated Avon Comprehensive Plan; and
(iv) The demand for public services or infrastructure exceeding current capacity will
be mitigated by future development applications.
RECOMMENDED MOTION: "/ recommend the Planning and Zoning Commission recommend Town
Council approve the Rezoning application for Benchmark Subdivision Tract Y from Open Space,
Landscaping, Drainage to Community Housing High Density -1 incorporating the findings as presented in
this report and within supporting materials."
REZ23001 A Rezoning Application: "Slopeside" Community Housing
February 1, 2024
Page 5 of 6
Thank you, Jena
ATTACHMENT A: Ordinance 24 -XX
ATTACHMENT B: REZ23001 Slopeside Rezoning Application
ATTACHMENT C: Draft Comprehensive Plan Language
REZ23001 A Rezoning Application: "Slopeside" Community Housing
February 1, 2024
Page 6 of 6
.von
SLOPESIDE COMMUNITY HOUSING PROJECT C O L O R A D O
APPLICATION TYPE: REZONING
FILE NUMBER: REZ23001
LOCATION: Benchmark at Beaver Creek Tract Y
Parcel No. 210512106003
https://propertV.eaglecountV.us/assessor/taxweb/account.msp?accountNum=RO17283
APPLICANT/OWNER: Town of Avon
REPRESENTATIVE: Jena Skinner, AICP
SECTION 1:APPLICATION INFORMATION
APPLICATION SUMMARY: In Avon's goal to increase the number of dedicated workforce housing units along with a
secondary goal of diversifying its housing portfolio of unit types, the Town is currently seeking to rezone a parcel of
land owned by the Town, to create a unique, Community Housing development that focuses on rentals for seasonal
and or transient members of the workforce. This development necessitates the zone district of Community Housing
High Density -1 ("CHHD-1") to accomplish these goals.
The location of the subject parcel is adjacent to an existing commercial development, separated by an existing
parking lot. Typically, it is common to find high density developments adjacent to commercial areas, as activity within
these types of land uses have similar levels of intensity. Further, as a unique design element, this development
purposefully will limit vehicle parking spaces resulting in a complex that is able to fully maximize the parcel for
residences. This design mindset works well with this site because of its location. The site's walkability to neighboring
commercial businesses, town center, park, and open spaces, as well as its location already on a local transit/bus
route, makes this an ideal parcel for this unique project and for this specific type of workforce.
BACKGROUND: The subject parcel has been
long overlooked as a location for development
for many years. It was part of the original
Benchmark at Beaver Creek Subdivision, and
has been zoned for Open Space, Landscaping,
Drainage ("OLD"), since at least 1991.
Understandably, Avon has not experienced the
population growth and pressure like we have
presently. Avon's historical placement of high
density housing was situated along Hwy 6 near
Beaver Creek or the Elementary School, with
lower density housing (duplexes and 3 or 4 unit
townhomes) along Nottingham Rd. and W
Beaver Creek Blvd. towards the Town Core.
As Avon becomes built out in residential areas
and population and workforce demands
increase, looking at all available — and suitable,
parcels for development becomes necessary to reassess. It is important to remember that costs are significantly less
for Community Housing projects when the Town owns the land. Avon also focused their activities at the Swift Gulch
location, further to the east. Given that there is no housing of this nature anywhere in town, having housing for
970-748-4023 jskinner@avon.org
seasonal employees in a resort town becomes very important to support the predominant hospitality services Avon
offers, and a fresh look at this parcel for the application of Community Housing is warranted.
Adjacent to this parcel is the tail end of the Swift Gulch Addition/subdivision, planned as part of the overall Swift Gulch
public facilities property and what was first identified for workforce housing in 2015. The Swift Gulch Addition was
originally zoned for an anticipated 105 residential multiple family dwelling units and or commercial as allowed in the
SC (Shopping Center) zone district." Subsequently, that parcel was rezoned for Public Facilities (public use) and a
public works/transit/fleet Campus.
This parcel also contains a portion of the pedestrian/bike trail that travels to Post Blvd, constructed in 2006, and the
Town's Nottingham Puder Ditch that parallels Swift Gulch Road. Recently, this site was also identified as "Gateway"
and future designs for some sort of entry monument or signage will also need to be integrated into this location. As
part of the actual development project, these elements will be addressed in some fashion that will allow the site to
accommodate all of these components.
As part of the outfall of the pandemic, housing discussions and interactions have significantly increased. This is
primarily caused by the unforeseen number of people relocating to the mountains coupled with an extreme increase in
demand. The outfall: housing prices rose sharply and, in response, a dramatic increase in mortgage rates caused by
this inflation. Towns all over the nation are experiencing a workforce housing crisis presently and are still dealing with
the employment trends that have also been affected as an additional outcome of the pandemic.
Workers quit their jobs in record numbers in 2021, and 2022 as ample job opportunities and higher pay lured them
elsewhere. The good news is that the "quits rate" has steadily declined since peaking last year, and in April 2023, this
rate fell to its pre -pandemic average in 20191. However, with housing scarce or extremely expensive to buy or rent
currently- even with jobs available, positions remain difficult to fill without the ability to offer housing especially for
those not making 100%+ AMI wages. Towns like Vail have various forms of accommodations available for workers.
Unfortunately, Avon does not yet have as extensive a portfolio as Vail. Thinking ahead to diversifying housing
projects is a step heading in the best direction.
SECTION 2: REVIEW CRITERIA:
The Town Council must consider a set of review criteria when reviewing rezonings. The review criteria is governed by
Avon Municipal Code ("AMC") §7.16.050, Rezonings.
(1) Evidence of substantial compliance with the purpose of the Development Code;
Applicant Response: This rezoning is a small step to help increase Avon's Community Housing efforts, and
may be considered an essential piece in supporting the Town's economic sustainability and the health, safety,
and general welfare of the Avon Community. This rezoning will require a site specific development review to be
examined and processed as a next step and once designed, having a property with the appropriate zoning to
site a Community Housing project, will improve the Town of Avon's chances in receiving vital grant funding for
this type of Community Housing project. Preparing to create new housing projects with having available land at
the ready without finished concept plans is becoming as essential as having full design plans ready to go in this
later portion of 2023.
As mentioned as a "next step'; the Town will engage in obtaining a consultant to create a design for this project.
During this process, the Town will ensure that all underlying code requirements for the requested zone district
will be met; however, Avon recognizes that flexiblity in in some of the development standards will be necessary
to achieve the desired number of units for this project. For instance, departing from the required number of
1 U.S. Bureau of Labor Statistics JOLTS report, May 2023
Slopeside/BMBC TY Rezoning Application
February 1, 2024
Page 2 of 7
parking spaces as required by Code. As such, they will request flexibility through the Development Bonus
process.
(2) Consistency with the Avon Comprehensive Plan;
Applicant Response: On the first page of the Avon Community Housing Plan it quotes the 2017 Avon
Comprehensive Plan where, "Avon's vision is to provide a high quality of life, today and in the future, for a
diverse population; and to promote their ability to live, work, visit, and recreate in the community." It goes
on to state, "The Potential community benefits of increasing Community Housing efforts include:
• More housing choices;
• Increased economic stability and a more active year-round economy for local residents and
businesses;
• Greater ability to retain individuals and families throughout life and career phases, strengthening
the sense of community, opportunity, and quality of life;
• Increase Community Housing supply for job recruitment purposes;
• Create Community Housing in closer proximity to job centers with pedestrian connections and
availability of transit, in alignment with the Climate Action Plan goals. "
Goal 1 of this same plan is to, 'Achieve a diverse range of
housing densities, styles, and types, including rental and for �— -
sale, to serve all segments of the population." This rezoning Future Land Use Map
offers the Town a parcel of land that is set up and ready to
Landuse Designations
invest in, for projects like the one that would be an asset at Mixed use
this location. A project that fills in an income and lifestyle Civic/Public
gap for a workforce needed to support the economics of our Regional Commercial
community, and by filling a need for businesses in having ( D Neighborhood Commercial
housing that could be used for much-needed resort-orientedD Light Industrial Commercial
=Open Space
workers. Park
The Future Land Use Plan establishes preferred D Residential - High Density
O Residential - Medium Density
development patterns by designating land use categories for O Residential - Low Density
specific geographical locations. While land use designations =Residential -Community Housing
depicted on the land use map do not supersede the Town's
zoning districts and regulations, they display general land
use categories as a visual guide for the community based on
the goals, objectives, and policies presented within this r -
document. Currently, the Comprehensive Plan is being q ,,
amended to have the site designated as Community
Housing, as shown in the image, right.
Updating land use regulations with new development tools is also supported by the Avon Comprehensive Plan
Policy C.1.1, which recommends to: Regularly update and enhance the Avon land use regulations and
District Master Plans for innovative design approaches and positive development outcomes. The
Comprehensive Plan is approaching a complete update; however, the proposed update centered on
Community Housing works in harmony with this proposed zone change.
Recently, the Town approved the addition of five (5) new Community Housing zone districts within the
Avon Municipal Code to ensure this regulatory element is up to date concerning density maximums
and definitive design "minimums. " If these zone districts are not quite "enough" to capture desired
design alternatives, the Development Bonus process is available to help with projects on a case-by-
case basis. The Community Housing Plan supports this action by encouraging "...incentives and
regulations to create a policy environment that is favorable for local housing." Effectively,
Slopeside/BMBC TY Rezoning Application
February 1, 2024
Page 3 of 7
having several Community Housing tools available to assist with potential projects, including design
flexibility, ensures that targeted areas for Community Housing align with the Town's housing goals,
which is the first step in thinking ahead, adequately planning housing policies, and obtaining funding.
To encourage new development and redevelopment, Avon has to have various appropriate tools to
support projects that are best for the community and help attract project partners. In this case,
preparing town -owned lands to receive housing projects, as advocated by the Comprehensive and
Avon Community Housing plans, while being open to expanding on what kinds of housing programs
are needed to support these efforts, is the first step in responding to the housing crisis.
(3) Physical suitability of the land for the proposed development or subdivision;
Applicant Response: Although this property has a significant grade change from Swift Gulch Road to the
pedestrian path, the property is suitable for development as slopes do not exceed 40% (see image, next page.
In calculating the slope it appears to be approximately 21 % overall). Completely walkable currently, this site
hosts the Nottingham Puder Ditch along the northern boundary, and the pedestrian trail at the tow of the slope.
Due to the condition of the Ditich, several large cottonwood trees have been removed in the last year, and
largely, the site is comprised of typcial, high -country /native grass cover and vegetation.
The Town realizes that the Ditch and pedestrian trail may have to be modified in order for the site to maximize
its potential. Options identified at this point include modifiying the ditch from being open to being piped
underground. As the ditch exits the Slopeside parcel, it currently goes underground at the western boundary,
under the parking lot and beyond, and to extend this pipe would be resonable through this location as well. As
far as the pedestrian path goes, the potential to move it closer/abutting or within the CDOT right-of-way
adjacent to the southern property line of the site could be persued as well. In recognizing these limited
constraints early in the design process, will be effective in designing the residential structure.
Water and sewer is accessible to this site, and Swift Gulch Road is wide and offers excellent site distance for
wherever the access is determined to be located.
This site does not contain any significant wildlife habitat or wildlife migration corridors.
Image: 2023
Xy�"�1 . ;•
6,. S•`y4 !y �ti a ry *� M .. 4 "l°•i �.�T a .., ±= Ta�'1. R�;y:, d n .M, y�
7'��a} a•� l� � � is ♦ •a "t � a `nti `i xa � ,'t i .,y � h+tM Y' i. vRY i
_w!'1. � ted+'' i .e•. � ♦�� '� _ � v � �.Yy^ t t� �ti` r : "�� t� ,+. �': �76 1 'S�o i',�� ��.
--•.,dn„eKiiu.' _ - 71"i` �♦yJis.y �.� ��a _ ! r � N��[�jT14y�; � ... !i►�:�, !a���Na���,� .s�.�.'Q4
l L
r
slow-
Slopeside/BMBC TY Rezoning Application
February 1, 2024
Page 4 of 7
Image showing Width and Elevation
(4) Compatibility with surrounding land uses;
Applicant Response: The rezoning of this property to Community Housing High Density - 1 is appropriate
given that this property is within walking distance to commercial offerings like restaurants, transit, healthcare,
and other services within the Town Core.
Development on this site will not have an adverse effect- or any impact, to neighboring properties as there are
no adjacent developments to this location outside of the adjacent parking lot and commercial uses to the west.
Development on this site will not impede views, nor detract from the viability of the surrounding land uses.
(5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the
area proposed to be rezoned;
Applicant Response: This rezoning is being sought directly in response changed conditions or housing
crisis Avon is experiencing and as mentioned earlier within this report. Namely, responding to the need to
invest in a diverse number of housing projects needed to support Avon's economy, and in offering options for
Community Housing unlike any project within the Town of Avon.
(6) Whether there are adequate facilities available to serve development for the type and scope
suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels
of service to existing development;
Applicant Response: This site is in excellent proximity to all necessary infrastructure without jeopardizing
any existing development, including the availability of water and sewer. The Town will seek these services
from the Eagle River Water and Sanitation District as a next step.
(7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district;
SlopesidelBMBC TY Rezoning Application
February 1, 2024
Page 5 of 7
Applicant Response: The purpose of the Community Housing High Density - 1 (CHHD-1) is to
accommodate multi -family development in cost effective configuration, construction type and
density that permits a high number of residential units with a maximum of four (4) stories of
residential or three (3) stories of residential above one (1) level of at grade parking.
The recent Comprehensive Plan Amendment purposefully did not add suggested zone districts to the Future
Land Use Map so that individual projects would apply which Community Housing zone would best suit a
particular site, given its location and compatibility with neighboring developments. While it is imperative to
maximize density when designing a project for genuinely affordable housing units, it is also necessary to find
balance in developing a project that is not only within walking distance of amenities, services, and transit but
that a project should not overwhelm a parcel — especially a parcel like Slopeside, which is a highly -visual site
or gateway into Avon.
(8) That, compared to the existing zoning, the rezoning is not likely to result in adverse impacts upon
the natural environment, including air, water, noise, stormwater management, wildlife and vegetation,
or such impacts will be substantially mitigated;
Applicant Response: The Town (so far and without a design), would like to possibly create a project with
respect to the property's slopes and drainage, by avoiding developing where the onsite ditch is located, etc.
This will be accomplished by minimizing hardscapes and by not having an onsite parking lot and significant
landscaping. As mentioned in the Finding for property suitability, there are no significant impacts anticipated
to vegetation, wildlife, or to the natural environment. In regard to air quality, by having almost no parking and
by the residents not being dependent upon individual/personal vehicles, there will be no impact on this
particular element. Where noise is concerned, this area has existing vehicle noise due to 1-70. Largely
generated during working hours, situating a residential development on this site should not be an issue after
typical working hours, as travel dissipates on 1-70.
(9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse
impacts upon other property in the vicinity of the subject tract;
Applicant Response: Development of this site in the future will change the "feel" of the area in having a
residential development on a parcel that has been largely vacant for decade; however, that argument could
be made for any long-standing vacant parcel. In this case, it will not have any adverse impacts to the
neighboring properties. The project is also anticipated to not accommodate vehicles and as such, will not
add traffic to Avon's road system. Public transit is already accommodated at this location, and this site is
highly walkable to neighboring restaurants, parks, and other amenities.
(10)For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in
the approval of the applicable PUD; and
Applicant Response: Not applicable.
(11)Adequate mitigation is required for rezoning applications which result in greater intensity of land use
or increased demands on public facilities and infrastructure.
Applicant Response: The Town will thoughtfully and thoroughly design a project that is properly mitigated
in changing its current use to residential. This will include any infrastructure modifications or expansions. As
previously mentioned, having existing water and sewer and public transit immediate to this location will be a
significant cost savings in servicing this development.
GENERAL REVIEW CRITERIA: Conformance with General Review Criteria in AMC §7.16.010(f)(1), General Criteria,
which provides criteria that are applicable to all development applications:
(1) Review Criteria. The reviewing authority shall be Director when the Director has the authority to
administratively approve a development application. The reviewing authority shall be the PZC and/or
Slopeside/BMBC TY Rezoning Application
February 1, 2024
Page 6 of 7
Town Council for all development applications which are subject to public hearing. The reviewing
authority shall review development applications for compliance with all relevant standards and criteria
as set forth in the specific procedures for the particular application in this Development Code, as well as
the following general criteria which shall apply to all development applications:
(i) The development application is complete;
(ii) The development application provides sufficient information to allow the reviewing authority
to determine that the development application complies with the relevant review criteria;
(iii) The development application complies with the goals and policies of the Avon
Comprehensive Plan; and
(iv) The demand for public services or infrastructure exceeding current capacity is mitigated
by the development application.
Applicant Response: This rezoning application is complete. Applicant believes sufficient information exists
to allow Council to review this application with the review criteria. Further, the recently approved code text
amendment application directly reflects the update to the Avon Comprehensive Plan. This rezoning application
will not impact demands for public services or infrastructure because it is not a true development application;
instead, it simply a rezoning for a Town -owned property slated for a future Community Housing project.
CONCLUSION: If the Town is successful in achieving this rezoning, the following development "next steps" or
actions will occur:
• Producing an RFP for design services;
• Pursuing development and housing grants for this project;
• Obtaining consultants to produce geotechnical reports;
• Pursuing potential community development partners;
• Creating a concept plan to be examined by the Planning and Zoning Commission and Town Council.
This rezoning is an excellent first step in setting up the Town to pursue funding and in implementing a 100%, deed
restricted Community Housing project for Avon. Doing entitlement work in 2024 even before having any design plans,
positions the Town to more effectively plan for growth and in looking at the economic viability moving forward.
Importantly, in increasing our housing portfolio and in recognizing our essential workforce needs, Avon becomes an
even greater community.
EXHIBIT A: Supporting Maps
Slopeside/BMBC TY Rezoning Application
February 1, 2024
Page 7 of 7
EXHIBIT A
TOWN OF AVON
BENCHMARK AT �;
,nvo n
COLORADO BC TRACT Y
BUS AVON
STOP REGIONAL
\TRANSIT
FACILITY_
.a
,A&
N
BUS
STOP
9
EXHIBIT A
A TOWN OF AVON
,nvo n BENCHMARK AT BC TRACT Y
COLORADO PROPOSED REZONING
EXISTING
PROPOSED
- Neighborhood Commercial
Open Space, Landscaping,
Drainage (OLD)
Public Facilities
® Mixed Use Commercial
Residential Low Density
Planned Unit Development
(PUD)
- Town Center
-Residential High Density
Commercial (Retired)
Pr
- Neighborhood Commercial
-Community Housing High
Density -I
Public Facilities
Mixed Use Commercial
Residential Low Density
Planned Unit Development
(PUD)
Town Center
Residential High Density
Commercial (Retired)
ATTACHMENT B
A
Avon
COLORADO
TOWN OF AVON, COLORADO
ORDINANCE NO. 24 -XX
REZONING BENCHMARK AT BEAVER CREEK TRACT Y,
AVON, COLORADO, FROM OPEN SPACE, LANDSCAPING,
DRAINAGE TO COMMUNITY HOUSING HIGH DENSITY -1
RECITALS
WHEREAS, the Avon Town of Avon ("Applicant") submitted an application to rezone
Benchmark at Beaver Creek Subdivision Tract Y, Avon, Colorado ("Property") from Open Space,
Landscaping, Drainage ("OLD") to Community Housing High Density — 1 ("CHHD-1") for the
purpose of creating Community Housing;
WHEREAS, the Town of Avon Planning & Zoning Commission ("PZC"), after publishing
and posting notice as required by law, held public hearings on September 19, 2023 and January
26, 2024, and prior to formulating a recommendation to the Town Council considered all
comments, testimony, evidence and Town Staff reports; and then took action to adopt Findings of
Fact and a Record of Decision on October 17, 2023, and on February 6, 2024 when the revised
application was reheard by the PZC; and in accordance with AMC §7.16.020(f), then took action
to adopt a Findings of Fact and a Record of Decision on , for a final recommendation
for the Town Council to approve this Application for rezoning;
WHEREAS, the Town of Avon ("Town") is a home rule municipal corporation and body
politic organized under the laws of the State of Colorado and possessing the maximum powers,
authority and privileges to which it is entitled under Colorado law;
WHEREAS, pursuant to the home rule powers of the Town, the Town Council has the
power to approve ordinances necessary and proper to provide for the safety, preserve the
health, promote the comfort, and convenience of its inhabitants;
WHEREAS, the Town Council held Public Hearings on October 10, 2023, and
after posting notice as required by law, considered all comments,
testimony, evidence, Planning and Zoning Commission recommendations, and Staff reports prior
to taking action on the Application;
WHEREAS, pursuant to AMC §7.16.050(c), Review Criteria and AMC §7.16.010(f)(1),
General Criteria, the Town Council has considered the applicable review criteria for rezoning and
finds that the criteria are met in accordance with the Findings of Fact;
WHEREAS, the Property is owned by the Town of Avon which is currently zoned Open
Space, Landscaping, Drainage and the Property is intended for use as Community Housing;
Ord 24 -XX Rezoning Slopeside BMBC Sub. TY OLD to RH Zone District
FIRST READING — February 1, 2024
Page 1 of 3
WHEREAS, the Town Council finds that the rezoning from Open Space, Landscaping,
Drainage to Community Housing High Density — 1 (CHHD-1) will promote the Avon
Comprehensive Plan and the Avon Community Housing Plan, and will thereby promote the health,
safety and welfare of the Avon community; and
WHEREAS, approval of this Ordinance on First Reading is intended to confirm the Town
Council desires to comply with the requirements of the Avon Home Rule Charter by setting a
Public Hearing in order to provide the public an opportunity to present testimony and evidence
regarding the application, and that approval of this Ordinance on First Reading does not constitute
a representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this Ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Rezoning. Benchmark at Beaver Creek Subdivision, Tract Y, Avon, Colorado, is
hereby rezoned from Open Space, Landscaping, Drainage to Residential High Density.
Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed alone
or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall in no event take effect sooner than thirty (30)
days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. The Town Council hereby finds, determines and declares this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public and this Ordinance is necessary for
the preservation of health and safety and for the protection of pubic convenience and welfare. The
Town Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 7. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and to correct any typographical, grammatical,
cross-reference, or other errors which may be discovered in any documents associated with this
Ordinance and documents approved by this Ordinance provided that such corrections do not
change the substantive terms and provisions of such documents.
Ord 24 -XX Rezoning Slopeside BMBC Sub. TY OLD to RH Zone District
FIRST READING — February 1, 2024
Page 2 of 3
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on and setting such public hearing for Second reading for
at the Council Chambers of the Avon Municipal Building, located at One
Hundred Mikaela Way, Avon, Colorado.
BY:
Amy Phillips, Mayor
ATTEST:
Migual Jauregui Casanueva, Town Clerk
ADOPTED ON SECOND AND FINAL READING on
BY:
ATTEST:
Amy Phillips, Mayor Migual Jauregui Casanueva, Town Clerk
APPROVED AS TO FORM:
Nina P. Williams, Town Attorney
Ord 24 -XX Rezoning Slopeside BMBC Sub. TY OLD to RH Zone District
FIRST READING — February 1, 2024
Page 3 of 3
ATTACHMENT C -
DRAFT COMPREHENSIVE PLAN AMENDMENT
Future Land Use Plan
The Future Land Use Plan establishes preferred development patterns by designating land use
categories for specific geographical locations. Land use designations depicted on the land use map
do not supersede the Town's zoning districts and regulations and display general land use categories
as a visual guide for the community based on the goals, objectives, and policies presented within this
document. The Future Land Use Plan and its land use designations are illustrative only and do not
represent zoning designations.
"Community Housing" was added to the FLUM as a Future Land Use in 2024. At that time, the
application of Community Housing' as a use was applied to Town -owned lands onl-
however, in all zone districts, except for PUDs, Community Housing is a permitted use and is
strongly encouraged for any residential or mixed-use developments. The specific Community
Housing Zone Districts (i.e., CHMD, CHHD 1 and 2, CHMU 1 and 2) are purposefully not
designated in the FLUM with the intention that the appropriate and specific Community
Housing Zone District necessary for implementation will occur at the time of zoning approval.
The future determination of the appropriateness for which the Community Housing Zone
District is to be applied will consider the desired adopted housing plans and strategies the
desired density and housing type, the economic conditions and financial resources, and the
availability of infrastructure and transit.
Community Housing is defined in Avon Municipal Code §3.14.020 Definitions.
Exhibit A to Ordinance 24-02
COMPRHENSIVE PLAN AMENDMENTS
EXISTING FLUM
Hw
r.
! % N
'i
0
t
a
PROPOSED FLUM
Future Land Use Map
A
Avon
u e oeslBnauans
� Mixed Use
� CtviclPudlic
Regi oral Ccmmem al
Q Neigr[wrnootl Commercial
O Light Industral Commercial
D Open Space
Park
D Residential - Hlgh Density
D Residential - Medium Density
D Residential - Law Density
Residential -Community Housing
LJ AvonT nbountlary e 0 les
Roads oxa ¢s
is
a
Exhibit A to Ordinance 24-02
COMPRHENSIVE PLAN AMENDMENTS
A number of overarching goals and policies provide direction in the following community -wide topic
areas:
A. Built Form
B. Land Uses
C. Community Character
D. Economic Development
E. Housing
F. Multi -modal Transportation & Parking
G. Environment
H. Parks, Recreation, Trails, and Open Space
L Public Services, Facilities, Utilities, and Government
J. Regional Coordination
Each topic area contains one or more goals and several specific policy objectives. Certain goals and
policies are more specific and timely than others; however, all goals and policies contribute to the
vision of the plan and its implementation. Finally, certain policies interrelate to several topic areas
(such as policies that are relevant to both Land Use and Economic Development).
E. Housing
The Town of Avon seeks to build upon its long history as a high -amenity year-round resort community
by adopting the 2021 Avon Community Housing Plan. The Avon Community Housing Plan sets forth
specific goals and policies for developing additional Community Housing.
Goal E.1: Achieve a diverse range of housing densities, styles, and types, including rental
and for sale, to serve all segments of the population.
Policy E.1.1: Establish policies and programs, which address housing needs that are attainable to
different Area Median Income (AMI) ranges. Evaluate the mitigation rate required of
development.
Policy E.1.2: Encourage private development and partnerships that provide a diversity of housing
for local working families.
Policy E.1.3: Provide attainable Community Hhousing through alternative means, including but not
limited to: payment -in -lieu, land dedication, regulatory requirements, deed
restrictions, use of grant funding, waiver of development and building fees, and
public-private partnerships that reduce the price of units.
Policy E.1.4: Integrate attainable Community Housing within large developments and throughout
Exhibit A to Ordinance 24-02
COMPRHENSIVE PLAN AMENDMENTS
Town.
Policy E.1.5: Encourage "no net loss" of attainable Community Hhousing units in redevelopment.
Policy E.1.6: Actively plan for Community Housing developments on Town -owned lands.
Policy E.1.7: Encourage Community Housing development on non -Town -owned lands as primary
developments, or as a significant component within developmets, whenever practicable.
Goal E.2: Coordinate with neighboring communities to provide an attainable housing
program that incorporates both rental and ownership opportunities, affordable for
local working families.
Policy E.2.1: Place perpetual deed restrictions on all Town supported housing projects and enforce
compliance.
Policy E.2.2: Participate in a countywide down -payment assistance program.
Policy E.2.3: Collaborate on joint housing studies and strategies.
Policy E.2.4: Site Community ,tee—Hhousing with multi -modal transportation options and
facilities, including bike and pedestrian paths.
Policy E.2.5 Continue utilizing existing revenues dedicated for Community Housing and explore
opportunities for additional revenues.
Policy E.2.6 Explore opportunities for conversion of free market housing to increase stock of
attainable -Community Hfiousing units.
Policy E.2.7 Work with owners and associations of deed restricted properties to encourage
maintenance and capital improvements of units and properties, including but not
limited to evaluating deed restriction modifications, special improvement districts, and
capital reserve studies.
Policy E.2.8 Ensure that new deed restricted projects require capital improvement and ongoing
maintenance reserves.
Politer E.2.9 Expand Community Housing programs like iMi CasaAvonl to capture affordable rental
opportunities.
Exhibit A to Ordinance 24-02
COMPRHENSIVE PLAN AMENDMENTS
While the Goals and Policies of this plan generally apply to all areas of the Town, the District Planning
Principles apply specific planning and urban design recommendations to areas within the Town,
stemming from community and landowners input, and existing development rights. Below is a map
identifying the Districts.
EXISTING DISTRICT MAP
Exhibit A to Ordinance 24-02
COMPRHENSIVE PLAN AMENDMENTS
PROPOSED DISTRICT MAP
DISTRICT NAMES:
1: Town Core District
2: River District
3: Nathrgham Park District
4: U.S. 6 Gateway District
5: Village al Avon Uri
6: Gulch Area District
7: Rallmad District
8: Open Space District
S: Valley Residential District
10, 1-70 Gateway District
11: Northern Residential District
12: East Avon Preserve
Exhibit A to Ordinance 24-02
COMPRHENSIVE PLAN AMENDMENTS
District 6: Gulch Area District
EXISTING DISTRICT 6
ER,o�E-11 District 6
`M Screening
Trailhead
Enhanced
Intersection ppNra¢tl�
o�
WeFq yER CR£EN BLVD 'VQ�
t
Iw \
_-____ 2f Ap(L/EStN SPo 9!F 9�jO
5�
N
O
F FgVFp
0 750 1,500 USN `�Y
Feet
Exhibit A to Ordinance 24-02
COMPRHENSIVE PLAN AMENDMENTS
PROPOSED DISTRICT 6
The Gulch Area District is located in runoff areas perpendicular to the Eagle River valley. It includes the
Town's only industrial (heavy commercial) center, dense residential development, the Public Works
and Transportation Department facilities, a medical facility, and the Joint Public Safety building. These
uses provide an important component to Avon's overall economic health. The area's high visibility
from 1-70 makes it important to the Town's image, particularly, the north side of 1-70 exit 167 as the
Town's westbound 1-70 Gateway area.
Existing uses on Nottingham and Metcalf Roads are intensely developed with large buildings and
need improved investments in architecture and design, landscaping, access, and screening. The Town
should work towards improved traffic safety and aesthetics, and support water -conscious landscape
conversions. Live/ work or Community Housing development opportunities in the Light Industrial and
Commercial zone district that do not possess significant conflicts with surrounding land uses should
be encouraged. In response to the area's high visibility from 1-70, efforts have been made to screen
the existing buildings and facilities and ensure that they blend into the surrounding environment.
Future development should follow suit and incorporate these efforts similaLI�.
RIUGELO District 6
—_/\/\ Screening
IT Trailhead
'Enhanced
Intersection
JGateway
WBF4VER CREEK BLVnhq
IT M
District 6:
Gateway Parcel
MOP
K
`PE55
\ Oqc�
g
\SSR
0 750 1,500 q °syw c Fea
PRa
Feet
The Gulch Area District is located in runoff areas perpendicular to the Eagle River valley. It includes the
Town's only industrial (heavy commercial) center, dense residential development, the Public Works
and Transportation Department facilities, a medical facility, and the Joint Public Safety building. These
uses provide an important component to Avon's overall economic health. The area's high visibility
from 1-70 makes it important to the Town's image, particularly, the north side of 1-70 exit 167 as the
Town's westbound 1-70 Gateway area.
Existing uses on Nottingham and Metcalf Roads are intensely developed with large buildings and
need improved investments in architecture and design, landscaping, access, and screening. The Town
should work towards improved traffic safety and aesthetics, and support water -conscious landscape
conversions. Live/ work or Community Housing development opportunities in the Light Industrial and
Commercial zone district that do not possess significant conflicts with surrounding land uses should
be encouraged. In response to the area's high visibility from 1-70, efforts have been made to screen
the existing buildings and facilities and ensure that they blend into the surrounding environment.
Future development should follow suit and incorporate these efforts similaLI�.
Exhibit A to Ordinance 24-02
COMPRHENSIVE PLAN AMENDMENTS
Planning Principles:
• Development and redevelopment that occurs here should reflect the standards in Town
Center, but should not compete with Town Center in terms of size of buildings or intensity of
development.
• Enhance the gateway areas of Avon centered around the 1-70 Interchange and round -abouts.
• Locate or shield unsightly accessory structures, infrastructure, and equipment so they are not
visible from gateway areas (e.g. dumpsters, utility boxes).
• Development proposed in these areas should trend towards balancing commercial and
residential integration — especially on parcels with "walkable neighborhood" potential.
• Screen equipment, storage, and accessory uses with landforms and water -conscious
landscaping or no -water alternatives, as permitted in the Avon Municipal Code Landscaping
provisions.
• Lin+t-Consider building heights and setbacks te be Eefnpat _with respect to with
egg existing surrounding development.
• Encourage sidewalks and pedestrian connections for publicly accessible developments.
• Limit auto access points to simplify traffic movements.
• Minimize significant re -grading and provide for pFeper-minimum on-site parking and access.
• Support a reduction of parking for walkable developments.
• Require landscape setbacks and internal IandSEaping of parking lots;
• Preserve trees and landscaping on properties where practicable.
• Accommodate residential development that supports primary industrial, commercial, or
employment -generating land uses.
• Improve the intersection of Metcalf and Nottingham Roads to enhance the entry to Wildridge
and provide more direct access from Town Center to Wildridge.
• Develep-Continue to improve pedestrian connections linking West Beaver Creek Boulevard to
Nottingham Road and in gateway areas.
• Coordinate with CDOT to introduce trees or creative alternatives on uphill slopes ein the 1-70
right-of-way and along Metcalf Road to partially screen buildings and other accessory uses.
• Enhance the West Avon Preserve trailhead.
• Reduce development intensity when traveling north on Buck Creek Road.
Exhibit A to Ordinance 24-02
COMPRHENSIVE PLAN AMENDMENTS
District 6's Gateway Parcel
District 6's Gateway Parcel
at the Avon Main Entrance
F�
0
9c' iti�� /tiT�
S
FS�� .Q T9T4�STgT �
/ ,
Ao
Fe
The west bound exist of 1-70 at Avon Road is the vehicular orimary entrance to Avon for residents and
visitors. Special attention should be given to all design elements to create an attractive first
impression of the Town of Avon. An entry monument sign with upscale design that incorporates
contemporary mountain architecture, natural elements and other design elements which reflect
Avon's culture is appropriate. The entry monument sign should establish a sense of arrival to the
Town of Avon. The architectural design of Community Housing on this site should be elevated to
establish a strong example of Avon's residential design standards and goals.
Gateway Area Design Principles:
• Exterior sidina used in aatewav areas should utilize stone. precast concrete or cast stone. with colors
using a Light Reflective Value of sixty (60) or less for the foundation and for a majority of the first
floor of a structure.
• Use of reflective glass or materials are not appropriate for gateway, areas.
• Roofs should be pitched using materials that are highlyfire resistant, with overhangs that offer visual
relief and with gutters to protect both structures and pedestrians below from snow and water.
• Unsightly mechanical equipment and items like dumpsters, parking, etc., should be screened from
view from passersby in these visually sensitive areas.
• Walls should incorporate horizontal and vertical articulation and architectural elements to break up
massing and avoid design monotony. Landscape terracing is recommended where possible to
provide more of a natural landform and softer visual appeal for these areas.
• Projects should consider the massing and scale of existing neighborhood development and or
maximum redevelopment potential, if underdeveloped, to ensure compatibility of design.
Exhibit A to Ordinance 24-02
COMPRHENSIVE PLAN AMENDMENTS
District 8: Open Space District
EXISTING DISTRICT 8
District 8
Q WOODRUSH
vaF:
RAS o
4 VF'O1N fB
c'4f
7811 TMIfiEA S'yk
7Y TM YB Y�RA�f
q "HW"
DEEA SLVO
/�� L,Rks� Cp EAC
6��W R 1F Rp
Feet �4�y
Exhibit A to Ordinance 24-02
COMPRHENSIVE PLAN AMENDMENTS
PROPOSED DISTRICT 8
District 8
� w°GORusH
av
a�
r
0
0
ap
FOX LN
1
ST
LaiE
RgtFRR 2
¢' EH`H�Lro e°may N'FRsrar o
fR� District 12
RF
SFA e�
o `O
?A 1. G_TlNrHt L' m `Sy�1'Y
N Z� yOpRRaye
USHWyfi
,p OEER BLVD
I Ue9; 3,QQQ S �()� CAR/fSa°R4N F4GLF R° r
Feet `+
Avon's key open space is comprised of the steep slopes of the valley wall north of 1-70. The West Avon
Preserve includes 11 miles of trails added in 2015, and the East Avon Preserve is planned to include
trails. Open space adjacent to town is owned by the U.S. Forest Service. These parcels are important
to maintaining the desired character of Avon and for development consistent with the overall land
use plan. Loss of these parcels to private ownership and development would eliminate valuable visual
and physical buffers between and among developed areas of Town and would deprive citizens of
open space and natural habitats.
Planning Principles:
• Pursue Town acquisition of parcels to be dedicated as open space by working with the local
and national land conservation organizations.
• Encourage maintained ownership of U.S. Forest Service by collaborating with the agency to
improve, utilize, and maintain them as low -impact publicly accessible regions.
• Communicate Avon's values and desires with the U.S. Forest Service so that land swaps are
unlikely to occur without approval from the Town.
• Oppose any possible disposition or degradation of the parcels.
• Participate in U.S. Forest Service planning efforts to ensure adequate development and long-
term maintenance of trails and trailheads.
0 Support and cooperate in efforts to bury power lines.
Exhibit A to Ordinance 24-02
COMPRHENSIVE PLAN AMENDMENTS
District 12: East Avon District
The East Avon District will be a Communitv Housina neiahborhood connected to Waaon Trail Road
and a multi -use path. The district enjoys extensive views and ample south -facing orientation for
passive -solar -designed buildings. The district is also highly visible from 1-70 and across the Eagle River
Valley. The architectural design of Community Housing on this site should be elevated to demonstrate
a strong example of Avon's residential design standards and goals.
The East Avon District will be connected to and integrated with a trail system on the adjacent District 8
trail system. Development may include a variety of Community Housing types for local workers.
Planning Principles:
• Orient buildings to capitalize on the southern exposure and views.
• Limit building height to a scale that is compatible with the hillside.
• Exterior sidina in aatewav areas should utilize stone, precast concrete, or cast stone, with colors
using a Light Reflective Value of sixty (60) or less for the foundation and for a majority of the
first floor of a structure.
• Use of reflective glass or materials is not appropriate for _ gateway areas.
• Roofs should be pitched using highly fire-resistant materials, with overhangs that offer visual
relief and with gutters to protect both structures and pedestrians below from snow and water.
District 12
S*zF
iNTERsT cyR
AT�>o
ODERAVE ---•
USHWY6
DEER BLVD
LgR�SpUR
N EAGLE f
�N
0 300 600 900 1200 �2
SOMEONE: =11 MOMME7 Feet
The East Avon District will be a Communitv Housina neiahborhood connected to Waaon Trail Road
and a multi -use path. The district enjoys extensive views and ample south -facing orientation for
passive -solar -designed buildings. The district is also highly visible from 1-70 and across the Eagle River
Valley. The architectural design of Community Housing on this site should be elevated to demonstrate
a strong example of Avon's residential design standards and goals.
The East Avon District will be connected to and integrated with a trail system on the adjacent District 8
trail system. Development may include a variety of Community Housing types for local workers.
Planning Principles:
• Orient buildings to capitalize on the southern exposure and views.
• Limit building height to a scale that is compatible with the hillside.
• Exterior sidina in aatewav areas should utilize stone, precast concrete, or cast stone, with colors
using a Light Reflective Value of sixty (60) or less for the foundation and for a majority of the
first floor of a structure.
• Use of reflective glass or materials is not appropriate for _ gateway areas.
• Roofs should be pitched using highly fire-resistant materials, with overhangs that offer visual
relief and with gutters to protect both structures and pedestrians below from snow and water.
Exhibit A to Ordinance 24-02
COMPRHENSIVE PLAN AMENDMENTS
• Unsightly mechanical equipment and items like dumpsters, etc., should be screened from view
from passersby in these visually sensitive areas.
• Walls should incorporate horizontal and vertical articulation and architectural elements to
break up massing and avoid design monotony. Where possible, landscape terracing is
recommended to provide more of a natural landscape and softer visual appeal for these areas.
• Development should include pedestrian and bicycle connections to adjacent trail systems,
and the United States Forest Service trails.
• Encourage strategic and or creative placement and design of grading and landscaping to
soften the visual impact of structures from 1-70, and to reduce noise for residents.
AVON PLANNING & ZONING COMMISSION
MEETING MINUTES FOR TOWN COUNCIL
WEDNESDAY, JANUARY 17, 2024
MEETING BEGINS AT S:OOPM ,ny o n
100 MIKAELA WAY - AVON COUNCIL CHAMBERS °' ° P
1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON)
A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS BRAD CHRISTIANSON, KEVIN HYATT, BILL GLANER, ANTHONY
SEKINGER, AND OLIVIA COOK WERE PRESENT. ALSO PRESENT WERE PLANNING MANAGER JENA SKINNER, AICP,
PLANNER II MAX MORGAN, AND APPLICANT JEFF MANLEY, AIA. COMMISSIONER TOM SCHAEFER WAS NOT IN
ATTENDANCE.
2. APPROVAL OF AGENDA
ACTION: COMMISSIONER HYATT MADE A MOTION TO APPROVE THE AGENDA. COMMISSIONER GLANER
SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 5-0.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS
THERE WERE NO CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION.
4. PUBLIC HEARINGS
4.1. FILE #MJR23005 I MAJOR DEVELOPMENT PLAN 4580 FLAT POINT, WILDRIDGE (PLANNER II, MAX
MORGAN
ACTION: COMMISSIONER HYATT MADE A MOTION TO APPROVE THE APPLICATION WITH THE FOUR CONDITIONS
INCLUDED IN THE STAFF REPORT. COMMISSIONER GLANER SECONDED THE MOTION, AND THE MOTION PASSED
UNANIMOUSLY, 5-0.
5. CONSENT AGENDA
5.1. DECEMBER 19, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES
5.2. 2024 PLANNING AND ZONING COMMISSION MEETING SCHEDULE
5.3. RECORD OF DECISION SRU23001
5.4. RECORD OF DECISION CTA23002
5.5. RECORD OF DECISION CPA23001
ACTION: COMMISSIONER SEKINGER MADE A MOTION TO APPROVE THE CONSENT AGENDA. COMMISSIONER
HYATT SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 5-0.
6. FUTURE MEETINGS
6.1. FEBRUARY 6, 2024 (TUESDAY)
6.2. FEBRUARY 26, 2024 (TUESDAY)
7. ADJOURN
ACTION: MEETING ADJOURNED AT 5:45PM
THESE MEETING MINUTES ARE ONLY A SUMMARY OF THE PROCEEDINGS OF THE MEETING.
THEY ARE NOT INTENDED TO BE COMPREHENSIVE OR TO INCLUDE EACH STATEMENT,
PERSON SPEAKING OR TO PORTRAY WITH COMPLETE ACCURACY. THE MOST ACCURATE
RECORDS OF THE MEETING ARE THE AUDIO RECORDING OF THE MEETING, WHICH CAN BE
OBTAINED FROM THE TOWN CLERK'S OFFICE BY SUBMITTING A PUBLIC INFORMATION
REQUEST.
APPROVED:
X
CHAIRPERSON
PLANNING AND ZONING COMMISSION FINDINGS OF FACT
AND RECORD OF DECISION
DATE OF PUBLIC HEARING: January 17, 2024
TYPE OF APPLICATIONS: Major Development Plan Review
PROPERTY LOCATION: Lot 36 Block 3 Wildridge — 4580 Flat Point
FILE NUMBER: MJR23005
APPLICANT: Jeff Manley, AIA — Martin Manley Architects
A
AVo n
GOLOFA�9
This Record of Decision is made in accordance with the Avon Development Code §7.16.010(F)(1)
PZC DECISION ON #MJR23005:
FINDINGS:
MJR23005:
Approval with Conditions
1. The proposed project is compatible with Purposes of the Avon Development Code ("ADC").
2. Reserved
The project demonstrates design conformity with Avon Comprehensive Plan and other applicable,
adopted plan documents. Specifically, the project demonstrates conformity the plan for the
Northern Residential District (District 11 of the Comprehensive Plan) which states, "This residential
area contains varying densities located on the south -facing slopes north of the main valley floor.
The character for the developed landscape should reflect the area's dry climate and typically steep
terrain with low water -requiring plant materials and natural landscaping. Due to the limited number
of existing trees and shrubs and the open character of the property, special care should be taken to
ensure that all structures are compatible with one another and in harmony with the natural
surroundings."
The project is consistent with_previously approved and not revoked subdivision plat, planned
development or any other precedent plan or land use approval for the property as applicable. The
proposed plans are in general conformance with the Wildridge Final Subdivision Plat: the project
does not encroach in non -developable areas, is an approved density of dwelling units, and meets
setback requirements. The proposed amendment promotes the health, safety, and welfare of the
Avon Community by supporting working families and building a stable community with
opportunities for families and young professionals.
5. The project is compliant with all applicable development and design standards set forth in the
AMC, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning
Map, Chapter 7.24, Use Regulations and Chapter 7.28, Development Standards. The lot is zoned
as a Planned Unit Development, and the PUD Final Subdivision plat confirms that a single-family
home is allowed. Additionally, plans that demonstrate compliance with Development Standards
including access drive requirements, snow storage, and landscaping requirements have been
made a condition of approval for building permit approval. All other aspects of the project including
allowed use, density, lot coverage, setbacks, easements, building height, grading, parking, lighting,
and color and materials are compatible with the ADC.
PZC Record of Decision: MJR23005
6. The development can be adequately served by city services, including but not limited to roads,
water, wastewater, fire protection and emergency medical services. No additional roads require
construction for this project, emergency service access remains in place for the site and all
neighboring sites, and Wildridge has adequate water allocations and services available confirmed
by the Town and ERWSD's water budget inventory review in early 2023.
7. The development design conforms with the character of the surrounding community; or, where
redevelopment is anticipated, relates the development to the character of Avon as a whole. The
home, including materials, color, scale, design, and layout are compatible with other homes in
Avon and the Wildridge PUD specifically.
GENERAL CRITERIA FINDINGS:
1. The development applications is complete.
2. The development application provides sufficient information to allow the reviewing authority to
determine that the development applications comply with the relevant review criteria.
3. The development application complies with the goals and policies of the Avon Comprehensive
Plan; and
4. The demand for public services or infrastructure exceeding current capacity does not require
mitigation.
CONDITIONS:
1. An executed Access Agreement between the subject property owner and the neighboring property
owner for which the proposed access will be achieved must be provided to the Community
Development Department prior to the issuance of a building permit. Failing to provide this
document will necessitate the property owner to utilize and provide an alternative access design
plan, requiring subsequent Planning approval for this modification.
2. Snow storage areas must be shown on the forthcoming building permit
3. Modify landscaping to adhere to "Fire -Free -Five" distancing, subsequently approved by Staff
4. ILCs required to confirm building height following building construction
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
I"V
PZC Chairperson
PZC Record of Decision: MJR23005
DATE:
Planning and Zoning Commission 2024 Schedule
MONTH
DATE
DAY
January
3 -Jan
W
17 -Jan
W
February
6 -Feb
Tu
21 -Feb
W
March
11 -Mar
M
25 -Mar
M
April
8 -Apr
M
22 -Apr
M
May
13 -May
M
June
10 -Jun
M
24 -Jun
M
July
8 -Jul
M
22 -Jul
M
August
12 -Aug
M
26 -Aug
M
September
9 -Sep
M
23 -Sep
M
October
21 -Oct
M
November
11 -Nov
M
18 -Nov
M
December
9 -Dec
M
*VIRTUAL
*VIRTUAL